HomeMy WebLinkAboutbocc.res.045.2000 IIIIII IIIII IIIIII 11111 IIIII IIIIII IIIII III IIIII IIII IIII
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,GRANTING APPROVAL OF THE MCLAIN FLATS DEVELOPMENT
COMPANY 1041 HAZARD REVIEW,CONCEPTUAL SUBMISSION,AND SPECIAL
REVIEW/GMQS EXEMPTION FOR A CARETAKER DWELLING UNIT
Resolution No. o Y 5 -2000
RECITALS
1. McLain Flats Development Company("Applicant")has applied to the Pitkin County Board of
County Commissioners(`BOCC")for 1041 Hazard Review and Conceptual Submission approval to
establish a building envelope to construct a single-family residence and accessory structures,and for Special
Review approval and GMQS Exemption for a caretaker dwelling unit.
2. The parcel is located on McLain Flats Road,and is more specifically described in Exhibit A.
3. The parcel is zoned RS-20 and contains 15.8 acres.
4. The parcel was created in 1968,and,therefore, is exempt from GMQS under the provision of the
Land Use Code which exempts unimproved parcels that were created prior to June 12, 1978 [Section 3-150-
030(A)].
5. The BOCC heard this application at a public hearing on March 8,2000,at which time evidence and
testimony were presented with respect to this application.
6. The BOCC finds that the proposed building envelope is primarily located on slopes of less than 15%;
avoids mapped wildlife habitat; and that the wildfire hazard for the parcel is rated as low to medium,and can
be mitigated. Insignificant areas of slopes in excess of 15%and 30%within the building envelope comply
with the"exception for minor changes in slope,"which permits development on slopes in excess of 30%
"when the slope is due to the presence of a minor natural or man-made change in the gradient of a continuous
slope."
7. The BOCC further finds that the application generally complies with the applicable sections of the
Code.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant approval of the
McLain Flats Development Company 1041 Hazard Review,Conceptual Submission and Special
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Resolution No.&-2000 2 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
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Review/GMQS Exemption for a Caretaker Dwelling Unit, subject to the following conditions,which shall
run with the land and be binding on all successors in interest:
1. Prior to submission of any earthmoving,access, ISDS or building permit applications,the Applicant
shall submit a 1041 Hazard Review Site Plan to the Community Development Department for
approval and recording. The owner must sign the mylar copy of the site plan prior to submittal for
recording. The site plan shall also be submitted in digital format for integration into the County's
GIS system. The site plan shall comply with the provisions of Section 5-70-040 of the Code, and
shall be modified as follows:
A. Replace the"Hearing Officer Approval"and signature block with a"BOCC approval"and
signature block.
2. Prior to submission of an ISDS permit,the Applicant shall provide a letter of intent to serve the
development from the White Horse Springs Water District.
3. Prior to submission of any building permits,the Applicant shall:
A. File a fireplace/woodstove permit with the Community Development Department.
B. Obtain an access permit from the County Engineer for the proposed driveway. The driveway
shall enter the access easement at least 100 feet from the McLain Flats Road right-of-way
and shall intersect at a right angle with the existing driveway.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
D. Submit a parking and traffic management plan,which shall designate an employee parking
area and include a construction staging plan. Parking is prohibited on County roads or
within the County road right-of-way.
4. Prior to issuance of any building permits,the Applicant shall obtain approval of an ISDS permit from
the Environmental Health Department.The septic system must comply with all minimum horizontal
setback requirements between its components and physical features. A qualified professional
engineer must design the system. The septic system shall be located within the building envelope.
S. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Vegetation of 6 inches or less(mowed grass, low growing perennials or hardscape)shall be
established and maintained within a distance of 15 feet from all structures. Woody
vegetation shall not be planted within this perimeter.
B. Trees(spruce,pine,juniper, fir)planted outside of the 15 foot perimeter shall be planted
singly with a minimum of 10 feet between trees as measured at the outermost branch. A
minimum of a 10 foot separation shall be maintained between clumps or groupings of aspen
(2-3 stems).
C. The owner shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
6. The Applicant shall comply with the following additional wildfire mitigation standards:
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Resolution NO.H -2000
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A. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof
coverings and flat roofs(up to a 3:12 pitch)are prohibited in all wildfire hazard areas.
B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter,slash,and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 15 foot perimeter shall be maintained to a height not more
than 6 inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from
the structure.
H. Swimming pools shall be accessible to Fire Department vehicles.
I. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to the structure.
K. Any outbuildings or additional structures shall adhere to the same standards as structures.
L. Fuel tanks shall be installed underground with an approved container.
M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above-
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire-resistive construction on the exterior side of the walls.
N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be
clearly visible at the primary point of access from the public or common access road and
installed on a non-combustible post.
P. New utility lines shall be buried.
7. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection
District, including,but not limited to,the installation of approved fire sprinkler and fire alarm
systems,adequate provisions for fire department access and turnaround,and provision of the
required fire flow.
8. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
9. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Fencing outside of the building envelope shall comply with the fencing regulations in the
Land Use Code at the time of installation. The Applicant shall bring existing fencing into
compliance with the fencing regulations,prior to issuance of a Certificate of Occupancy for
the residence.
B. Native vegetation shall be maintained outside of the building envelope,except as necessary
for driveway and utility extension.
C. Install and use bear proof trash containers. Verification of installation shall be provided to
the County's Wildlife Biologist prior to issuance of a certificate of occupancy.
D. Landscaping shall not include fruit-bearing trees, due to the high level of black bear
activity in this area.
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Resolution No.Q�-2000 4 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Page 4
10. No development activity, including grading, landscaping,vegetation removal or disturbance, and
septic system, shall occur outside of the building envelope.
IL For any free market residential structure of 5,000 gross square feet or greater,the Applicant shall
comply with Section 4.01.01(B)of the Pitkin County Road Management and Maintenance Plan,
which requires the Applicant to provide construction trip and residential trip generation studies. The
Applicant shall comply with this provision as it is in effect at the time of building permit issuance to
the satisfaction of the County Engineer.
12. The Applicant shall adhere to all material representations made in the application or in public
meetings.
13. The vested rights for the approval granted herein shall expire three years from the date of this
approval on the 8'h of March,2003.
NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 5"'day of
February,2000.
APPROVED AND ADOPTED on the 8th day of March, 2000.
T
VESTED RIGHTS NOTICE PUBLISHED in The Aspen Times Weekly on the day of
lWvL , 2000.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By 9
off.' fey
ATTEST: Shellie Roy l3drper,Chair
Date
n can 4
Cle to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Ctrindyen,
County Community Development Director
Case#PO1-00; PID#264327400010
suzannew\pitkin\cases\1041\mclain flats\bocc reso
czrevmlol/01/00
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LEGAL DESCRIPTION
A tract of land situated in Lots 16 and 17 of Section 27, Township 9 South, Range 85 West of the 6th Principal Meridian,
described as follows:
Beginning at a point on the Southerly line of said Section 27, whence the corner common to Sections 26, 27, 34 and 35
said Township and Range, bears North 89035' East 57.20 feet; thence South 89035'West 646.70 along the Southerly line of
said Section 27 to a point on the Easterly line of a county road; thence North 30°15'West 240.00 feet along the Easterly
line of said county road; thence North 21 001'West 411.64 feet along the Easterly line of said county road; thence North
16039'West 237.56 feet along the Easterly line of said county road; thence North 29007'West 107.56 feet along the
Easterly line of said county road to a point on the Northerly side of a 60 foot roadway easement; thence North 68009'15"
East 623.10 feet along said easement; thence South 21051' East 1228.60 feet to a point on the Southerly line of said
Section 27, the point of beginning.
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