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HomeMy WebLinkAboutbocc.res.147.2000 (IIIII 111111111111111111111111111IIIII III IIIII II 448384 08/24/200: 11.26A RESOLUTI DAyIS S!IIIII 1 of 8 R 0LVZ .00 D .00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,APPROVING THE SKYVIEW SUBDIVISION/PUD (aka URSCHEL PARCEL D)DETAILED SUBMISSION AND FINAL PLAT Resolution No.&7-2000 .RECITALS 1. Jack Guenther, Trustee, Under the Will of Charles F. Urschel,Jr. ("Applicant")has applied to the Board of County Commissioners of Pitkin County,Colorado("BOCC")to subdivide a20.452 acre parcel into five lots. 2. Said parcel is located on the west side of Maroon Creek, south of the Maroon Creek Club subdivision at the end of Tieback Road,and is more specifically described in Exhibit A. 3. The parcel is zoned AFR-2 and contains 20.452 acres. 4. Conceptual Submission approval was granted by the BOCC,pursuant to Resolution No. 94.128, which included subdivision of the property into 5 lots, 1041 hazard review and general submission approval for the proposed building envelopes,approval to construct a caretaker dwelling unit on each lot, and vesting in perpetuity. The parcel was rezoned to AFR 2 concurrent with the conceptual approval,pursuant to BOCC Ordinance No. 94-24. 5. The Planning and Zoning Commission reviewed the application at a regular meeting on May 2, 2000,and recommended denial by a vote of 3-2. 6. The BOCC heard this application at a duly noticed public hearing on July 12,2000,and at a regular meeting on July 26,2000,at which time evidence and testimony were presented with respect to the application. 7. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code and the Conceptual Submission approval granted pursuant to Resolution No. 94-128. ResolutionNo./57-2000 1111111111111111111111111111111111111111111111111111111 446364 08/24/2000 11:26A RESOLUTI DAVIS SILVI Page 2 2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the Skyview Subdivision/PUD Detailed Submission and Final Plat, subject to the following conditions,which shall run with the land and be binding on all successors in interest: 1. The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36 inches in size with a 1 1/2 inch margin on the left side and a 1/2 inch margin on the other sides, and drawn to scale which is not less than I inch= 100 feet. The Final Plat shall also be submitted in digital format acceptable to the Community Development Department for incorporation into the CIS system. 2. Prior to recordation of the Final Plat,the Applicant shall: A. Submit legal instruments to address the limitations on the Richmond Hill property and Parcel C as specified in Resolution No. 94-128 to the County Attorney for review and approval. B. Submit the amended Protective Covenants and the Subdivision Improvements Agreement for review and approval by the Community Development Department and the County Attorney. C. Provide certification from the County Treasurer's office that all ad valorem taxes alplicable to the parcel have been paid for all prior years. D. Obtain a final decree from the Water Court approving a water augmentation plan in the event municipal water is not obtained. 3. Concurrent with recordation of the Final Plat,the Applicant shall: A. Record the Protective Covenants and Subdivision Improvements Agreement. B. Record the deed restrictions on the Richmond Hill property and Parcel C. C. Record the amended access easement across Lot I of the Maroon Creek Club. 4. The Protective Covenants shall be amended as follows,prior to recordation,which shall also be subject to approval by the County Attorney for form and compliance with the development approval: A. Add the following to the provisions of Article III: I) At building permit submittal, each owner shall provide documentation that the residence will be protected from water flow that could result from breaching or overflow of the Willow Creek Ditch,whether by grading the site to divert any water away from the residence,culverting the ditch,or other means. 2) Require each lot owner to comply with the wildfire mitigation standards specified in conditions 6 and 7 below. 3) Prior to submission of any building permits,each lot owner shall provide a trip generation study if the free market residential structure exceeds 5,000 gross square feet, for review and approval by the County Engineer. This study shall be developed by a traffic engineering consultant hired by the applicant and pre- approved by the County Engineer. Resolution No.,�-2000 1111111111111111111111111111111111111111111111111111111111 Page 3 3 of 6 R 0.00 D 0.00 N 0.00 PITKINDAVIS COUNTYICOI B. Amend Article III,paragraph 4e to specify that the floor area of the caretaker dwelling unit not exceed 700 net livable square feet. C. Amend Article I1I, paragraph 5b to require approval by the County Engineer and Community Development Department to permit any utilities outside of the access road and driveways. D. Amend Article III,paragraph 6e to require each individual lot owner to obtain an access permit for their respective driveway,prior to submission of any bolding permit applications. E. Amend Article 111,paragraph 8 to include the requirement that each lot owner install construction fencing around the building envelope during construction to ensure that disturbance does not extend beyond the building envelope and does not impact the mature trees outside of the building envelope. F. Amend Article VII, paragraph 3 to specify the provisions of the Covenants that cannot be amended without approval of the County. G. Include a signature block for the BOCC chair. 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 around all structures. B. Mature conifers located outside of the building envelopes shall NOT be removed C. All branches from trees and brush(current and future)within the building envelopes shall be pruned to a height of 10 feet above the ground or half the total height of the plant, whichever is least. D. All deadfall within 100 feet of all structures shall be removed. E. Low vegetation or hardscape shall be maintained within a 10 foot perimeter around all structures. F. Future tree landscaping shall maintain a spacing of 10 feet between trees measured at the outside edge of the tree crown. To minimize wildfire hazard,owners shall utilize aspen clumps with scattered evergreens. 6. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall have a Class A,non-combustible roof system. Wood shake/shingle roof coverings and flat roofs(up to a 3:12 pitch)are prohibited in all wildfire hazard areas. 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 heightnot more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 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. Resolution No.,y�-z000 I IIIIII 111111111111111111100 1111111111111 III 111111111 IN LVI Page 4 4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 clearly visible at the primary point of access from the public or common access road and installed on a non-combustible post. 7. The Applicant shall comply with all material representations made in the application and in public meetings and hearings. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 1 St day of July,2000. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 12th day of July,2000. APPROVED AND ADOPTED AFTER SECOND READING on the 26th day of July,2000. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the I�day of Ru v 2000. Resolution No.M-2000 I IIIIII 11111111111111111111111111111111 III 11111 e 5 446364 08/24/2000 11.26A RESOLUTI DAVIS SILVI Pag S of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By--S/t4 Ccc I ATTEST Shellie Roy H er,Ch it Date Zy cv yncleelcan Oleck e BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy ouben, 7C 17 j cko County Alt�ey Community Development Director Case#P08-00 PID#273514200002 suzannew\pitkin\cases\subdiv\urschel\detailed reso 71" 446364 08/24/2000 11:26A IRES LUT I�IDAVIS r�=l VI 6 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A ;. L4� R A tract of land situated in the SW1/4NW1/4 of Sec. 14, T1OS, <- R85W of the 6th P.M. and more fully described as follows: This part of the SW1/4NW1/4 of Sec. 14, TIOS, . R85W of the 6th P.M., lying northerly and westerly of the Northwesterly bank of Maroon Creek. d i � i y