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HomeMy WebLinkAboutbocc.res.140.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR THE TRIGAR INVESTMENTS LP PROPERTY (LOT 1, BLOCK 4, KNOLL WOOD SUBDIVISION) Resolution No.!1'Z!-2006 RECITALS 1. Trigar Investments LP ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") to obtain 104 I hazard review and scenic overlay approval to designate building and development envelopes for a single family residence. 2. The Applicant has also requested subdivision exemption approval for a minor plat amendment to add an easement for an emergency vehicle turnaround on Lot I for the benefit of Lots 2 and 3; and to reduce the width of the utility easement on the west side of Lot I from IS' to 10'. 3. The lot is located on the south side of Highway 82 between the highway and the Roaring Fork River, and is legally described as Lot I, Block 4, Knollwood Subdivision. 4. The lot is zoned R-15, is located within the Urban Growth Boundary, and contains 16,670 square feet. 5. The lot was created in 1963 as part of the Knollwood Subdivision, which was approved by the County (Plat Book 1, Page 286). The lot is exempt from growth management and has not merged. 6. The Hearing Officer denied the application at a duly noticed public hearing on October 17,2006, pursuant to Determination No. 46-2006. The Hearing Officer found that that the building envelope and the access envelope to accommodate the emergency vehicle turnaround above the Salvation Ditch contain slopes in excess of 30% and 45%, and that the encroachments onto slopes in excess of 30% are prohibited by Sec. 3-80-50(C) of the Land Use Code ("Code"). 7. The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code on October 17,2006 to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. 8. The BOCC considered the takings request at a regular meeting on November 15, 2006, at which time further evidence and testimony were presented with respect to the taking. 9. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code, based on the following findings: A. The proposed development cannot avoid slopes in excess of 30%; B. The proposed building envelope is the best possible location on the property for development; and C. The denial constitutes a taking of all reasonable use and economic return from the subject property. 10. The BOCC considered the remediation at a regular meeting on December 6, 2006, at which time the conditions of approval were accepted. 1111111111111111 111111 ~;~~~~~;~ ~ I : 41 JANICE K vas CFlUDILL PITKIN COUNTY CO R 0.00 0 0.00 Resolution No. No -2006 Page 2 NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Trigar Investments LP 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review and Subdivision Exemption for a Minor Plat Amendment constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. 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. Prior to submission of any future building or other development permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the building and development envelopes, and an Amended Plat in accordance with Land Use Code Section 5-40. The above referenced approvals shall be a condition precedent to finalization and recordation. The mylar copy of the site plan and plat must be signed by the owner prior to submittal for recording. The site plan and plat shall be amended as follows prior to recordation: A. The Community Development Director signature block shall be revised for the BOCC. B. Delineate a separate "access, utility and turn around envelope" and a separate "landscape envelope" in the area above (north) of the new driveway. C. Include the correct lot size for the lot; a surveyor shall resolve the discrepancy in the lot size prior to submission for recordation. D. Include the lot area calculations for the lot, with the appropriate deductions for the area below the high water line of the Roaring Fork River and the area within the access easement. 2. Prior to submission of any building or other development permits, the Applicant shall: A. Obtain approval ofa Water Service Agreement from the Aspen City Council. If the City Council denies a request for a water service agreement, the Applicant may install a well on the lot, pursuant to an approved well permit from the State Division of Water Resources. The Applicant shall adhere to any limitations imposed by the well permit on outside water usage. B. Obtain approval of a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. C. Conduct a subsurface investigation to define groundwater levels. 3. Prior to issuance of any building permit applications, the Applicant shall: A. Obtain an access/driveway permit for the driveway, which shall be approved by the Planning Engineer, Community Development Director and the Aspen Fire Marshal. The Applicant shall submit a copy of the CDOT access pennit and written approval from CDOT to open the access once CDOT confirms that the access complies with the required site distance as described in the 11111111111111111 111111 ~~~~~~;~ ~ I : 41 JANICE K VOS CRUDILL PITKIN COUNTY co R 0.00 D 0.00 , .j"- Resolution No./J{.-2006 Page 3 State Highway Access Code. The Applicant shall also provide a final approval from the Salvation Ditch Company to pipe the ditch and construct the driveway above the ditch. The access/driveway plan for Lot I must be coordinated with and compliment the access driveway/plan on Lots 2 and 3. B. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. D. Pay the applicable road and employee housing impact fees. E. Pay the applicable fees to the City of Aspen Water Department and the Aspen Consolidated Sanitation District to obtain water and sewer service, if required. F. Submit a final landscaping plan for review and approval by the Community Development Department. The final plan shall be substantially consistent (at a minimum) with the conceptual landscape plans dated 3/8/06. G. Submit a precise engineer or geologist approved mitigation plan for any development on slopes in excess ofJO% for review and approval by the Community Development Department and the Planning Engineer. The plan shall show the area of disturbed slope, any re-grading required and the exact size and location of all mitigation devices. 4. 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. 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 not exceed 10 feet. 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 30 foot perimeters 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. The density of fuels within a 100 foot perimeter of the structure shall be reduced. G. All deadfall within the 100 foot perimeter shall be removed. H. Low vegetation shall be maintained within a 10 foot perimeter around all structures. I. 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 be constructed with a Class A roof covering or a Class A assembly. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: ]) 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 rootline, such as parapets, shall be prohibited. 1111111111111111 1111 II ~~~~~~;~ ~ I : 41 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 0,00 00.00 .~ Resolution No.llffJ-2006 Pag~.f 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 '/4 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 the 10 foot perimeter 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 is feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. 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 NFPA 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 visible and installed on a non-combustible post. P. New utility lines shall be buried within the building or access/landscape/utility envelopes. 6. The Applicant shall comply with the following to mitigate ecological impacts: A. Install and use an approved bear-proof trash container. B. Native vegetation shall be maintained outside of the building and access/landscape/utility envelopes. C. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. 7. All areas disturbed by construction shall be revegetated within one growing season ofthe project's completion. 8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building and access/utility/landscape envelopes. Silt fencing shall be installed along the southern boundary of the building envelope. The fencing shall remain in place until issuance ofa certificate of occupancy. 9. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access and adequate turnaround area, fire sprinkler systems and water supply. 10. Lighting shall comply with the Pitkin County lighting standards in effect at the time of installation. 11111111111111111111111 ~~~~~~;~ ~ I: 41 J~NJCE K VQS CRUDILL PITKIN COUNTY CO R 0.00 0 0.00 1/ Resolution No. tlQ -2006 Page 5 II. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, shall occur outside of the approved building and access/landscape/utility envelopes. Construction staging, parking, utility and driveway extension and maintenance shall occur within the approved envelopes. 12. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property. 13. 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 December 6, 2009. APPROVED AND ADOPTED on the 6th day of December, 2006. /lJ2'jND PAoptt1r J1,,J-/U.s lLo"tll!'iC Pi''1J~15 H to IJc 'f~~ 11'51(;1 1Imfs 6k "",Ivf H v;tp. 7 l'i/ :'),n ? BOARD OF COUNTY COMMISSIONERS, W{"f.J/J1 PITKIN COUNTY, COLORADO By tK&;:~~,~~ A PROVED AS TO CONTENT: APPROVED AS TO FORM: r1 ~lU &welt: Cindy tlouben Community Development Director P069-06 PID #273718401003 532818 Page: 5 of 5 o 0.00 -5 .