HomeMy WebLinkAboutbocc.res.152.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING CONCEPTUAL SUBDIVISION, 1041 HAZARD REVIEW, GM
EXEMPTION AND SPECIAL REVIEW TO UTILIZE A TDR APPROVAL FOR THE ESTATE
OF ROBERT A. GEORGE SUBDIVISON
Resolution No./5')-2005
RECITALS
Estate of Robert A. George ("Applicant"), has applied to the Board of County Commissioners of
Pitkth County, ("BOCC"), for Conceptual Subdivision; 1041 Hazard Review, GM Exemption and
Special Review to utilize a TDR approval for a new subdivision.
2. The property is zoned R-30 and contains approximately 2.8 acres.
3. The property is located on Placer Lane and is mom specifically described in Exhibit A.
The Planning aod Zoning Commissioo heard this application at their regularly scheduled public
meetthg on Jnly 5, 2005, at which time they recommended approval by a vote of 6-0.
The BOCC reviewed the application at a duly noticed Public Hearing on 1st Reading on October
26, 2005, and at 2nd Reading at a Public Meeting on November 2, 2005, at which time evidence
and testimony were presented with respect to this application.
The BOCC finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it hereby grants Conceptual Subdivision, 1041 Hazard Review, GM Exemption, and Special Review for
nse ora TDR approval for the Estate of Robert A. George Subdivision subject to the following conditions,
which shall run with the land and be binding on all successors in interest:
The Applicant shall adhere to all conditions and material representations made ia the application
and public meetings except as amended herein.
2. Prior to submission of the Detailed Submission/Final Plat application, the Applicant shall:
Work with the Environmental Health Department to produce a PM 10 mitigation plan
containing specific, enforceable control measures and documenting that the proposed
mitigation measures will fully mitigate for all PMI0 increases in the non-attainment area
caused by the development.
3. With tbe Detailed Submission/Final Plat application, the Applicant shall:
Provide draft Improvements Agreement and Protective Covenants.
Remove the landscape envelope to the soutb and west of the building envelope on lot 1.
Grant an easement to the County for the portions of Red Mountain Road that are located on
tbe property.
Provide an engineering report, or signoff from the County Engineer, that demonstrates the
safest access point for Lot 2 with regard to the intersection of Placer Lane and Red Mountain
Road.
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Prior to commencement of any earthmoving or construction activity on each lot, the Applicant
shall stake the corners of the building envelope and instalI construction fencing around the
perimeter of the building envelope. The fencing shall remain in place until a Certificate of
Occupancy is issued for the residence.
No development, including grading, excavation, fill placement, berming, entry or ranch gates, and
vegetation removal or disturbance shall occur outside of the approved building envelopes unless
otherwise specified in this document, such as necessary wildfire mitigation. Utility and driveway
extension and maintenance shall occur within the approved building or access envelopes.
Removal of existing vegetation outside of the principal building envelopes shall be reviewed and
approved by Community Development.
6. The Applicant shall comply with the lighting standards in Section 3-110- l 10 of the Land Use Code.
7. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
Native vegetation shall be maintained outside of the building envelopes. No riparian or
wetland vegetation shall be damaged or removed.
Install and use an approved bear-proof trash container as required by the County.
Compliance with the condition shall be verified by Community Development prior to
issuance of a certificate of occupancy.
Avoid fruit-bearing trees and shrubs in any landscaping.
Wood fencing shall employ three rails or less, he 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 non-
conforming fenciug on the property must be brought into compliance and any wire fences
not necessary for the retention of livestock should be removed to facilitate wildlife
movement.
Silt fences must be installed according to the County standard between any construction
and any body of permanent or ephemeral water body during all phases of construction.
Mature, health cottonwoods shall not be removed without approval from Community
Development.
The Applicant shall comply with the following landscaping and wildfire defensible space
mitigation standards:
A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum ora 30 foot perimeter around the structure.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two
times the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
D. All branches from trees and brush within the 30 foot perimeter shall be praned to a height of
10 feet above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet
between the edges of the crowns.
5 i 7673
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Resolution No. Pi'J--2005
Page 3
G.
H.
1.
All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
The density of fnels within a 100 foot perimeter of the structure shall be reduced.
All deadfall within the 100 foot perimeter shall be removed.
The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
9. The Applicant shall comply with the following additional wildfire mitigation stm~dards:
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in
the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings
are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with
the following:
1 ) 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) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
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. All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
I. Fuel tanks shall be installed underground with an approved container.
J. 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 tm~k. Any wood enclosure around the tm~k shall be constructed with materials
approved for 2 hour fire-resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
· placed in a visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
M. New utility lines shall be buried within roadways or driveNvays.
10.
All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
I I. The Applicant shall comply with the County's Noxious Weed Management Plan.
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Resolution No.PS~ -2005
Page 4
12.
Prior to the issuance of any buildiug permits for the each lot, the Applicant shall pay the
applicable road and affordable housing impact fee.
13.
Prior to the issuance of any building permits for each lot, the Applicant shall submit a site-specific
Drainage and Erosion Control plan, which addresses management during construction as well as
post-coostruction, for review and approval by the County Engineer.
14.
Prior to the submittal of any building permits for each lot, the Applicant shall obtain an
Access/Driveway Development permit for individual driveways, which shall be approved by the
Couoty Engineer.
I5.
Prior to submission of any new building permit for new development on lot 2, the Applicant shall
submit a mitigation report from an engineer or geologist licensed in the State of Colorado. The
rei~ort shall demonstrate that the site can be engineered in such a way that there is no hazard
posed, and shall show the area of disturbed slopes, any re-grading required and the size and
location of all mitigation devices. Any new development shall be conditioned upon compliance
with the report.
16.
Prior to the issuance ora building permit for each lot, the Applicant shall make a cash payment in
lieu of dedicating land to the Aspen School District. Calculation 0ftbe payment shall be based on
the regulations in effect at tbe time of building permit issuance.
17.
Prior tbe issuance ora building permit for each lot, the Applicant shall make a casb payment to the
Couuty in lieu of dedicating land for parks/recreation/open space. Calculation of the payment shall
be based on the regulatious in effect at the time of building permit issuance.
18.
Prior the issuance ora building permit for each lot, the Applicant shall submit a Construction
Management Plan in accordance with the Asset Management Plan for review and approval by the
County Engineer. The Construction Management Plan shall indicate that vehicles associated with
construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate
Cotmty Law, such as parking on County rights-of-way.
19.
At time of bnilding permit submittal, Applicant shall submit to Community Development the
required executed, irrevocable certificate ora TDR, and a recorded deed evidencing the sale or
transfer of the certificates to the lot owner, for the additional development right.
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 26th DAY OF September 2005.
INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the 26th day of October, 2005.
APPROVED AND ADOPTED ON SECOND READING on the 2''d day of November, 2005.
ATTEST:
J~0~ette Jones
[JCputy Clerk
APPROVED AS TO FORM:
Cotfrrty~ttorney
PID# 273707200010
P104-05
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
~atti Kay-Clapl~r t t
Chair
Date I1-
APPROVED AS TO CONTENT:
C,)~y~lbro~uben, "- '~'
Community Development Director
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11122/2005 08:4~
JANICE K VOS CAUDILL PITKIN COUNTY 00 R 0.00 D 0.00
Exhibit A
Parcel i:
A tract of land situated in the Northwest Quarter CNW M ) Section 7, Township 10 South,
Range 84 Wesl of the Sixth Principal Meridian, said tract being also a part of the Brown
Placer U.S.M.S. No.'15047 m~d more fully described as follows:
Beginning at a poim Oll the Easterly line of County Road whence Comer No. 14 bears
South 19°07, East 659.77 feet;
thence North 50020, East 244.96 feet;
thence South 31 ° 15' East 217.00 feet;
thence South 25°20, West 319.88 feet to the South line of Salvation Ditch;
thence Noah 38017' West 74.60 feet along the South line of Salvatinn Ditch;
thence North 25°48'30" West 149.52 f~et along the South line of Salvation Ditch to the
Easterly line of County Road;
thence North 14°47'20" West 6.42 feet along the Easterly line of County Road;
thence North 23°22'30,, West 129,29 feet along the Easterly line of County Road, to the
Point of Beginning.
Pamel II:
A tract oflund situated in the Northwest Quarter CNW ¼ ) Section 7, Township 10 South,
Rm]ge 84 West oft.he Sixth Principal Meridian, said tract being also a part of Brown
Placer U.S.M.S. No. 15047 and more fully described as follows:
Beginning at a point on the Easterly line of County Road whence Corner No. 14 of said
Brown Placer beaa.s South 19°07, East 659.77 feet;
thence North 50°20' East 244.96 feet;
thence North 50000, West 279.73 feet;
thence South 79025, West 50.66 feet to the Easterly line of County Road;
thence South 09°40' East 12.62 feet along the Easterly Iine of Coumy Road;
thence South 06°17'30TM East 195.34 feet along the Easter line of County Road;
thence South 23°22'30'' East 131.02 feet along the Easterly line of Coumy Road, to the
Point of Beginning.
County of Pitkin, Stale of Colorado
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