Loading...
HomeMy WebLinkAboutho.deter.42.2006 1111111111111111 1111 II JANICE K VOS CAUDILL PITKIN COUNTY CO 529605 .-/ DETERMINATION OF THE HEARING OFFICER OF THE COMMlJNITYDEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVINC"THEnART"FAMILV PARTNERSmp 1041 HAZARD REVIEW, SPECIAL REVIEW AND.G~QS EXEMPTION FOR ADDmONAL FLOOR AREA AND A CDU, GMQS EXEMPTION FOR A REPLACEMENT UNIT AND A mSTORIC INCENTIVE FOR AN ADDmONALDWELLlNGtJNtr" ....... .. Page: 1 of 8 10/09/2006 03:51 R 0.00 D 0.00 Determination No. ~2006 RECITALS 1. Dart Family Partnership ("Applicants") have applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard Review, Special Review & GMQS Exemption for Incentives for Preservation of Historic Structures, Development Utilizing TDRs for Additional Floor Area & CDU approval to establish two building rights on what will become two 141-acre parcels. 2. The parcel is located at 0964 Lower River Road, and is more specifically described in Exhibit A. 3. The parcel contains approximately 282 acres and is a conforming size parcel in the AFR-lO zone district. 4. The Hearing Officer considered this application at a duly noticed public hearing on August 29, 2006, at which time evidence and testimony were presented with respect to this application. The application was then continued to September 6, 2006 for a site visit and further discussion. The application was continued again to September 19, 2006. 5. The Applicant submitted a complete application prior to July 6,2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 6. The Hearing Officer finds that the proposed building envelopes are located on slopes of less than 30%, and that the wildfire hazard is rated as low and can be mitigated. 7. The Hearing Officer further finds that the property is included on the Pitkin County Historic Inventory, and, therefore, is eligible for one additional dwelling unit of up to 5,750 square feet of floor area exempt from Growth Management as provided for in Pitkin County Land Use Code Section 9-110- 043. NOW THEREFORE BE IT RESOL YEn by the Hearing Officer that it does hereby approve the Dart Family Partnership 1041 Hazard Review, Special Review & GMQS Exemption for Incentives for Preservation of Historic Structures, Development Utilizing TDRs for Additional Floor Area & a CDU, and a GMQS Exemption for a Replacement 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 future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development, a Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the envelopes. The above referenced approvals shall be a condition precedent to finalization and recordation. 2. Prior to issuance of any building permits for the new residence, the Applicant shall: ~ Hearing Officer Determination No. Yd,.-2006 Page 2 Page: 2 of 8 10/09/2006 03:51 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 1111111111111111 1111111 529605 ./ A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a County access/driveway permit. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. E. Pay the applicable road and housing impact fees. 3. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be prohibited. Notwithstanding the prohibition set forth herein, the dog known as Bacchus, that is presently owned by the applicant's caretaker, may remain on the property as long as the applicant retains ownership of either Lot. B. Prior to issuance of any building permits on either Lot, the Applicant shall provide a fencing plan for areas to the north of the Rio Grande Trail. Any fencing outside of the building envelopes shall comply with the wildlife fencing standards in the Land Use Code. Prior to the issuance of a building permit, the Applicant shall upgrade existing fencing on the parcel to Pitkin County and CDOW standards. C. Install and use approved bear-proof trash containers as required by the County. D. Maintain native vegetation outside of the building envelope. E. Avoid fruit-bearing trees and shrubs in any landscaping. Haystacks shall be fenced with 8' mesh game-proof fencing. F. No riparian or wetland vegetation shall be damaged or removed as per Section 3-80.80(G)(3) of the Land Use Code. 4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. B. Spacing between clumps of brush and vegetation within the 30 foot perimeter 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. C. 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. D. Tree crown separation within the 3() foot perimeter shall have a minimum of 10 feet between the edges of the crowns. E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. F. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. .. G. 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: Hearing Officer Determination No. ~-2006 .. Page 3 11111111111111111111 II ~~~r:~ :351 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 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 the adopted building code 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 Y4 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. 1. Fuel tanks shall be illstalled underground with an approved container. J. 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. 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-comDustible letters arid shall be visible and installed on a non-combustible post. M. New utility lines shall be buried within the driveway. 6. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance or septic system shall occur outside of the approved building/development envelope, with the exception of required wildfire mitigation and the consistent uses allowed per the conservation easement as outlined on pages 8 and 9 of the recorded easement (Reception No. 410590). All structures must be located within the designated building envelopes, including hay barns. 7. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building and other envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place for the duration ofihe construction. 8. The Applicant shall comply with all codes and requirements of the Basalt Rural Fire Protection District. A sprinkler system shall be installed in all residential structures if required by the District. 9. All areas disturbed by construction shall be revegetated within one growing season of the project's completion. ~,!.~'\~, ,.....L.:.x,::!.._.c ),,_;'"~. "L:.! II,.,!L,.. ..,",'~ Hearing Officer Determination No. 11-2006 Page 4 Page: 4 of 8 10/09/2006 03:51 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 1111111111111111111111 529605 10. The caretaker dwelling unit on Lot 1 (Wheatley Schoolhouse) shall be limited to 1,000 net livable square feet and the kitchen shall contain a minimum of a two burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be provided for the unit. 11. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. 12. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall inspect the unit. 13. Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a minimum 5,000 gallon water storage tank (or other approved storage mechanism) within 100 feet of the principal residences, and they shall be accessible through the use of a hydrant meeting the policies of the Basalt and Rural Fire Protection District (B&RFPD). All structures shall be sprinkled. 14. The driveway access to the building envelope shall be a minimum width of 16 feet with an all weather surface capable of handling the imposed loads of a 60,000 lb. fire apparatus. 15. The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity, as represented in the application. Roof and siding materials shall be non-reflective. Color and material samples shall be provided to Community Development for approval prior to issuance of building permits. 16. Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet, excluding the existing historic structures, as defined by the Code at the time, per this approval, and with no further review. If the Applicant requests to exceed the 8,250 sq. ft. limit on Lot 1, then the Applicant shall be required to utilize an additionalTDR or additional TDRs anato'siibmit a Site Plan RevIew pursuant to Sections 2-30-20.g.2 (Site Plan), 7-10-50 (Site Plan), 1~20-20.e (Grading), 7-20-30 (Water Courses and Drainage), 7-20-120(d & e) (Standards for Scenic View Protection Areas), 7-20-130 (Landscaping and Vegetation Protection) of the new Code adopted on July 5,2006. Notwithstanding the language in 7-20-30, the requirements of 1:'20-40 and 7-20-80 and Table 5.1, as it rela1esto stream set backs, shall not apply to this review. As part of the Review, the Applicant shall submit a landscaping plan and architectural renderings. Under no circumstances shall the floor area on the Lot exceed 13,250 square feet, not including exempt barns, but including existing historic structures. 17. The new residence on Lot 2 may be constructed to 5,750 square feet, not including exempt barns or the existing historic structures. Lot 2 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet, including the existing historic structures, as defined by the Code at the time, per this approval, and with no further review. If the Applicant requests to exclude the historic structures from the previous limitation or to exceed the 8,250 sq. ft.limit on Lot 2, then the Applicant shall be required to utilize an additional TDR and to suomit a Site Plan ReVIew pursuant to Sections 2-30- 20.g.2 (Site Plan), 7-10-50 (Site Plan), 7-20-20.e (Chading), 7-20-30 (Water Courses and Drainage), 7- 20-120(d & e) (Standards for Scenic View Protection Areas), 7-20-130 (Landscaping and Vegetation Protection) of the new Code adopted on July 5,2006. Notwithstanoing the language in 1-20-30, the !J!"."'.,",I\'," Hearing Officer Determination No. ~-2006 Page 5 11lfl I~111~IUJII~IUJ!II~(Ulfll 11111111 ~~:~~~:!:3 '51 R 0.00 D 0.00 ./ requirements of 7-20-40 and 7-20-80 and Table 5.1, as it relates to stream setbacks, shall not apply to this review. As part of the Review, the Applicant shall submit a landscaping plan and architectural renderings. Under no circumstances shall the floor area on the Lot ~xceeg 10,750 square feet, not including exempt barns and historic structures. 18. At time of building permit submittal for either Lot, Applicant shall submit to Community Development executed, irrevocable certificates of TDRs and a reCQrded deed eyid~:m(;ing the sale or transfer of the certificates to the Lot owner. 19. Prior to the submission of a building permit the Applicant shall record a covenant in a form acceptable to the County Attorney in which the Applicant agrees to maintain the historic structures and limits future expansion of the historic structures. 20. Prior to the issuance of a building permit, the Historic Preservation Officer of Pitkin County shall review the location of the new structures as they relate to the Historic buildings. 21. Prior to the submittal of a building permit, the Applicant shall amend the Conservation Easement through the appropriate Board approvals to reflect the amended building envelope for Lot 2. 22. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 23. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 24. 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 September 29, 2009. 11.11 I Il.l I ~ Hearing Officer Determination No.lJd.-2006 Page 6 111111111 I H 111111 H II ~:~~~~~ :3'51 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 23rd day of July, 2006. APPROVED AND ADOPTED this 19th day of September, 2006. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RtGlITS in the Aspen Times Weekly on the 15. day of ra ,2006 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OFPITKINCOUNTY,COLORADO ATTEST: HEARING OFFICER OF PITKIN COU", COWRADO _ .~ ~ --~. .. ~es R. True, /' Hearing Officer Date: C? h. ? (0 (p I I APPROVED AS TO CONTENT: dJu,Q IO~df Cindy Houben, \ Community Development Director ~(f)(~ (Jfl~ onme Waechtler, Administrative Assistant APPRO:~ /~---------- JohnEI~ ~ Cou~ Case #P087-06 PID# 246726200002 '-. II II I1IIII n 1111 " II II ~:~~~~~ :3'51 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Our Order No: Q387183 ''dli!II LEGAL DESCRIPTION ~ PARCEL 1: -., TRACT 73 (ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6), LOTS 14, 15, 16, SECTION 26, AND TRACT 73 (ALSO DESCRlB:E:P.A~1QI 6) AND LOTS 15 AND 16, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OFTHE SIXTBgBI~<;:P:)~ M]~IPI~, TOGETHER WITH ALL DITCHES, DITCH AND WATER RIGHTS APPURTENANT Tlfi:RE16.. . .. EXCEPTING THAT CERTAIN TRACT ()F'LAN[> LOSATEDJ~~E<:TI()l'{f6.BEIN(}A PART OF TRACT 73. IN TOWNSHIP 8 SOUTH, R'ANGE~8(rWE'sT"OFtlfESiXTfr-p;RJNGfPAI:JvlERJ01AN, BEING MORE FULLY DESCRIBED AS FOLLOWS: .. . ""'" '~ ~ BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72, TOWNSHIP 8 SOUTH, RANGE 86 WEST (WHICH IS A BRASS CAP MARKED TR73; AP4 TR72; S26; 1928) BEARS SOUTH 76 DEGREES 36'30 EAST 1554.97 FEET; THENCE SOUTH 89 DEGREES 44' WEST 207 .15.fEl~T; THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A ROAD; '. .... ,." ,.< ,,,-,,,,'",.,,.....,,.,,,,., .,.........". ..." THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POINT OF BEGINNING ." '-- ,- EXCEPTING HEREFROM ALL EASEM:E~I$ Al'fQR)GI'f[S OF.,\.V.-\Y OFRECO~D.A.ND.TBPTR.1ST.9F LAND ENCLOSED AND USED FOR CEMETER-ipURP6sES"'KNOWN'ASTHE'"':WHEAtlEY-;;CE~TIntY"f .," ",.. .e.......; .;. ""'.,.',,,"; ,..,... ,.,.- ;",i."'. ;",..-,,: \":"".,,,::..>, '......--..:.. .'...:'....,_..,..,,-.."...... ,"'''.'_'_''('". .:.:'~'".';:. -." .......,.;','.: ." ,', ' .:... ',--:'," ..... ',"" ", ',,-,.. .. .,""- .. -",' .' ' TOGETHER WITH A STRIP OF LAND"TEi,(p-tET"wiDE"61rtIilrt\fp].rrt5IJ)Et\NIJ A STRIP OF ; .' - . _::"':';_ _"_ :::',"';',__n_' .,',' ;',...,"',. "',f':"'.!,',"" ','!:1);",;:::o:.'_': -'~"'""'-'''':'''':'''::i;''~':~<:''''~''''f,"''~":;':,i~'~' ",-<>,;~::'_0;.:..: ,-: :i: ,'<i:~;,:" -"i_'<' LAND TEN FEET WIDE ON THE SOUTH SIDE OF TH'!: FENC:~~pNC:kOS.I~G SAJP'(;BM)~rf:j{Y'; ., BEING A TRACT OF LAND APPROX~~fL'} TEL Y ~gf~PJ;~"{J?F'f:B'f,Al'.n:>p.~R.I\T.-\1'~. .. RIGHT-OF-WAY 15 FEET IN wn:>TH TO AND ~R.QM SAIi>'SEM:J:2fER'lEXTEND'tNGFROM THE SOUTH SIDE OF SAID CEMETERY TO THEc:OUNTy'ROAb: . .~~ -r- EXCEPTING A RIGHT-OF-WAY AS MAY I3ENECs~S,AgXTO.. QRIVE.CA.TTLE. FROM T.H...E... .C....O....U.......N. TY.... ROAD NORTHERLY ALONG THE COURSE 9~ W1ig~A. Tt~f G:1!ks~f2.:Iff(u:~':.~~(f~StLANf> L VINCi NORTHERL Y OF SAID DESCRIBED PROPERTY, PROVIDING; HOWEVER. THE USE OF THIS' EASEMENT SHALL BE LIMITED TO THE DRIVING OF RANGECATTLE ONTO SAID FORES.T..LAN.D. , AND TO USES INCIDENTAL THERETO. AND PERTAii-nNGfOTHE cAR:E OF SAID CA'fTLE .... DURING THE TIME THEY MAYBE PASTURED ON SAID RANGE. "- ..~ EXCEPTING THE MINERAL INT... ERESTS RESER,Y;E:PBY FIERMAN ARBANEY, ALEX F. ARBANEY Le_.'-' "","'" :.'.,"',",Yo"'," ,...~::: ;.:':.....,:,.",._...:.~:;''''!.'_~''.,j.!i"c~.~~;i :":','*,i':"":':!',:,);'4."5'."ff,,+~'~~J"'~_;'~Y":'1~:';,j~tf>~'W,r'?:0:-",,,,;,.jl:;;j,}t..,,,,,,,.,,,, - - -"--'."-~"'.'.'''...-'' ',-, _C-__'__'.. - ,.;.. "..... ..... .., ' AND LAURENT ARBANEY, JR., IN THAT CERTAIN DEpD'OF c::9l'9'VEYf\~CE(jFSAJJ) ABOVE DESCRIBED PROPERTY DATED DECEMBER 12,1959. -- AND oJ ~ A PARCEL OF LAND SITUA TEl:) [N I~A<:T N9; 72 og S'Es:n9~ .26;. T()\'v!,/SfiIP8S0UTH, RANGE 86 WEST OF THE SIXTH PRiNCIPAL"MEi~TprAN','LYI~tr:S'OTI1HERLY"AN'r5'''EASTE.:RLV...OF THE TRACT LINE AND NORTHERLY Of THJ;, GE.:NTEROF THE ROARING FORK RIVER, SND . PARCEL OF LAND IS DESCRIBED AS FO.LLOW~: ...."'...""'''''''''<''''''.''''.........'... ...... , ...~ """I BEGINNING AT AN IRON POST WITH A BRASS CAP FOUND INP.LN~E ~p P~9PERLY MARKE.....D FOR ANGLE POINT NO.3 OF SAIDTRA.CTNO. 7iAf.s6~Et~g'ANGtEP6I~;f'NO.4'OF!'.' .............. . TRACT NO. 73 IN SAID SECTION 26; .. . .. --. ., ...,~ .'~. ," -, - ~ llIJITlfirii Ii ~~ !16'~"~-~~~,.........~~"""-,.".'<"-"' '. ""'"""'" ."", 1111111111111 UIIIIIII ~:;~~~:! :3 51 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 ,~,_.,' Our Order No: Q387183 LEGAL DESCRIPTION """ THENCE SOUTH 210.00 FEET TO A POINT IN THE CENTER QF SAID RIVER; THENCE NORTH 44 DEGREES 00'00" WEST 70.18 FEET ALONG THE CENTER OF SAID RIVER; THENCE NORTH 73 DEGREES 12'00" WEST 141.98 FEET ALONG THE CENTER OF SAID RIVER TO A POINT ON SAID TRACT LINE; THENCE NORTH ALONG SAID TRACT LINE, 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT 72; THENCE SOUTH 89 DEGREES 31 '44" EAST 184..68 FEET Al.ONG SAID TRACT LINE TQ ANGLE POINT NO.3 OF SAID TRACT NO. 72, THE POINT OF BEGINNING. - ... - COUNTY OF PITKIN, STATE OF COLORADO. PARCEL 2: ......, ~ A TRACT OF LAND LOCATED IN SECTION 26, AND BEIGN A PART OF TRACT 73, IN TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE FULLY DESCRIBED AS FOLLOWS: -.... BEGINNING AT A POINT WHENCE CORNER 4 OF TRAfT 72, TOWNSHIP 8 SOUTH, RANGE 86 WEST (WHICH IS A BRASS CAP MARKED TR73; AP4 TR72; S26; 1928) BEARS SOUTH 76 DEGREES 36'30" EAST 1554.97 FEET; THENCE SOUTH 89 DEGREES 44' WEST 207.15 FEET; THENCE NORTH 6 DEGREES 10' E,\ST 149.00 FE~:r}OII-fgSQ\IIBR!9BT~Of~YYf.\Y LINE OF A W~; , .,. - THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAJP RJGfr;r-OF-WAY LINE; THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POINT OF BEGINNING. ,- COUNTY OF PITKIN, STATE OF COLORADO. ::,........",..,.,.. EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS: RECORDED MAY 19, 1997 UNDER RECEPTION NO. 404569 RECORDED MAY 20, 1999 UNDER RECEPTION NO. 431355 RECORDED JANUARY 12,2001 UNDER RECEPTION NO. 450525. "''*'''''1 '" '- -...~ """- - - .,.....~'"':':"~~~_._..-.."".....