Loading...
HomeMy WebLinkAboutbocc.res.145.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL OF THE GAYLORD 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT Resolution No.//~9/-2005 RECITALS Phillip and Carolyn Gaylord ("Applicant") have applied to the Board of County Commissioners of Pitkin Couoty, Colorado ("BOCC") for approval to merge three lots, to designate a building envelope for a single family residence and to vacate the portion of Bear Creek Lane that is adjacent to Lots 41-43. 2. The property is located at the north end of Bear Creek Lane, and is more specifically described as Lots 41,42 and 43, Crystal River Park Subdivision. 3. The lots are zoned AFR-I 0 (most of Lot 4 I) and RS-30 (Lots 42 and 43). The lots are non-conforming in size. The Pitkin County Planning and Zoning Commission ("Commission") considered the proposed application at a regularly scheduled meeting on September 6, 2005, and recommended approval by a vote of 3-0. The BOCC considered this application at a duly noticed public hearing on September 28, 2005, at which times evidence and testimony were presented with respect to tbe application. The BOCC approved the application on October 12, 2005. The BOCC finds that the proposed building envelope is located on slopes of less than 30%, avoids critical wildlife habitat and geologic hazard areas; and the wildfire hazard is rated as Iow and can be mitigated. 7. The BOCC further fiads the proposed amendment to the plat complies with the applicable provisions of the Land Use Code ("Code"). NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Gaylord 1041 Hazard Review, Conceptual Submission, and Minor Plat Amendment, subject to the followiug conditious, which shall run with the land and be binding on all successors in interest. The Applicant shall adhere to ali material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other couditions. Prior to submission of any building permit applications, the Applicant shall submit the amended plat/ 1041 hazard review site plan to the Community Development Department for approval and recording. The mylar copy of the plat must be signed by the owners prior to submittal for recording. The mnended plat shall show the road right-of-way to be vacated, the lots affected by the vacation (Lots 41,42, 43, I and 2), the lot lines to be eliminated, and the approved building envelope on amended Lot 41/42/43. The plat shall include legal descriptions of adjusted Lot 41/42/43 and adjusted Lot I/2, which include the vacated areas. The 5' utility easements along the north, west and south lot lines shall be eliminated. Page: 1 of 4 Resolution Nkk./tt'~ -2005 Page 2 With the building permit application, the Applicant shall submit a precise engineer or geologist approved mitigation plan for review and approval by the Community Development Department and the Connty Engineer. Tbe plan shall show the ama of disturbed slope, any re-grading required and the exact size and location of any mitigation devices to mitigate for potential rockfall hazard, if deemed necessary by the engineer or geologist. The report shall include soils testing to determine if talus materials are present, and if so, shall recommend mitigation. 4. Prior to issuance of any bnilding permit applications, the Applicant shall: A. Obtain an access/driveway permit for the driveway, which shall be approved by the County Engineer and the Commuuity Develop~nent Department. The driveway sball include a turnaround to accommodate fire apparatus. If the turnaround cannot be accommodated on the lot, the Applicant shall demonstrate to the Community Development Depamnent that the turnaround does not encroach on 1041 hazard areas and that the owner of the land where the turnaround is to be located has granted permission. B. Obtain fireplace/woodstove permits from the Community Development Depamnent, if necessary. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D. Pay the applicable road and employee housing impact fees. E. Obtain approval ora septic permit from the Environmental Healfl~ Department. The system shall be located within the approved building envelope, and must comply with the setback requirements from surfhce and groundwater sources. A qualified professional engineer must design the system. The Applicant sball comply with tile following landscaping and wildfire defensible space mitigation standards: A. Grass, tbrbs and shrubs shall be kept to less than 1 foot in height within 30' of all structures. Forbs and grasses within I 0' of all structures shall be maintained to a height of not more than 6". 13. AIl branches from trees and brush within 30' ofall stmctures shall be pruned to a height of 10, above the ground with removal of ladder fuels from around trees and brush. C. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. D. AIl deadfall within 50 feet of all structures shall be removed. E. Installed or native landscaping witbin 20' of all structures shall not contain any brushy species - only grasses or forbs. Flammable mulches are not recommended. Aspen trees shall not be within 10' of any structure. F. The applicant shall be responsible tbr the continued maintenance of the defensible space vegetation requirements. 6. The applicaut shall comply with tbe following additional wildfire mitigation standards: Roofs shall be constructed with a Class A roof covering or a Class A assembly. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Rool§ shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) Ail roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal ora building permit application. Page: 2 of 4 10/31/2005 10:17~ SILVIA DAVIS PlTKIN COUNTY CO R 0.00 D 0,00 / Resolution No./l[~ -2005 Pa, ge 3 B. Vents shall be screened with corrosive resistant wire mesh with mesh ~A 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. Ali flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within tile 10 foot perimeter shall be maintained to a height not more thau 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. 1. 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 staudard defeusible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour tire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one I0 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 visible and installed on a non-combustible post. P. New utility lines shall be buried. 7. Tile Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shaII be kenneled, kept inside a structure, or leashed at all times. B. Install and use an approved bear-proof trash container. C. Native vegetation shall be maintained outside of the building and development envelopes. D. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. E. Fencing outside the building euvelope shall comply with the following: Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoffwithin one growing season of the project's completion. Prior to commencemeut of any eartbmoving or construction activity, the Applicant shall stake tile corners of the building envelope and install coustruction fencing arouud the perimeter of the building envelope. The fencing shall remain in place until issuance of a certificate of occupancy. 10. Lighting shall comply with the Pitkin County lighting standards in effect at tbe time of installation. 1 I. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, or septic system shall occur outside of the approved building envelope. Page: 3 of 4 10/31/2005 10:17~ BILVIA DAVIS PITKIN COUNTY CO It 0.00 I) O.O0 Resolution No./~/5 -2005 Page 4 Construction staging, parking, utility and driveway extension and maintenance shall occur within approved building envelope or the access driveway. 12. The property shall be limited to a maximum of 5,750 square feet of floor area exempt from growth management. 13. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights grm~ted herein shall expire on /0/I.~- , 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the th 28 dayofAugust, 2005. APPROVED AND ADOPTED on the 12th day of October, 2005. PUBLISHED AFTER ADOP,TJON FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the/J ~tay of/'!av~2005. A ette Jones, Clerk tc e BOCC ~ROVED AS TO CONTENT: Girly l~u ~-e~' -' Community Development Director BOARD OF COUNTY COMMISSIONERS, PITKiN COUNTY, COLORADO By Patti Kay-Cl~, Chair APPROVED AS TO FORM: PI53-05 PID #272929201089/272929201096