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HomeMy WebLinkAboutpitkin.planning.264327400008 (2009)~~~iJll~~li~'I' I,~~f?LT~ TIIIS FILE 1t~IAY OR 162AY NOT CONTAIN ALT. OF TIIE INFOItNEATION LISTED I&ELO~J IN TIIE FOLLO~TVING OItI3ER Snannaretary SCneet t~esolantion fcr tEte BOCC acn~F/or P&~ Oreliaannce for tEne ~OCC atTd/or PcaZ IDeterusi~aatnon for tine Ileari~g Officer Adcaai~istrative I3eter~ination Staff 1Vleaano Appiicatiocn ParbEic N®tice, Aceeptanflce Letter, Iteferrai(s) Letter Site Plan A'Iiscellaneo~as Plat(s) RECEPTION#: 559101, 0 511 9/2 0 0 9 at 11:57:31 AM, 1 of 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PTTKIN COUNTY, COLORADO, DENYING THE ASPEN SUMNER CORPORATION REQUEST FOR AN EXTENSION OF VESTED REAL PROPERTY RIGHTS ResoluHou No. dj 2009 RECTfAL5 1. Aspen Sumner Corporation ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to request a six month extension of the vested rights associated with an Activity Envelope, Site Plan, Special Review for a CDU, and Special Review for a TDR receiver site approval. 2. The property is located on the north side of McLain Flats Road and is described as Lot 12 and 12a of the non-BOCC approved White Horse Springs Subdivision (Legal Description, Attachment A). 3. The Lot is zoned RS-20 and is approximately 12 acres. 4. The Lot is currently vacant. The Lot received Activity Envelope, Site Plan, Special Review for a CDU, and Special Review for a TDR approval pursuant to Hearing Officer Determination No. 07-2008. This Determination was appealed and the BOCC upheld the Determination pursuant to Resolution No. 122- 2008. 5. The BOCC heard this application at a duly noticed public meeting on April 22, 2009 at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the Lo[ and the development approval do not provide for a County need and there is no benefit to the County for extending the vesting period for this approval. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Aspen Sumner Corporation Extension of Vested Rights request DENBgD on the 22nd day of April, 2009. f: BOARD OF COUN"fY COMM[SSIONERS ~ OF P KIN COUNTY, COLORADO ;Jones, Patti Kay-Clap ,Chair Clerk and Rec der Date: .5--~9-Loo9 APPROVED AS TO FORM: APPROVED AS TO CONTENT: --- ~_ John EI , v `u Y /~ Cindy Houben, County.Atto erlfy Community Development Director Case #PO15-09/P1D 2643-274-00-008 Attachment A Legal Description SUB:WHITE HORSE SPRINGS BLK:2 T:12 & LOT:12A SECT,TWN,RNG:27-9-85 DESC: TRACT OF LAND IN LOT 16 CONT 3.0 AC IN BK '224 PG 481 A TRACT OF LAND IN LOTS 16 8c 17 10.00 AC M/L DESC BY M/B BK i 198 PG 512 IN BK 200 PG 147 BK 282 __ PG 844 L MEMORANDUM TO: Boazd of County Commissioners Regulaz Meeting -April 22, 2009 ''~C~ THRU: Cindy Houben ommunit~~yJJ~~JJ/Development Director FROM: Mike Kraemer, Planner 1~~//< RE: Aspen Sumner Corporation Extension of Vested Rights SUMMARY: Pursuant to Section 2-20-170, the Applicant is seeking a six month extension of the vested rights associated with an Activity Envelope, Site Plan, Special Review for a CDU, and Special Review for a TDR Receiver Site approval. APPLICANT: Aspen Sumner Corporation REPRESENTATIVE: Glenn Horn LOCATION: The Lot is located off McLain Flats Road and is generally described as Lot 12 and 12A of the non-B000 approved White Horse Springs Subdivision (Legal Description Attachment A). ZONING/LOT SIZE: The Lot is zoned RS-20 and contains 12 acres. EXISTING CONDTTIONSBACKGROUND: The Lot is currently vacant. The L,ot received Activity Envelope, Site Plan, Special Review for a CDU, and Special Review for a TDR approval pursuant to Heazing Officer Determination No. 07-2008. This Determination was appealed and the BOCC upheld the Determination pursuant to Resolution No. 122-2008. Due to scheduling constraints and timing of submittal documents by the appellant, approximately 6 months passed before the BOCC heazd the appeal and took action. At the hearing, the Applicant asked the BOCC to consider an extension of the vested rights. The BOCC recommended the Applicant submit an Extension of Vested Rights application. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting a six month extension of vested rights. Pursuant to section 2-20-170(d), the BOCC shall consider the following criteria in reviewing a request for an extension of vested property rights: 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: There were no conditions that required performance. 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: The Applicant has stated that there has been progress made in pursuing the project. The Applicant's azguments are outlined on page 3 of the proposal. 3. The nature and extent of any benefits already received 6y the County as a result of project approval, such as impact fees or land dedications. Response: The Applicant has stated that approval for use of TDRs and the CDU, once constructed, will benefit the County. The Applicant has not submitted for a building permit and therefore no impact fees have been collected. The Applicant has not offered any land to the County. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: Staff does not envision any County needs will be served by extending the vesting period for the subject development approval. The Applicant's desire to elongate the vesting period of the development approval will serve the Applicant's need to complete other private transactions prior to construction of the residence. The Applicant has also argued that because of the length of the appeal process, out of fairness this request should be granted. Staff concurs with the Applicant that the appeal process was abnormally long however, Staff feels this argument is not supported by the criteria for an extension request. RECOhIMENDATION: Staff recommends that the BOCC adopt a motion to deny the Aspen Sumner Corporation Extension of Vested Rights, subject to the attached Resolution. Application provided separately '~~3U~~U4 RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PTTIQN COUNTY, COLORADO, DENYING THE ASPEN SUMNER CORPORATION REQUEST FOR AN EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. -2009 RECTTALS 1. Aspen Sumner Corporation ("Applicant") has applied to the Pitkin County Boazd of County Commissioners ("BOCC") to request a six month extension of the vested rights associated with an Activity Envelope, Site Plan, Special Review for a CDU, and Special Review for a TDR receiver site approval. 2. The property is located on the north side of McLain Flats Road and is described as Lot 12 and 12a of the non-B000 approved White Horse Springs Subdivision (Legal Description, Attachment A). 3. The Lot is zoned RS-20 and is approximately 12 acres. 4. The Lot is currently vacant. The Lot received Activity Envelope, Site Plan, Special Review for a CDU, and Special Review for a TDR approval pursuant to Hearing Officer Determination No. 07-2008. This Determination was appealed and the BOCC upheld the Determination pursuant to Resolution No. 122- 2008. 5. The BOCC heazd this application at a duly noticed public meeting on Apri122, 2009 at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the Lot and the development approval do not provide for a County need and there is no benefit to the County for extending the vesting period for this approval. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Boazd of County Commissioners that it does hereby deny the Aspen Sumner Corporation Extension of Vested Rights request DENIED on the 22"d day of April, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones, Deputy Clerk and Recorder Patti Kay-Clapper, Chair Date: APPROVED AS TO FORM: John Ely, County Attorney APPROVED AS TO CONTENT: ~ «~ Cindy Houben, Cammnnity Development Director Case #PO15-09/PID 2643-274-00-008 ~J~'JU3 Attachment A Legal Description ISUB:WHITE HORSE SPRINGS BLK:2 ~LOT:12 & LOT:12A jSECT,TWN,RNG:27-9-85 DESC: TRACT OF 'LAND IN LOT 16 CONT 3.0 AC IN BK -__ ',224 PG 481 A TRACT OF LAND IN LOTS ,16 & 17 10.00 AC M/L DESC BY M/B BK 198 PG 512 IN BK 200 PG 147 BK 282 _. _. IPG 844 `~~~9`;fl~z Davis Horn~• PLANNING & REAL ESTATE CONSULTING January 22, 2009 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Sumner Corporation: Extension of Vested Property Rights Deaz Mike: The Aspen Sumner Corporation (applicant) is represented in this land use application by Glenn Horn and Alice Davis of Davis Horn Incorporated. The applicant owns Lots 12 and 12A in the Whitehorse Springs Subdivision. The property has current approvals in place for an Activity Envelope and Site Plan Review and Special Reviews for a Caretaker Dwelling Unit and a TDR Receiver Site. The vested property rights for these approvals are due to expire on May 29, 2011. There was an appeal to the May 29, 2008 approval for the subject property that took six months to complete. The appeal, from a neighboring property owner, was denied pursuant to Board of County Commissioner (BOCC) Resolution No. 122-2008 and the approval, Hearing Officer's Determination No. 07-2008, was upheld. Therefore, as wa: discussed by the Board of County Commissioners at the appeal hearing, the applicant is requesting an extension to the Vested Property Rights for, at a minimum, the six month time period of the appeal since the approved project was delayed for those six months while the unsuccessful appeal was heard. This application requests an extension of Vested Property Rights until November 25, 2011, six months after the current approvals are due to expire on May 29, 2011. The six month extension of vested property rights would then be extended from the current expiration date of May 29, 2011 until November 25, 2011. As was understood when this extension was requested and discussed at the appeal hearing, the criteria in the land use code section regarding the extension of vested property rights are not pertinent. As was also discussed at the appeal hearing, this request is coming soon after the denial of the appeal of the Hearing Officer Determination and eazly in the current vesting period so that the facts of the case are still fresh. This land use application summazizes the background, gives all the prior approval documents and requests approval for the extension of vested property rights. 215 SOUTH MONARCH 5T. ~~it~5~.~ d* 2`~ ALICE DAVIS AICP7S GLENN HORN AICP SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5780 adavis~roF.net ghornCalrof.net Background The subject property is a vacant lot located on McLain Flats Road and is commonly described as Lots 12 and 12A of the White Horse Springs Subdivision. A map showing the location of the property is found in Attachment 1 and the legal description is in Attachment 2. The lot contains 12 acres and is zoned RS-20. The parcel identification number is 2643-274-00-008. Please refer to Hearing Officer Determination No. 07-2008 in Attachment 3 to this application. This document approved an Activity Envelope and Site Plan Review for the subject property along with Special Review approvals for a Caretaker Unit and a TDR Receiver Site. The current approval allows the subject property to be developed using TDRs up to 15,000 square feet from a base 5,750 square feet. Attachment 4 is BOCC Resolution No. 122-2008 which denies the appeal of the Hearing Officer Determination granting the approvals. Previous land use approvals for this lot include Hearing Officer Determination No. 29- 2002 and Hearing Officer Determination No. 32-2005. The 2005 approval was still vested with a building envelope and TDR Receiver Site when the 2008 approval was requested and obtained. These documents are found in Attachment 5 and 6. Vested Property Rights Section 2-20-170 (c) and (d) A pre-application conference summary for the current request is found in Attachment 7. This section of the application addresses this section of the Code as required. (c) Term of Vested Property Right (1) THREE YEAR TERM If an applicant has requested and obtained a vested property right under C.R.S. 24-68-101 et. seq., that vested right shall expire three (3) years from the date of approval, unless extended pursuant to subsection (d) below. As stated in the Code section quoted above, vested property rights expire three years from the date of the land use approval, unless extended. Approval was granted on May 29, 2008 and the expiration according to the existing approval documents would be May 29, 2011. However, the applicant could not proceed with the use of the property because an appeal to the approval was filed and the use of the property was not allowed until the appeal process was over. The appeal, filed by an adjacent property owner, was denied by the BOCC at a meeting on November 5, 2008, with the final BOCC Resolution documenting the appeal denial signed and approved on November 25, 2008. A copy of this BOCC Resolution denying the appeal was received by the applicant in January, 2009. Therefore, the applicant feels the fair and just action is to extend the vesting on the property, at a minimum, for the six month period that the property was tied up in the Q~iJ~C:: unsuccessful appeal process. This would extend the expiration of vested property rights until November 25, 2011. At the appeal hearing before the BOCC in November 2008 when the BOCC decided to deny the appeal request, this extension was requested by Davis Horn Inc as the applicant's representative. Staff and the BOCC understood and were sympathetic to the request, but felt the more appropriate action was for the applicant to return to the Commission at a later date to ask for an extension. That is what we are doing at this time. We are making this request early in the vesting period while the issue is still somewhat fresh on everyone's minds. (d) Extension or Reinstatement of Vested Property Rights; Reinstatement of Development Approval Pursuant to this section of the Code, Section 2-20-170(d), the Board may extend vested property rights for a period of up to three years, longer than three years is possible if requested and approved. No additional public hearing is required. As the subject property's land use approval, after the delay due to the appeal, is very recent, the four criteria for consideration in a request for an extension aze not relevant. These four criteria aze summarized, and as much as possible, addressed below. a) The applicant's compliance with any conditions requiring performance prior to the date of application for the extension; No conditions have required performance prior to this time. b) The progress made in pursuing the project to date, and the expenditures made by the applicant in pursuing the project; The applicant has spent a great deal of time and money in the original approvals, in addressing and waiting for the appeal process to be addressed and completed and in pursuing TDRs. (No TDRs were purchased due to the appeal process.) Now, more time and money is being spent for this extension request. The applicant is following this procedure as was suggested at the BOCC hearing on the appeal. The application fee for this request to extend vested property rights, $1,398, is expensive given the unique circumstances involved. The uncertainty of an approval, particularly with a new Board member seated since the appeal was heard, is difficult for the applicant as well. We request your understanding that the costs in time and money aze significant for a six month extension, particularly when an extension could have been approved at the time of the appeal if a provision for extension was available at the time. Therefore, the applicant is requesting the BOCC consider a three year extension to the current expiration date, to a new expiration date of May 29, 2014. The applicant must sell another property prior to development of the subject property. In light of the current economic situation and the current slower real estate market, more time maybe needed to sell that other property and a longer vesting period would be quite helpful. ~~~f ({ ~n c) The nature and extent of any benefits already received by the County as a result of the protect approval Though not realized yet, the County will benefit from the provision of a desirable Caretaker Dwelling Unit and through the use of TDRs. The TDRs will preserve properties in the Rural and Remote zone, providing benefits to the community and the County. d) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. The subject project will eventually provide many public benefits, so an extension will serve both the County and the applicant. Due to the economic situation, it may take more time than expected for the applicant to sell another property, a sale which is necessary to finance the approved development of the subject property. Therefore, granting an extension may prevent the unnecessary use of further time and money by the County staff and by the applicant on another approval or extension of vested property rights in the future. These four criteria are not as relevant to the current request for an extension as so little time has passed since the approval was upheld and due to the unique circumstances involved. Based upon all the information, and considering what is fair and just, we request the approval of an extension of the expiration of the vested property rights for Whitehorse Springs Lots 12 and 12A until November 25, 2011 six months from the current May 29, 2011 expiration date. The following attachments are included for your reference: Attachment 1: Vicinity Map; Attachment 2: Legal Description; Attachment 3: Hearing Officer Determination No. 07-2008; Attachment 4: BOCC Resolution No. 122-2008; Attachment 5: Hearing Officer Determination No. 29-2002; Attachment 6: Hearing Officer Determination No. 32-2005; Attachment 7: Authorization Letter from Property Owner; and Attachment 8: Fee Agreement Signed by the Property Owner. Thank you for your consideration and please call if you have any questions or concerns. Sincerely, DAMS HORN INCORPORATED GLE HORN AICP ~J V~{J ~.JC ASPEN -SU ' SCHEDULE A OrderNtunber.• ooaz47sz ~Et~.m~~,1 ~o. ~+ -aooa- LEGAL DESCRIPTION Parcel 1: ATTACHMENT Z --~--~~ A tract of Zand situated }ft Lot 16 of Section 17, Township 9 South, Range BS West~of the 6th Principal Ker_i_d3an, pitki_n _ County, Co orado, described as follows: Beginning at a point whence the Southeast corner of said Section 27 bears S. 11 degrees 09 minutes 45 seconds E. 1865.00 lest; thence N. 68 degrees 09 minutes 15 seconds E. 370.08 Feet to a point on the Westerly line of a 60-foot roadway easement; thence S. 17 degrees 20 minutes 30 seconds E. 108.57 feet along the Westerly line of. said 60-foot roadway easement; thence S. 03 degrees 44 minutes 30 seconds E. 61.35 teat along the Westerly lute of said 60-foot roadway easement; thence S. 19 degrees IO minutes 30 seconds W. 111.53 feet along the Westerly line of said 60-foot roadway easement; thence S. 14 degrees 57 minutes 30 seconds W. 130.51 feet along the Westerly line of said 60-foot roadway easement; thence S. 00 degrees 10 m;^vtes 30 seconds W. 156.56 feet along the Westerly Zinc of said 60-foot roadway easement; thence S. 06 degrees 55 minutes 30 seconds E_ 133.69 feet along the Westerly line of said 60-foot roadway easement; thence S. 68 degrees 09 minutes 15 seconds W. 83.71 feet; thence N. 21 degrees 50 minutes 45 seconds W. 616.19 feet to the Point of 3eginning. Parcel Z: A tract of Zand situated is Lats 16 and 17, Section 27, Township 9 South, Range 85 West of the Sixth Principal Keridian, described as follows: Beginning at a point whence the Southeast corner of said Section 17 bears South 11 degrees 09 minutes 45 seconds East 1865.90 feet; thence South 68 degrees 09 minutes ZS seconds West; 708.98 feet to the Easterly Zine of the County Road; thence South 12 degrees 03 minutes 40 seconds East 538.13 feet along the Easterly line of the County Road; thence South 17 degrees 53 mi:vtes 40 seconds East 78.60 feet along the Easterly 1=rte of the County Road; thence North 68 degrees 09 minutes 25 seconds East 698.70 feet; thence North 11 degrees 50 minutes 45 seconds West 6I 6.19 feet Lo the point of beginning. County of Pitkin, State of Colorado. IIIIIIIIIIIII~IIIIIII~IIIIIIIIIIIIIIIIIIIII 49 ©965 6 ~7 tN COI~NTY CO ~ill~illllll 08/14/2002 11:24F ~~~, ~i~ f R 0.00 D 0.00 ATTACHMENT __~____ DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ASPE]V SUMMER GROITP ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW FOR A CARETAKER DWELLING OMIT, and SPECIAL REVIEW FOR A TDR RECEIVER SITE Hearing Officer Determination Nol~-2008 RECITALS 1. The Aspen Sumner Corporation ("Applicant") has applied to the Pitkin County hearing Officer ("Hearing Officer") for Activity Envelope, Site Plan Review, Special Review for a Caretaker Dwelling Unit (CDU), and Special Review for a Transferrable Development Right (TDR) Receiver Site to construct a 15,000 square foot single family residence. 2. The Lot is located on Mclain Flats Road and is commonly described as Block 1, Lots 12 and 12a of the non-B000 approved White Horse Springs Subdivision. PID#: 2643-274-00-008. (Legal Description, Attachment A). 3. The Lot contains approximately 12 acres and is in the RS-20 zone district. Currently,. the lot is undeveloped and contains irrigated pasture. 4. Two previous land use approvals exist for this Lot. These approvals include Hearing Officer Determination No. 29-2002 and Hearing Officer Determination No. 32-2005. The latter approval is still vested with a building envelope and TDR Receiver Site up 10,750 square feet. S. The Applicant submitted a complete application after Iuly 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code as amended. 6. The Hearing Officer considered this application at a duly noticed public hearing on April 15'h and May 20"', 2008 at which time evidence and tesfimony were presented with respect to this application. 7. The Hearing Officer finds that the property has the ability to locate residential development in compliance with Site Plan review. A natural topographical feature has been utilized to screen the residence from McLain Flats Road, a scenic corridor. The Hearing Officer further ftnds that the Applicant has sited development to avoid a large portion of irrigated pasture. 8. The Hearing Officer also finds that the Lot is (1) eligible to receive 4 TDR's; (2) can accommodate the proposed development on a constrained free site subject to the conditions outlined below, and (3) can accommodate a CDU. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Aspen Sumner Corporation Activity Envelope and Sitc Plan Review, and Special Review for a TDR Receiver Site subject to the following conditions, which shall run with the land and be binding on all successors in interest. 1. The Applicant shall adhere to ali 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. At the time of building permit submittal, the Applicant shall surrender the TDR's for additional floor area up to ] 5,000 square feet from a base 5,750 square feet. s~.~~ts ~ RECEPTION#: 550178, 06/1p120D8 at 03:09:14 PM, t OF 7, R $0.00 Doc Code DETERMINATION Janice K. Vas Caudill, Pitkin County, CO Hearing Oj~cer Determination NoI~-2008 Page 3. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be pernitted under building and zoning regulations. 4. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Artorney and Conununity Development an Activity Envelope and Site Plan that illustrates the approved building envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Site Plan shall also incorporate the following changes: a) The Activity Envelope and Site Plan shall show all locations of development, including landscaping, as represented in the Site Plan dated May 7, 2008 and the Conceptual Landscape Plan dated May 13, 2008; b) Create signing blocks for the Hearing Officer, Clerk and Recorders, and owners. 5. The Applicant has represented an Activity Envelope that encompasses the entire Lot and a Site Plan that shows where development including landscaping has been located to avoid the inigated pasture. Landscaping will not be approved in this pasture. 6. The Applicant shall comply with all representations made in the Site Plan Review including but no[ limited to the following: a) Utilization of earth tone colors and materials on the building fagade; b) Installation ofnon-reflective roofing; c) All lighting shall comply with the Code. There shall be no driveway lighting. Prior to issuance of a building permit application for the residence, the Applicant shall; A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. If necessary obtain a County accass/driveway/turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. D. Subrnit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. E. Submit engineered plans for retaining walls greater than four feet in height. F. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. G. Pay the applicable road and employee housing impact fees. H. Obtain a permit for construction of the ISDS. 9 Standards Applicable to All Wildfire Hazard Areas: Development is allowed in wildfire hazard areas subject to conformance with the following development standard. ~is ~ ''v t`.D Hearing Officer Determination No~-2008 Page 3 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): a) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten- foot (10') perimeter around all structures. b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) limes the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum often (] 0) feet between tbe edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed, ht areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. fl All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (IS) feet of chimneys shall be removed. g) The density of fuels up to a one hundred (100) foot perimeter of the structures shalE be reduced where natural reduction has not akeady occurred. h) All deadfall up to a one hundred (100) foot perimeter shall be removed. i) No new conifer trees shall be planted within ten (10) feet of a residence. j) No flammable mulches shall be placed within two (2) feet of a residence. k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff's Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation, C. Water Supply for Fire Safety Hearing Officer Determination No. ~ 2008 Page 4 a) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire deparhnen[ vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The Lot shall have a minimum 20,000 gallon water storage tank. Verification of the c;losest hydrant satisfactory to the AFPD can mitigate this requirement. c) All new development shall conform to the appropriate building Code(s) with regard to sprinklering structures.. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: a) Low Hazard Area 1. Roofing Materials 2. Class A covering or Class A Assembly as defined by the currently adopted Building Code. 3. No wood shakes or shingles. 4. All other adopted Building Code compliant methods and materials permitted. E. All Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfre Hazard Areas unless they comply with the following: a) All roef coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. b) Al] roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. e) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. ~ Cr` c ;.` ~ 1 Hearing Officer Determination Nev7 -2008 Page S F. Maintenance and Miscellaneous Requirements a) Roofs and gutters shall be kept clear of debris. b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/<) inch maximum. c) Yards shall be kept clear of all litter, slash and flammable debris. d) All flammable materials shall be stored on a parallel contour a minimum o£ fifteen (1S) feet away from any structure. e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen {15) feet away from the structure. g) Swimming pools and ponds shall be accessible by the Local fire district. h) Fences shall be kept clear of brush and debris. i) Wood fences shall not connect to other structures. ~) Fuel tanks shall be installed underground with an approved container. k) Propane tanks shall be buried, ifpossible, or installed according to NFPA S8 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. i) Each structure shall have a minimum of one ten {] 0) pound ABC fire extinguisher. m) The Applicant shall comply with all requirements of the Basalt Fire District Code. n) 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 genera] conditions regarding wildlife: A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. B. Manipulation of vegetation outside of the Activity Envelope is prohibited. C. Mesh or woven wire fences are prohibited outside the Activity Envelope. D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fitly-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. E. Wire fencing must be three (3} strands or less. The top wire should be a twelve- 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 apazt and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. ~~e+~.~? Hearing Officer Determinatawt NdJ1 -2008 Page 6 F. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. G. In azeas of high black beaz activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. H. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. I. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise nuutaging wildlife. J. Trash/garbage shall be kept in an approved bear resistant container or enclosure. K. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. L. Horse grains, pellets, and cookies shall be stored in bear resistant containers. M. Pet food shall not be left outside. 9. The CDU shall not exceed 1,000 net livable square feet of floor area, which shall count towazd [he total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. At building permit submittal, the Applicant shall provide proof of adequate water for the CDU. ]0. The Applicant shall, by recording a covenant prior to issuance of building permit, guarantee that the caretaker unit: a. Shall not be required to be rented; b. Steal] not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; a Steal] be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from fime to time established, or members of the owner's immediate Family, even though they may not qualify as employees of the community; d. Shall be rented for terms not less than 6 months if rented. 11. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above- referenced requirements. 12. The caretaker dwelling unit reshiction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. ~,,,~~'~:.3 _ ~;, Hearing Oj~cer Deternriuarion No~-?008 Page 7 13. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or pazce] in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be used for mitigation of employee housing requirements as established elsewhere ira said Code. 14. No development shall occur outside the approved envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 16. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 17. 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 May aq 2011. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 9`" of March 2008. APPROVED AND ADOPTED this 29'" day ofMay, 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the ~ day of ~Q., 2608. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: By ~' es R. True, Hearing Officer Date ~-' Bonnie Waechtler, Administrative Assistant -- APPROVED AS TO FORM: john Ely, ~ County ey ran-0a; nonzbaa-z~aoo-0oa APP~R/OVED AS TO C~~OrfNT(E`NT: Cry ~ouben, Community Development Director ~~nt~.` ~~, ;s,a g RECEPTION#: 554950, 12/11/2008 at 10:38:13 QM, t aF 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO AT'f~GHMENT __...~______ RESOLUTION OF THB BOARD OF COUNTY COMIYIISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE PFEIFF.R APPEAL OF IiI:ARING OFFICER DETE1tD'IINAT[ON N0.07-2008 BOCC Resolution No. (~ 2008 RECTTALS 1. Chris Pfeifer ("Appellant's has requested an appeal to be heard at the Pitkin County Board of County Commissioners ("BOCC's to appeal Hearing Officer Decision No. 07-2008. 2. The parcel is located McLain Flats Road. PID#: 2643-27400-008 (Legal Description, Attachment A). 'Die parcel is zoned RS-20, approximately 12 acres, and is non-conforming in size. 3. The Appellant submitted an appeal after July 6, 2006, therefore, the application is being considered pursuant m the 2006 Land Use Cade, as amended. 4. The BOCC heard the appeal request at a public hearing on November 5, 2008, at which time, evidence and testimony were presented with respect to this appeal. 5. Tha BOCC finds that tfie appeal of Hearing Officer Determination No. 07-2008 is inconsistent with the requirements outlined in Section 2-20.20(e) of the Code. NOW THEREFORE BE 1T RESOLVED by the BOCC that it hereby upholds Hearing Officer Determination No. 07-2008, and that it denies the Appellant's appeal. ATTEST: nde Dean Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attonney cea:: Pon-0s PIDA2643.274-0(F-008 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Jack H ld, Chairman Date ~~ ate` D8 APPROVED AS TO CONTENT: Cindy Houben, Community Development DirecGx Page ! of 1 .~ l ATTACHMENT_ ~ __~ DETERMINATION OF TILE BEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ASPEN SUMNER CORPORATION 1(141 HAZARD REVIEW, CONCEPTUAL SUBMISSION, AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT AND TDR RECEIVER SITE Determination No.~-2002 RECITALS Tlne Aspen Sumner Corporation (hereafrer "Applicant") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer") for 1041 Hazard Review approval to establish a building envelope to construct a new single-family residence, caretaker dwelling emit and associated accessory structures. 2. The Applicant has also applied to the Pitkin County Hearing Officer for Special Review approval for a Caretaker Dwelling Unit and the ability to utilize the Aspen Sumner Corporation property as a Transfer of Development Right (TDR) receiver site The property is located along McLain Flats Road, and is more specifically described in Exhibit A. 4. The property is zoned RS-20 and contains 13.186 acres. The Hearing Officer heard this application at a public hearingon July 16, 2002, at which time evidence and testimony were presented with respect to this application. The Hearing Officer fmds that the development avoids wildlife habitat azeas, avoids slopes in excess of 30 percent, and is located in a low wildfuehazard azea. The Hearing Officer further fmds that the request for a Caretaker Dwelling Unit and the utilization of the Aspen Sumner Corporation property as a TDR receiver site is appropriate considering compliance criteria in Code Section 3-210-020. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Aspen Sumner Corporation 1041 Hazazd Review, Conceptual Submission, and Special Review for a Caretaker Dwelling Unit and TDR Receiver Site subject to the following conditions which shall run with the land and be binding on all successors in interest: The Applicants shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. ^F~~';:`~ ~ IIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIII III IIIO 8909600 t.z4a i Determination No.or°I-2002 Page 3 F. Weeds and grasses within the 1 U 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 15 feet away from the structure. li. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fin c~chall_not connect to~lte-structure. K. Any outbuildings or additional structures shall adhere to the samestandards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the stmcture with standard defensible space vegetation mitigaion around any above- ground tank. Any wood enclosure around the tank shall be constmcted with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be cleazly marked with 2 inch noncombustible letters and shall be visible and installed on a noncombustible post. P. Utility lines shall be buried. No development, including grading, excavation, fill placement, berthing, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelopes unless otherwise specified in this document, such as necessary wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building, or access driveway 8. Prior to application for building permit the applicant shall provide for review andapproval of the County Engineer a trip generation and construction trip generation study for any free mazket residential structure of 5,000 gross square feet or greater. This study shall be developed by a traffic engineering consultant hired by the applicant and pre-approved by the County Engineer. 9. Construction parking and material storage are prohibited on McLain Flau Road. 10. The Applicant shall comply with the following conditions for the Caretaker Dwelling Unit: A. The unit shall remain less than 700 net livable square feet. B. The kitchen shall contain at least a two burner stove with oven, standard sink, and at least a 6-cubic foot refrigerator plus freezer. C. One off-street parking space shall be provided for the unit. D. The unit shall have a separate entrance that is not part of the principle residence E. A deed restriction for the caretaker dwelling unit shall be recorded prior to issuance of a building permit. F. Prior to Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall conduct an inspection of the unit for compliance. 11. Floor plans of the caretaker dwelling unit shall be provided to the Housing Otiice prior to building permi[ approval. 470965 ~~..f ~ "1 IIIIIIIIIIIIIIIIIhIIIIIIIIIIIIIIIIIIIIIIIIIIII~lllllllleos9taoz0e00bt.zaa sr~ 13. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake the corners 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. 14. In order to develop the property to the requested 10,750 square feet, the Applicant shall suaronder two (2) original Certificates of TDRs and a copy of the deed evidencing the Applicant's acquisition of the Certificates. Surrendering of these Certificates shall represent the Applicant's ability to develop an-additional 5,000-square-feet-of-floor-area; at whichtime d non the property shall be limited to a maximum of 10,750 square feet of floor area (including the caretaker dwelling unit). 15. The Applicant shall depict in the site plan a "septic envelope" down-slope of the approved building envelope in order to accommodate an individualized septic system. Community Development shall approve the septic envelope prior to recordation. No development other than the installation of a septic system shall be allowed in the approved septic envelope. 16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on July 16, 2005. 470965 IIIIIIIIIIIIIIIIIIIIIIIIIII ~IIIIIIIIIIIIIIIIIIII008914D 0 0011 .24P IIIIIIIQ ~pV15 pITK1N COUNTY n t-~ f , f' ~ (1 ~i tJ ~ ~ _. ~:; ,. . .~, , .} `i Detcrrnination No. c~'1-2002 Page 5 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 15th DAY OF .JUNE 2002. APPROVED ON THE 16TH DAY OF JULY 2002. PUBLISHED AFTER ADOPTION OR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON--~~ ATTEST: ~,~/ Isabel Calderon Administrative Assistant HEARING OFFICER OF PITKIN COUNTY, COLOR~AD-O-~ ~'^"~-- ~ ~ V-----~ mes R. True Hearing Officer Date: '~ 19 b Z APPROVED AS TO FORM: - -- ~ John panty Attorney Case #PO55-02 PID# 264327400008 APPROVED AS TO CONTENT: Cindy Houben, Community Development Director IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII 870965 63 . z,a R 0.00 D 0.00 ' qT?~r'HAJIF_NT' t0 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ASPEN SUMNER CORPORATION 1041 HAZARD REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A CDU AND USE OF TDRS FOR ADDITIONAL FLOOR AREA UP TO 10,750 SQUARE FEET rr~~ Determination No.~.C.-2005 RECITALS l . ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard Review, Special Review and GMQS Exemption approval for a CDU to reestablish a 1041 approval and utilize TDRS for additional floor area up to 10,750 square feet. 2. The property is located nn McClain Flats Road and is more specifically described in Attachment ..A„ The property is zoned RS-20 PUD and contains 13.186 acres. 4. The parcel received 1041 Hazard Review, Conceptual Submission, Special Review for additional floor area up to 10,750 square feet and Caretaker Dwelling Unit approval pursuant to Hearing Officer Determination No. 29-2002 (Reception No. 470965). The Hearing Officer heard this application at a duly noticed public hearing on October ] 8, 2005, at which time evidence and testimony were presented with respect to this application. 6. The Hearing Officer finds that the development is consistent with the Special Review criteria for a TDR receiver site and CDU, and applicable 1041 Hazazd Review criteria of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Aspen Sumner Corporation 1041 Hazard Review, Special Review and GMQS Exemption to Utilize a TDR for Additional Floor Area up to 10,750 square feet and approve a Caretaker Dwelling Unit subject to the following conditions, which shall run with the land and be binding on all successors in interest. This approval replaces all previous conditions of approval in Hearing Officer Determination No. 29-2002 (Reception No. 470965). The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan and Plat Amendment in accordance with Sections 5-70-(140, 5-40 and 5- 60-040 of the Land Use Code. A principal and access envelope shall be depicted on the site plan encompassing all proposed development. Community Development shall approve the site plan prior to recordation. Prior to submission of a building permit application, the Applicant shall: A. Obtain approval of an ISDS pertni[ from the Environmental Health Department. "fhe septic system shall be located within the approved building envelope and must comply with the ,, ~~°,'uv IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 59 sees ie:ea 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. Protrusions above the roofline, such as parapets, shall be prohibited. iv. Roofs shall be installed as required by UBC 1997 Chapter ] 5 and shall have a minimum slope of 1:48. v. All roof designs, coverings, or equivalent assemblies shall be specifically approved - - ~~v~-~h"ir~farshalpriortosubmittalefa-building permitapplicatitsrt~ B. Vents shall be screened with corrosive resistant wire mesh with mesh '/< inch maximum. C. Roofs and gutters 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. Firewood/wood piles shall be stacked on a parallel contour a minimum of l5 feet away from the structure. G. Swimming pools or ponds shall be accessible to Fire Department vehicles. H. Fences shall be kept clear of brush and debris. 1. Wood fences shall not connect to the structure. J. Fuel tanks shall be installed undergound with an approved container. K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Fencing outside of the building envelope shall comply with the fencing regulations in the Land Use Code. B. Native vegetation shall be maintained outside of the building envelope as long as it complies with the wildfire mitigation stated above. C. The Applicant shall comply with the Pitkin County Wildlife Protection Codes for Waste Storage. Compliance with the condition shall be verified by Pitkin County Community Development prior to issuance of a certificate of occupancy. D. Fruit-bearing trees and shrubs should be avoided in any landscaping. 8. No development, including grading, excavation, fill placement, benning, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelopes except wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved huilding envelope, or access envelope. 9. Prior to commencement of any eartlunoving or construction activity, the Applicant shall stake the corners 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. No vegetation shall be damaged or removed outside the building envelope. ' r ` ~ ~'r;~-~~,,hF~1-f ~---- ~ ~- ~ - Aspen tiwnncr ('orporation c/o Can' Sle~sar[ 9111 tintilc W'n~• York, 1'.A. t?dU4 (?I?) 3119-911.5:1 .lotto::r~~ _'3..'.0(19 R•lil:r f:rurnxxr \,hcn Firkin C'uunn• C'nnm:unin• llccdupnu•n[ 1311 Sou;h Galena ti(ttrt fl l:. :1.dhnrization to Submit a Land Ux; Application Ibrthc Aspen Sumner Prop:rt) 11';u'ccl [I):'-26Y3-~?4-il(I-OIIRI !'Iris Irtlrr aulhorir~ s 1)aV15 I torn Ltcorporalcd to submit a land use applieation ou ls•hal ful thr Aspen Sumner ('ogxir.LLiun. ~~unrr of the prupcrq• known as Lots ]? and 12:1. R<'hitri!u?rsc Sprines Suhdi~^,iou. Dati is Horn Incorlxxatcd will rcprrseni the :Lpcn Somber corprnntiot: at iL•c ;ucd uxc rc~ic~+ nrcx:ws iIJ Ntill. Sbotlld \'OU hnvc in14' l{II~ti11Un3. ple:ISl' call (ilc:;n ! Ln'^ nr liicr Iktcis at Uavi; I Ic~rn Incorporatul ut {y?(I) 9~i-CiiR7 or me al the number nhov;. 17rmk :uu. Sinccrrh , ASI'I:V tiU~INF.It ('Oltl'OR.A'1'1[)N t ~l ~~ G:RRY SYI~:\ 'A ltl f ~ /1 U ~'! ~: fw PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN CUUNTY (hereinafter COUNTY) and Aspen Sumner Corporation (hereinafter APPLICANT) AGREE AS FOLLOWS: 1 APPLICANT has submitted to COUNTY an appl,cation for an Extension of Vested Property Rights (THE PROJEC'ri 2. APPLICANT understanes and agrees that Pitkin County Ordinance No 008-2008 establishes a `ee structure for land use applicaticns and the paymen'. of all processing fees is a condition precedent to a determination of application completeness. 1'he fee stnrrture is based on the County's poliry that development shah pay, ir. lull the cost of development •eview in Pitkin County Fees have been set to be consistent and Lair to the, puolic 2nd to reflect the expense incurred in providing sach services to the pu b.; c. 3. APPLICANT and COUNTY agree that because of the size, nature or srope of the proposed project. it may not be passible a: the time of application to ascertain the full extent of fhe costs involved in processing lire application. 4 APPLICANT and COUNTY agree that fees charged for the process ng of land use. applications shall accumulate if an application includes more than one type of land use review. 5 COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission andlcr Board of County Commissioners to enable the Planning Commission andlor Board of County Commissioners to make legally required !inaings `or project approval unless current billings are paid in fu'i prior [o decision. 6. Therefore, APPLICANT agrees that in consideration of the COUN iY'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 5 1.398.00 which. is based on 4 hours of staff time, and if actual time spent by staff to process the appl cation exceeds the averace number of hours by more than 20°h~, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 34 days of the billing date. APPLICANT further agrees that failure to pay such accrued ccsts shall be grounds for suspension of processing. PITKIN COUNTY ASPEN SUMMER CORPOR,4TION (°APPLICANT") Cindy Houben Community Development Director gY, J t?7:9U:~~ Gary Ste Date: January 23, 2009 Mailing Address: 950 Smile Way York, PA. 77404 (717) 3D9-9054 „ } ATTACHMENT __~._ PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: Lot 12 and 12A of White Horse Springs Sub.131k Z PID# 2643-274-00-008 ZONING: RS-20 SIZE: 12 acres OWNERS: Aspen Sumner Corporation REPRESENTATIVE: Davis Horn Inc. PHONE and EMAIL: 925.6587, phorn(a rof.net, adavis(k rof.net DATE: January 22, 2009 PLANNER: Mike Kraemer, 920.5482 Type of Application: Extension of Vested Rights Description of Project/Development: This property was subject to a recent appeal that took a number of months to resolve. The Applicant is looking to request an extension of vested rights for the time period of the appeal. Land Use Code Sections to be addressed in letter of request (application): Sec. 2 ~0-170(d): Extension or Reinstatement of Vested Property Rights: Reinstatement of Development Approval Staff will refer the application to the following agencies: None. Review by: BOCC Public Hearing: No. FEES: $1,398 (make check payable to "Pitkin County Treasurer") Planning Office flat fee: $998 (non-refundable; based on 4 hours of staff time. If staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $249/hour) o Clerk Fee: $375 o Web Technology Fee: $25 To apply, submit 7 conies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. Standards report as outlined in Section 2.2.3 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property; 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative (1 copy) 9. Copies of this pre-app form NOTES: - PLEASESUBMIT OA~E UNBOUND AND ONE-S/DED COPY OF YOUR COMPLETE APPLICAT/ON. PLEASESUBM/T T{VO-S/DED COP/ES OF ALL REAIAM/NG COP/ES OF YOUR APPLICATION C!F POSS/BLED. THE PARCEL !Ds SHOULD BE /NCL UDED ON ALL DOCUAfENTS INCLUDED IN YOUR.9PPLlCATION. Y ALL MAPS SHALL BE FOLDED Y This pre-application conference summary is advisory to nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations ojthe applicant. Additional a formation may be required upon a complete review of the application. Y The Pitkin Co:mty Land Use Code and Application Manual is available on-line at htto ~''/wn~m acpennitln'n cote/depts/"plunninQ cfm rEfit. •~n~ PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920-5526/FAX# (970) 920-5439 Mazch 17, 2009 Glenn Hom 215 South Monazch Street, Suite #104 Aspen, CO 81611 ghorn@rofnet Re: Aspen Sumner Corporation Extension of Vested Rights (PID#2643-274-00-008; CASE# P015-09) Deaz Mr. Horn: 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 charge of the review will request the information from you directly. We have scheduled this application for review by the Board of County Commissioners on Wednesday, April 22, 2009, 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 final 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 Mike Kraemer, the planner assigned to your case, at 920-5482 Sincerely, Bonnie Waechtler Administrative Assistant PITKIN (~UNTY COMMUNITY DEVEL~MENT Permit Receipt RECEIPT NUMBER 00027365 Name: ASPEN EQUITY GROUP LLC Date:3/3/2009 Project Address: 0 WHITE HORSE SPGS Type: check # 2047 Permit Number Fee Description Amount 0015.2009.PLAN PP- Flat Fee 998.00 0015.2009.PLAN PP-Clerk Fee 375.00 0015.2009.PLAN PP-Clerk Tech Fee 25.00 Total: 1, 398.00 "I`~{V ~