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Home My WebLink Aboutbocc.res.130.2006 RESOLUTION 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 WAGMAN SUBDIVISON Resolution No.l3t5-2006 RECITALS 1. David Wagman ("Applicant"), has applied to the Board of County Commissioners of Pitkin County, ("BOCC"), for Conceptual Subdivision, 1041 Hazard Review, GM Exemption and Special Review to utilize a TOR approval for a new subdivision. 2. The property is zoned AFR-1O and contains approximately 27.448 acres. 3. The property is lot 7, Aspen River Valley Ranch and is more specifically described in Exhibit A. 4. The Planning and Zoning Commission heard this application at their regularly scheduled public meeting on July 18, 2006, at which time they recommended approval by a vote of 4-0. 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 BOCC reviewed the application at a duly noticed Public Hearing on 1" Reading on September 27, 2006, at which time evidence and testimony were presented with respect to this application. 2"' Reading was heard at a Public Meeting on October 11, 2006. 7. 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 use of a TOR approval for the Wagman Subdivision subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. Prior to submission of the Detailed Submission/Final Plat application, the Applicant shall: A. Provide an in depth access plan for the two Lots that avoids, as best possible, doing a parallel driveway with the adjacent property to the west. B. The Applicant shall establish a public fishing easement along the Roaring Fork River. 3. With the Detailed Submission/Final Plat application, the Applicant shall: A. Provide draft Improvements Agreement and Protective Covenants. B. Provide a landscape plan for review and approval that provides screening for wildlife on uphill side of the building envelope for Lot 7a. The screening shall be of sufficient size and shall be in place prior to any construction. 1111111111111111111111 ~:~~~~:~ ~1 :21F JRNICE K vas CRUDILL PITKIN COUNTY co R 0.00 0 0.00 1'> :t}Lf, V Resolution No./k-2006 Page 2 4. Prior to commencement of any earthmoving or construction activity on each lot, the Applicant shall stake the corners of the building envelope and install 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. 5. 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. Landscaping may occur within the landscape envelopes and shall not constitute development. 6. The Applicant shall comply with the lighting standards in Section 3-110-110 of the Land Use Code. 7. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the building envelopes. No riparian or wetland vegetation shall be damaged or removed. B. The Applicant shall comply with the 2001 Wildlife Protection Ordinance No. 010-2001 for waste storage. Compliance with the condition shall be verified by Community Development prior to issuance of a certificate of occupancy. C. A void fruit-bearing trees and shrubs in any landscaping. D. Livestock hay shall be fenced with 8' mesh game proof fencing. E. Any and all grazing of horses or livestock shall be prohibited above the Eli Cerise Ditch. F. Dogs shall be prohibited, including construction dogs. G. 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 non- conforming fencing 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. H. 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. I. Mature, healthy cottonwoods shall not be removed without approval from Community Development. 8. 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 of a 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 ofthe fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges ofthe crowns of the fuel. 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. 530408 Page; 2 of 7 D 0.00 Resolution No.L30 -2006 Page 3 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. /. 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 standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (!BC) 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 I :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 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 installed 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 ofthe 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 driveways. 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. 11. The Applicant shall comply with the County's Noxious Weed Management Plan. 1111111111111111111I II ~~;~~~:~ ~1: 21F JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 Resolution No/31 -2006 Page 4 12. Prior to the issuance of any building permits for the each lot, the Applicant shall pay the applicable road and housing impact fees. 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-construction, 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 County Engineer. 15. Prior to submission of a building permit for either Lot, the Applicant shall submit a final engineering report that complies with the recommendations of the Yeh and Associates, Inc. report dated April 6, 2006, and to the satisfaction of the County Engineer. The Applicant shall construct the required mitigation concurrent with any development of the principal residence, CDU or Barn located within the envelopes. Prior to Certificate of Occupancy, the County shall inspect and approve the berm/wall for compliance with the recommendations for Lot 7b. 16. Prior to the issuance of a building permit for each lot, the Applicant shall make a cash payment in lieu of dedicating land to the Roaring Fork School District. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. 17. Prior the issuance of a building permit for each lot, the Applicant shall make a cash payment to the County in lieu of dedicating land for parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. 18. Prior the issuance of a 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 County Law, such as parking on County rights-of-way. 19. Floor area shall be limited to 5,750 square feet on each Lot. 20. 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. 21. At building permit application for Lot 7b, the Applicant shall surrender one Certificate of TOR and a copy of the deed evidencing the Applicant's acquisition of the Certificate (if applicable). 22. The Applicant shall comply with the requirements of the Basalt Rural Fire Protection District. The Applicant shall provide a water supply of a minimum of 5,000 gallons that will be accessible by a hydrant that meets the standards of the BRFPD. 23. Agricultural Property Tax Classification - Uses. The primary purpose of ownership and use of Lots 7a and 7b of the Wagman Subdivision is for residential purposes. All improvements and 1111111111111111111111 ~:~~~~:~ ~I: 21F JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 Resolution No/1fl--2006 Page 5 uses of lands within Lots 7a and 7b are associated with residential use of the property. Any activities occurring on the property, or uses of the property that would cause the properties to be classified as agricultural lands pursuant to Title 39, Colorado Revised Statutes, are prohibited. 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, 9 4-140 and C.R.S., 9 24-68-105. The statutory vested rights granted herein shall expire on //J-//-").l1tq. I 1"111 "III "1111 "'I 'III '\1"1 1'1\"1 III "1'1 'III 1"\ ~:~~~~~0~1: 21~ JRNICE K vos CAUDI~L PITKIN COUNTY CO R 0.00 Resolution No./3{-2006 Page 6 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 27'h DAY OF August 2006. INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the 26" day of September, 2006. APPROVED AND ADOPTED ON SECOND READING on the 11'h day of October, 2006. BOARD OF COUNTY COMM1SSIONERS OF PITKIN COUNTY, COLORADO ~\ By ~ rdui} - C( tA-fpn cf.) Mick Ireland Chair ATTEST: Date IO-liP-Or,,- j Jea?e, e Jones De~'JlY Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~ John E1y, County Attorney :t/'Y>~ C Q"J\~Ctr Cind ouben, Community Development Director PID# 246725400004 P 102-06 11"111 "III "1111 "'I 'III '11"1 \'11"1 III "II' 'III 1"1 ~:~~~~~0;1: 21f J~NICE K vaS CAUDILL PITKIN CCUNT~ CQ R 0.00 I . EXHIBIT "An LEGAL DESCRIPTION A parcel of land being part of Tracts 69 and 70 and being located in Section 25, Township 8 South, Range 86 West of the 6th Principal Meridian. Said parcel is more fully described as follows: Beginning at a point (being AP. 1 of said Tract 69); thence S 00'23'46" E 410.00 feet along line 1-9 of said Tract 69; thence S 43'00'00" W 2600 feet; thence S 18000'00" E 310.39 feet to line 5-6 of said Tract 69; thtence N 89040'19" W 1012.28 feet along said line 5-6; thence N 43'00'00" E 3557.51 feet to line 1-2 of said Tract 69; thence S 89047'17" E 260.42 feet to the point of beginning. EXCEPT any portion thereof contained in Amended Rule and Order recorded June 20,2003 as Reception No. 484274 and Second Rule and Order recorded June 20, 2003 as Reception No. 484275. \ III \\111111111\\ 11I\ 1\\1111\ 11111 IllllIII 1111 III ~:~~ ~~~~ ~ 1 : 21F J~NICE K vas CFlUDIl_L PITKIN COUNTY CO R 0.00 0 0.00