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HomeMy WebLinkAboutpitkin.planning.273513300005 (2008)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Piat copies (11x17) RECEPTION#: 551000, 07/14J2008 at 11:52:05 AM, 1 of 1 ~, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTICIN COUNTY, COLORADO, APPROVING THE BISHOP FAMILY TRUST MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO AMEND CONDITIONS OF RESOLUTION NO. 150.2003. Resolution No.tl73-2008 RECTTALS John C. Bishop Family Trust ("Applicant"), has applied to the Board of County Commissioners, ("Board"), pursuant to Section 2-20.150(b) of the 2006 Pitkin County Land Use Code ("Cade"), to amend language of a previously approved Board Resolution to extend the time of reliance on conditions of approval. The application was received after July 6'", 2006 and therefore is reviewed under the 2006 Land Use Code 2. The property is zoned AR-10, and the lot is 38+ acres. 3. The parcel is located above Castle Creek Road, and is described as Bonanza Placer, Lot S (Legal Description, Exhibit A). 4. The Board heard comments and testimony on the request at a regular meeting on June 25, 2008, and found the request to be in conformance with Code standards. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT, the Bishop Family Trust request for a Minor Amendment to a Development Permit to amend BOCC Resolution I50-2003 for Bonanza Placer, Lot 5 is approved subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. Condition # 2.B. of BOCC Resolution No 150-2003 shall be amended by adding a sentence stating, " In no event shall residential floor area exceed 8,250 sq. ft." 3. Condition #3 of BOCC Resolution No. 150-2003 shall be amended to add a paragraph I. stating, •'Pay the applicable Employee Housing impact fee." 4. Add a new condition #20 to Resolution No 150.2003 stating, "Development of the home site must meet all applicable terms and provisions of the Land Use Code regarding Site Plan and Scenic Review in effect at the time of building permit submittal". 5. Condition #20 of BOCC Resolution No. 150-2003 shall be renumbered #21 and the language shall be rescinded and reinstated to say, "This takings remediation does not constitute asite-specific development plan and does not obtain vesting. The conditions of approval can be relied upon until June 25, 2011. 6. All conditions of PRZ Resolution No. I50-2003 shall remain in full force and effect except as amended herein. Prior to submittal of any building permit for a residence on the Bishop parcel a lot line adjustment and exchange of deeds between the parcel owner and the Music Associates of Aspcn shall be completed as mutually agreed upon between the hvo parties. 8. 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. Resolution No.4~/3 ?008 Page 2 APPROVED AND ADOPTED ON THE 25th DAY OF NNE, 2008 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO kL~d{_.s itti Jones gy - Clerk and R corder ack Hatfield, C airman Date__7//a ~Q 8 APPROVED AS TO FORM: APPROVED AS TO CONTENT: -~ ,,~~rc..~~~ ~h~~ Cindy Houben Community Development Director lancedcues/brsAop trust minor amendment doc ~. ~ i~~ i swuvu> P042-OS A PARCEL OF LAND SITUATED fN SW1/4 OF SECTION 13, THE NEi/4 NEt/4 OF SECTION 23 AND THE NW1/4 NW1/4 OF SECTION 24, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, SAID PARCEL BEING NORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 14, A BLM BRASS CAP IN PLACE, 1H Pa T ~--~5~'NI-~S: THENCE N 00'15'09" E ALONG THE EASTERLY @OUNDARY OF SECTION 14 ALSO BEING THE EASTERLY $OUNDARY OF THE AMENDED FINAL PLAT OF M.A.A. INC., FLUNG NO. 1, DESCRIBED IN PLAT BOOK 4, PACE 468, RECORDED IN 7ME PITKIN COUNTY CLERK AND RECORDERS OFFICE, A DISTANCE OF 803.20 FEET 70 A POINT; THENCE LEA41N0 SAID EASTERLY BWNOARY OF SECTION 14 ANO ALONG SAID EASTERLY 90UNDARY THE FOLLOWING SIX (6) COURSES: 1) N 70.30'00" E A DISTANCE OF 209,92 FEET 2) N 40.40'00' E A DISTANCE OF 268.00 FEET 3) N 11'00'00" E A DISTANCE OF 72,04 FEEr 4) N 23'47'00" E A DISTANCE OF 187.35 FEET 5) N 62'43'39" E A DISTANCE OF 188.70 FEET 6) N 277739" E A DISTANCE OF 261.95 FEET; THENCE LEAVNG SAID SOUTHEASTERLY BOUNDARY, S AO'39'00" E A DISTANCE OF 797.47 FEET; THENCE 5 OD'Op'00" E A DISTANCE OF 532.88 FEfT; THENCE N 90'00'00" E A DISTANCE OF 5.31 FEET; THENCE S 84'58'00" W A DISTANCE~OF 151.00 FEET; THENCE S 8®'33'QO" W A DISTANCE OF 399.47 FEET; THENCE 5 00'27'00" E A DISTANCE OF 32.02 FEET; THENCE S 84'50'50" W A DISTANCE OF 338,21 FEET; THENCE S 32'48b0" W A DISTANCE OF 1378.72 FEET TO THE NORTHERLY BOUNDARY OF A PARCEL OF LAND DESCRIB,EO IN PLAT @001( 67, PAGE 10 ANO 11, RECORDEp IN THE PITKIN COUNTY CLERK AND RECORDERS OFFCE; THENCE ALONG SAID NORTHERLY BOUNDARY, S 83'30'21" W A DISTANCE OF 447.20 FEET TO THE EASTERLY BOUNDARY Of A PARCEL OF LAND DESCRIBED IN PLAT BOOK 84, PAGE 22, RECORDED IN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE; THENCE LEAVING SAID NORTHERLY BOUNDARY AND ALONC SAID EASTERLY BOUNDARY, N 28'38'00" W A DISTANCE OF 183.00 FfEi TO THE EASTERLY BOUNDARY Oi LOT 3, CASTLE CREEK RANCH SUBDIVISIONi, DESCRIBED IN PLAT BOOK 4, PAGE 303, RECORDED IN THE PITKIN COUNTY CLERK AND RECORD&RS OFFICE: THENCE LEAVING SAID EASTERLY @OUNDARY AND ALONG SAID EASTERLY BOUNDARY OF CASTLE CREEK RANCH 1iU6DIWS10N, N Zb'38'OO" W A DISTANCE OF 101,01 FEET TO THE EASTERLY BOUNDARY OF THE SAID M.A,A, INC., FIlINO NO. 1; THENCE LEAVING 5A10 EASTERLY BOUNDARY OF CASTLE CREEK RANCH SUBDIVISION AND ALONG SAIp EASTERLY BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1) N 30'45'06" E A DISTANCE OF 215,46 FEET 2) N 27'12'19" E A DISTANCE OF• 19.91 FEET 3) N 15'38'40" W A DISTANCE OF 108.50 FEET 4) N 11'50'20" W A DISTANCE OF 257,51 FEET TO A POINT ON THE SOUTH @DUNOARY OF SAID SECTION 141 THENCE ALONG SAID SOUTH BOUNDARY OF SECTION 14, S 86'37'27" E A DISTANCE OF 801,38 FEET TO T1;E^pOwT OF a ~~~1-~r, THE ABOVE DESCRIBEp PARCEL OF LANG CONTAINS 38.054 ACRES, MORE OR LESS, {11NII~IInIIIIInI~IIIVIIIIIIIII{IIIIII~{IIIIIII 0945a9e4 ea.aza 6'LVIP DgVI6 PITKIN COUNTY CO R 0 00 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITICDV COUNTY, COLORADO, FINDING A TAKNG AND REMEDIATING THE TAKING FOR THE BISHOP FAMILY TRUST 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Resolution NoJSP-2003 RECITALS 1. John C- Bishop Family Trust ("Applicant") applied to Pitkin County for a development allotment through the 2002 Rural Area Residential Growth Management Quota System Competition for New Subdivision Lots.and Nely 35+ Aore Parcels. The Applicant also requested 1041 Hazard Review and Conceptual Submission approval to establish a building envelope for the construction of asingle-family residence. 2. The property is located in the Castle Creek Valley, and is more specifically described as Bonanza Placer, Lot 5 (legal description, Elchbit A). 3. The property Is zoned AFR-!0 and contains 3B+ acres. 4. The Planning and Zoning Commission }teld a duly noticed public hearing on December 10, 2002, to review and score 2002 Rural Area Residential Growth Management applicalions f'or New Subdivisions and 35+ Acre Parcels. 5. Tho Commission scored the applications pursuant to the criteria in Section 4120 of the Land Use Code. The Planning and Zoning Commission scoring is memorialized in PBaZ Resolution No. 042002. The Commission scored the Bishop Family Trust application at 36.8 points. This is below the minimum score of 48 points required for an allocation. 6. The Boazd of County Commissioners, by Resolution No.75-2003, confirmed the P&Z scoring and did not allocate any square footage as a result of the 2002 Rural Area Residential GMQS Competition for New Subdivision Lo[s and New 35+ Acre Parcels. 7. The Applicant submitted a request for a takings detemtination pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code on June 26, 2003, to determine whether the Board of County Commissioners' failure to allocate square footage to the parcel im the Bishop Family Trust application constitutes a taking of private property without just compensation. _ 8. The BOCC considered the takings request at a regular mceting on July 23, 2003, at which time further evidence and testimony were presented with respect to the taking. 9. The BOCC determined that a taking had ou:urred pursuant to Sections 3.290 and 4-150 of the Code, based on the following findings: A. The proposed building envelope is the best possible location on the property for development; and B. 'file denial constitutes s taking of all reasonable use and economic return from the subject property. 10. The BOCC considered the remediation at a regulaz meeting on October 22, 2003, at which time the conditions of approval were accepted. Pager2 ion No ~,>~-1003 111~1~11~~~ ~~! ~11 ~~III III ~~~I/II ~ ~~I~ ~~ I~~I 0 94594 ea : azv .;SILVIH DPV25 PITKIN COUNTY CO R 0.00 D 0.00 NOW, THEREFORE, BE 1T RESOLVED by the BUCC that the denial of the Bishop Family Trust request for allocation of square footage and1041 Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. BE IT FURT'IiER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval to the Bishop Family Trust 1041 Hazard Review and Conceptual Submission subject to the following conditions, which shall mn with the land and be binding on all successors in interest: 1. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site Plan that complies with the provisions of Section 5-70-040 of the Land Use Code to tfie Community Development Department for approval and recording. The mylaz copy of the site plan must be signed by the owner prior to submittal for recording. 2. At building permit application, the Applicant shall surrender one original Certificate of 1 ransferable Development Rights and a copy of the deed evidencing the Applicant's acquisition of the ecrtificate in order to develop up to 5,750 square feet of floor area. The property is limited to 5,750 square feet of floor area as calculated at the time of a complete building permit submittal in the event the Applicant elects to utilize the access through the Music School campus ("Original Access"). The size limitation related to the use ofthe Original Access is established as a result ofthe hazazds associated with the Original Access which crosses known debris flow/mudslide areas as well as areas mapped as blue and red avalanche hazard areas. A. Alternatively, Appl icant may access the property through an easement from Castle Creek Road over Lot 2 of the M.A.A.,Inc. Filing 1 as described in the Amended Plat of Record in Plat Buok 4 at Page 4G6 of the rcat property records of Pitkin County (also known as the Hall property, hereinafter referred to as the "Alternate Access") B. In the event the Applicant elects to utilize the Alternate Access the Applicant may seek to increase allowable floor azea on the property above 5,750 squaze feet through special review application for a TDR Receiver Sitc or through Growth Management Competition for Additional Floor Area. There is no presumption regarding the result of such applications. C In the event the Aftemate Access is elected, the Original Access shall be "sterilized". 3. Prior to issuance of any building permit applications, the Applwant shall (items A through G shall be submitted prior to or concurrent with building permit submittal) A. Obtain an access/drivewaypeanit for the driveway, after electing to utilize the Urigitu~! Access or Aftemate Access, which shall be approved by Ute County Engineer, the Community Development Deparument, and the Fire Marshall. The access/driveway, if through tltc Original Access, shall be built substantially as per the Stantec Consulting, Inc "Proposed Access Road Plan and Profile and Cross Sections", Sheets 3 through 8, as submitted 6y the Applicant with the John C. Bishop Family Trust 2002 Rural Area Growth Management application. An additional engineering report on the portion of the proposed driveway/access where it encroaches on the Keno Gulch mud and debris slide path is required Tb ensure to the County Engineer that downhill properties will be protected altd that safe access can be provided. Ifthe Applicant elects to construct the access/driveway through the Aftemate Access, approved easement documents, complete plans, profiles, and cross sections for an access pemtit must be submitted and approved by the County Engineer, Community Development, arid the Fire Marshall. B. Obtain fireplace/woodstove permits from the Community Development Depatnent, if necessary. C. Obtain approval from the County Engineer of a drainage and erosion control plan. Page?ionNo./SG-1003 iI~IIIII~IIlI,51~P~~l1I~I~i~~IMIIiII~I~II~~1~~~II~R~I a °i4i?e94ea:az _ -- -__ _ __-_ __..-- _ _ R 0.00 n 0.00 P '_-~-_---_i D. Obtain approval from the County Engineer of a construction management plan. T1tis plan shat! include, but not be limned to the following: I. A Traffic Control Plan detailing the management of construction and employee traffic on and off Castle Creek Road, along the Music School Road and through then Music School Campos. 2. A Schedule and Methods Statement for the proposed major construction items. This document should specifically address how construction will be accomplished without working outside the existing easement. 3. A Staging, Parking, and Material Storage Plan shall be submitted and approved. This plan shall show the location of employee parking, material storage areas, jobsite trailers, temporary utilities, haul roads, emergency access to the work site, and construction staging. To parking, staging, or storage is allowed on County right of way or county property. 4. A Safety Plan shall be submitted for traffic and construction around the Music School Campus. It should specifically address pedestrian movements through the construction road access and how workers and construction vehicles will pass through the Campus. This Plan shall be reviewed and approved by the County, the Schools, and all emergency response agencies. E. Obtain approval from Environmental Health of a Fugitive Dust Control Plan. F. Obtain approval from Environnental Health of a septic permit. G. Obtain approval from environmental health that well meets setback requirements and that the quantity and quality of the well water are adequate. H. Pay the applicable road impact fee. 4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: Defensible Space: The area around all buildings/structures, limited by property boundaries which tnay limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfae 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): i) Brush, debris and non-ornamental vegetation shall be removed withiu a minimum ten-foot (10') perimeter around al! structures. 2) Vegetation shall he reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty-foot (30') foot perimeter around all structures. 3) Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeter shall be a minimum of two (2) thnes the height of the fitel. Ma~cimam diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty-foot (3U') perimeter shall be pruned to a height often feet (10') above the ground with removal of ladder fuels from around trees and brush. 5) Tree crown separation within the thirty-foot (30') perimeters shall have a minimum often feet (10') between the edges of the crowns, except for mature stands of Aspen trees where ladder ti~els have bean removed 6) A II branches that extend over the roof eaves shall be trimmed and all branches within fifteen feet (1 ~') of chimneys shall he removed. Peas~lmronNo ~-2003 IlfiiilNllINIIII!lIII1NINIIIiNNI{IIlNiI~lIlN az~4o 9 ~ea:aza 7) The density of fuels within a one hundred-foot (I00') perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall within the one-hundred-foot (100') perimeter shall be removed. 9) The property owner shall be responsible far the continued maintenance of the defensible space vegetation requirements. 0) Position all structures at least 30' back from the ridge where the slope drops steeply to Castle Creek. 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 roof assembly as defined in the UBC 1997 Section 1504. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are itot permitted unless they comply with the tollowing: i. All roof coverings shall be noncombustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly. ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. iii. All roof designs shall facilitate the natural process of clearing roof debris. Prottvsions above the roofline, such as parapets, shall be prohibited. iv. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. v. All roof designs, coverings, or equivalent assemblies shall be specificall}• approved by the Fire Marshal priorto submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/a inch maximum. C. Roofs and gutters shall be kept cleaz of debris. D. Yards shall be kept clearof 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 ] 5 feet away from the structure. H. Swimming pools shall he accessible to Fire Department vehicles. 1. Fences shall be kept clear of brush and debris. J. \'Vood fences shall not wnnect to the structure. K. Any outbuildings or additional stuctures 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 standazds and on a contour away from the structure with stmrdard defensible space vegetation mitigation around any aboveground 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 shat[ have a minimum of one l0 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 anon-combustible post. P. New utility lines shall be hurled. PuRe 51ion No LSD-2003 Ilryryl~'lIII11~I111NIINIINNNIIIIIIIllll111111 494594 ~.3zP SILVIq aavts PITKIN COUNTY CO R 0.00 D 0.00 6. The project shall meet all the codes and requirements of the Aspen Fire protection district. This includes but is not limited to: approved fire suppression system, adequate access and egress, attd supplying the required fire flow for fire fighting purposes. All azeas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoffwithilt one growing season of the project's completion. 8. The Applicant shall comply with the mitigation standards for development on steep slopes: a. Adequate mechanical support shall be provided for cut slopes. b. Adding water, which may decrease slope stability, shall be avoided. c. Adding weight to the top of the slope shall be avoided. d. Disturbed slopes must be contoured so that they can tie revegetatcti. e. Steepening of existing slopes shall be avoided. f. Confine cuts, fills grading and cxcavation to the minimum area needed or construction. 9. Potential avalanche wanting signs shall be posted prominently on the driveway prior to the locations where the driveway crosses known avalanche paths. 10. Prior to commencement of arty earthmoving or construction activity, 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 issuance of certificate of occupancy. 11. Cigltting shall comply with the Pitkin County lighting standards at the time of installation. There shall be no outside lighting beyond the minimum required by the building code on the west side of the residence. 12. Dogs shall he kenneled. 13. The Applicant shalt install and use approvcd bear-proof containers as required by BOCC Ordinance No. 010-?001, the ?001 Wildlife Protection Ordinance. 14, Boundary fencing is prohibited. ] 5. All impacts to wetlands or riparian azeas aze prohibited. 16. No developmet, including grading, cxcavation, fill placement,berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approvcd building envelope. Construction staging, parking, utility and driveway extensions and maintenance shall occur within approved building envelope or the access driveway only. Ail tttilitylines/pipes shall be buried in the driveway, 17. All structures shall have earth-tone colors. All roofs shall be constructed of nott- reflective materials. 18. Faiture to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property R gl:6etion NolSC-1003 ~~III~I~II ~~~II~III~IgO~ulI I111eIIf ~ll ~llll ~nfl~I~I~ 0 94594 oa.aza 19, The Applicant shall adltcre to all material representations made m the application and public meetings. 20. This takings remediation does not constitute asite- specific development plan and does not obtain vesting. The conditions of approval can be relied upon for threeyears. TAKINGS AND REMEDIATION APPROVF,D AND ADOPTED on the 2^_nd day of October, 2003. ATTEST: Jea ette Jones, Deputy County Clerk APPROVED AS TO FORM: John ESy, Count o Case !iP 133-02 273513300005 lanceclcaseslbishop taking remed reso.doc BOARD OF COUNTY COMMISSIONERS OF PITI{TN COUNTY', COL~ORA-DO led._.y...~ a~%w~ .~O f~ Tt'~a~ ~° ST 1S Chairman Date: ~ -~ p - Q~. APPRnVED AS TO CONTENT: Cin ouben, ~ I~~~ Community Development Director FEB-17-2004 TUE 04;44 PH FAX N0. P, O1 SCFiEDIILE A ~ . PROPERTY D:SCRIPTION ORDER N0: OOD20301 EXHIBIT "A" III~IIIIIIII~IIIIIIIIIIIIIIIIIIIIIIf~11IIIlII~~`Nf I~I04945_9__0_a 3zr A parcel of land being a portion of the Bonanza Placer M.S. 5840 J located in Sections 13, 23 and 2a of Township 10 South, Range 85 West of the 6th P,M., Pitkin county, Colorado. Beginning at corner number 1 of said Bonanza Placer, thence along line 1-2 of said Bonanza Place N. 4o degrees ]9 minutes W. 797.47 Pt. more or less to the easterly boundary of Lot 1-A of H.A.A_ Inc. Filing No, 1, thence southerly along the easterly boundary of Lot 1-A of M.A.A. Inc. Filing No. 1, s. 27 degrees 17 minutes 39 seconds W. 261.95 ft. more or less, ~. S. 62 degrees 43 minutes 39 seconds W. 188.70 ft. 5. 23 degrees 47 minutes W. 187.35 ft. Wore or less to the easterly outside boundary of M.A.A_ Inc. Filing No. 1 (amended) thence Southerly and westerly around the outside boundary of said M.A.A. Inc. Filing No_ 1 (amended) as follows: S. 11 degrees 00 minutes W. 72,00 ft. S. 40 degrees 40 minutes W. 265.00 ft. 5. 70 degrees 30 minutes W, zo9.a2 ft. 5. 00 degrees 15 minutes 08 seconds W. 803.20 ft, more or less rj to the Northeast corner of Section 23, ~, thence along the northerly line of Section 23 N.z 88 degrees ]7 minutes 27 seconds W. 1016.59 ft. more or less to line 3-4 of said Bonanza Placer, thence along line 3-4 of said Bonanza Placer S. 27 degrees 45 minutes 15 seconds W. 241.61 ft, more or less to corner number 4 of the Bonanza Placer, thence along line 4-5 of said Bonanza Placer S. 28 degrees 3a minutes E. 6x2.00 fC. more or less to corner numbeY 5 of the Bonanza Placer, thence N. 83 degrees 50 minutes 21 seconds £. 447.20 ft, more or less to line 1D-11 of said Bonanza Placer, thence along line 10-11 of said Honanza Placer N. 32 degrees a8 minutes E. 1378.72 Pt. more or less to corner number 11 of the Bonanza Placer, thence along line 11-12 of said Bonanza Placer N. 84 degrees 50 minutes 50 seconds E. 338.31 ft. more or less to corner nu:uber 12 of the Bonanza Placer, thence along line 12-13 of said Bonanza Placer N. 00 degrees 27 ninutes W. ]2.02 ft. more or less to corner number 13 of the Bonanza Placer, thence along line 1]-14 of said Bonanza Placer N. 89 degrees ]3 minutes E. ]99,47 :t. more or less to corner number 14 cf the Bonanza Placer, thence along line 1a-15 cf ssid Bonanza ?lacer N. Ba degrees 56 Continued on next page ~, //~ FEB-17-2004 TUE 04:44 PN FAX N0. • P. 02 r-~ r , SCHEDULE A • • PROPERTY DESCRIPTION CONTINUED' • ER KO, 00020301 PERTY DESCRIPTION CONTINUED utes E. 151.00 ft. more or less to corner number 15 of the Lanza Placer, :nce along line 15-16 of said Bonanza Placer Nest 5.31 ft. •e or less to corner number 16 of the Bonanza Placer, once along ling 16-1 of said Bonanza Placer North 532.88 ft. -e or less to corner number 1 the Point of Beginning_ silty of Pitkin, State of Colorado IIIN11111181111811111111N11IIIIIII III III IIII Ilil 0 x 4594 03.32P SIIVIR DAMS PITKIN COUJTV CO R 0.00 D 0.00 MEMORANDUM TO: Boazd of Counnty Commissioners FROM: Lance Clarke; Assistant Community Development Director SUBJECT: Bishop Family Trust, Minor Amendment to Development Permit DATE: June 25, 2008 REQUEST: The Applicant desires to amend language of the Resolution Finding a Taking and Remediating the Taking for the Bishop Family Trust 1041 Hazard Review by extending the period of time upon which the conditions of approval may be relied. APPLICANT: John C. Bishop Family Trust REPRESENTATIVE: Francis Krizmanich LOCATION: Bonanza Placer, Lot 5, above Castle Creek Road ZONING/LOT SIZE: The pazcel is zoned AR-IQ and is 38+acres in size. REFERRALS: The Maroon/Castle Caucus was referred. The Caucus did not respond. BACKGROUND: This pazcel was granted development approval through a Takings remediation in 2003. The approval, since it was through a takings procedure, did not include vested rights. The approval did say, "The conditions of approval can be relied upon for three yeazs." The three yeazs expired October 22, 2006. The Applicant is asking for unspecified additional years of reliance on these conditions. The Applicant's primary explanation for the reason that additional approval time is required is that it took an inordinate amount of time to secure an access agreement with the adjacent property owner (Hall) for the preferred access. This access has now been secured and an access permit has been granted. STAFF COMMENTS: Minor Amendment to a Development Permit. Pursuant to Section 2-20-150(b) of the July 6s', 2006, Land Use Code, a minor amendment to any development application or permit is one that meets the following criteria, as determined by the Community Development Director: 1. Is consistent with action(s) taken during previous development approvals for the property; and Response: An extension would not be inconsistent with the original approval for single family home development. 2. Does not change the use of the proposed development between residential, commercial, and tourist accommodation uses; and Response: The request does not change the proposed use of the property. 3. Does not change the basic character of the approved use of land on which the activity occurs, included basic visual appearance and method of operation, and Response: The request does not change the basic character of the approved use of land. 000001 ~l0 4. Does not constitute a new land development activity; and Response: The request does not constitute a new land development activity. 5. Does not increase off-site impacts in the surrounding neighborhood,• and Response: Uses and sizes aren't proposed to be changed by the Applicant. 6. Does no[ endanger the public health, safety or welfare, and Response: The request does not endanger the public health, safety or welfare. 7. Does Trot violate any Land Use Code standard; and Response: An extension would not violate any Code standazds not already addressed in the Remediation Resolution. 8. Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and Response: The request will not result in any impacts mentioned in No. 8. Affordable housing fees will now be required 9. Does not increase the floor area of the use by more than frve (5) percent or decrease the open space on the site by more the five (5) percent. Response: No change in Floor Area is proposed. ISSUES: The "1041 "conditions that were placed on this parcel with regard to wildfire, wildlife, slope, avalanche and geologic hazard issues aze still up to today's standards, as aze the required driveway improvements. The primary Code changes that would affect this property are the new requirements for "site plan review" and for "scenic review"; to the extent the site is visible from Castle Creek Road. Also, we now have the affordable housing impact fee. If the Applicant's request for an extended period of time for reliance on the conditions of Res. No. 150-2003 is granted, it should be subject to these new Code provisions. The Board may want to revisit the house size provision. The current approval allows for the Applicant to seek additional floor azea above 5,750 sq. ft. through Special Review for use of TDRs or GMQS if the "Hall" access is utilized. The access agreement with Hall limits floor azea to 8,250 sq. ft.. Staff recommends this limit be added to the approval. The MAA still rieeds to secure permission from Bishop to access the. Keno Gulch area for remediation work. RECOMMENDATION: Staff recommends that the Board adopt a motion approving the Bishop request for a Minor Amendment to a Development Permit to extend the time for reliance on conditions of Resolution No.150-2003, subject to the attached Resolution. lancec/casesNishopWSt _minoramendment_ doc ooooo? RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE BISHOP FAMILY TRUST MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO AMEND CONDTTIONS OF RESOLUTION NO. 150-2003. Resolution No. -2007 RECITALS John C. Bishop Family Trust ("Applicant"), has applied to the Board of County Commissioners, ("Board"), pursuant to Section 2-20-150(b) of the 2006 Pitkin County Land Use Code ("Code"), to amend language of a previously approved Board Resolution to extend the time of reliance on conditions of approval. 1. The application was received after July 6"", 2006 and therefore is reviewed under the 2006 Land Use Code. 2. The property is zoned AR-1Q, and the lot is 38+acres. 3. The parcel is located above Castle Creek Road, and is described as Bonanza Placer, Lot 5 (Legal Description, Exhibit A). 4. The Board heard comments and testimony on the request at a regulaz meeting on June 25, 2008, and found the request to be in conformance with Code standards. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT, the Bishop Family Trust request for a Minor Amendment to a Development Permit to amend BOCC Resolution 150-2003 for Bonanza Placer, Lot 5 Is approved subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. Condition # 2.B, of BOCC Resolution No 150-2003 shall be amended by adding a sentence stating, " in no event shall residential floor area exceed 8,250 sq. fr." 3. Condition #3 of BOCC Resolution No. 150-2003 shall be amended to add a paragraph I. stating, "Pay the applicable Employee Housing impact fee:' 4. Add a new condition #20 to Resolution No 150-2003 stating, "Development of the home site must meet all applicable terms and provisions of the Land Use Code regazding Site Plan and Scenic Review in effect at the time of building permit submittal". 5. Condition #20 of BOCC Resolution No. 150-2003 shall be renumbered #21 and the language shall be rescinded and reinstated to say, "This takings remediation does not constitute asite-specific development plan and does not obtain vesting. The conditions of approval can be relied upon until June 25, 2011. 6. All conditions of P&Z Resolution No. 150-2003 shall remain in full force and effect except as amended herein. 7. 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. 000003 Resolution No. _2008 Page 2 APPROVED AND ADOPTED ON THE 25th DAY OF JUNE, 2008 ATTEST: Jeanette Jones By Deputy Clerk and Recorder BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jack Hatfield, Chairman Date APPROVED AS TO FORM: John EIy County Attorney 273513300005 P042-08 lancet/cases bishop tmst minor amendment.doc APPROVED AS TO CONTENT: Cindy Houben Community Development Director Y I~~~flllnl~~~~~~~~ 02e~45eo~ ea:azp 5'.LVIH apVIS PIMIM COUNTY CA R 0.80 D 0.90 RESOLUTION OF THE $pAgD OF COUNTY CO)F)~IO COLORADO, FIND1TiG A TAKING AND REMED7ATING TgEI ~UFGPTI'ISIAI COUNTY, FAMILY TRUST 2042 HAZARD REVIEW ;e~Igiy CON T~ BISHOP CEPI'IiAL SUBMISSION Resolution NoJSd-2003 RECTTALS t - John C. Bishop Family Tnust ("Applicant") applied to Pitkin County for a development allotment i through the 2002 Kura! Area Residential Growth Management Quota System Competition for New Subdivision LoLsaDd Nedv 35+ gore parcels. The Applicant also requested 1041 Hazard Review and Conceptual Submission. approval to establish a building envelope for the construction of a singtefamily - residence. 2• The ProPertY is located in the Castle Creek Valley, and is more specifically descn'bed as $onanza Placer, Lot 5 Qega[ description, Exhibit A). The Property. is zoned AFR I0 and contains 38+ acres. 4• The Planning and Zoning Commission held a duly noticed public hearing on December 10, 2002, to review and score 2002 Rural prey Residential Growth Management applications for New Subdivisions and 35+ Acre Parcels. 5. The Commission scored the applications Pursuant to the criteria in Section 9120 of the Land Use Code. The Planning and Zoning Commission scoring is memorialized in P&Z Resolution No. 04.2002. The Commission scared the Bishop Family Trust application at 36.8 points. This is below the minimum score of 48 points required for an allocation. 6. The Board of County Commissioners, by Resolution No.75-2003, confirmed the P&Z scoring and did not allocate any square footage as a resuh of the 2002 Rural Area Residential GMQS Competition for New Subdivision Lots and New 35+ Acre parcels. 7. The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-I 50 and 5-220 of the Land IIse Code on June 26, 2003, to determine whether the Board of County Commissioners' failure to allocate square footage to the parcel m the Bishop Family Trust constitutes a taking of private Property without just compensation. application 8. The BOCC considered the takings request at a regular meeting on Jnly 23, 2003, 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-l 50 of the Code, based on the following findings: A• The Proposed building envelope is the best possible location on the Property for development; and B- The denial constitutes a taking of all reasonable use and ernnamic return from the subject prO~m'- 10. The BOCC considered the remediation at a regular meeting on October 22, 2003, at which time the conditions of approval were accepted. oooon5 oooai~ R~lutionNo.~.~_20p3 ~IIN~I~NI~I~l~~ll'~ 494594 Pr: e2 ~!, !BG( 11+~( Page: 2 of 8 .:SILVIO nnVIS PItKIN COIAfrY CO 02!37/2004 03;32P R 0.00 D 0.00 NOW, THEREFORE, BE ~ RESOLVED by the BOCC shat the denial of the Bishop Family Tnost request for allocation of square footage and104i Hazard Review and Concephral Submission constitutes a taking puusuant to Sections 3-290 and 4150 of die Pitkin County lend Use Code. BE TT FIIRTHER RESOLVED by the BOCC that it does hereby remediate the taking by . granting approval to the Bishop Family Trost 1041 Hazard Review and Conceptual Submission subject to the following conditions, which shall run with the Land and be binding on ail successors in interest 1. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site plan that complies with the provisions of Section 5-70-040 of the Land Use Code to the Community Development Department for approval and recording. The mylaz copy of the site plan mast be signed by the owner prior to submittal for recording. 2. At building permit application, the Applicant shall surrender~one original Certificate of Transferable Development Rights and a copy of the deed evidencing the Applicants acquisition of the certificate in order to develop up to 5,750 square fleet of floorarea The property is limited to 5,750 square feet of floor area as calculated at the time of a complete building permit submittal in the event die Applicant elects to utilize the access through the Music School campus (~riginat Access. The size limitation related to the use of the Original Access is established as a result ofthe Hazards associated with the Original Access which crosses known debris flow/mudslide areas as wel i as areas mapped as blue and red avalanche hazard areas. A. Altematively,'Applirantmey access the property through an easement from Castle Creek Road over Lot 2 of the M.A.A.,Ina Filing 1 as described in the ,Emended Plat of Record in Plat Book 4 at Page 466 of the real property records of Pitkin County (also known as the Hall property, hereinafEer referred to as the "Alternate Access"). B. lathe event the Applicant elects to utilize the Altemate Access the Applicant may seek to increase allowable floor area on the property above 5,750 square feet through special review application for a TDR Receiver Site or throu Growth Additiona- Floor Area. There is no resum ~ Management Competition For C. In the event the Alternate Access is el Phan re~mS the result of such applications. ected, die Origins! Access shall be sterilized". 3. Prior to issuance of any building permit applications, the Applicaid shall (items A through G shall be submitted prior to or concurrent with building permit submittal); A. Obtain an access/driveway permR for the driveway, after electing to utilize the Origind Access or Altenude Access, which shall be approved by the County Faigincey the Community Development Deparrnnent, and the Fim Marshall. The access/driveway, if through the Original Access, shall be barb: substantially as per the Staiitec Consulting, Inc "Proposed Access Road Plan and Profile and Cross Sections", Sheets 3 through 8, as snbmitted by the Applicant with the John C. Bisbop Family Trust 3002 Rural Area Growth Mantegement application. An additional engineering report on ffie portion of the propa;ed driveway/access where it encroaches oaths Keno Gulch mud and debris slide pall is required to ensure to the Courrty Engineer that downhill properties wi[I be protected and that safe access can be provided. If die Aaolicant elects to construct the acces/driveway through the Alternate Access, approved easement documents, complete Plans, Profiles, and cross sections far an access permit must be submitted and approved by the County Engineer, Community Devebpment, and the Fire Marshall. B. Obtain fireplacrJwoodstove permits from the Community Development Department, if necessary. C. Obtain approval from the County Engineer of a drainage and erosion control plan. 000006 00001r ResolvtiunNofS/i-2003 I ~~~~~~~~~` 494594 u~ Rage: 3 of 8 ~SILVIR a[iV25 PIr1CIN COUNTY CD B2/I7/2a0q e3;3~ Page3 __- _-- _-`__- _.. R 0.a0 D 8.08 D. Obtain approval from the County Engineer of a construction management plan. This plan shall include, but not be limited th the following. l.. A Traffic Controt Plan detailing the management of construction and employee tic on and off Castle Creek Road, along the Music School Road and through then Music School Campus. 2. A Schedule and Methods Statement for the proposed major construction items. This document should specifically address bow constnuction will be accomplished without working outside the existing easement. 3. A Staging, Parking, and Material Storage Plan shall be submitted and approved. This plan shall show the location of employee parking, material storage areas, jobsite trailers, temporary utilities, haul roads, emergency access to the work site, and construction staging- No parking, staging, or storage is allowed on County right of way or county property. 4. A Safety Plan shall be submitted for traffic qnd construction around the Music School Campus It should specifically address pedestrian movements through the construction road access and how workers and construction vehicles will pass though the Campus. This Plan shah be reviewed and approved by the County, the Schools, and all emergency response agencies- E. Obtain approval from Environmental Health of a Fugitive Dust Control Plan. F. Obtain;approval from Environmental Health of a septic permit G. Obtain approval from envuonntental health that well meets setback requirements and that the quantity and quality of the well water are adequate- H. Pay the applicable road impact fee. 4. The Applicant shaft comply with the following landscaping and wildfire defensible space mitigation standards: Defensible Space: The area around all bnildings/structures, limited by property boundaries which may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: Actaa! vegetation manipulation to meet these conditions may not be necessary where the natural vegetation pafIerns have already fulfilled these conditions): I) Hrush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (10'} perimeter around ail structures. 2) Vegetation shall be reduced to break up the vertical and horiwntal continuity of the fuels at a minimum, of a thirty-foot (30') foot perimeter around all structures. 3) Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeter shall be a minimum of tvvo (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) AlI branches from trees and brush wnhin the thirty-foot (30') perimeter shall be pruned to a height often feet (10') above the ground with removal of ladder fuels from around trces and brush S) Tree crown separation within the thirty-foot (30') perimeters shall have a minimum of ten feet (10') between the edges of the crowns, except for mature stands of Aspen trees where ladder fuels have bcen removed 6) All breaches that extend over the roof eaves shall be trimmed and all branches within fifteen feet (1 S') of chimneys shall be removed- 0~~~~7 Q0~~1~ Resolution No. ~! -2003 !I~ /,~11'~ („1 02%1752004 03:32~ Paged ~ sr~vm wwrs vrMrw crotMrrr OD R 0.00 0 0.00 7) The density of fuels within a ono-hundred-foot (100') perimeter of the structures shall be reduced where natural reduction has not aheady occurred. 8) All deadfall within the ono-hundred-foot (100') perimeter shall be~ removed. 9) The property owner shall be responsible for ffie continued maintenance of the defensible space vegetation [equiremenis. ] 0) Position all sWchrres at least 30' back from the ridge where the slope drops steeply to Cas[le Crcek. S. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Clazs A roof covering or a Class A roof assembly az defined in the UBC Z 997 Section ] 504. Wood shakdshingle roof coverings are prohibited. Roofs with less Phan a 3:12 pitch are not permitted unless they comply with the following: i. All roof coverings shall be noncombustible materials az defined in the Uniform Building Code (L1BC) 1997 Section 1504 and installed on a Class A roof assembly. ii. All roof coverings shalt have a surface that shall facilitate the natural process of clearirig the roof. iii. All roof designs shaII facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as Parapets, shall be prohibited iv. Roofs shall be installed az required by UBC 1997 Chapter 7 5 and shall have a minimum slope of ] :48. v. All roof designs, coverings, or equivaieM assemblies shall be specifically approved by the Fire Marshal priorto submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh'/, inch maximum. C. Roofs and goiters 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 I O foot perimeter shall be maintained to a height not more than 6 inches. G. Fvewoodhvood piles shall be stacked on a paralle! contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Deparfineni vehicles. I. Fences shall be kept clear of bnrsh and debris. ]. Wood fences shall not connect to the structrre. K. Any outhm']dings or additional structures shall adhere m the same standards as structures. L. Fuel tanks shall be irstalled underground with an approved container. M. Propane tanks shall be instaled according to NFPA 48 standards and on a contour away from ine structure with standard defensrbk space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be conshucted with materials approved for 2 hour 5raresistive oonstruckion on the exterior side of the walls. N. Each strtrcnrre shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visble and accessible location. O. Addresses shall be clearly merited with 2 inch non-combustible letters and shall be visible and installed on a nmr-combustible post P. ~ New utr~ity lines shall be buried. ~~~~~~ ~~'~~~~ ResolutionNo.~~D-2003 ~~I~~~~~~~~ ~g~rJ2aee ea:3zP Page 5 'f .SILVIn LNfVIl: PITKIN COUNTY CO R 0.00 D 0.00 i 6. The project shat) meet ail the codes and requirements of the Aspen Fire protection district This includes but is not limited to: approved fire suppression system, adequate access and egress, and supplying the required fire flow for fire fighting purposes. 7. Ail areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the projects completion 8. The Applicant shall comply with the mitigation standards for development on steep slopes: a. Adequate mechanical support shall be provided for cut slopes. b. Adding water, which may.decrease slope stability, shall be avoided. c. Adding weight to the top of the slope shall be avoided. d. Disturbed slopes must be contoured so dart they can be revegetated. e. Steepening of existing slopes shall be avoided. f. Confine cuts, fells grading and excavation to the minimum area needed or construction. 9. Potential avalanche warning signs shall be posted prominently on the driveway prior to die locations where the driveway crosses known avalanche paths. 10. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the building envelope and install construction fencing around the perimeter of the building envelope. the fencing shall remain in place until issuance of certificate of occupancy. ] 1. Lighting shall comply with the Pitkin County lighting standards of the time of instaIlation_ There shall be no outside lighting beyond the mmimmn inquired by the building code on the west side of the residence. 12. Dogs shall be kenneled. 13. The Applicarn shall install and use approved bear-proof containers as required by BOCC Ordinance No. 010.2001, the 2001 Wildlife Protection Ordinance. I4.. Boundary fencing is prohibited. I5. AlI impacts to wetlands or riparian auras are prohibited. 16. No developmen; including grading, excavation, fill placemem; terming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved building envelope. Construction staging, parking, utility and driveway extensions and maintenance shall occur within approved building envelope or the access driveway only. Alt utility lines/pipes shall be Buried in the driveway. 17. All structures shall have earth-tune colors. All roofs shall be constructed of non- reflective materials. 18. Failure to comply with these conditions of approval may resutt in revocation of this permit or any subsequent permits related to this property. 000009 OOOO~.a Rerolydion No~-S~-3003 ~ l 11lilEl ~ ~ ~se45 03:3zr Page 6 SILVIq' ONVIS PInCtN fpgN}y111~iIEf ~I BB!!LL!! R ®,~ D 8.0e 9. The Applicant shall adhere to all material representations made in the application and pnbiic meetings. 20. This takings remediation does not constitute a site- specific development plan and does not obtain vesting. The conditions of approval can be retied upon for threeyears. 273513300005 TAKINGS AND REMEDTATION APPROVED AND ADOPTED on the 22nd day of October, 2003. ATTEST: l~ . /~c~~ J ette Jones, Deputy County Clerk APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY, COLORADO Chaitman Date: z -io - n ~ APPROVED AS TO CONTENT: c (`~(- JohnEly, Cin 1. oubeq Coun Community Development Director CasedPt33 02 lancec/cases/bisbop taking remed reso.doc oonn1~ 0000?:9 2 Z.5 N~ ~ PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: John C. Bishop Trust Minor Amendment to Development Permit LOCATION: Castle Creek PID# 273513300005 ZONING: AR-10 SIZE: 38+acres OWNERS: Bishop Trust REPRESENTATIVE: Francis I{rizmanich PHONE and EMAIL: 927-4263 i~fi:nz~usp ns.n~_, DATE: August 22, 2007 PLANNER: Lance Clazke 920-5452 Type of Application: Amendment to Development Permit Description of Project/Development: The Bishop Trust parcel was approved for development by a Takings Remediation Resolution No. 150-2003. This approval states that, "The conditions of approval can be relied upon for three years." This period expired in October, 2006. The Applicant desires to extend this period of "reliance" for additional years by amending condition No. 20 of Resolution No.150-2003. Laud Use Code Sections to be addressed in letter of request (aanlicationl• Sec. 2-20-150(b): Minor Amendments Sec. 1: Pitkin County Application Manual; General Applicaton Information Staff will refer the application to the following agencies: Maroon/Castle Caucus Review by: BOCC. (Review is administrative but is being forwarded to BOCC for determination). Public Hearing: No. FEES: $693 (make check payable to "Pitkin County Treasurer") Planning Office flat fee: 5693 (non-refundable; based on 4 hours of staff fime; if staff review time exceeds 4.8 hours, the Applicant will be charged For additional time above 4 hours at a rate of $231/hour) To apply, submit 8 co ies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providmg background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. Previous Land Use Approvals (if applicable); 3. Proof of ownership of subject property; 4. Parcel description, including legal description and vicinity map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from owner(s) to process application and authorizing the representative (1 copy) 8. Copy of this preapp forth (1 copy) NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMITTWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - AT LEAST ONE COPY OFAPPLICATIONSHALL HAVE ALL DOCUMENTS AT NO LARGER TITAN II ' X 17" SHEETS. OOJ041 a-~ - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. D~n~~ LETTER OF AUTHORIZATION Pitldn Co~mty Communrty Development Department 130 South Galena Street Aspen, Colorado 81611 I authorize Francis X. ICrizmanich to r+~+esent me in the Piitkin County Land Use review process for my property, Lot No. 5, Bonaza Placer. OOf1003 PTI'KIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and ~/ U (hereinafter "APPLICANT") AGREE AS FOLLOWS: ?a~~o~ ~~r`L~t1~-I~ ("APPLICANT") -T- I. AP~LICANT h submitted t COUNTY an application for _! IIV] UY' ~ ~yn(~ -`"O a ~/e obl-n h~ pen^M~~ (hereinafter, the "PROJECT"). 2. APPLICANT understands and agees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agee that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agee that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings aze paid in full prior to decision. 6. Therefore, APPLICANT agees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hows of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agees that failwe to pay such accrued costs shall be Bounds for suspension of processing. PITICIlV COUNTY Cindy Houben Community Development Director ~; o ~' ~ TRu,S i ~~- (if applicable) Date: 1~ Mailin ddress: ~j ~y~ ~-'^- O 000004 S. ~, !~' o 0 0 O _ ^~( . ~; \~~\ ~_ ~~ ~~~\ _~\ \\~ 2.r~ i o. ~ a ;~\\~\~_ ~_ ~~ °~~\~~ rx gq $ ~~\\ q 1 # ~~$~ ~ ~~€ l . ~; ~~ l~' -~ ~~°z ~ o \z~ "'~ H O ~ '~ z b~ 1~x M~ M V n FQ 8~ ~- x ~) w CJO iI ~~y~xxx~ y Y a g~ ~ ~ r~ ." ~d ~~ Y ~~ a~~ I ~; IRN ~}~ EC~F Yg~ ~E~ qe: ~p~ ~~ fl! a® R® @@° 9~ / E .U ~.~ ~~ ~~~~ R~ ~ ~~~ ~ F a ~~Ii~~~ k ~~`~• ~ it Y F ~ ~ ~ xg~ ~ ~ ap ~~ 6 ~ ~~ ~~ ~i' a~ ~a C^~ B f y 4 ~ ~ !~ >Rs. ~~Um ~gFRR ~€~~ ~ R a~ a~ ~ d i y~ 8a~ ~ L4 ~`s R q ~ "~~ " ~: R' • A~R ~i px $~R q ~ { p 6ftS 6"^ sad y ~RR ~ ~ ~~~>> ~ S:~ s~ a~~..=i-~~c~ ~ ~4RS4 ~S s~~k: R ~47RM~~ ~#~i~ ~~ -~ ~R~BSa g<R~ ~c=$ R~ ~.... ~ e ; E ; R ew~~~~ #~$~Q~6$~s~a~ N~xge € Ela~dd ~~~~~gaR~~~S ~n ; ~ ~ R~ R~$ ~q€a F~~~L~~~~~ ~ s~Q e~~d~os~gFq~~~ ~ a 4 R~ a~ R S o~ t n- E >aY~ ~'d~ ~~~« RR ;~~~ag Sap4s [~$~ Rg ~# R^> ~ BrYls.~de$ 4~IRR. , &a'wR 9$$$S.v. 9 ~ tln ~d«~~«~~~~~~~~~ R ~ ~~ ~ "~~~~SRRRRRR~~gg~¢a s~'~t gg R:~RYaR:~~«i~~y#~~g ~ 5 ~"S NOON $aXMVaR A d~^: RSd~8~N««~««a~~s~~~R ~ q~ $'R.= gE~ ~~ R~ 3:Y:~' 4 ~ ~€: #as R~d# ~,~ a~~~ ~x $' n 'o R $~ >;ayuaa~„AQ «sa .C ay~.a~~•Y4yr.xy~_ R#. R#> a#> R#~ R#" R#> R#; R#` R#~ Rsr ~R& °a_Rs YR8 ~iQ« Y~« ~~« 'R« ~R~ FR R wFR R sFR R R R Bas Sas a: Say yak ~a~ Sax ~a~ ga ~~~ ~~~ ~~~ ~~~ ~$~ ~aa ~~a ~~~ ~~~ R ~'^ R«" _d R~,^., 4~ R4. R.. Rf~ R~d d> d' d> ~~ ~~ ~~ ~~ ~~ ~~ ~ ~s ~~ q qR CSR R R R R R R ~~ §a ! ~8 ~Y ~_ ~a ~~ Lx 1 a> $,~~ ~ o~ ~a~ g~R F~ $ ~~Y QR~ `~q 9i T 2~2 R ~~; ~Ro yeg ~ . ~~~ d 9 z d __. _. ~ JOHN BLSHOP H16H COUNTRY ENGINEERING INC. Ro. wre ~nsioN Pfii(IN COUNTY, COLORADO ~ ~L iaY'~iu~4"m1pN IA NVmMtii CNM Gff, iIC Flie 6IGLLM000, COIDf f I 16~OOmO.22~p~~ 4 ~ PARCEL 9~BONANZA PLACER wnfe<msnsswr rwxfwanua~s '~"' a.w. X i 1041 HAZARD fsn ~^~~IreM 1pM~~w ~ ~.opn~f fneioe " ~~~ g ~ REVIEW 9PI'E PLAN ww~f.wf 9p8A:. \z~ - o "~ O H [ LTJ ~ O '~] ay ~~z o~ o ~' ~~ a ~„ O ~ CrJ Cn ~~ o x y .~ a -~ 0 z d m H C a H [~J t7 z x ro z n b 9 r a Bishop Family Trust A Request for n Minor Amendment To n Development Permit Prepared by: Francis X. Krizmanich Land Use Planning 79 Light Hill Road Snowmass CO 81654 Phone: (970)927-4263 E-mail: bfxkrizC~sopris.net February, 2008 000006 Table of Contents I. Introduction II. Minor Amendment Criteria III. Attachments: Proof of Ownership 2. Boazd of County Commissioners Resolution No. 150-2003. 3. Vicinity Map. 4. A copy of the approved 1041 Hazard Review Site Plan showing the property and the previously approved building envelope is attached separately. 2 ~0OO~~ I. INTRODUCTION This application for a Minor Amendment to a Development Permit is submitted on behalf of the Bishop Family Trust, the owner of the property (hereafter, the "Applicant"). The purpose of this application is to request approval of a Vested Right to allow the development of the property consistent with the previous approval granted by the Boazd of County Commissioners Resolution No. 150-2003 and the "Bishop1041 Hazard Review Site Plan" which is recorded at the Pitkin County Clerk and Recorder's Office at Book 77, Page 99. Copies of the Resolution and Site Plan are included with this application. The Applicant notes that a Minor Amendment is being requested rather than a Vested Rights extension because Condition number 20 of Resolution No.150-2003 stated: "This takings remediation does not constitute asite-specific development plan and does not obtain vesting. The conditions of approval can be relied upon for three yeazs." This application will address the Land Use Code Sections for a Minor Amendment to a Development Permit, Section 2-20-150(b), and other Land Use Code requirements as outlined by the County Planning Staff in the attached "Pre-Application Conference Summary". If additional information is needed by the Planning staff, the Applicant will make every attempt to provide the requested information. II. MINOR AMENDMENT TO A DEVELOPMENT PERMIT This application is submitted as a Minor Amendment to a Development Permit pursuant to Section 2-20-150(b) of the Land Use Code. The following section will address the criteria outlined in Section 2-20-150(b). (a) Minor Amendments Defined A minor amendment to any development application or permit is one that meets the following criteria, as determined by the Community Development Director: (1) Is consistent with action(s) taken during previous development approvals for the property; and APPLICANT'S RESPONSE: The proposed Minor Arent would grant a Vested Right to allow the completion of the previously approved development. The development has not changed from the previous approval. oQ~Q{]~ (2) Dces not change the use of the proposed development between residential, commercial and tourist accommodation uses; and APPLICANT'S RESPONSE: The proposed use of the properly will remain residential. (3) Does not change the basic character of the approved use of land on which the activity occurs, inGuding basic visual appearance and method of operation; and APPLICANT'S RESPONSE: This application does not request any changes to the approved use of the land. (4) Does not constitute a new land development activity; and APPLICANT'S RESPONSE: This application does not constitute a new development activity. (5) Does not increase off-site impacts in the surrounding neighbofiood; and APPLICANT'S RESPONSE: The granting of a Vested Right will not increase any off-site impacts. (5) Does not endanger the public health, safety or welfare; and APPLICANT'S RESPONSE: The development of a single family residence on this property will not endanger the public health safety or welfare. (7) Does not violate any Land Use Code standard; and APPLICANT'S RESPONSE: The new residence will comply with Land Use Code Standards. (8) Does not substantially increase the need for on-sfte parking or utilities, or affect affordable housing generation; and APPLICANT'S RESPONSE: Development of the residence as previously approved will not increase the need for parking, utilities or affordable housing. (9) Dces not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent APPLICANT'S RESPONSE: This application does not increase floor area or decrease open space VESTED PROPERTY RIGHTS 2-20-170(d) Extension or Reinstatement of Vested Property Rights; Reinstatement of Development Approval This application is not technically a request for an extension of vested property rights because no vesting was granted by the previous approval; however, the Applicant believes that the following criteria will help to provide information to the Board relevant to this request. ~~~~fl~ (1) CRITERIA In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider the following criteria: (1) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights; APPLICANT'S RESPONSE: A major issue in the previous approval was the access to the site. The historic deeded access to the site crossed mud/debris flow areas, steep slopes and avalanche paths. The Board of County Commissioners encouraged the Applicant to seek a safer alternate access to the site across an adjoining property. The Applicant spent the last three years in negotiations with the adjoining properly owner to develop an access easement and improvement agreement. This access and development agreement was finalized this year and a driveway permit was issued by the County in August (2) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expendRures made by the applicant in pursuing the project; APPLICANT'S RESPONSE: The Applicant obtained an access across the adjoining property and has obtained a driveway permit to develop that access as previously encouraged by the County Commissioners. The Applicant has also paid to improve the adjoining owner's bridge over Castle Creek, which will benefit both property owners and result in improved fire safety because it will allow tank truck access that was not previously available over the old bridge. (3) The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications; APPLICANT'S RESPONSE: The applicant has donated land to The MAA campus through a lot line adjustment approved by the County. (4) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. APPLICANT'S RESPONSE: The Applicant and the County will both benefit by the timely completion of this project because the main concern in the original application (access to the property) has been resolved. The development of the site will also enhance the value of the property and add revenue to the County in the form of increased property taxes. o®~~~. ATTACHMENT 1 PROOF OF OWNERSHIP o~~~~ 1 4 Pazcel Detail Pitkin County Assessor/Treasurer Parcel Detail Information Page 1 of 4 Assessot/Treasurer Property Search ~ Assessor Subset Que ry ~ Assessor Sales Search Clerk & Recorder Reception Seazch Basic Building Chaazacteristics ~ Tax Information Pazcel Detail ~ Value Detail ~ Sales Detail ~ ResidentiaUCommercial Improvement Detail Land Detail ~ Photoeraphs Taa Area Acrnunt Number Parcel Nnmber Mill Le 007 R012289 273513300005 26.012 Owner Name and Address BISHOP JOHN C FAMILY TRUST BISHOP JOHN C TRUSTEE 8639 CIMA DR SANDY, UT 84093-7060 Legal Description DESC: LAND IN THE BONANZA PLACER CONT 40.38 AC M/L BK 510 PG 964 LESS 2.32 AC REC 429644 Location Ph sical Address: CASTLE CREEK RD ASPEN Subdivision• Land Acres: 38.06 Land S Ft: 0 Property Tax Valuation Information Actual Value Assessed Value Land: 11,650,000 478,500 Improvements• 0 0 http://www.pitkinassessor.org/assessor/pazcel.asp?ParceINumber=273513300005 8/21/2006 oo~Q~.~ ATTACHMENT 2 BOCC RESOLUTION No.150-2003 5 000013 ezi 45ieea ea:azv f'.LVtA OAVI6 RIiKIN COUarY to R a.8a n a,ee RESOLUTION OF THE $OARD OF COUNTY CONIlKLSSIONERS OF Pl'!'ION COUNTY, COLORADO, FINDING A TAKIlVG AND REd~DL1TIlVG THE TAIQNG FOR THE BISHOP FAMH,'Y TRUST 20d! HAZARD REVIEW AND CONCEPTUAL SiTBMISSION Resoln6on No15L-_Zpp3 RECITALS I . John C_ Bishop Family Trust ("Applicant") applied to Pitkin County for a development allotment through the 2002 !,fora! Area Residential Growth Managemetrt Quota Systmtt Competition for New Subdivision Lots.and Ncrv 35+ Acre p~B The Applicant also requested ]041 Hazard Review and Conceptual Submission. approval to establish a building envelope for the construction of asingle-family - residence. 2. The property is located in the Castle Creek Valley; and ~ mote specifically described as Bonanza Placey Lot S (legal description, Exhibit A). 3• The Property'is zoned AFR-10 and contains 38+ acres, 4. The Planning and Zoning Commission held a duly noticed public hearing on December) 0, 2002, to review and score 2002 Rural Area Residential Growth Management applications for New Subdivisions and 35+Acre Parcels. S. The Commission scored the applications pursuaot to the criteria in Section 9120 of the Land Use Code. The Planning and Zoning Commission scoring is memorialized in P&Z Resolutibn No. 042002. The Commission scored the Bishop Family Trust application at 36.8 poims. This is below the minimum score of 48 points required for an alkx~tion. 6. The Board of Cormty Commissioners, by Resolution No.75-2003, conSrmed the PBrZ scoring and did trot allocate any square footage as a resuh of the 2002 Rural Area Residential GMQS Competition for New Subdivision Lots and Netv 35+ Acre Parcels. 7- The Applicerrt submitted a request for a takings determination pursuant to Sections 3-290, 4-7 50 and 5-220 of the Land IIse Code on June 26, 2003, to deLecmine whe~r t>ro gce~ ~~unty Commissioners' faihlre ~ allocate square footage to the parcel ip the Bishop Family Trust application constiplbes a taking of priva0e property witbom just compensation. 8. The BOCC considered rite takings request at a regular meeting on Jnly 23, 2003, at which time further evidence and testimony were presented with respect to the taking. 9. The BOCC determined that a taking had ocrrorred pursuant to Sections 3.290 and 41 SO of the Code, based on the following findings: A• The Proposed building envelope is the best possible location on the property for development; and B- The denial constitutes a taking of alt reasonable use and economic return from the subject property. 10. The BOCC considered the remediation at a regular meeting on October 22, 2003, at which time fhe conditions of approval were accepted 0~0~14 Resoh¢ionN%57~-?~3 494594 P¢ge2 Page; 2 or e •:SSIVIa eRVI3 PIIKIN CQ11IfY CO 02~17I2a94 la;32P R O.N 0 8.t~ Ttusr requeOst for a1T~l cE.nUonlof SIT RESOLVED by the $OCC the! the denial of the Bishop Family constitutes a ~ outage and1041 Hazard Review and Conceptual Submission faking pursuant to Sections 3-290 and 4150 of the Pitkin County Land Use Code. BE Ii' FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval to the Bishop Family Tract 1041 Hazard Review and Conceptual Submission subject to the following conditions, which shall run with the tend and be binding on all successors in interest 1. Prior m submission of aay earthmoving, access, or building permit applications, tlIe Applicant shall submit a 1047 Hazard Review Site Plan that complies with dre provisions of Suction 5-70-040 of the Land Use Code to the Community Development Department for mylar copy ofthe site plan most be signed bythe owner aPP~ and recording. The prior to submittal for recording. 2. At building permit application, the applicant sba11 surrmrder~one original Certificate of Transferable rI)eve~ to develo is and a copy of the deed evidencing the Applicant's acquisition of the certi5cate p up to 5,750 square feet of floorarea. The property is limned ib 5,750 square feet of floor area as calculated at the tune of a complete building permit submittal in the event the Applicant clects to utilize the access throagb the Music School campus ("Original Access'. The size limimtion related to the use of the Original Access is established as a Iesuh of the hazards associated with the Original Access which crosses known debris flow/mudslide areas as well as areas mapped as blue and red avalanche trazard areas. A. Alternatively, Applicant may access the property through ao easeme.M from Castle Creek Road over Lot 2 of the M.A.A,Inc_ Filing 1 as described in the Amended Plat of Record in Plat Book 4 at Page 466 of the real property records of Pitkin County (also known as the Hall Property, hereinafter referred to as the "Alternate Access"). B. In the event file Applicam elects to utilize the Alternate Access 8re Applicant may seek to increase allowable floor area on the property above 5,750 square felt tbrongh special revue, application for a TDR Receiver Site or through Growth em Com Additional Floor Area. These is rlo prestRnption Managem Petition for C. !o the evem the Alternate Access is a reP~mB ~ rceuk of such applications. lected, the Origins! Access shall be sterilized^. 3. Prior to issuance of any building permit applications, the Applicant shall (items A through G shall be submitted prior to or concurrent with buildmg permit submitta!): A: Obtain ao access/driveway Permit for the driveway, after electing ro utilize 8re Origilril Access or Ahemate Access, which shall be approved by the Community Development Department' and the Fue Marshall ~ ~~eer, the through the Original A aceess/driveway, if ccess, shall be bnitt substamially as p~ the Starmec Consulting, Inc "Proposed Access Road Plan and ProSle and Cross Secfions", Sheets 3 thrwgh 8, as submitted by du applicant with the John C. Bisbop Family Trust 3002 Rural Area Grovvtlr Management application. An additional engineering Ieport on the portion of the proposed driveway/access where it encroaches oathe Keno Gulch mud a~ debris slide path is r+eqursed to ensure to the Cowdy Engrg that downhill properties will be protected and that safe access can be provided. If the Applicant elects to conshilct the accea/driveway through the Alternate Access, aplxoved easemem docrmrents, wmplete P~ Profiles, alyd cross sections for an access permit must be submitted and approved by the County Engine, Community Development' and the Fite Marshall. B. Obtain finpiacelwoodstoveperrnits from fhe Community Developmert Department' if n~n'- C_ Obtain approval from the County Engineer of a drainage and erosion control plan. QQQ(~~ J Resolv6nn No ~Oll3 I ~94rJ9~- J % - dl oa: a or a Page3 ~SILVIa enVla PITK2N CppRy 00 ~~ ~:~ -~ =-_' "_.=~"--:_=-~:~.,. 8 a.80 D 8.08 D- Obtain approval from the County Engineer of a construction management plan. This plan shall include, but not be limited to the following: i. A Traffic Control Plan detailing the ma. ~a~oP.~ent of conshuction and employee traffic on and off Castle Creek Road, along the Music School Road and through then Music School Campus. 2. A Schedule and Methods Statement for the proposed major construction items- This document should specifically address how construction will be accompli~ted without working outside tfie existing easemert. 3. A Staging, Parking, and Material Storage Plan shall be submitted and approved- This plan shall show the location of employee parking, material storage areas, jobSite trailers, temporary utilities, haul roads, emergency access to the work site, and construction staging. No parking, staging, or storage is allowed on County right of way or county property. 4- A Safety Plan shall be submitted for tratYic qnd estruction around the Music School Campus. It should specifically address pedestrian movements through the n°ns-rucci°° row access and how' workers and construction vdticles will pass through the Campus. This Plan shat! be reviewed and approved by the County, the Schools, and all emergency response agencies- !~ Obtain approval from Environmental Health of a Fugitive Dust Control plan, F. Obtain approval from Fnvirovmcntal Health of a septic permit- G. Obtain approval from environmental heahh that well meets setback requirements and that the quantity and quality of the well water are adequate. H- Pay the applicable road impact fee. 4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: Defensible Space: The area aoound al! Ixiitdings/struotures, limited by ProPerb' boundaries which may limit a property owner's ability to etply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: Actual vegetation manipulation to med these editions may not be necessary where the natural vegdation patterns have already fulfilled these conditions): I) Brush, debris and non-ornamenfai vegetation shall be removed within a minimum ten-foot (10') perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty-foot (30') foot perimeter around all structures. 3) Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measuremems shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty-fmt (30') Perimeter shall be pnmed to a height of ten feet (10') above the ground with removal of ladder fuels from around veer and brosh 5) Tree crown separation within the thirty-foot (30') perimeters shall have a minimum of fur fed (10') between the edges of the crowns, except for mature stands of Aspen trees where (adder fuels have been removed 6) All branches that extend over the roof eaves shall be trimmed and alt branches within fifteen fed (15') of chimneys shall be removed. 000016 1~-2003 ResolrrtionNa~ ~945iee~ 83:a2P Page 4 aILVIq WWIa PrrIrIN CalMlrr W R a.oe i ••~ ~ The density of fuels witfiin none-hundred-Foot (100') perimeter of the , structures shall be reduced where nawral reduction has not already occurred g) All deadfall within the one-hundred-foot (100') perimeter sha)1 be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. 10) Position all structures ffi least 30' back from the ridge where the slope drops steeply m Castle Clcek_ 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 roof assembly as defined in the UBC 1997 Section 1504. Wood shake/shingle roof coverings are prohbited Roofs with less than a 3:12 pitch are not permitted uaiess they cemp3' with the following: i_ Atl roof ceveringss stroll be noncombustible materials as defined m the Uniform Building Code (UBC)1997 Section 1504 and installed on a Class A roof assembly. ii. All roofcov~ings shall have a surface that shalt facilitate the normal process of clearirg the roof: iii_ AH r+oof designs shall fac-litrue the natural process of clearing roof debris. Frotrusiorrs above the roofline, such as parapets, shall be prob•bised. iv. Roofs shah be installed as required by UBC 1997 Chapter I S and shall hire a minimum slope of ] :48. v. All reef designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal priorto submittal of a.buildiig Permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh'/, inch maximum. C_ Roofs aid gutteas shall be kept clear ofdebris. D. Yards shall be kept clear of a!1 Iitttx, slash, and flanmable debris. E_ All flammable mataia[s shall be stored on a parallel c~tour a minimum of 15 feex away frets anY structrrre_ F_ Weeds and gra4ses within the 10 foot perimeter shall be maintained 1p a height not more than 6 inches. G. Firetivood/wood piles shall be stacked on a parallel contour a minimum of ] 5 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I_ Fences shall be kept clear of bntsh and debris. I_ Wood fences shall rat connect ro the structure. K. Any outbuildings or additional structure`s shall adhere to the same standards as structures. L. Fuel tanks shall be installed underglound with an appnwed twrrtainer. M. Propane tanks shalt be irLCtalled acLrordmg in NFPA 48 standards and on a eomour away fiom the struc4rre with standard defensrllle space vegetation mitigation around any aboveground tank. Any wood ceclosure amend the tack shat) be constricted with materials approved for 2 hour fire-resistive corLStrllctior on the exterior side of the walls. N• Each structure shall have a minimum of one 10 pound approved ABC fire eaKingiisher Placed in a visible arrd aceessible location O. Addresses shall be clearly marked wide 2 inch non-combtuh-Ille letteas and sha-1 be visible and installed on anon-combustible pose P. ~ New utr7ity lures shall be buried. oooo~a ReaolutioeNo.J~01003 ~ 494594 Page 5 P.ae: s or a .SILVIp OtW15 PITKIN cwltlrv co R f1.N N,17p Nna:a~ 6- The Projem shall meet all the codes and requirements of the Aspen Fire protection district Phis includes but is not limited tp. approved fire suppression system, adequate access and egress, artd ~PP~g the required fire flow for fire fighting purposes. 7. All aeeas disbubed by construction shall be revegetabed with native shrubs and grasses to limit water consumption and additional runoffwithin one growing season of the projects completion. 8- The Applicant shall comply with the mitigation standards for development on steep slopes: a. Adequate meclranica- support shall be provided for cut slopes- b. Adding watey which mat decrease slope stability, shall be avoided. c. Adding weight to the top of the slope shall be avoided. d. Disturbed slopes must be contoured so that they can be revegetaied. e. Steepening of existing slopes shall be avoided. f. Confine cuts, fills ,grading and excavation W the minimum area needed or construction. 9. Potential avalanche warning signs shall be posted prominently on the driveway prior to the locations where the driveway crosses krwwn avalanche paths. 10. Prior to commencmnent of any earthmoving or construction activity, the Applicant shall stake tfie corners of the building envelope and install construction fencing around the perimeter of the building envebpe. The Fencing shall remain in place until issuance of certificate of occupancy. I I. Lighting shall comply with the Pitkin County lighting standards at the time of installation. There shall be no outside lighting beyond the minimum required by the building code on the west side of the residence. 12. Dogs shall be kenneletL 13. The Applicam shall install and use approved bear-proof containers as required by BOCC Ordinance No. 010.2001, the 2001 Wildlife Protection Ordinance. ] 4., Boundary fencing is prohibited. I5. All impacts to wetlands or riparian areas are prohibited. I6. No development including grading, excavation, fiIl piacetnen; berming,landscapmg, vegetation removal or disturbance, well or septic system shall ocwroutside ofthe approved bnilding envelope. Construction staging, parking, utility and driveway extensions and maintenance shall occur within approved building envelope or the access driveway poly. Ali utility lines/pipes shall be buried in the driveway. 17. All structtabs shad ]wive earth-tom colors. All roofs shall be constructed of non- reflective rnaterials. 18. Farlure to comply with these conditions of approval may result in revocation of this permit or any subsequem permits related to this property. 000018 Reaolydion No~.~_2003 494594 Page 6 aage: s or 8 PtiKIN C7UIrtY W a2i 27/2664 1-3:~p '_ -.. _- .. __ R 6.86 D 8-66 i ~- The Appiicant shalt adhere to ail material representations made in the application and public meetings. 20- This takings remediation does not constitute asite- specific development plan and does not obtain v~ng. The conditions of apptoval can be reified upon for threeyeats. TAKINGS AND ItP' MEDIATION APPROVED AND ADOpTI;D ao tine 22nd day of October, 2003. ATTEST: .~~/6~! 1 Jm,~ Deputy County Clerk APPROVED AS TO FORM: )ancec%aseslbishop inking reined reso.doc innmm~ BOARD OF COUNTY COMI~IISSIONERS OF PITKIId COUNTY, COLORADO 3~o ro~_~-r'ris Date• z -io -n /L APPROV&p AS 7'O CONTENT; C' lou ~, ~~ Commnnity Developmetn Director ~D~U~9 ~.[uc nr1JO-Ul 273513300005 FHB-]7-2004 TUE 04:44 Pfl FAX ~ P. 01 SCHEDQLE A - "- -- - --- PROPERTY DESCRIPTION ORDER No: 00020301 494594 Page: 7 of 8 EXHIBIT "A" I gzinrtess aa:azP SILViq Di1VI5 PiTICIM COl/77Y CO R •.gi _ D 0.E0 _J A parcel of land being a portion of the Bonanza Placer M.s. 5840 located in Sections 13, 23 and 24 of Township 10 South, Range 85 West of the 6th P,M „ Pitkin County, Colorado. Beginning at corner number 1 of said Bonanza Placer, t2sence along line 1-2 of said Bonanza Plaee N. 40 degrees 39 minutes W. 797.47 ft. mare or less to the easterly boundary of Lot 1-A of H_A.A_ Inc. Filing No. 1, thence southerly along the easterly boundary of Lot 1-A of M.A.A. Inc. Filing No. 1, S. 27 degrees 17 minutes 39 seconds W, 261.95 ft. more or less, S. 62 degrees 43 misnltes 39 seconds W. 388.70 ft_ S. 23 degrees 47 minutes W. 187.35 ft. more or less to the easterly outside bouadary of B.A.A_ Ine. Filing No. i (amended) :hence Southerly and westerly around the outside boundary of said H.A.A. Inc_ Filing No. 1 (amended) as follows: 5. 11 degrees o0 minutes W. 72.00 ft. S. 40 degrees 40 minutes W. 265,00 ft. 5. 70 degrees 30 minutes W. 209.82 ft. s. 00-degrees ZS minutes 08 seconds W. 803.20 ft. more or less to the Northeast corner of Section 23, thence along the northerly line of Seetion 23 N.; 88 degrees 37 minutes 27 seconds W. 1016.59 ft. more or less to line 3-q of said Bonanza Placer, thence along line 3-4 of said Bonanza Placer S. 27 degrees 45 minutes 15 5ecands W. 241.61 ft_ more oz less to corner number 4 of the Bonanza Placer, _ .. -. .. _ .. .. .... ...... . t'.lence along line 4-5 of said Bonanza Placer S, 28 degrees 38 minutes E. 682.00 ft. more or less to corner number 5 of the Bonanza Placer, thence N. 83 degrees 50 minutes 21 seconds E. 447:2D ft. more or ~~ less to line 30-11 of said Bonanza Placer, thence along line 1o-li of said Bonanza Placer N. 32 degrees~48 minutes E. 1378.72 ft. more or less to coiner number 11 oY the Bonanza Placer, thence along line i1-12 of said Bonanza Placer H. 84 degrees 50 ninutes 50 seconds E. 338.31 ft, more or less to.corner number 12 of the Bonanza Placer, thence along line 12-13 of said Bohanta Placer N. 00 degrees 27 minutes W_ 32.02 ft. mote or less to corner number 13 of the Bonanza Placer, thence alohq lane 13-14 of said Bonanza placer N. 84 degrees 33 minutes E. ?99.47 ::. more or less to corner number 14 cf the 3onznza Placer, `Hence along line 14-15 cf said HOnanxa zlacer N. S4 degrees Sfi Continued on next page ~ ooou~o "rr~t-17-2004 7UE 04:44 PM FAX H0. P. 02 r'` ,~ SCHEDDZE A PROPERTY DESCRIPTION CONTINUED` £R ti0, 00020301 PF.RTY DESCRIPTION CONTZNUED utes E. 151.00 ft_ more or less to corner number 15 of the Lanza Placer, :nce along line 15-16 of said Bonanza Placer West 5.31 £t_ :e or less to corner number 16 of the Bonanza Placer, ante along line 15-1 of said Bonanza Placer North 532.88 ft. .e. or less to corner number i the Point .of Beginning. ]Ilty of Pitkin, State of Colorado 494594 Pape: a of a SILVIq agVIS PI71CIa COUIfY CO •2/77/2aat 63:32P _.__ _ rt a.es p s.w i oooo~i ATTACHMENT 3 VICINITY MAP ©0022 ~~~_ i ~} o .~ J ; - a `~, ^, - ' GOLF COURSE - `y .~ 1 ~ n~ CJ O r a, ~~ ., q O ~~dO °l ~~~\~~\l~~C!~l(i 1.tr,~l.F~r~/'C~~~Y-~ :_!. if (, ~; (~ f FIGURE 1. Location map showhng prop~p with to `Aspen and Castle CYeek. 'S~. 1~ . ~,y~ 000l1~3 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920-5526/FAX# (970) 920-5439 Mazch 31, 2008 Francis Krizmanich 79 Light Hill Road Snowmass, CO 81654 bfkriz@sopris.net Re: Bishop Trust Minor Amendment to a Development Permit (PID#2735-133-00-005; CASE#P042-08) Deaz Mr. Krizmanich: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in chazge of the review will request the information from you directly. We have scheduled this application for review by the Boazd of County Commissioners on Wednesday, May 28, 2008, at a meeting to begin at 12:00 P.M. in the Plaza. One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered fmal and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. If you have questions, please call Lance Clarke, the planner assigned to your case, at 920-5452. Sincerely, Bonnie Waechtler Administrative Assistant • PTI'IQN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Mazoon/Castle Caucus FROM: Lance Clarke, Community Development Department RE: Bishop Trust Minor Amendment to a Development Permit, (CASE P042-O8; PID 2735-133-00-005) DATE: March 31, 2008 Attached for your review are materials for an application submitted by Bishop Trust. The Board of County Commissioners will review the application on Wednesday, May 28, 2008. Please return your comments to me by Friday, May 9, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITKIN CC~ITY COMMUNITY DEVELOP~NT Permit Receipt RECEIPT NUMBER 000256111 Name: Francis Krizmanich Date:3/21/2008 Project Address: NO ADDRESS ASSIGNED Type: check # 1624 Permit Number Fee Description Amount 0042.2008.PLAN PP- Flat Fee 693.00 Total: 693.00 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER