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HomeMy WebLinkAboutbocc.res.134.2006 RESOLUTION OF THE BOARD OF COUNTY COMMlSSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE FIFIELD SUBDIVISION CONCEPTUAL SUBMlSSION, 1041 HAZARD REVIEW, SCENIC OVERLA Y/RIDGELlNE REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION Resolution No.l1'/-2006 RECITALS I. James and Betsy Fifield ("Applicant") have applied to the Board of County Commissioners ("BOCC") to subdivide the property into 2 lots: one containing the existing residence (Lot I) and a second undeveloped lot (Lot 2). The following approvals are requested and required: A. 1041 Hazard Review and Conceptual Submission to establish a building envelope on Lot 2 and to add access and landscape envelopes on Lot I; B. Conceptual Subdivision; C. GMQS Exemption and Special Review to establish Lot 2 as a TDR receiver site to accommodate up to 15,000 square feet of floor area. D. GMQS Exemption and Special Review for a caretaker dwelling unit on Lot 2. 2. The property is located at 350 Eagle Park Drive, off of West Buttermilk Road, and is surrounded by the Eagle Pines Subdivision. The property is referred to as "Pfister Meadows," and is more specifically described in Exhibit A. 3. The property is zoned AFR-l 0 and contains 26.8 acres. 4. The building envelope on Lot I was originally approved in 1990 and subsequently amended, with the second amended 1041 site plan recorded in Plat Book 31 at Page 83. The BOCC denied a request to exceed 15,000 square feet, pursuant to Resolution No. 93-129. The subject property is currently improved with a 15,000 square foot residence that was constructed in 1993. 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 Planning and Zoning Commission considered the application on July 18,2006, and recommended approval by a vote of 3-1. 7. The Board of County Commissioners considered this application at a duly noticed public hearing on October 11,2006, and at a regular meeting on October 25, 2006, at which times evidence and testimony were presented with respect to this application. 8. 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 BOCC that it does hereby approve the Fifield Subdivision Conceptual Submission, 1041 hazard review, scenic overlay/ridgeline review, special review and GMQS exemption, subject to the following conditions, which shall run with the land and be binding on all successors in interest. 1111111111111111 111111 531892 JANICE K VOS CAUDILL PITKIN COUNTY GO R 0.00 Page: 1 of 6 t2/06/2006 t2:56F o 0.00 Resolution No.lli-2006 Page 2 I. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. With the Detailed Submission/Final Plat application, the Applicant shall: A. IdentifY the existing large fir trees on the site plan/plat (location and diameter breast height) and include a note that these trees shall not be removed. B. Provide draft Protective Covenants. C. Submit will serve letters from utility companies. 3. Prior to building permit application for Lot 2, the Applicant shall submit executed Irrevocable Certificate(s) ofTDRs to allow up to 15,000 square feet of floor area on the lot and a copy of the deed evidencing conveyance of the Certificate to the Applicant (if applicable). The TDR for the initial development right of 5,750 square feet of floor area is restricted to preservation sites in the Fryingpan or Crystal Areas; the TDRs for additional floor area in excess of 5,750 and up to 15,000 square feet of floor area may come from any preservation sites in the County. 4. Prior to issuance of a building permit for the residence on Lot 2, the Applicant shall: A. Obtain a fireplace/wood stove permit from the Community Development Department, if applicable. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. C. Obtain a driveway/access permit, which shall be approved by the County Engineer and the Aspen Fire Marshal. D. Obtain an ISDS permit from the Environmental Health Department. The system must be designed by a registered professional engineer. shall be located within the building or development envelopes, and must comply with the setback requirements from surface and groundwater sources. E. Submit a precise engineer or geologist approved mitigation plan for any development on slopes in excess of 30% for review and approval by the Community Development Department and the County Engineer. The plan shall show the area of disturbed slope, any re-grading required and the exact size and location of all mitigation devices. F. If the residence exceeds 5,000 square feet, submit a Traffic and Parking Management Plan in accordance with the Asset Management Plan for review and approval by the County Engineer. G. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. H. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calculation of the payment shall be based on the number of residents and the land value at the time of payment. I. Pay the applicable road impact and housing impact fees. 5. Prior to commencement of construction, the Applicant shall pay a Heavy Vehicle Use Fee to the Buttermilk Metropolitan District. The Applicant shall also obtain permission from the District for any cutting of roads or utility extensions in the roads. 6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building and development envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence on Lot 2. 7. No development, including grading, excavation, fill placement. berming, landscaping, entry or ranch gates, construction parking and staging, vegetation removal or disturbance, or septic system, shall occur 1111111111111111 111111 f;~::~~;~ ~ 2 56F JI=lNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 'J- " Resolution No. 13~ -2006 Page 3 outside of the approved building and development envelopes, except to comply with the required wildfire mitigation, Utility and driveway extension and maintenance shall occur within approved building or development envelopes. 8, Only plant species listed in the Pitkin County Revegetation Guide (or species native to the site) shall be utilized to revegetate areas outside of the building envelopes that are disturbed by construction of access drives and installation of utilities, subject to a revegetation plan approved by the Land Management Department prior to issuance of a Certificate of Occupancy. 9, Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to adequate area for turning around of fire equipment, an approved fire sprinkler system and adequate water supply (minimum of 20,000 gallons or demonstration of proximity to an existing fire hydrant). II. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A, Native vegetation shall be maintained outside of the building and development envelopes. B. Provide waste storage that complies with the County Code regarding bear-proof containers. C. Avoid fruit-bearing trees and shrubs in any landscaping. D. Dogs shall be kenneled. E. All new fencing outside of the building or development envelopes shall comply with the County's standards for wildlife friendly fencing. 12. 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 ofa 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 not exceed 10 feet. 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 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. 13. The Applicant shall comply with the following 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 (IBC) Section 1505.2. Wood shake/shingle roof coverings are Page: 3 of 6 12/06/2006 12:56F JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 00.00 1111111111111111 1111 II 531892 ~ j Resolution No./lL-2006 Page 4 prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible 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 approved 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 '!. 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. /. Fuel tanks shall be installed underground with an approved container. 1. 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] 0 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 the driveway. 14. 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. 15. The Applicant shall comply with the County's Noxious Weed Management Plan. 16. The caretaker dwelling unit shall be limited to ] ,000 net livable square feet, which shall count towards the total allowable floor area. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of one off-street parking space shall be provided for the unit. The Applicant shall provide one off-street parking space for each bedroom in the caretaker unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 17. Prior to issuance of a building permit 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, 18, Housing and Community Development staff may inspect the caretaker dwelling unit prior to issuance of a Certificate of Occupancy. 1111111111111111111111 f;~::~~;~ ~2: 56F JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 1 Resolution No. 1)~-2006 Page 5 19. 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. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the JO'h day of September, 2006. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 11th day of October, 2006. APPROVED AND ADOPTED AFTER SECOND READING on the 25th day of October, 2006, PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the /7 tLday Of~, 2006. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORA~ "'~~ , Date Il- -!'". tJ6 APPROVED AS TO FORM: APPROVED AS TO CONTENT: -----, l ----' i3pAMf~ indy Houben, Community Development Director P062-06; PlD#27351 0200007 1111111111111111111111 ~;~::~:;~ ~2: 56F JI=lNICE K vos CRUDILL PITKIN COUNTY co R 0.00 00.00 ; cX~' /3't-'-t~(, EXHIBIT "A" Pfister Meadows, a parcel ofland located in Lots 3, 4. 9 and 2] of SectIOn 10, TownshIp 10 Soutb, Range 85 West of the Sixth Pnnclpal Mendian, in the County ofPitkm, State of Colorado, more fully described as follows: Beginning at a pomt whence the North 'I.; Comer of Section 10. Township 10 South, Range 85 West of the Sixth Principal Mendian, bears North 00'59'31" West a distance of 489,00 feet; thence South 00'59'31" West a distance of636.00 feet; thence South 3] '51 '08" West a distance of 603,62 feet; thence South 89'22'14" West a distance of 779.05 feet; thence North 00'05'21" East a distance of997,61 feet; thence North 32'13'05" East a distance of 165,00 feet; thence North 88'52'36" East a distance of 1019.24 feet to the Point of Beginning, Together WIth a non-exclusIve right to mgress and egress over the "West Butterrnilk Road" as established by documents of record. County ofPitlun, State of Colorado 11111111111111111111111 f;~::~~;~ ~2: 56F JANICE K vas CAUDILL PHION COUNTY CO R 0.00 0 0.00 Cc