HomeMy WebLinkAboutbocc.res.094.2000 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,REINSTATING THE VESTED REAL PROPERTY RIGHTS FOR THE SMITH
PROPERTY AND EXEMPTING THE PROPERTY FROM THE MORATORIUM ENACTED
PURSUANT TO ORDINANCE NO. 96-19
Resolution No.M-2000
RECITALS
1. Harry Smith("Applicant")has applied to the Pitkin County Board of County Commissioners
(`BOCC")to consider a reinstatement of vested real property rights pursuant to Section 4-140-30 of the
Land Use Code("Code"),expansion of the previously approved building envelope,and exemption from the
Shield-O-Terrace moratorium (Ordinance No. 96-19).
2. The property is located on the north side of Shield-O-Terrace Road approximately 80 feet from
the intersection with Snowmass Creek Road, and is more specifically described in Exhibit A.
3. The parcel is zoned RS-301PUD and contains 5.308 acres.
4. The vested rights for the development expired in 1991.
5. The BOCC reviewed the request at a duly noticed public hearing on June 14, 2000, at which time
evidence and testimony were presented with respect to this application.
6. The BOCC finds that exemption from the Shield-O-Terrace moratorium (Ordinance No. 96-19) is
justified, given the following:
• The parcel is located approximately 80 feet from the intersection of Shield-O-Terrace Road
and Snowmass Creek Road.
• The portion of Shield-O-Terrace Road that provides access to the property is considered
adequate for residential and emergency access purposes.
• The wildfire hazard on the parcel is rated medium, and mitigation will be required to ensure
that development on this parcel does not create an additional risk to properties located above.
7. The BOCC further finds that the request complies with the applicable provisions of the Land Use
Code.
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Resolution No.t-2000
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NOW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby grant a reinstatement of vested rights to the Smith parcel, and does
hereby exempt the property from the moratorium enacted pursuant to Ordinance No. 96-19, 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 development permits,the Applicant shall submit an amended 1041
hazard review site plan on a 24 x 36 inch mylar sheet to the Community Development Departnent
for approval and recording,. The site plan shall also be submitted in digital format suitable for
integration into the County's GIS system. The mylar copy of the site plan must be signed by the
owner prior to submittal for recording. The site plan shall be modified as follows:
A. Designate an access envelope that avoids slopes in excess of 15%.
2. Prior to submission of an ISDS permit for the parcel,the Applicant shall provide documentation of
adequate quality and quantity of water from a well to the Fnvironmental Health Department. The
well shall be located within the building envelope.
3. Prior to building permit application,the Applicant shall:
A. Obtain approval of an ISDS permit from the Environmental Health Department. The septic
system shall be located within the approved building envelope and must comply with the
setback requirements from surface and groundwater sources. A qualified professional
engineer must design the system.
B. Obtain a fireplace/woodstove permit from the Community Development Department.
C. Obtain an access permit to improve the driveway to comply with County standards and
the requirements of the Fire District. The access permit shall be reviewed and approved
by the County Engineer and the Fire District. If the driveway exceeds 30 inches above or
below natural grade within the setbacks, the Applicant shall submit and the Board of
(r Adjustment shall consider a variance application prior to submission of the Access
w z Permit.
a D. Provide a trip generation study if the free market residential structure exceeds 5,000 gross
= square feet,for review and approval by the County Engineer. This study shall be developed
Fby a traffic engineering consultant hired by the applicant and pre-approved by the County
=y ILEngineer.
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Cr 4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
m Z standards:
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A. Brush, debris,and non-ornamental vegetation shall be removed within a minimum 10 foot
�m c perimeter around the structure.
a m B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
N minimum of a 40 foot perimeter around any structures.
m C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
m In minimum of two times the height of the fuel. Maximum diameter of the clumps shill not
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a exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel.
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Resolution No.77 -2000
Page 3
D. All branches from trees and brush within the 30 foot perimeter shall be pruned 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.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
J. The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
5. The Applicant shall comply with the following additional wildfire mitigation standards:
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.
o B. Vents shall be screened with corrosive resistant wire mesh with mesh 'A inch maximum.
_r4 C. Roofs and gutters shall be kept clear of debris.
az D. Yards shall be kept clear of all litter, slash, and flammable debris.
"0 E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
ofrom any structure.
w F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
�=«I. than 6 inches.
4n G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
la m from the structure.
Cr m H. Swimming pools shall be accessible to Fire Department vehicles.
_—m= I. Fences shall be kept clear of brush and debris.
m J. Wood fences shall not connect to the structure.
m m K. Any outbuildings or additional structures shall adhere to the same standards as structures.
N c L. Fuel tanks shall be installed underground with an approved container.
am M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away
m from the structure with standard defensible space vegetation mitigation around any above.
m ground tank. Any wood enclosure around the tank shall be constructed with materials
=m n approved for 2 hour fire-resistive construction on the exterior side of the walls.
�v o N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
—q M 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. Utility lines shall be buried within the driveway.
6. The Applicant shall install a residential sprinkler system,the design and installation of whichshall
be approved by the Fire District. The Applicant shall also install a 2,500 gallon water tank for fire
protection only. The location and design of the water tank shall be approved by the Fire District.
The water tank shall be located within the budding envelope.
7. No development, including grading,excavation, fill placement, landscaping,vegetation removal or
disturbance, septic system and well, shall occur outside of the approved building envelopes, except
for utility and driveway extension and maintenance.
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Resolution No.972000
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8. Areas disturbed by improvement of the driveway and installation of utilities shall be revegetated no
later than one growing season after completion of work.
9. The Applicant shall join a road improvement district for ShieldO-Terrace Road in the event one is
formed.
10. In accordance with Ordinance No. 2000-02B,this approval shall permit a maximum of 5,750 square
feet of floor area(all inclusive)as defined by the 1997 Uniform Building Code.
11. The Applicant shall adhere to all material representations made in public hearings and in the
application.
12. 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 granted
herein shall expire on June 14, 2003.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TI IES WEEKLY on the
13th day of May,2000.
APPROVED AND ADOPTED on the 14th day of June, 2000.
PUBLISHED AFTER ADOPTION F R VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY on the day of TvN — , 2000.
BOARD OF COUNTY COMMISSIONERS,
I IIIIII IIIII IIIIII IIIII III IIII III IIIIII III IIIII IIII IIII PITKIN COUNTY,COLORADO
444400 R 0.00 D 0 10:01R 00 PITTI DAVIS COUN SILVI By � �� /
4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Shellie Roy arper,Chair
ATTEST:
de .bean,Clerk to the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
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Cindy Houben 61Y10 John Ely 61iT— p p
Community Development Director County Attorney
P35-00
PID#264522400022
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LEGAL DESCRIPTION
1. PCT-1617
A Tract of land located in the South-11MIf of Rrctlnn 22, Township
9 Routh, Range 06 West of the Sixth Principal Morldian, more fully
described as follower
LOT 14, SHEILD-0-TF.RRACE9, described ■e follows
R Beginning at a point being 669.02 feet, North 10.00' East from the
I!; South 1/4 corner of Section 22, Township 9 Suuth, Range 66 West of
<. the Sixth Principal Meridian. ,
thence North 62 40' Rest 140.60 frets
thence Routh 27 20' Past 445.06 frets
thence South 47 17' West 262,00 frets
thence South 64 17' West 39.56 frets
thence West 09 46' feet along the North line of A. McKenzie Patent
to the North West Corner of the A. McKenzie Patent.
thence South 100.00 feet along the West line of the A. McKenzie
Patent;
thence South 09 09' West 249.35 foots
d N thence North 22 14' East 110.40 foots `
thence North 13 01' East 20T.9696 fast;
thence North 27 36' East 264.06 feet, to the point of the beginning.
:• " EXCEPTING THEREfROMs
A 00 foot Utility and Right of Way Casement on all enurase,
Except the North 62 40' Pont courts and the Routh 37 30' Rost e.,urns '
and an E4semant to the property described as followas
� 1, s Beginning at a point on the Snowmaes Road being 079.79 feet North
57 13' East from the South 1/4 Corner of Section 22. Township 9 South,
Range 06 West of the Sixth Principal Meridian;
,. thence North 59 56' West 45.09 feet;
them, 30 all West 161.64 foot to the Northeast Corner of Lot 14,
being 30 foot on both sides of the above described line.
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