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Home My WebLink Aboutbocc.res.204.2000 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,DETERMINATION ON THE LASSIE,LLC REINSTATEMENT OF VESTED RIGHTS FINDING A TAKING Resolution No.&Y -2000 RECITALS 1. Lassie, LLC ("Applicant")has applied to the Pitkin County Board of County Commissioners (`BOCC"),to consider a reinstatement of vested real property rights pursuant to Section 4-140-030 of the Land Use Code. 2. The property is located in the Conundrum Creek area with access off of Conundrum Creek Trail. The property is more specifically described in Exhibit A. 3. The BOCC finds that development of the subject property is prohibited,pursuant to Section 3-80- 080(G)of the Land Use Code,which prohibits development within riparian habitat areas. The BOCC vcted unanimously to deny the application as evidenced by Resolution No. 053-2000, attached as Exhibit B. 4. Pursuant to Section 4-150 of the Land Use Code,the Applicant requested a hearing to determine whether the BOCC's denial of the application constit tes a taking of private property without just compensation. 5. The BOCC conducted its takings hearing on October 25,2000,at which time further evidence and testimony was presented concerning the taking. 6. The BOCC finds that the previous denial may constitute a taking,and desires to remedy the situation by extending vested rights to allow limited residential development subject to conditions. 7. The BOCC finds that the property is not appropriate for any use other than residential, and the BOCC does not wish to purchase the property. 8. The BOCC finds that this application proposes development in the best possible location,given the hazards identified on the property. The building envelope,as accepted by the BOCC, is illustrated in Exhibit C. 9. The BOCC determined that the proposed development meets the criteria established in Section 4 140-030 of the Land Use Code,considering also that there may be a taking that might require compensation if the Applicant's vested rights were not extended,and therefore found the extension of vested rights to be appropriate. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby rescind Resolution No. 053-2000. 1111111111111111111111111111111111111111111111111 IN IN 441201 21/28/2000 11:14A RESOLUTI DAVIS SILVI 1 of 11 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 2000 Page 2 BE IT FURTHER RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant an extension of vested property rights to the Lassie,LLC.property until October 25,2003, subject to the following conditions: 1. The conditions of this resolution replace all conditions of approval established in Resolution No. 96-245, Helda Administrative 1041 Hazard Review, and Waters 1041 Minor Hazard Review. 2. The Applicant shall adhere to all material representations made in the application and public meetings. 3. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The site plan shall also be submitted in a digital format for integration into the County Geographic Information System (GIS). 4. Wildfire mitigation shall be as follows: A. Defensible Space: 1. The area around all structures shall incorporate landscaping with wildfire defensible space considerations as follows(NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a. Brush,debris, and non-ornamental vegetation shall be removed within a minimum 10-15 foot perimeter around all structures. Vegetation in this area shall be at 6"or less(i.e. mowed grass, low-growing perennials). No vegetation taller than 6"shall be planted in this area. Any combination of mulch, hardscape(i.e. sidewalks, stones, etc.)may be utilized. b. For a distance of 40 feet around all structures the existing trees shall be thinned so that the spacing between the trees is a minimum of 10 feet measured at the outside edge of the tree crown. In addition, the lower limbs of these trees should be pruned off to a height of 10 feet or half the total height of the tree whichever is least. This will eliminate ladder fuels. c. All deadfall within 100 feet should be removed. d. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Structural Design and Construction Requirements: 1. Roof shall have a Class A, non-combustible roof system. Wood shake/shingle roof covering are prohibited in all wildfire hazard areas. Roofs with less than 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: I 1111111111111111111111111111111111111111111111111111 IN II'I 449201 11/28/2000 11:14A RESOLUTI DAVIS SILVI 2 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.g_-2000 Page 3 A. All roof coverings shall be non-combustible materials as defined in the Uniform Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly. B. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. C. All roof design shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited D. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. E. All roof designs, coverings,or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. All vents shall be screened with corrosive resistant wire mesh of one-quarter inch maximum. C. Maintenance: 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter,slash,and flammable debris. 3. All flammable materials(including firewood/wood piles)shall be stared on a parallel contour a minimum of 15 feet away from any structure. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from all structures. D. Miscellaneous: l. Swimming pools shall be accessible by the Fire Departmerts. 2. Fences shall be kept clear of brush and debris. 3. Wood fences shall not be connected to the structure. 4. Fuel tanks shall be installed underground with an approved container. 5. Each structure shall have a minimum of one 10 lb.ABC fire extinguisher. 6. Addresses shall be clearly marked and visible with minimum 2"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. Any outbuildings or additional buildings shall adhere to the same standards as structures. E. Utilities: 1. Utility lines shall be buried. ( IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII (III 449201 11/28/2000 11:14A RESOLUTI DAVIS SILVI 3 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. -2000 Page 4 5. No development, including grading, septic systems, wells, landscaping(including berming)and vegetation removal or disturbance shall occur outside of the designated building envelope or access envelope, except for necessary implementation of wildfire mitigation measures required elsewhere in this document. 6. All areas disturbed by construction shall be revegetated with native shrubs and grasses b limit water consumption and additional runoff within one growing season of project completion. 7. A construction fence shall be installed around the perimeter of the building envelope so as to not disturb the riparian habitat outside of the building envelope. This fence shall remain in place until a Certificate of Occupancy has been obtained. 8. A fireplace/woodstove application must be filed and approved by the Environmental Health Department prior to the submittal of any building permit applications(if necessary). 9. Prior to the submittal of any building permit applications,the Applicant shall obtain a septic permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved building envelope. 10. Prior to the submittal of any building permit applications, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. The well site shall be located within the approved building envelope. 11. Prior to the submittal of any building permit applications, the Applicant shall obtain an Access/Driveway Development permit for review and approval by the County Engineer. The driveway shall comply with County standards at the time of issuance of the permit. 12. The Applicant shall comply with all codes and requirements of the Aspen Fire ProtectionDistrict. 13. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval,prior to the submittal for any building permits. 14. Development of 30 inches above or below grade within the required setback requires approval of a variance by the Board of Adjustment. 15. The Applicant shall comply with the following conditions in order to mitigate wildlife impacts: A. Dogs shall kenneled. The kennel shall be constructed prior to Certificate of Occupancy. B. All trash/garbage shall be contained in approved bear proof garbage containers. Prior to Certificate of Occupancy,the installation of the containers shall be verified. C. Fencing outside of the building envelope shall comply with the Pitkin County Fencing Guidelines at the time of building permit. D. Livestock shall be prohibited from the site. 11111111111111111111111111111 "II 'II"I III "III 'I'I I"I 449201 11/28/2000 11:14A RESOLUTI DAVIS SILVI 4 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. &Qq -2000 Page S E. Alterations of the riparian habitat shall be mitigated by replacement or enhancement on the site, within the same drainage basin identified by the watershed of the lov"est order perennial stream encompassing the site,or as approved by the County Wildlife Biologist on a minimum 1:1 ratio with equivalent or better ecological and hydrological functions. Prior to the issuance of any building permit applications,a riparian mitigation plan shall be submitted to the County Wildlife Biologist for review and approval. 16. Lighting shall comply with the Pitkin County lighting standards at the time of installation. 17. All development must comply with the provisions of the Pitkn County's Noxious Weed Management Plan. 18. Floor area shall be limited to 5,750 square feet exempt from growth management. Floor area shall be calculated based on the definition in effect at the time of building permit submittal. 19. Pursuant to Ordinance No. 022-2000,the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. 20. For any free market residential structure of 5,000 gross square feet or greater,the Applicants shall comply with Section 4.01.01(B)of the Pitkin County Road Management and Maintenance Plan,which requires the Applicants to provide construction trip and residential trip generation studies. The Applicants shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 21. 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 October 25, 2003. I I"III I'III 'IIII' I"'II II'II "II 'II'II 1111 IN 449201 11/28/2000 11:14A RESOLUTI DAVIS SILVI 5 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. -2000 Page 6 APPROVED AND ADOPTED ON THE 25TH DAY OF OCTOBER 2000. VESTED RIGHTED NOTICE PUBLISHED ON THE 1I�DAY OF�� 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO yn e R.Dean Shell Roy Harper Clerk to the Board Chair Date: I I 2 •py APPROVED AS TO FORM: APPROVED AS TO CONTENT: John El —" � Y Ci yfiot4ben ttl z�oz Cou orney Community Development Director Case#P101-99 291102300018 11111 IN 111111111111111 IN 449201 11/28/2000 11:14A RESOLUTI DAVIS SIL III 6 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO E.'(HIBIT 0-'o THAT PORTION OF H.E.S. No. 112 SITUATED IN TOWNSHIPS 10 AND I I SOUTH, RANGE 85 WEST OF THE SIlX H PRINCIPAL PCRIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF COUNTY ROAD WHENCE CORNER NO. 3 OF SAID H.E.S. NO. 112 BEARS NORM 75°43'30" 438.52 FEET; THENCE SCUM 28*27' WEST 19.27 FEET ALONG CENTER OF CCMTY ROAD; THENCE SCUM 69046' WEST 156.85 FEET ALONG CENTER OF COUMY RQT; THENCE SOUTH 80023, WEST 1 15.13 FEET ALONG CENTER OF COUNTTY ROAD; THENCE N>t71:IH 25°21 ' WEST 292.30 FEET TO THE CENTER OF CONUNDRUM CREEK; THENCE NORTH 28030' EAST 41.25 FEET ALONG CENTER OF CONUNDRUM CREEK; '[HENCE NORTH 62039' EAST 184.43 FE,:T A[ONG CEM ER OF CONUNDR12,1 CREEK; THENCE NORTH 24°0' EAST 26.67 FEET ALONG CENTER OF CONUNIDRU I CREEK; 'THENCE SOUTH 32010' EAST 376.98 FEET TO THE POINT OF BEGINNTNIG. COUNTY OF PITKIN, STATE OF COLORADO Mill "III 11111111111111111 IN 111111111 Hill 1111 IN 449201 11/28/2000 11:14A RESOLUTI DAVIS SILVI 7 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO t t tt► � ut ttt t �ill IiII101LI III t tt t tt _ �Dy"Z�U 44 I ( � �t 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO,DENYING THE REINSTATEMENT OF VESTED RIGHTS TO LASSIE, LLC Resolution No.053 -2000 RECITALS 1. Lassie, LI_C ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC"), to consider an extension of vested real property rights pursuant to Section 4-140.30 of the [.and Use Code. The application is technically a request to reinstate the vested rights of the .applicant, as such rights expired on August 28, 1999. 2. The property is located in the Conundrum Creek area with access off of Conundrum Creek Trail. The property is more specifically described in Exhibit A. 3. The property has received the following approvals: ■ Administrative 1041 Minor Hazard Review approved on January 18, 1990 (Waters). Site plan recorded in Book 23 of Page 82. ■ 1041 Administrative Hazard Review(Helda Enterprises)approval granted by the County Planning Director on July 21, 1993. Site plan recorded in Book 35 of Page 45. ■ Extension of Vested Rights granted pursuant to BOCC Resolution No. 96-245. 4. The BOCC heard this application at its regularly scheduled meeting on February 23, 1000 at which time evidence and testimony were presented with respect to the application. 5. The BOCC finds that the parcel is encumbered by riparian habitat as determined by a report prepared by NatureTech Consultant Services Corp. and verified by the County Wildlife Biologist. 6. The BOCC finds that development of the subject property is prohibited,pursuant to Section 3-80- 070(G)of the Pitkin County Land Use Code, which prohibits development in areas identified as containing Riparian Habitat. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Farver(Lassie,LLC)Reinstatement of Vested Rights. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TEVIES ON THE 7TH DAY OF AUGUST, 1999. DENIED ON THE 23RD DAY OF FEBRUARY 2000 111111111 IN 449201 11/28/2000 11:14A RESOLUTI DAVIS SILVI 8 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.653 -2000 Page 2 R : go /- z ood ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO z. -7 ,`.--;- Y y ee R. Dean Shellie Roy Harp — Clerk to the Board Chair Date: ` '/l Cc APPROVED AS TO FORM: APPROVED AS r0 CONTENT: John Ely, Ci dy Houben, Co � orney Community Development Director Case #P 101-99 291102300018 cammiovisiaa IIIIII i1111 IIIIII IIIII till IIIIIIIIIIIIIII HE 111111111111 IN 442393 04/17/20M 03:50P RESOLUTI DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO I IIIIII IIIII IIIII'IIIIII IIII 449201 11/28/2000 11:14I IIII IIIIII III IIIII I IIII 9 of 11 R 0.00 D 0.00 N COUNTYLVI R ; pS3 —zG1fD EXHIBIT "A" 1 20 Y—2°c - THAT PORTION OF H.E.S. NA. 112 SITUATED IN TOWNSHIPS 10 AND I I SOUTH, RANKS 85 WEST OF THE SIXTH PRINCIPAL NE-RIDLAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF CCUNTY ROAD WHENCE CORNER NO. 3 OF SAID H.E.S. NO. 112 BEARS NORTH 75043'30" 438.52 FEET; THENCE SOUTH 28027' WEST 19.27 FEET ALONG CENTER OF COUNTY ROAD; THENCE SOUTH 69.46' WEST 156.85 FEET ALONG CENTER OF COUMY ROAD; THENCE SOUTH 80*23' WEST 115.13 FEET ALONG CENIER OF COUNTY ROM; THENCE NORTH 25°21 ' WEST 292.30 FEET TO IHE CENTER OF CONUNDRUM CREEK; THENCE NORTH 28030' EAST 41.25 FEET ALONG CENTER OF CONUNDRUM CREEK; THENCE NORTH 62039' EAST 184.43 FEET ALONG CENTER OF CONUNDRLIl CREEK; THENCE NORTH 24"0' EAST 26.67 FEET ALONG CENTER OF CONUNDRUM CREEK; 11ENCE SOUTH 32010' EAST 376.98 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO Iillll !IIII !!IIII IIII! 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