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DETERMINAT)ON
Janice K. Vos Caudill, Pitkin County, CO
DETERMINATION OF' ^ nr, n...-a..,....,_ . _.,~.__ __ _ ___ Y DEVELOPMENT
DEPARTMENT OF PITF;IN COUNTY, COLORADO, APPROVING THE ASPENEYES LLC
ACTIVITY ENVELOPE, SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER
SITE AND CARETAF:ER DWELLING UNIT, AND MINOR PLAT AMENDMENT
Determination No. ~-2008
RECITALS
1) Aspeneyes LLC (hereafter "Applicant") have applied to the Pitkin County Hearing Officer (hereafter
"Hearing Officer") to establish an Activity Envelope to remodeUexpand/replace the existing single-
family residence and to construct a bam and a cazetaker dwelling unit. The Applicant is also requesting
special review approval and GMQS exemption to utilize up to three TDRs to develop up to 13,250
square feet of floor area. The lot is within a designated scenic view protection area as seen from Castle
Creek Road. The Applicant is also requesting approval of a Minor Plat Amendment to eliminate the
building envelope from the recorded plat.
2) The property is located at 8720 Castle Creek Road, and described as Lot 2, Navratilova Lot Split.
3) The lot contains 21.2 acres and is a conforming size lot in the AR-10 zone district.
4) The BOCC approved the Navratilova Lot Split in 1990. The final plat was recorded in Plat Book 24 at
Page 12, and amended in Plat Book 31 at Page 72. The BOCC approved the relocation of the
building envelope on Lot 2 to avoid an avalanche hazard azea that was not identified during the
original review, pursuant to Resolution No. 93-44; the revised envelope was recorded in Plat Book 31
at Page 72. The existing residence was built in 1994 and contains approximately 3,225 square feet of
floor area.
5) The Hearing Officer heard this application at a duly noticed public hearing on October 28, 2008, at
which time evidence and testimony were presented with respect to this application.
6) The Hearing Officer finds that the request complies with the applicable provisions of the Land Use
Code, as follows:
A) The Activity Envelopes are located on slopes of less than 30%, and the small areas of slopes in
excess of 30% qualify as minor slope anomalies pursuant to Sec. 7-20-20(c)(3) of the Code.
B) The debris flow hazard and medium wildfire hazard can be mitigated.
C) The activity envelopes for the primary residence and the barn/caretaker dwelling unit are located
outside of the red and blue avalanche hazard areas that affect the lot. The existing driveway is
located within the red avalanche hazard area; the Applicant has designated an activity envelope to
relocate the driveway to avoid the red avalanche hazard area. The driveway will cross the blue
avalanche hazard area; avoidance of the blue hazard area is impossible.
D) The use of three TDRs on the site is appropriate, given the limited visual impact as seen from
Castle Creek Road and compliance with the other special review criteria.
E) The proposed caretaker dwelling unit complies with the applicable provisions of the Code.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development
Heazing Officer that he does hereby approve the Aspeneyes Activity Envelope, Special Review and GMQS
Exemption for TDR Receiver Site and Caretaker Dwelling Unit, and Minor Plat Amendment, subject to [he
following conditions, which shall run with the land and be binding on all successors in interest:
Determination No. ~~ -2008
Page 2
1) The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2) Prior to submission of any building or other development permit applications, 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. The Site Plan Review application shall address the following, in addition to the other
requirements specified above:
A) Demonstrate compliance with the standards in Sec. 7-20-120.d for development within the Scenic
View Protection Area and the rural chazacter guidelines for building location in Sec. 7-20-120.e
of the Code.
B) Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that
complies with the then current OWTS regulations.
C) Demonstrate that a driveway can be constructed in compliance with the County's driveway
standards and provide a report from a qualified avalanche expert addressing the potential hazard
to the driveway and recommended mitigation, if necessary.
D) Demonstrate that the existing debris flow diversion berm continues to be adequate to mitigate the
hazard and will be maintained, or provide alternative mitigation.
E) Submit a landscaping and tree removal/mitigation plan.
3) Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for
approval by the County Attorney and Community Development Director an Activity Envelope Plan
in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The
above referenced approvals shall be a condition precedent to finalization and recordation.
Concurrently, the Applicant shall submit for approval by the County Attorney and Community
Development an amended plat for Lot 2.
4) The lot is exempt from Growth Management for up to 5,750 square feet of floor area. At building
permit application for the new development, the Applicant shall surrender up to three TDR
Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if
applicable), in order to develop in excess of 5,750 and up to 13,250 square feet of floor area. The lot
contains 21.2 acres, and, therefore, a bam of up to ],230 square feet is exempt from growth
management and does not count as floor area.
5) Prior to issuance of a building permit application to remodeUexpand/replace the residence and/or to
construct the bam and caretaker dwelling unit, the Applicant shall:
A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and
Natural Resources Department. Any building permit application submittal shall include
demonstration that the water supply is adequate for each dwelling unit for which a permit is
requested (i.e., the principal residence and/or the CDU).
B) Complete afireplace/woodstove registration form with the Community Development
Department, if necessary.
C) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site
disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of
Colorado.
Determination No. ~~ -2008
Page 3
D) Obtain a County access/driveway permit acceptable to the Aspen Fire Protection District and
County Engineer for the relocation of the driveway. Where utilities are to be extended within the
driveway, utility line locations shall be shown on the drawings.
E) Submit a construction management plan for review and approval by the Planning Engineer.
F) Pay the applicable road and employee housing impact fees.
G) Obtain a permit from Environmental Health and Natural Resources to expand the existing on-site
wastewater disposal system and/or to construct a new system. The existing system shall be
properly abandoned, if it is not retained.
H) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
I) Submit a deed restriction for the barn for review and approval by staff; the deed restriction shall
be recorded prior to issuance of a building permit for the barn.
6) Areas disturbed by construction shall be re-vegetated within one growing season of the project's
completion.
7) The Applicant shall comply with the following standards for Development in a Medium 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 ] 0'
perimeter around all structures.
2. All branches from trees and brush within 30' of all structures shall be pruned to a height of
10' above the ground with removal of ladder fuels from around trees and brush.
3. All deadfall within 60' of al] structures shall be removed.
4. No flammable mulches shall be placed within two (2) feet of a residence.
5. Aspen trees are allowed, but not within 10' of any structure. No trees shall be within 15' of
any window.
6. Shrubs or conifers are not allowed within 15' of the driveway. Aspen/cottonwoods are
permitted within 10' of the driveway, but shall be pruned to 6' above the ground.
7. Low vegetation shall be kept mowed to less than 6" within 10' of either side of the driveway.
8. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B) Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building
Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless
they comply with the following:
1. All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
Determination No. ~-2008
Page 4
4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal] prior to submittal of a building permit application.
C) Water Supply for Fire Safety
1. Individual structure water supply and storage shall be accessible to fire department vehicles
from the exterior of the structure through a fire departrnent approved mechanism (such as a
fire hydrant). The lot shall have a minimum 20,000 gallon water storage tank (or alternative
approved by the Fire District).
2. In-house sprinkler systems that meet the standards of the AFPD and the adopted Building
Code shall be installed in all new buildings.
D) Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (''/a)
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 indoors or 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 (15) feet
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.
1 1. 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
anon-combustible post.
8) The Applicant shall comply with the following conditions regarding wildlife:
A) Manipulation of vegetation outside of the Activity Envelopes is prohibited, other than as
necessary for weed management or wildfire mitigation. Landscaping shall be limited to the
designated Activity Envelopes.
B) New fences shall comply with the following:
1. Mesh or woven wire fences are prohibited.
2. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
Determination No. ~ ~ -1008
Page 5
3. Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
C) Fruit bearing trees and shrubs shall be prohibited within the Activity Envelopes.
D) With reasonable notice to the property owner, access shall be provided to the Colorado Division
of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a
wildlife emergency.
E) Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during
construction.
F) Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever
style door handles shall be avoided on the exterior of the house. Composing shall be limited to
yard waste.
G) Horse grains, pellets, and cookies shall be stored indoors or in bear resistant containers.
H) Contractors shall be prohibited from bringing dogs on-site during construction.
9) No development shall occur outside of the approved activity envelopes, with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above and
restoration of the existing driveway segment that is to be abandoned.
10) Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelopes and install construction fencing around the construction site
within the perimeter of the envelopes. The fencing shall remain in place until issuance of a Certificate
of Occupancy.
11) The caretaker dwelling unit shall be limited to not more than 1,000 net livable square feet. The kitchen
shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil,
sink of at least 14"W X 16"D X 5.25"H, and at least a,5.3 cubic foot refrigerator and 0.73 cubic foot
freezer. A minimum of two off-street parking spaces shall be provided for the unit. The caretaker
dwelling unit must have separately accessible utilities. This does not preclude shazed utilities.
12) Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall
be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit
with 48-hours' notice to the owner.
13) No structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above
or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from
the most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
14) No calculations for height, bulk, setback, size, floor azea, 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.
Determination No. ~-2008
Page 6
IS) Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
October 28, 2011.
16) 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.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
10`" day of August, 2008.
APPROVED AND ADOPTED this 28`s day of October, 2008.
PUBLISHED AFTER ADOPTION FO VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the ~ day of, 2008.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
G l l.l~ t ~ (,. G~ r
Bonnie Waechtler, Administrative Assistant
By
James R. True, Heazing Officer
Date l p`~ g
APPROVED AS TO FORM:
h __~
John Ely,
County rney
APPROVED AS TO CONTENT:
Cindy~Iouben,
Community Development Director
P087-08;PID#290918301002