HomeMy WebLinkAboutbocc.res.017.2008RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE LEDDY-COOPER SUBDIVISION CONCEPTUAL
SUBMISSION AND ACTIVITY ENVELOPE REVIEW
Resolation No. ~f ~ -200$
RECITALS
1. Thomas Leddy & Leslie Cooper ("Applicant") have applied to the Board of County Commissioners of
Pitkin County, Colorado ("BOCC") to request conceptual subdivision approval to subdivide the
property into two lots and to establish an Activity Envelope on the new lot.
2. The property is located at 704 Spruce Street, and is legally described as Lot ], Smuggler Subdivision.
3. The lot is zoned R-30 and contains 2.12 acres, and is located within the Urban Growth Boundary.
4. The BOCC granted a growth management allotment of 9,350 square feet of floor area for a single
family residence on the newly subdivided lot, pursuant to Resolution No. 006-2008.
5. The Pitkin County Planning and Zoning Commission considered the praposed application at a regularly
scheduled meeting on December 1 l, 2007, and recommended approval by a vote of 4-0.
6. The BOCC considered the proposed application at a duly noticed public hearing on February 13 and a
regular meeting on February 27, 2008.
The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the
Leddy-Cooper Subdivision Conceptua] Submission and Activity Envelope, subject to the following
conditions, which shall run with the land and be binding on all successors in interest:
1. The Applicants shall adhere to all material representations made during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
2. With the Detailed Submission/Final Plat application, the Applicant shall:
A. Provide a draft Improvements Agreement.
B. Submit will serve letters from utility companies. RECEPTIO(~#: 547077, 03/05/2008 at
09:43:24 AM,
3. The following shall be delineated on the Final Plat: '~ o~ ~. ~~~~~d Doc Gade RESOLUTION
Janice f{.'~~s Cauditt, Pi#k6n County, CO
A. An easement for the City of Aspen water main.
B. An access easement across Lot 1 to benefit Lot 2.
4. Concurrent with recordation of the Final Plat and prior to submission of the Site Plan Review
application for Lot 2, the Applicant shall record an Activity Envelope Plan in accordance with Land
Use Code Section 2-30-20(g) and Application Manual Section 2.I.1. The Activity Envelope P1an shall
first be submitted for approval by the County Attorney and Community Devetopment. The above
referenced approvals shall be a condition precedent to finalization and recordation. If the site plan
Resolution No.~-2008
Page 2
review application is submitted with the Subdivision Detailed Submission/Final Plat application,
then the Site Plan and Activity Envelope Plan shall be recorded concurrent with the Final Plat.
5. Prior to submission of any building or other development permit applications for Lot 2, the Applicant
shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-
20 and 7-10-50 of the Code.
6. Prior to submission of any building or other development permit applications for Lot 1, the Applicant
shall be required to submit for approval an application for Activity Envelope and Site Plan Review,
pursuant to Secs. 2-30-20 and 7-10-50 ofthe Code.
7. Prior to issuance of a building permit for the residence on Lot 2, the Applicant shalL•
A. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer and
the Community Development Department.
B. Obtain a fireplace/woodstove permit from the Community Development Department, if
necessary.
C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist for review and approval by the Planning Engineer. This plan shall include the drainage
improvements along Spruce Street that were committed to in the growth management application.
D. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District.
E. Pay the applicable road and employee housing impact fees.
F. Submit a construction management plan for review and approval by the Planning Engineer.
G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree
mitigation plan.
H. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the
payment sllall be based on the regulations in effect at the time of building permit issuance.
I. 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 regulations in effect at the time of building permit
issuance.
8. The Applicant shall comply with the following standards for Development in a Moderate Wildfire
Hazard Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, 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):
1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot
(10') perimeter around all structures.
2) All branches from trees and brush within 30 feet of all structures (or to the property line)
shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels
from around trees and brush.
3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may
touch and interconnect, as long as ladder fuels have been removed from beneath trees.
4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least
10' from the house.
Resolution No.~~ / -2008
Page 3
5) Up to 5 evergreen trees are allowed within 30' of all structures, but should be limbed to 10'
and shall not have any flammable fuels underneath the trees. These trees shall be separated
by at least 20', unless clumped together (no more than 3 trEes in a clump) in which case fhe
clump shall be separated by at least 30' from another clump or individual tree.
6) No trees shall be within 15' of any window.
7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15) feet of chimneys shall be removed.
8) All deadfalt up to a one hundred (100) foot perimeter or the property line shall be removed.
9) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shatt be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shali facilitate the natural process of clearing roof
debris.
3) 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
pitch of 1:48.
S) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Roof Venting:
1) Soffit venting shall be located in the outer 1/3`d portion of the overhang.
2) Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum '/4"
open~ngs.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
Sheath with non-combustible materials, or cCombustible materials underlain with 5/8" Type X
gypboard or equal, or minimum 4x6 rafters with 2x T&G decking.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum 6x6
posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction.
F. Maintenance and Miscellaneous Requirements
I) Roofs and gutters shatl be kept clear of debris.
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/4)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure,
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (I S) feet
Resolution No.~~-2008
Page 4
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
11) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire-resistive construction on the exterior side of the
walls.
13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non-combustible post.
15) Utilities shall be extended underground.
9. The Applicant shall comply with the applicable codes and requirements ofthe Aspen Fire Protection
District, including but not limited to access, turning around of fire apparatus, and installation of an
approved fire sprinkler system. On-site water supply for fire fighting is not required as there is a
hydrant adjacent to the driveway on Spruce Street.
10. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
11. No development including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved activity envelope,
except as necessary to comply with the wildfire mitigation measures described above.
12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
14. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
Resolution Na~~-2008
Page 5
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 20'~' day of
January, 2008.
2008.
2008.
2008.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 13`h day of February,
APPROVED AND ADOPTED AFTER SECOND READING on the 27th day of February,
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the ~ day of ~~,
T:
Jones, Clerk tj~ the BOCC
APPROVED AS TO CONTENT:
~(/l.t~/~.~.e. ~ C'i~
Cindy Houben
Community Development Director
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
,~ ~ ~ ~ ..~J ,/
gy C ~~~. /
~ J k Hatfield, Cha' ~;m A ti'
~ ~:
APPROVED AS TO FORM:
J y
C ttorney
P135-07
PID 273707102001
COVENANT IN ASSOCIATION WITH
THE PITI~N COUNTY 2007 URBAN GROWTH BOUNDARY
RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM NEW LO~
ALLOTMENT AWARDED TO LOT 2, LEDDY-COOPER SUBDIVISION
r~, Jw/
THIS COVENANT is made this ~~~ day of~2009, by Thomas A. Leddy and Leslie
T. Cooper (hereinafter "the Owners"), whose address is 704 Spruce Sh~eet, Aspen, CO 81611 for
the benefit of the Pitkin County, Colorado (the "County").
RECITALS:
WI~REAS, the Owners own that certain real property legally described as Lot 1,
Smuggler Subdivision, Pitkin County,~ Colorado, according to the map filed in the office of the
Pitkin County Clerk and Recorder in Plat Book 4 at Page 286 (hereinafter the "Propert~~; and
Wi~REAS, pursuant to Pitkin County Board of County Commissioners (hereinafter the
"BOCC") Resolution No. Q17-2008 (Reception No. 547077), the Owners received Conceptual
Subdivision approval to subdivide the Property into Lots 1 and 2 of the Leddy-Cooper Subdivision;
and
WHEREAS, on September 4, 2007, an application (hereinal~er the "Application") was
submitted for a Growth Management Quota System (GMQS) allotrnent of 9,350 square fe~t of floor
area for a single family residence and customary accessory structures on Lot 2 of the Leddy-Cooper
Subdivision (l~reinafter "Lot 2'~ through the 2007 Urban Grrowth Baundary Residential GMQS
scoring and competition procedures for new lots and parcels; and
WHEREAS, the Planning and Zoning Commission of Pitkin County ("the Commission")
awarded a score of 20 points to the application, which exceeded the minimum threshold total score
as well as the minimum threshold score for each scoring category; and
WHEREAS, the BOCC accepted the recommended scoring of the Commission and passed
Resolution No. OQ6-2Q08 (Reception No. 546115) awarding the requested allotment of 9,350
square feet of floor area for the new lot on the condition that the Qwners record a covenant
documenting the representations made in the Application requesting the allotment and resulting in
the approved scoring. The Application contain~ representations making it clear that the
Applicant's intent was to receive an allotrnent that would a11ow for development of the property's
final maximum floor area of 9,923 square feet, however, a misunde~rstanding as to the County's
floor area calculation rules and the associaRed requirements for such a development led to the
awarding of an inadequate allotrnent. Further, County staff misunderstood the Applicant's
intention and representations, and as a res~lt, did not correct the amount of square footage needed
for the Allotment The Applicant submitted a requ~est for Minor Amendment to the Crrowth
Management Allotrnent making clear that tl~e total allotment should be for 9,923 squ~re feet, of
which 5,173 square feet are floor area and the dher 4,750 square feet are exempt sp~ces (750
square feet of garage and 4,000 square feet of sub-grade space}. Such~ 1blinor Amendment was
approved by Administrative Decision No. 32-20U4 recorded at Rece~tion No. 5592Q9. and
RECEPT~ON#; 563855, 1d}l22/2009 at
01.05:68 PM,
1 OF 7, R$36.00 Dac Co+de CtJV~NANTS
Janice K. ilos Caudill, Pitkin County, CO
WHEREAS, the BOCC approved Detailed Submission, Final Plat and a Caretaker
Dwelling Unit by Resolution No. 139-2008 (Reception No. 555334) for the Property.
NOW, THEREFORE, the residential square footage allocation is conditioned upon, and
no building permit to utilize the awarded square footage shall be issued until, the following
covenants detailing the representations made in the application and recognized by the Commission
through the award of points have been recorded in the Oi~ce of the Pitkin County Clerk and
Recorder.
1.0 General
1.1 Development on Lot 2 of the Leddy-Cooper Subdivision sha11 be in accord with the
conditions and limita.tions of BOCC Resolution No. 017-2008 and Resolution No. 139-
2008, as may be amended.
1.2 Lot 1 is considered the fathering parcel and retains the original development rig,ht. Lot 2
has a Growth Management Quota System Allotment of 9,923 square feet and the owner
thereof may develop a residential structure up to a fmal m~imum size of 9,923 square feet
of area, with 5,173 square feet of such area being countable floor azea and the remaining
4,750 square feet of such area being comprised of exempt spaces (4,000 square feet of
below grade space and 750 square feet of garage space).
2.0 Impacts on Public and Private Facilities
2.1 In any primary structure built on Lot 2, Owners will install an engineered automatic fire
suppression system (sprinklers) meeting the requirements of the fire code. If necessary, a
pump will be installed to ensure adequate pressure.
2.2 Upon the sale of the first of either of the two lots in the L,eddy-Cooper Subdivision, Owners
sha11 provide to the Pitkin County Open Space and Trails Department $15,000 to be applied
to the financing of planned improvements to the Lani White trail.
2.3 Upon the sale of the first of either of the two lots in the L,eddy-Cooper Subdivision, the
Owners sha11 contribute up to a m~imum of $70,000 toward drainage improvements in the
Spruce Street right-of-way along the frontage of the Properiy and the unmediately adjacent
and uphill property to the eastem edge of the access driveway for the property located uphill
from the Property. The fu~ed improvements maY include fees far the engineering and
design of the improvements. The improvements, to the e~rtent then-necessary, will include:
(1) re-construct the drainage swale and provide stabilization measures to slow the runoff
and soil erosion between the driveway entrance to the PropeTty and the drivewa.y to the east
of the entrance to the Properiy (known as 909 Spnice Street, Randall Park Subdivision, Lot
Lot 2, Leddy-Cooper Subdivision
GMQS Covenant
Page 2 of 7
1, Aspen, CO); (2) install a dra.inage pan at the driveway entrance to the Properly with
flatter grades; and (3) replace the portion of the Spruce Street asphalt pavement immediately
south of the Property. Such funds may be expended by the Owners during or immediately
after conshuction of a residence on Lot 2 or may be paid to Pitkin County for use by Pitkin
County for the above-described purposes.
2.4 Upon the sale of the first of either of the two lots in the Leddy-Cooper Subdivision, the
Owners shall fund and coordinaie upgrading of the City of Aspen's Smuggler Trailer Park
bus stop facilities (at the intersection of South Avenue and Pazk Circle) with minor
improvements such as a concrete pad for a new bench, the new bench itself, a bear-proof
trash container, and other minor amenities (not including a bus shelter). Part of Owners'
coordination responsibilities will include selectian of materials, establishment of a budget
and choice of a contractor for approval by the City Transportation Programs Director. The
Owners shall further see to the implementation of the approved plan with the oversight of
said Director.
3.0 Effects on the Environment
3.1 Owners commit to the development of the new home on Lot 2 of the Leddy-Cooper
Subdivision achieving Leadership in Energy and Environmental Design (LEED)
certification for Homes from the U.S. Green Building Council (USGBC).
3.2 The Owner's contractor shall implement a construction management plan (CMP) aimed
at minimizing disturbance to the neighbors by reducing impacts associated with
construction while allowing work to proceed in such a manner as ta avoid prolonging
conshuction periods. At a minimum, the CMP shall include the following measures:
3.2.1. Travel Demand Measures (TDIV~ and Traffic Control Program:
. Delivery of construction raw materials will be prohibited during the peak traffic
periods for Aspen; this will limit such delivery access to the site from 8:00 AM to
9:00 AM, and from 3:00 PM to 6:00 PM. Exceptions to this will be scheduled
concrete pours and other time-sensitive deliveries.
. Sub-contractors will be issued a limited number of parking pernuts for their workers.
•'The general contractor will be required to provide a parking plan with the individual
construction sub-contracts.
. Contractors will be required to provide some van-pooling ar car pooling programs as
part of their construction contract. Reduction in payment provisions for failures to
comply sha11 be incorporated into tlie contracts.
. To the greatest e~ent possible, raw materials will be stockpiled on site to try to
consolidate deliveries of materials in larger quantities (e.g., gravel). The storage area
will be located within the Activity Envelope andJor at the existing structure on the
Lot 2, Leddy-Cooper Subdivision
GMQS Covenant
Page 3 of 7
property, and will be utilized for bulk storage of material and equipment and the
secure storage of tools.
. The general contractor sha11 be responsible for monitoring delivery and contractor
compliance with the TDM program. The general contractor shall esta.blish a program
to monitor all such traffic and esta.blish procedures to ensure compliance with the
TDM program. The program sha11 include enforcement measures: parking on
neighborhood streets and Spruce Street will be prohibited.
3.2.2 Fugitive Dust Control Plan: Dust control will be implemented from the start to the finish
of each construction season until projects are complete. The general contractor will be
required to assume all responsibility for dust control and shall carry out proper and
efficient measures wherever and whenever dust control is necessary, thereby minimizing
dust damage and nuisance to persons and property. The general contractor will also be
required to control dust at the work site by the use of a water truck or an effective
palliative using such dust-laying equipment and methods as may be required. To the
greatest extent possible, raw material deliveries to and from the site will be water sprayed
or covered with tarpaulins as necessary to additionally minimize dust and dirt from
construction operations.
3.2.3 Notification Plan: No work will commence until the utility company has located the
utilities or written consent to proceed has been issued. If utility service must be
interrupted, the general contractor will be required to notify the appropriate County
authorities and the affected utility users at least twenty-four (24) hours prior to
interruption. Notice will consist of the contractor's posting of prominent and easily read
signs and personally contacting affected neighbors.
3.2.4. Noise Control: The general contractor will be required to comply with all applicable
noise control regulations, including the Pitkin County Noise Abatement Ordinance. All
construction equipment operations shall be scheduled to operate only during daylight
hours (i.e., 7:00 am to 7:00 pm), Monday through Saturday.
3.2.5. Additional Measures:
• All construction waste sha11 be sorted into recyclable and non-recyclable bins for
pick-up.
. As much excavation material as possible will be utilized an site for landscaping to
minimize the need to take excavation materials off-site.
• To the extent practicable building waste will be chipped on site, requiring fewer trips
to the landfill or recycling center.
. Site disturbances will be minimi~ed and any areas to be disturbed will be revegetated
with native species.
4.0 Recordation
Lot 2, Leddy-Cooper Subdivision
GMQS Covenant
Page 4 of 7
Once fully executed, this Covenant sha11 be recorded in the office of the Pitkin County Clerk and
Recorder. At any time after the satisfaction of a11 of the requirements of Section 2.0 and 3.0 (that is
after sale of either Lot 1 or 2 by Leddy and Cooper to any third party purchaser and after
construction of a home on Lot 2), the Owner of either Lot 1 or Lot 2 may prepare and provide to the
County for its signature a document acknowledging the satisfaction of a11 requirements of Section
2.0 and 3.0 and releasing the parties from any further obligations under this Agreement and
declaring this Agreement of no further force and effect and the County shall sign and deliver such
document for recording.
5.0 Notices
Notices to the parties sha11 be sent by United States certified mail to the address set forth below or
to any other address which the parties may substitute in writing.
T~ the nwner: Thomas A. Leddy and Leslie T. Cooper
704 Spruce Street
Aspen, CO 81611
Tc- Pitkin C~un~: County Manager
530 East Main Street
Aspen, Colorado 81611
With C'~y T~: Pitkin County Attorney
530 East Main Street
Aspen, Colorado 81611
6.0 Binding Effect
The provisions of this Covenant sha11 run with and constitute a burden on the Property and shall be
binding on and inure to the benefit of the Owner, the County and their respective successors,
personal representatives, and assigns.
7.0 Amendment
This Covenant may be altered or amended only by written instrument execut~l by the parties, upon
approval by the BOCC.
8.0 Severability
If any of the provisions of this Covenant are determined to be invalid, it shall not affect the
remaining provisions hereof.
Lot 2, Leddy-Cooper Subdivision
GMQS Covenant
Page 5 of 7
9.0 Enforcement
Owner hereby agrees that in any adjudica.ted controversy concerning this Covenant, the prevailing
party is entitled to its costs and reasonable attorney's fees. Failure to enforce this Covenant does not
constitute a waiver of any rights to commence enforcement.
PITKIN COUNTY
APPROVED AND AGREED TO:
.. ~ C
Cindy ben, Community Development Director~,, `
~ V~'
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
'The foregoing instrument was acknowledged before me this~~ay of ~ , 2009,
by ' , Community Development Department Director.
~-~-u• c,e Clo.~'Yle
Witness my hand and official sea1.
My commission expires:
.
T -`P~Y ~Pv° '~
~'9`~' ~~~~'~~
: :
; BONNIE L. ;
; Vk'AECHTLER i
. ;
A ~
•~ ~~~•
~
~ •
~~e •~
~4y Ca~mission
i~~m~o (~ ^ Q .~I~
Notary Public
[Owners' signatures on following page]
1010512009
Lot 2, Leddy-Cooper Subdivision
GMQS Covenant
Page 6 of 7
• ` ~ r
OWNERS:
~
Thomas A. Leddy
. ~
Leslie T. Cooper
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~~day of ~~ 2009,
by Thomas A. Leddy and Leslie T. Cooper, Owners of the Property.
Witness my hand and official seal.
My commission expires: l0~ ,O /Z (Q!/
~
~
Notary
NATAI.LIA F.
KHARKHAL
My Co~ion E~cpires 1010?f2011
Lot 2, Leddy-Cooper Subdivision
GMQS Covenant
Page 7 of 7