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HomeMy WebLinkAboutbocc.res.161.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING CONCEPTUAL SUBDIVISION, 1041 HAZARD REVIEW, GMQS EXEMPTION AND SPECIAL REVIEW TO UTILIZE TDRS APPROVAL FOR THE TRENT AZ LLC SUBDIVISON Resolution No.I!d--2006 RECITALS 1. Trentaz LLC ("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 TORs approval for a new subdivision. 2. The property is zoned AFR-l 0 and contains approximately 21.5 acres. 3. The property is located off of Trentaz Drive and is more specifically described in Exhibit A. 4. The Planning and Zoning Commission heard this application at their regularly scheduled public meeting on September 5, 2006, at which time they recommended approval by a vote ofJ-O. 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 December 6, 2006, at which time evidence and testimony were presented with respect to this application. 2"' Reading was heard at a Public Meeting on December 20, 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 TORs approval for the Trentaz LLC Subdivision 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 conditions and material representations made in the application and public meetings except as amended herein. 2. With the Detailed Submission/Final Plat application, the Applicant shall: A. Provide a draft Improvements Agreement that includes provisions that both residences be subjected to architectural and landscaping controls to limit the scenic impacts of the development. B. Provide a hydrological/geologic analysis to determine the full possibility of debris flow and flooding for the proposed building envelopes. Additionally, the report should address the need for mitigation from Gavin Gulch on the subject property and the neighboring property and recommend mitigation measures as necessary, as well as a seismological study addressing the Castle Creek Fault potential for the parcel. . C. Provide a report by a certified engineer regarding the location, size, and final grading plan for the proposed 100,000 gallon water supply. The Applicant shall provide a revegetation plan for the water tank disturbance area, 1111111111111111 111111 :~~;~~:;1 ~2 54 JANICE K vas CAUDILL PITKIN COUNTY co R 0.00 C 0.00 Resolution NoJ~1 -2006 Page 2 D. Provide specific comments from the Aspen Fire Protection District regarding the 100,000 gallon water supply as it relates to firefighting. E. Provide written approval from White Horse Springs to allow for inclusion into their community water system. F. Provide written approval from the Colorado Department of Public Health and Environment Water Quality Control Division stating that the changes made to White Horse Springs community water system are permitted under the existing permit, or obtain a new permit. G. Provide a site plan for each envelope that shows the envelopes can be built with residences of 8,250 sq. ft. (Lot I) and 10,750 sq. ft. (Lot 2). Include fire turnarounds, septic systems, etc. Height poles shall be placed on each Lot for viewing prior to Detailed Submission. H. Provide a drainage and erosion control plan that addresses, among other things, the need to either obtain a 404 permit from the Army Corps, or provide evidence that the permit is not needed. I. Provide an agreement between the Starwood Metro District, and the Applicant regarding road fees for Trentaz Drive. J. Provide clarity regarding the Wildfire Expert's report for vegetation removal "downhill" from the building envelope on Lot 1 as it relates to vegetation removal for defensible space, and the desire to maintain existing vegetation for screening purposes. 3. Prior to commencement of any earthmoving or construction activity on each lot, the Applicant shall stake the comers ofthe 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. 4. 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 and associated grading may occur within the landscape/development envelopes and shall not constitute development. 5. The Applicant shall comply with the lighting standards in Section 3-110-110 of the Land Use Code. 6. 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 healthy, mature scrub oak within the landscape envelope on the west end of the Lot I building envelope shall not be removed, except as required for wildfire mitigation. In the event the wildfire mitigation requires that the scrub oak be removed, the Applicant shall be required to mitigate the visual impacts of the vegetation removal with approved landscaping. C. Install and use approved bear-proof trash containers as required by the County. Compliance with the condition shall be verified by Community Development prior to issuance of a certificate of occupancy. D. A void fruit-bearing trees and shrubs in any landscaping. E. Dogs shall be kenneled. F. 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 111111111111I111 111111 :~~;~~:;1 ~ 2: 54 JANICE K vas CRUDILL PITKIN COUNTY CO R 0.00 0 0.00 Resolution No.lt I -2006 Page 3 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. G. 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. 7. 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 lO-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. Aspen trees may remain. 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 not be more than 10-15 feet in diameter. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 40-foot perimeter shall be pruned to a height of 10 feet (6') above the ground and ladder fuels from around trees and brush shall be removed (as long as pruning does not exceed 60% of the total height of the vegetation). E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. G. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. H. All thinned snowberry, serviceberry or chokecherry stumps must be painted with Garlon, (or equivalent) herbicide to prevent aggressive re-sprouting. I. No coniferous vegetation shall be planted within 20 feet ofthe residences. 1. All deadfall within the 50-foot perimeter shall be removed. K. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 8. 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 (lBC) 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. Structural Design and Construction Standards for Lots 1 and 2: 11111111111111111111 II :~~;~~:;1 ~2: 54 JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.lfl -2006 Page 4 1) For projections below the roofline (including, but not limited to: exterior balconies, decks, porches, and bay windows which extend over a flat or sloped surface), the open space between grade and the underside of projections below the roofline shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for one-hour fire-resistive construction on the exterior side of the wall, and shall extend from the top of grade to the underside of the floor decking or walls of the projection, OR: 2) Any porch or deck or projection shall be void of vegetation below it, and areas below such projections shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for ome-hour fire-resistive construction on the exterior side of the wall. 3) Foundations skirting and crawl space openings shall be fully enclosed and constructed with materials approved for one-hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. 4) Stilt foundations shall be fully enclosed and constructed with materials approved for one-hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls (not including porches, patios, etc.). C. Additional Structural Design and Construction Standards for Lot 1: I) Projections at roofline (which includes, but are not limited to: eaves, cornices, soffits, and roofs over open decks) shall be sheathed with materials approved for one-hour fire-resistive construction on the western side of any buildings. 2) Windows of the residence shall be tempered glass on the southern, northern and western sides due to proximity offuels. Doors shall be non-combustible, or I %" solid wood, and any glass shall be tempered. 3) Exterior walls and siding shall have a minimum one-hour fire-resistive rating. D. Roofs and gutters shall be kept clear of debris. E. Vents shall be screened with corrosive resistant wire mesh with mesh v.. inch maximum. F. Yards shall be kept clear of all litter, slash, and flammable debris. G. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. H. Swimming pools or ponds shall be accessible to Fire Department vehicles. \. Fences shall be kept clear of brush and debris. 1. Wood fences shall not connect to the structure. K. Fuel tanks shall be installed underground with an approved container. L. 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. M. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. N. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. O. New utility lines shall be buried within roadways or driveways. 9. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit 1111111111111111 111111 533644 JANICE K VOS CAUDILL PITKIN COUNTY CO F'age: 4 of 7 01/23/2007 12:54 R 0.00 D 0.00 Resolution No/if -2006 Page 5 water consumption and additional runoff within one growing season of the project's completion. 10. The Applicant shall comply with the County's Noxious Weed Management Plan. 11. Prior to the issuance of any building permits for the each lot, the Applicant shall pay the applicable road and housing impact fees. 12. 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. 13. 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. 14. 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 Aspen School District. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. 15. 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. 16. 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. 17. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TORs. 18. Prior to building permit application for a new residence on Lot 1, the Applicant shall submit one executed Irrevocable Certificate of TORs to allow up to 5,750 square feet of floor area on Lot 1 exempt from growth management, and a copy of the deed evidencing conveyance of the Certificate to the Applicant (if applicable). The Applicant may also compete in growth management for a new development right for either parcel rather than utilizing a TOR. 19. At building permit application, the Applicant shall surrender Certificates ofTDR(s) and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop more than 5,750 and up to a maximum of 8,250 square feet of floor area on Lot 1, and 10,750 square feet on Lot 2. 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. The Applicant shall comply with the requirements of the Aspen Fire Protection District. 1111111111111111111111 :~~;~~:;1 ~2: 54 JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution No./6/ -2006 Page 6 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 5th DAY OF November 2006. INTRODUCED ON FffiST READING AT A PUBLIC HEARING on the 6th day of December, 2006. APPROVED AND ADOPTED ON SECOND READING on the 20th day of December, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ::P~;;;;;l1J1;iV~ Chair MtC:t(;feL- M. OWStUj Date /- '3- cJ7 APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~~- ~- ::-~~ ------- ~.#-~--~ John Ely, ---: ;:':'OVlC" CQ..)~ &v({-f Cindy Houben, Community Development Director County Attorney PID# 264335200007 P115-06 111111111111I111111111 :~~;~~:;1 ~2: 541 J~NICE K VOS CRUDILL PITKIN COUNTY CO R 0,00 0 0.00 "":'r)/'A(,.:.-J{j-J!'(l0 ..' c c.""~--~Pt:'rtte.-I'9*' " ~~----- - >< LEGAL DESCRIPTK>N , I I r L r , \ i I I, . .l ....,_,_~,.,-;..'..,_:,~...,,-i_,,:,;.~:y,:.~ A ~T OF LAND 3 [lUAIEDiN ll-lE t-mH ONE" HAlf OF ~fCTlQt--..l .35 / 1O~::?H1 f' 4 5CVT1-I/ 'RANGE: EO WE:'JT OF THE <::JIXT~ mt---1CJf~AL MEf::1 PLAljt.., PITKIN COJNTY; -COLOf';A.W I BEl ~ ~ FULLY ut.~RIBt:D A:::;J FOLLOW'::) · " DEbINNING AT A fOlNT ON ll--1E :x:urHE:f"LY ecxJND~ liNE OF ::51~WCOD TEN <;)UI?DIV10I<:J1"-l WHEN:.E: lHE CO~E~ COMMON 10 SECTION":? 2Cof 27; 34 AND :)5 BE.Af2."'J ~TH 5LIc 31 k24" WE:>T 1.475.EJ5 FEETj IHEt-tE. ~ CoI4.7'?;> fEET ALONS THE . :::cuT1-1WESTERLY ~PARY LINE OF ~TAjE:.WCOP fO.)f':. :::UeDIV\5Io---.l A":J RECQN)W IN BCOK ~ f'A0E ?4 IN THE f':.E~ OF f'ITKIN CCUNTY' Tl---lE:N:f:. x:un-r 5/c2f)'CO" EA.::>T 41Lj.I? 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