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HomeMy WebLinkAboutho.deter.17.2006 11111111111I111I 111111 ~~;~~~~!; 122 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE MILLER CREEK ESTATES PARCEL 31041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Determination No. 4-2006 RECITALS 1. Meredith Land & Cattle LLC ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Ha2ard Review and Conceptual Submission approval to establish a building envelope to construct a single-family residence and accessory structures. 2. The parcel is located on the south side of Fryingpan Road on the east end ofRuedi Reservoir and is referred to as Parcel3, Miller Creek Estates. 3. The parcel is zoned AFR-1O and contains 35+ acres. The parcel is within the Upper Fryingpan Valley Overlay. 4. The ffearing Officer granted 1041 ha2ard review and conceptual submission approval, pursuant to Determination No. 28-2000. The 1041 site plan was recorded in Plat Book 57 at Page 58. The vested rights expired on September 19, 2003; therefore, the Applicant is requesting a new approval. 5. The Hearing Officer heard this application at a public hearing on Apri118, 2006, at which time evidence and testimony were presented with respect to this application. 6. The Hearing Officer finds that the proposed building envelope is located primarily on slopes of less than 30%, and that the areas within the building envelope that contain slopes in excess of 30% comply with the "minor slope anomaly," 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." [Sec. 3-80-050(C)(I)(c)(ii)(c)] 7. The Hearing Officer further finds that the wildfire hazard within the building envelope is rated as medium, and can be mitigated; and, that impacts on wildlife can also be mitigated. NOW THEREFORE BE IT RESOLVED that approval is hereby granted by the Pitkin County Hearing Officer for the Miller Creek Estates Parcel 3 1041 Ha2ard Review and Conceptual Submission, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. This approval and the conditions herein shall repeal and replace Hearing Officer Determination No. 28- 2000 and its conditions of approval. 2. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit an amended 1041 Ha2ard 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 comply with the provisions of Section S. 70-040 of the Code. 3. Prior to submission of an ISDS permit, the Applicant shall provide documentation to the Environmental Health Department as to an adequate quantity of water from a well. Hearing Officer Determination No. 13--2006 Page 2 11111111111I1111 111111 ::~;~~~;!; 1 : 22 JANICE K vas CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 4. Prior to issuance of any building permits, the Applicant shall: A. 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. B. Obtain an access permit from the USFS to utilize the existing road across USFS lands. C. Submit an access permit for review and approval by the County Engineer and Community Development Department. The access road shall have a minimum width of 12 feet and a minimum unobstructed height of 13'6". The Applicant shall provide a turnaround with a minimum inside turning radius of 40 feet. If the County Engineer determines that turnouts are required, the turnouts shall be at least 10 feet wide and 50 feet long. D. File a fireplacelwoodstove permit with !he Community Development Department. E. Submit a drainage and erosion control plan for review and approval by the County Engineer. F. Submit a weed management plan for review and approval by the Natural Resources Division. G. Pay the applicable affordable housing and road impact fees. 5. 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 of all structures. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of 50 feet upslope and to the sides and 70 feet down slope of any structures. Spacing between clumps of brush and vegetation within this area shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns ofthe fuel. C. All branches from trees and brush within this perimeter shall be pruned to a height of 6 feet above the ground and ladder fuels from around trees and brush shall be removed. D. Tree crown separation within the perimeter shall have a minimum of 10 feet between the edges of the crowns. E. All branches, which extend over the roof eaves, shall be trimmed and all branches within 15 feet of the chimneys shall be removed. F. All deadfall within a 100 foot perimeter of all structures shall be removed. G. Low vegetation shall be maintained within a 10 foot perimeter of all structures. H. The Applicant 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: A. 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 thana 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 the adopted building code and shall have a minimum slope of! :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 1.( 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 a 10 foot perimeter of all structures 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 all structures. 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 NFP A 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. Utility lines shall be buried within the road or driveway. I II II II II I II" I111I II 1111 II 11111 ~~;~~~~!; 1 . 2,. JRNICE K vas CRUD ILL PITKIN COUNTY CO R 0.00 D 0.00 . Hearing Officer Determination No. fL.-2006 Page 3 7. The Applicant shall comply with the following measures to minimize impacts on wildlife: A. Native vegetation shall be maintained outside of the building envelope, except as necessary to create a defensible space, as required above. B. Food, cover and water sources beneficial to wildlife, particularly trees and shrubs with high wildlife food value such as heavy seed, berry and fruit producing species, shall be preserved. C. Dogs shall be prohibited. D. Tall, overly mature trees and standing dead aspen shall be retained, whenever possible, as nesting and roosting habitat for woodpeckers, raptors, and cavity nesting songbirds such as nuthatches. E. Install and use approved bear-proof trash containers. Verification of installation of the container shall be provided prior to issuance of a certificate of occupancy. F. Fencing outside the building envelope shall comply with the following standards: 1) Wire fencing shall employ a 3 strand barbed or smooth wire fence with a 42" maximum height above ground level and at least 12" between the top 2 strands. 2) Wood rail fencing shall employ 3 rails or less, be the round or split rail type, shall not exceed 48" in height above ground level and 12" in width (top view), and shall have at least 18" between 2 ofthe rails. 3) Mesh or woven wire fences are prohibited. 4) Existing fencing shall be brought into compliance with these standards. G. Restore the overgra2ed meadows and shrub land using native vegetation. H. Permanently terminate all domestic animal gra2ing on the property. 1. Restore the riparian vegetation of Miller Creek to mitigate the impacts of overgrazing. - ~~ --- -~- Hearing Officer Determination No. EL-2006 Page 4 Page: 4 of 5 04/28/2006 11:22 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 11111111111I1111 111111 523466 8. The Applicant shall install a 10,000 gallon water supply tank for fire fighting purposes within the building envelope. The tank shall have a frost-proof design and a fire department connection approved by the fire district. The tank shall be filled and maintained by the owner. All occupied structures shall be located within 1,000 feet of the tank. The Applicant may utilize an alternative method to supply water for fire fighting purposes, if approved by the Basalt and Rural Fire Protection District. 9. The Applicant shall design and construct structures according to the applicable building code provisions for Seismic Zone n. 10. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. II. No development activity, including grading, landscaping, vegetation removal or disturbance, well and septic system, shall occur outside of the building or access envelopes, except as required above to create and maintain a defensible space. 12. All construction vehicles shall be parked legally on the site. Parking is prohibited on County roads or within the right-of-way. 13. Development on the property shall be limited to a maximum of 4,000 square feet of floor area, calculated based on the regulations in effect at the time of building permit application. 14. The Applicant shall adhere to all material representations made in the application or in public meetings. 15. 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 the l8'h day of April, 2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 12'h day of March, 2006. APPROVED AND ADOPTED this 18th day of April, 2006. PUBLISHED AFTER ADOPTION FOR VE~ED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY on the...:bday of plU ,2006. - Hearing Officer Determination No. _-2006 Page 5 ATTEST: COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO - ~ Date James R. True, Hearing Officer '-f,/Z-l/OIP l { Bonnie Waechtler, Administrative Ass' tant APPROVED AS TO FORM: ~ P258-05 PID#247 I 14101003 ...:::. APPROVED AS TO CONTENT: av^..C~a ~~AH- Cin uben, Community Development Director 11\\\11\\\11\ II III I IIIlIII \ 11111 \\11\1 IIII III ~:~~~~;t ~ 1:22 JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00