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DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN A~;L OF ~'~-IE INFORMATION
LISTED BELOW INTITE FOLLOWING bRbER
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
Plat copies (11x17)
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RESOLUTION OF THE BOARD OF COUNTY COMMI551"O1~TERS OFPTTI{IPl`COUIVTY,
COLORADO, GRANTING A REINSTATEMENT OF VESTED RIGHTS TO RICHARD
FII.D?PIATI FOR LOT 1, SOPRTS MOUNTAIN Rii1VCH` °" '"" '
Resolutiou No. ~ 2001
RECITALS
1. Richazd Filippini ("Applicanf~has applied to the Pitkin County Board ofCounty Commissioners
("BOCC") to consider a reinstatement of vested rights for a period of three years, pursuant to Section 4-
140 of the Land Use Code.
2. The property is referred to as Lot 1, Sopris Mountain Ranch and more specifically described in
Exhibit A.
3. The property received a Major ] 04T Hazard Review approval in 1995 and was recorded in Book
36, Page 47 (Bean 1041).
4. The property received an Extension of Vested Rights pursuant to Resolution No. 98-58.
5. The BOCC heard this application at a duly noticed public heaimg on June 13, 2001, at which time
evidence and testimony were presented with`respect to the application.
6. The BOCC determined that the proposed development meets the criteria established in Section 4140
of the Land Use Code, and therefore. finds that the reinstatement of vested rights is appropriate.
NOW, THEREFORE'BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant a reinstatement of vested, rights forLot I of the Sopris Mountain Ranch, subject to
the Following conditions, which shall mn with the land and be binding oh al] successors in interest:
] . The conditions of this resolution replace all conditions of approval established in Resolution No.
98-58.
2. Wildfire mitigation shall be as follows:
A. Defensible Soace:
1. The area around all structures shall incorporate landscaping with wildfire defensible
space considerations as follows (NOTE: Actual vegetation manipulation to meet
these conditions may not be necessary where the natural vegetation patterns have
already fulfilled these conditions):
a. Brush, debris,. and non-ornamental vegetation shall be removed within a
minimum' 10-foot perimeter around al] structures. Vegetation in this area shall be
at 6"or less (i.e. mowed grass, low-growing perennials). No vegetation taller
than 6" shall be planted in this area. Any combination of mulch, hardscape (i:e. `
sidewalks, stones, etc.) may be utilized.
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Resolution No. -2001
Page 2 -
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b. Vegetation,thinning and landscaping to a minimum of 45 Feet around the
structure with a minimum of 20 feet crown separation between clumps of
oak/serviceberry. Remaining clumps should`not Gave a crown diameter in excess
of20 feet. Dead limbs and ladder fuels that would carry fire into the crowns of
brush should be eliminated. Slash $houid be properly disposed of by chipping
hauling away, or piling and burning during a safe time periodl
8
c dtstance~of of lea ] 00 fe t su ounding the s reduced by thinning out to a
fractures.
d: All deadfall and standing dead within 100 feet of:>tructures shall be removed.
e. The Applicant shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
B• Structutal Desi nand Construction Re uirements:
Roof shall have a Class A, non-combustible roof system. Wood shake/shingle roof
covering are prohibited in all wildfire hazard azeas. Roofs with less than 3:12 pitcfi
are nof'permitted jn j041 Wildfire Areasunless they comply with the following:
a. All roof coverings shall be non combustible materi~ils as defined jn the Uniform
a sem,6 ~ Code t UBC~ r94'~`§ec~ion 1504 and installed oa a Class A roof
b. All roof coverings shall have a surface that shall facilitate the naturalprocess'of
clearing the roof.
c. All roof design shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets,;shanl be prohibited
d. Roofs shall be installed as required by UBC 1997 Chapter I S and shall have a
minimum slope of 1:48.
e. All roof designs, coverm s, ore urvalent assemb
a r y "' 8 pq ,f a butldme specifically
pp oved b the Fire Marshall rior tosubmittal o
g permit application.
2. All vents shalt be screened wtth cortosrve resistant wife mesh ofone-quarter inch maximum.
C- Maint_ e_ n_anca:
1. Roofs and gutters shall be kept clear of debris.
2. Yards shall be kept clear of all litter slash, and flammable debris.
3. All flammable materials (including firewood/wood piles) shall be stored on a pazailel
contour aminimum of 15 feet away from any structure. Firewood/wood piles shall be
stacked on a pazallel contour a minimum of 15 feet away from all stmctuies,
D• Miscel___- la_neous•
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466981 06%29/2001 09:32Ii RESDLUTI DgVIS SILVI
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Resolution No. -2001
Page 3 _
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1. Swimming pools shall be accessible to Fire Departrnerit vehicles.
2. Fences shall be kept clear of brush and debris.
3• Wood fences shall not be connected to the structure.
4. Fuel tanks shall be installed underground with an approved container.
5. Each structure shall have a minimum of one ] 0 Ib. ABC. free extinguisher.
6. Addresses shall be cleazly mazked and visible with minimum 2" noncombustible letters
and shall be clesrly visible at £fie primary point of access from the public or common
access road and installed on a non-combus66le post,
7. Any outbuildings or additional buildings shall adhere to the samestandards as
structures.
E. Utilities:
1. Utility lines shall be buried.
3. No development, including grading, excavation, fill placement, berming, landscaping, entry or
ranch gates, and vegetation removal or disturbance shall occur outside of the approved building and
accessory building envelopes, except for utility and drivewayextension'and maintenance, and as may be
necessary to implement the wildfire mitigation measures regtiired elsewhere in this document. The
accessory envelope is for well or septic purposes only.
4. All azeas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials
and concepts. The timing of any sprinkler systems shall be decreased for low water plants.
5. The Applicarrt shall comply with the Following wildlife mitigation:
A. One kenneled dog on the property. The kennel shall be constructed prior to the issuance of a
certificate of occupancy. Any dog owned by construction workers or materials delivery
personnel shall be restrained on-site.
B. All waste storage shall comply with Wildlife Protection Ordinance No. 010 2001. Prior to
Certificate ofOccupancy, compliance with the ordinance shall be verified.
C. Fencing outside of the building and accessory envelopes shalt comply with the Pitkin County
Fencing Guidelines
D. Native vegetation shall. be preserved outside of the building and septic system envelopes,
with the exception of any thinning and spacing required to accommodate wildfire mitigation.
6• Prior to the issuance of any buildingpermits, the Applicant shall. obtain a septic permit from the
Environmental Health Department. All sewage disposal systems must be designed by a registered
professigonal engpeineer.~ Sewage disposal system shat) be located within the approved building oraccessory
buildin envelo s.
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7. Prior to the issuance of any building permits, the Applicant shall provide documentation of an
adequate domestic water supply on the property. Quantity and qualityof said supply shall meet the
building andtaccessory enve opes.alth Department. The well site shat 6e located within the approved
8. A fireplace/woodstove application must be filed and approved liythe Community Development
Department prior to the issuance of a building permit.
District. ~e Applicant shalt comply with all codes and requirements of the Basalt and Rural Fite Protection
10. The Applicant shall submit a Drainage an'd Erosion Control Plan to the County Engineer for review
and approval, prior to the submittal for any building permits. The plan shall address the management of
runoff during construction.
Development approved Pytttdhe County Engineer. They driveway shall comply with County stDantda ds at the
time of issuance of the ermit.
12. At the time of building permit application submittal; the Applicant shall submit, for review and
approval by the County Engineer a Construction Management Plan m accordance to the Asset
Management Plan. The Consiruction'l~fanagemenf Plan shatindica[e that vehicles associated with
constivction (i.e. employee traffic, construction vehicles, staging and deliveries) sfiail not violate County
Law; such as pazking on Countywrights-of wav.
13. Lighting shall comply with the Pitkin County lighting standards at the time of installation.
14. All development must comply with tte provisions ofPtkin County's Noxious Weed Management
Plan.
15. Floor area shall be limited to 5,750 squaze feet exempt from growth management. Maximmtt
floor area shalt not exceed 10,000 square feet. Floor area shall be calculated'~iased on the definition in
effect at the time of building permit submittal
shall pay a road impaOctmfee asc c I u a2ted a0t the time of building permit issuance,'r Share Requirements ahd
17. The Applicant shaliadhere to all material representations made in the application and'public
meetings.
18. Statutory vested nghts for the approval contained herein are granted pursuant tothe P~tkin County
Land Use Code and Colorado Statutes, subJect to the exceptions set forth in Pit~Icin County Land Use
IC3, 2004. t 40 and C.R.S., § 2d 68-165: The statutoryvested rights granted herein shall expire on June.
NOTICE OF PUBLIC FYE"A)CiING~'"P~7BC,Ig1°ITT ASPEN TIMES O' N ,I,HE Zi M DAY OF
MAY2U01.
APPROVED AND .ADOPTED O1~1 THE `13~ DAY OF JTJNE 2001.
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Resolution No. _-2001
Page S
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VESTED RIGiiT NOTICE PiIBLISFIED ON THE ~ DAY OF 'fi7> N , 2001.
ATTEST: BOARD OF COUNTY COI~TMISS101VER§
OF P;TKIN COUNTI~ COLORADO
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yn a R. Dean Michael C'Trelan~l~ ~ ~ i
DepuTy County Clerk Chair
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Date: ~; ~:"' , ~ L ~ ~-
APPROVED AS TO FORM: APPROVED AS TO Z`OI~fTENT
~ ~ w c-M
John Ely,`~,~ indy Houben,
6 (7( vi
County orney Community Development Director
Case #P49-O1
246527301001
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4SS981 08729/2001.09 3211 RESriLUT2 DRVIS SILVI
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Aparcel of land being part of Tracc 75 and located in "Section Z7, ' '
Township 8 South. Range 87 West of the 6tK Prus"i~ial' IvYe'n"disa:
Said parcei is more fully described as"follows: ""
Beginning at A.P. of said Tract 75; '
thence S 88.49'39" W 3h'2.15 feet atorig line 1-2 `of said 'Tract 75 "to the`
Southerly rig6c of way tine of the Counfy Road; " `" ~ '
'"'" thence S 54'20"W "674.Sh feet along s'aid'righ[ of ways' '
thence South 1695:T3 feet;
thence N 76.08` E 915:49 feet to line 1-6 ~ of said Tract 75 to the poim of
beginning.
Said parcei being Imownas Patcel L, Sopns'Iylountain~ch ~ `" ~ "~- "~-
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MEMORANDUM
TO: Boazd of County Commissioners
Regular Meeting~-June 13, 2001
TIII2U: Cindy Ho ben, l,ommunity Development Director
FROM: Tamara Pregl, Planner
RE: Filippini Reinstatement of Vested Rights
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SUMMARY OF REQUEST: Pursuant to Section 4-140 of the Land Use Code, the Applicant is
requesting a reinstatement of vested rights for a period of 3 years.
APPLICANT: RichardFlippini
LOCATION; Lot 1, Sopris Mountain Ranch
ZONING/LOT SIZE; The property is zoned RS-30. The property contains approximately 37 acres and
is conforming in size.
BACKGROUND/EXISTING CONDTTIONS. Pursuant to Resolution 95-7 the Board of County
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Commissioners granted a 1041 Hazard Review and General Submission fortI,ot 1 (Bean 1`04Y): The`
1041 Hazard Review Plat was recorded in Book 36; Page 47. An Extension of Vested Rights was granted
pursuant to Resolution No. 98-58. The Extension of Vested Rights approval expired on March 25, 2001.
The application was submitted on March 23; 2001.
ANALYSIS OF PROPOSAL...
- EXTENSION OF VESTED RIGHTS (SECTION 4-140)
The following is a review and analysis of the proposal relative to the. applicable standards. of Section 4-
140-030 of the Land Use Code. In reviewing a request for the extension of vested property rights, the
Board shall consider, butnot be limited to, the following criteria:
~. date of
1 The applicant's compliance with any conditions requzrtngperformance przor to the
;.
application for extension or reinstatement of vesteci'~rzg7its.
Response: There were no conditions which required performance prior to the date of application for
extension of vested rights.
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 applicam! in pursuing the project.
Response: There have been no efforts made to obtain building permits. The Applicant is requesting the
extension in order to allow for additionaltime fo plan for the construction, of a residence on the property.
~'
Filippirti Extension of Vested Rights
June 13, 2001
Page 2
3. The nature and extent of any benefits already received by the County as a result ofproject
approval, such as impact fees or land dedications.
Response: There have been no benefits received by the County such as impact fees or land dedications.
There were no land dedications required.
4. The needs of the County and the applicant that would be served by approval of the extension or
reinstatement request:
Response: The Applicant's needs would be served as the extension would allow an extended time frame
for development.
5. An extension or reinstatement may be in the form of a development agreement duly authorized
and executed by the applicant and the County. Reasonable conditions may be imposed by the Board
when granting any such extension or reinstatement.
Response,• The Applicant agrees to reasonable conditions imposed by the. County to comply with new
1041 Environmental Hazazd Review standazds adopted.
- ADDITIONAL COMMENTS:
Floor Area: The property is subject to the new Growth Management Regulations pursuant to Ordinance
P pp granted in 1998 the rind al structure w
23-2000. A cu ent egulations the total gowth managemenpexempt floor as limited to 10;000 square
feet. Unde area allowed on the property
is 5"750 square feet.
Zonine: Joanna Schaffner has outlined a number of comments which can be seen in more detail in her
comments attached to this memorandum. The reason for two envelopes is that the accessory envelope
will be utilized for a septic system ora well only. No structures will be located within the accessory
envelope. Due to the location of the building envelope relative to the existing topogtaphy and vegetation,
the development will not be visible from the public right-of--way (West Sopris Creek Road). The Sopris
Mountain Ranch Subdivision has a subdivision water system for fire protection. The Applicant is not
proposing to relocate the approved location of the driveway.
STAFF S l~E~'OMM~~TION Staffr`ecommends that the BOCC ado
Y ~ j e
with the oondit onspof theeattached Resolut on.ed Rights for a period of three, peaks sub ect to compl anco
ATTACHMENTS:
A. Draft Resolution of Approval
B. Zoning Officer
C. Sopris Mountain Ranch HOA
The application and site plan have been attached separately
PM 5/ 10/Ol -0600, Filippini Extension of Vested Rights
X-Sender: joannas@comdev
X-Mailer: QUALCOIVIM Windows Eudora Pro Version 4.2;0.58
Date: Thu, 10 May 2001 14:02:02 -Ob00
To: tamara Pregl <tamarap@ci.aspen.co.us>
From: Joanna Schaffner <joannas@ci.aspen.co.us>
Subject:'Filippini Extension of Vested Rights
I have reviewed the above referenced application andbffer the following
comments.
1.Please note thaYn BOCC resolution 98-58, the applicant was restricted to
10,000 square feet of floor area. Today, that amount has decreased by ;4;750
square feet, since below grade and garage exemptions from floor area no longer
apply in this part of the county. ' "`
2. Is an underground water storage tank still a requirement of the Basalt Fire
District? If so, it should be stressed that this must be located within the approved
building envelope.
3. Condition number 4 of resolution 98-58 should be revised to reflect the latest
language in roofing mitigation and to clarify the flat roof issue.
4. The application indicates a proposed driveway. How much flexibility is there to
relocating or realigning the proposed driveway without requiring an amendment to
this review?
5. The majority of the lots in the "Sopris Mountain Ranch Subdivision" are
prohibited from breaking the ridgeline as viewed from the county road, pursuant
to BOCC 91- Will a house in this envelope freak the skyline as viewed
from West Sopris Creek Road?
6. Why are there two building envelopes? Are some uses allowed within one
envelope but not the other? Can the two envelopes. become one?
Printed for Tamara Pregi <{ariarap@co:pifkiri:co.us> 1 '
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TAT r A nn~Ttr.TrmwY •TfTT in A TTl11~Y TT 1 TTTT ATLY TA l'~A1~rt1A?TTIATT'f~[1 T1L~T1L`T ATITiTL'ATT TL` VATT
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Co7~n~o~~A~~r~_
130 SoutliGalena ,street' ~ ~"`" " " ~ ~ '~
Aspen, Colorado`$~`611
Phone (970) 40=90 F.4~ ~9'~0) 920='S4~9 ~ "
MEMORANDUM
Td: County Attorney MAY 0 7 l.11_.1
Zoning ASPEN I PITKIi~
Sopris Mountain Ranch`I~bneownerS Assn, ~ ;')hRi~tUNITV DEVELOPMEN'
FROM: Janet Raczak, Community Development
RE: Filippini Reinstatement of Vested Rghfs
CaseNo. 49-6~1, PID # 2'46" ~ `" '' ' `
5 ~~3-Of "bbT
DATE: May 1, 2001 `
Attached for your review and comments are materials for an application submitted by Richard Filippini along
with his representative Biily Long. The Board of Coun Commissioners of Pitkin County is scheduled to
PP t3'
review this a lication on June 13, 2001.
Please return your comments to ama'I~yPregl by Friday, May 1$, 2b0I. '
PLEASE RETURN APPT.ICATIOIV MATERIAT:~"I'O'~b ,'MMUI~IIT`('""DE`~ELOPNN~NEIVT'TF I'O'CT ~' l
HAVE NY)' ~3~ C7T2`'1'~IE1~'1~"°( '~ ~ ~~ .~~~~.,~~~~~~ ,~~: ~. ~. ~ ~ a...
Thank you..
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RiCIiARD V. FIL.[PPINI ~
680 PICACIIO LANE
MON1'ECITO, CALIFORNIi193108
805-969-5083
AFR1L 17, 2001
TAMARA PREGL
ASPEN/PITKIN
COM1vIUNITYT)RVELOPMENT DEPARTMENT
.. _. .
130 S. GALENA STREET
ASPEN, COLORADQ 87611
RE: FILIPYINI REII3STA'I'EMIiNT OF VESTED RIGHTS
P49-O1
I)I;AR TAMARA,
CONFIRMING OUR TELIiPHONE CONSERVATION OIL LAS"C WEEK I HtSVE
FII,F.D AN APPLICATION FOR AN EXTENS1gN OF V'ESTBI~ i''ROPERTY RIGHTS
REi, I kT AIVE APPLIED OR ATHREE SEAR EXTIFNSION IN O NCH (I.UT
RDER TO PttM1
FOR THE CUNSTRUC'TiON OF A IIOUSL: UN THF. PROPERTY. TFIE Fltlrr ~ ni'Y
IS CURREN'fI•YUNIMPRUVF,D AND IS [N THB PLANNING S'1'ACrL~.
SINCEl2EI,Y,
i
RICHARD V. FILIPPINI, TRUSfCEE
RICHARD V. FILIPPINI TEtUS'1',
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£d WFiS£:L0 2002 LT 'adli £80S 696 S08+ : 'ON 3NOHd
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CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance. Agent in
the State of Colorado hereby certifies that RICHARD FILIPPIZ`TI is„,
the owner in fee simple of the following described property:
A parcel of land being part of Tract 75 and located in Section.27, Township 8 South,
Range 87 West of the 6th Principal Meridian. Said parcel is more fuliy described as
follows:
Beginning at A.P. of said Tract 75;
thence S 88°49'39" W 302.13 feet alongline T-2 of said Tract 75 to the
Southerly right of way line of the County Road;
thence S 59°20' W 674,10 feet along said right of way;
thence South 1695.13 feet;
thence N 76°08' E 9,15.49 feet to ,line 1-6 of said Tract 75 to the point
of beginning.
Said parcel being known as Parcel 1 ~ Sopris Mountain Ranch.
Subject to encumbrances, easements, restrictions,and rights of way
of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes oi5.ly.
PITKIN COUNTY TITLE, INC.
BY:~~
authorized
CERTIFIED TO; MARCH 1, 2001 @ 8:00 A.M:.
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3840~D4 8-789 P-87 rD6/¢i379~ i252P GLi ~°"1 ~OF"2
SIL4IA DA4IS GZTKIN CQUNTY CLERK& fiECORDE'R
RECORDING REQUESTED BY:
WHEN'RECORDED RETURN TO;
Marty Pickett
320 West Main Street
Aspen, CO 81611
REC DOC N
1 Y. 00 Ofd. A¢i
SPECIAL WARRANTY DEED
Robert B. Bean and Nancy J. Bean, whose address is Bean Enterprises, Hilltop
Road, Norwalk Connecticut 06554, for TEN DOLLARS ($10.00) acid other good and valuable
considerations, iit hand paid, hereby sells and conveys to Richard Bilippini whose address is 680
Picacho~Lane, Montecito, ~Calfornia 93108 the following zeal property in the County of Pitkin,
State of Colorado, to witi ~~
A parcel of land being part of Tract75 and located in,'Section 27,
Township 8 South, Range 87 West of the 6th Principal Meridian.
Said parcei is more fully descrnbed as follows:
[D
63
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Beginning at A.P. of said Tract 75;
thence S 88°49'39" VJ 302.13 feet along line 1-2 of said Tract 75 to the"
Southerly right of way line of the County Road;
thence S 59°20'W 674.10 feet along said right of way;
thence South 1695.13 feet;
thence N '76°08' E 915.49 feet to line 1-6 of said Tract 75 to the point of
beginning.
Said parcel being known aS Parce! 1, Sopris Mountain Ranch
wrth all its a urtenances and warrants title a ainst allp ysons claimi under me SUBJECT TO
AND EXCEPTING: General taxes for 1995 due and pa able in 199fi right of the proprietor of
a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or
intersect the remises hereb ranted as reserved in United States Patent recorded in Boole' S5 at
P y8
Page 160; those terms, conditions, provisions, obligations, easement, restrictions, assessments azi~"
_ ., ~ .. ,
all matters as 'set forth jn Protective Covenants recorded in Book 437 at Page `748; First
Amendment in Book 551 at Page 2S9 and Second Amendment in Book"701 at Page 347 and Third
Amendment in Book 701 at Page 408: terms, conditions, provisions, obligations and all matters
as set forth in the Articles of Incorporation of Sopris Mountain Ranch Homeowners Association
recorded in Book 507 of Page 689; and By-Laws recorded in Book 50'7 at Page 693; eaSeIYlents, "
rights of way and all matters as disclosed on Pla[ of subject property recorded in Plat Book 36 at
Page 47; terms, conditions, provisions, obligations and all matters as set. forth in Resolution of
the Board of County Commissioners recorded February 15, 1995 in Bnok 774 at Page 35 as
Resolution No. 95-7.
SIGNED this~~ day of July, 1995.
ob Bean
~...~~~ Z. `I
Nancy J. Bean '~
384Qitd4
Transfer Declaration ReceiveG rd8/Qt3/gs
'' ",~`,
3A4~04 R-789 G-l3H
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iD8/03/95 12:5QG..'GG ~ '°'OP ~. ;.
STATE OF C.O>J ~ )
ss
COUNTY OF ~~ t ~'~ )
The foregoing Special Warranty Deed was acknowledged this a0 day of July,
1995, by Robert B. Bean.
WITNESS m hand and official seal L6 `' t~+ Froelich
y Nora Public
My cotttmission expires: ~ r18CtiCUt
ommt oar ~zpires 4-1-97
,y
STATE OF CiPsnlnJ ,___ )
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COUNTY OF f~12.T`-t~'I:~ )
The foregoing Special Warranty Deed was acknowledged fhis`~ day off"
1995, by Nancy I. Bean. ~ ~ '
WITNESS my hand and official seal ~dt~ C' Froelich
tVcfaryry Public
My commi§sion expires: 8ttfe of Conrtectieut
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