HomeMy WebLinkAbout20090826droste MEMORANDUM
TO: Board of County Commissioners
Regular Meetingt - Augustt}26, 2009
~TJ.I
THRU: Cindy Houber~`ommumty Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Brush Creek Ranch Low Impact Residential PUD Conceptual Submission, 1041 Hazard
Review, Scenic Overlay Review, Special Review and GMQS Exemption, Second
Reading
REQUF,ST: The Applicant is requesting to create 11 lots (10 new, plus the Homestead Parcel) pursuant to
the Low Impact Residential (LIR) Planned Unit Development (PUD) option. Each 80 acre lot in the LIR
zone district is exempt from growth management up to 8,250 square feet. The Applicant also proposes to
construct an access road and a looped driveway.
The following approvals are requested and required:
~ 1041 Hazard Review, Conceptual Submission and Scenic Overlay Review to establish building
envelopes and access roads/driveways;
~ Low Impact Residential Planned Unit Development;
~ GMQS Exemption and Special Review to establish the new lots as TDR receiver sites, each of which
will accommodate in excess of 8,250 and up to 15,000 square feet of floor area.
The BOCC approved the application on first reading on August 12, 2009 by a vote of 4-1 (Hatfield
opposed). The Resolution has been revised as discussed; a redlined version is attached.
APPLICANT: Droste Family Interests
REPRESENTATIVE: Francis Krizmanich
LOCATION: The property is located along Brush Creek Road, approximately 1 mile south of State
Highway 82.
ISSUES:
Huntin :The BOCC questioned whether commercial hunting should be allowed on the property.
Staff reviewed the LIR zone district and "commercial recreational use" is not listed as an allowed or
special review use, and, therefore, is prohibited. Condition #2F has been amended accordingly. This
is consistent with the existing conservation easement.
Exactions: At the August 12 meeting the Applicant questioned whether development exactions
(parks/recreation/open space and school land) were applicable to the LIR PUD. The BOCC asked
the County Attorney to respond. John Ely has determined that the LIR PUD is not an event of
subdivision, and, therefore, that the exactions are not applicable.
Trail Easement: At the August 12 meeting staff asserted that the previous com~eyance of a trail
easement along Brush Creek Road was a component of the 1999 conservation easement. The Applicant
disagreed. Dale Will provided a copy of the 1999 Contract to Sell Conservation Easement, which
provided for payment of $7.5 million dollars for sale of the 500 acre conservation easement, tlvo trail
easements (one near Brush Creek Road and one near Brush Creek) and a Restrictive Covenant.
RECOMMENDATION: Staff recommends that the BOCC make a motion on second reading to adopt the
attached Resolution, which:
¦ Denies the Special Review for TDRs for additional floor area up to 15,000 square feet;
¦ Lists the historic resources (homestead house and barn) on the historic inventory; and
¦ Approves the Brush Creek Ranch Low Impact Residential PUD Conceptual Submission, ] 041 Hazard
Review, Scenic Overlay Review and GMQS Exemption, subject to conditions.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE BRUSH CREEK RANCH LOW IMPACT RESIDENTIAL PUD
CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, SCENIC OVERLAY REVIEW AND
GMQS EXEMPTION; DENYING THE SPECIAL REVIEW FOR TDRS FOR ADDITIONAL
FLOOR AREA; AND LISTING THE HISTORIC RESOURCES TO THE HISTORIC
INVENTORY
Resolution No. -2009
RECITALS
1. Droste Family Interests ("Applicant") have applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") to create 1 1 parcels 0 new, plus the Homestead Parcel) pursuant to the
Low Impact Residential (LIR) Planned Unit Development (PUD) option. The application was submitted
in 2005, and, therefore, is subject to the Land Use Code ("Code") in effect at that time. Each 80 acre
parcel in the LIR zone district is exempt from growth management up to 8,250 square feet. The
Applicant also proposes to construct an access road and a looped driveway. The following approvals are
requested and required:
A. 1041 Hazard Review, Conceptual Submission and Scenic Overlay Review to establish building
envelopes and access roads/driveways;
B. Low Impact Residential Planned Unit Development;
C. GMQS Exemption and Special Review to establish the new parcels as TDR receiver sites, each of
which will accommodate in excess of 8,250 and up to 15,000 square feet of floor area.
2. The property is located on Brush Creek Road, and is more specifically described in Exhibit A. The
property is currently divided into 11 separate parcels, each in excess of 35 acres.
3. The property is zoned Low Impact Residential ("LIR") and contains approximately 926 acres.
Approximately 600 acres of the property are encumbered by two conservation easement agreements
bet`veen the Applicant, the Town of Snowmass Village and Pitkin County.
4. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being
considered pursuant to the 1994 Land Use Code, as amended.
5. The Planning and Zoning Commission reviewed the application at regular meetings on June 14, 2005,
October 17, 2006, January 16, 2007 and March 31, 2009, and recommended approval by a vote of 3-2.
6. The BOCC considered this application on first reading at duly noticed public hearings on May 27, June
24 and August 12, 2009 and at a regular meeting on August 26, 2009, at which time evidence and
testimony was presented with respect to the application.
7. The BOCC finds that the house and barn on the Homestead Parcel have substantial historic integrity
and are representative of the types of buildings erected during the late 19`h and early 20`h centuries,
and, therefore, are eligible for listing on the Pitkin County Historic Inventory.
8. The BOCC further finds that the proposed development is consistent with the provisions of the LIR
zone district's Planned Unit Development ("PUD") option, as follows:
A. The entire 926 acres that is held in common ownership is included in the PUD.
Resolution No. _ -2009
Page ?
B. The development is based on a density of one unit per 80 acres - 10 parcels on the upper portion of
the property and one that encompasses the remainder of the propert}~, including the existing
residences and ranch buildings adjacent to Brush Creek Road.
C. The Applicant has selected the best building sites possible, given the various constraints on the
property, including conservation easements, wildlife habitat areas, steep slopes, landslide areas and
scenic/visual impacts. In addition, the proposed road and driveway alignments represent the best
compromise between the avoidance of 1041 hazard areas and the preservation of scenic quality.
D, The undeveloped lands outside of the development areas in the PUD will be preserved in perpetuity
by conservation easement or covenant approved by the County Attorney, which at a minimum shall
restrict the property from future development and subdivision.
9. The BOCC further finds that the request for use of up to three TDRs on each of Parcels 1-1 1 for
additional floor area up to 15,000 square feet does not comply with the special review criteria, as
follows:
A. Larger residences will have greater adverse visual, natural resource and service impacts that are
inappropriate given the rural location.
B. 15,000 square feet of floor area is not compatible with the character of the adjacent open space
lands.
C. The Brush Creek and Owl Creek Master Plans state that larger homes are part of the character of
those areas, however, those larger homes of up to 15,000 square feet have generally been located on
the Owl Creek valley floor; most residences in the Brush Creek planning area are smaller than 8,250
square feet.
10. The BOCC further finds that the request to vary certain standards of the 2003 Asset Management Plan
("AMP") for the access road and loop driveway will not pose a threat to the safety of the traffic, given
the average daily traffic for this roadway, and will allow for less disturbance and visual impact,
11. I~he BOCC ftn-ther finds that the impact nn elk severe ~~inter ranee could be further miti~_atcd by
elnninatinz? P~}rcel 9 and_rtd~striniitui~~ the 8.''.50 square feet._o1 hour ~tre t tti~c~ci ~ted ~~th P~~r~e_9
_
amim~~ the rem,ainin_g~aroel,~the A~ }I~~cant agreed to this nro >aal.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby list the historic
resources (homestead house and barn on the Homestead Parcel -renumbered Parcel 10) on the Pitkin
County Historic Inventory.
BE IT FURTHER RESOLVED by the BOCC that it does hereby deny the special review
request to designate Parcels 1-i 1 as receiver sites to utilize TDRs for floor area in excess of 8,250 and up
to 15,000 square feet.
BE IT FURTHER RESOLVED by the BOCC that it does hereby grant variances to the
following standards of the 2003 Asset Management Plan: sight distance-vary minimum K values for
crest and sag vertical curves; alignment -vary minimum centerline radius from 1 15' to 60'; and
switchbacks -vary minimum distance between switchbacks from '/o mile to 200-400'.
BE IT FURTHER RESOLVED by the BOCC that it does hereby approve the Brush Creek
Ranch Low Impact Residential PUD Conceptual Submission, 1041 Hazard Review, Scenic Overlay
Review, Special Review and GMQS Exemption, subject to the conditions set forth herein, which shall run
with the land and be binding on all successors in interest.
2
Resolutrorr No. -?009
Page 3
1. Prior to submission of any development permits for the property, the Applicant shall record the
following documents, which shall first be submitted for approval by the County Attorney and
Community Development Department. The above referenced approvals shall be a condition
precedent to finalization and recordation. All documents shall be recorded concurrently.
A. I'EJi`
~,~--nt~-D;~;Low Impact Residemial Pt iD Plat. The ~+te-pla+rPlat shall depict the entire
property, the development parcels, the building and activity envelopes, the access envelopes_((,r
the access road, looped driveway and individual drivewav~, the three underground water stor'r~e
tank envelopes, and the slopes within the activity and access envelopes at 2' contours. ~=h~ite
. , - The =.,,;;i'lat
shall be revised as follows, prior to submission:
1) All areas outside of the activity envelopes shall be designated as "preservation areas" with
reference to the conservation easement or covenant to be recorded to preserve those areas.
2) The boundaries of the previously granted conservation easements shall be depicted with
reference to the Reception numbers for those easements.
3) Eliminate the barn and barn/corral easement and activity envelope.
4) The "disturbance envelope" on Parcel -1-1-10 shall maintain a 20' setback from the high water
line on the north side of Brush Creek; the area to the south of this setback shall be removed
frorn the envelope.
5) Include the map that establishes the masinunn roof hcirht or a-"glass ceiling" on each parcel.
6) Eliminate Parcel 9.
7) Relocate the following building envelopes:
a) Move Parcel 1 building envelope to the north side of the small knob and relocate the
driveway to the south of the relocated building envelope.
b) Move Parcel 2 building envelope northeast to point of curve in the road.
c) Move Parcel 4 building envelope to the north.
d) Move Parcel 5 building envelope to the northeast.
e) Move Parcel 8 building envelope northeast closer to access road.
f) Move Parcel 10 building envelope northeast so it is located on the north side of the knob
and out of the saddle area. Renumber as Parcel 9.
8) Designate ~m access emelope tc~_E?~rcel
9) Renurnhcr Parcel 1 1 (I lon~estcad Parcel) as Parcel 10.
B. Conservation easement or covenant that at a minimum preserves all lands outside the activity
envelopes from future development and subdivision. The conservation easement or covenant
shall run to the benefit of the County, shall be enforceable by the County, and may not be
released or amended without the consent of the County.
C. Protective Covenants for the property.
D. Subdivision Improvements Agreement, which shall address the following:
1) Construction of the access road and driveway loop, prior to issuance of any building permits
for residences on Parcels 1-+0`).
2) Construction of a left turn lane to County standards off of Brush Creek Road onto the new access
road to the PUD, prior to the issuance of a building permit for the third new residence on Parcels
3) Installation of the three 120,000 gallon underground water tanks in the locations shown on the
=plat and evidence that the tanks have been filled, prior to issuance of any building
permits for residences on Parcels 1-1-09.
3
Resolution No. _-?009
Page 4
4) Provision that no property within the project may be sold, and no building permit application
for construction may be submitted, until the improvements identified in the agreement have
been completed. The agreement may provide for the sale of properly and submission of
permits prior to completion of the improvements, if adequate financial security is provided to
secure completion of the improvements.
2. Prior to submission for recordation, the Applicant shall amend the Protective Covenants as follows:
A. Include a signature block for the BOCC and specify which provisions are enforceable by the
County and may not be amended without County approval.
B. Article II -Include definitions of "building envelope" (footprint of structures), "activity envelope"
(encompasses building envelope and provides area for all other development associated with the
residence, including well, septic system, landscaping, etc.), "access envelope" (all disturbance
associated with driveway, if not encompassed within the activity envelope) and "preserved area."
These teens shall be used throughout the Covenants.
C. Section 4,1 -Eliminate the balleted items listed as Architectural Guidelines and landscaping
guidelines, and reference the Design Guidelines, which shall be attached as an Exhibit to the
Covenants.
D. Section 5,1 - {--{E~°~~;-Fc nines shall not be allowed on Parcels I-4~9.
E. Section 5.5 -Each owner shall install and use an approved bear proof garbage container as specified
in the County's Wildlife Protection Ordinance, or the Association may install a common trash
facility that complies with the Ordinance.
F. Section 5,6 -Specify that commercial hunting is uat-t~e+r~~+i~l-i,T~~j~rohibited on the property.
G. Section 5,8 -Dogs shall be prohibited on Parcels 1-F{)9. Exotic pets shall also be prohibited.
H. Sections 5.8.7 and 5.8.8 -##<>i-;es F,c nines and livestock shall be prohibited on Parcels 1--NJ9.
I. Add a provision to Section 5 that prohibits off-road recreational use of motor vehicles, including
snowmobiles.
J. Add provisions to Section 6 regarding maximum allowable floor area and maximum height
limitations as specified in this approval.
K. Section 6.3(b) -Caretaker units shall be attached to the principal residence.
L. Section 6.3(d) -Eliminate "shed for summer shelter of horses..." and other references to allow such
structures outside of an activity envelope.
M. Section 6.4 -Eliminate "guest house."
N. Section 6.6 -Change to "On-Site Wastewater Treatment Systems." Specify that the OWTS on each
parcel shall be located within the activity envelope.
O. Section 6.8 -State that all lighting shall comply with the County's lighting regulations. Exterior
lighting on the residences shall be limited to lighting required by the building code.
P. Section 6.9 -Include all of the wildfire mitigation provisions specified in the Resolution.
Q. Section 6. ]2 "~.r-eConstruction of the residences on Parcels ]-1-~9 (including all exterior ancj
interior work starting with ~~round breaking tltrou~rh issuance of a Certificate of Occupancy) shall not
occur'•°'~~ ~ ^ c' n~ from November 15 through April 30.
R. Section 8.3 -Human recreational activity shall be limited to activity envelopes and access roads
from November 15 through April 30 in order to minimize disturbance during migration and winter
range use.
S. Section 9.2 -Reference the BOCC Resolution that approved the PUD.
3. Prior to submission for recordation, the Applicant shall amend the Design Guidelines as follows:
A. Section ILA & B -Development Zones should be consistent with the designations defined in the
Covenants: building envelope, activity envelope and access envelope.
B. Section II.B.2 -Eliminate reference to barns.
4
Resolution No. -?009
Page 5
C. Section [LB.3.A -Eliminate "cross county ski trails," "leach fields and septic systems" and "buried
or adequately screened water storage tanks, lines, pumps and associated equipment" as uses allowed
within Preserved Areas.
D. Section ll.B.3.B -Include "development outside building, activity and access envelopes" as a
prohibited use.
E. Section ILA.1, Driveway/Access Roads ooi Maximum total
vertical exposure of approved ""~~-."retaining_should not exceed seven feet._= I:he._}~ idth.c~f
terracing bete-een anv four foot vertical retaining walls should be in least three feet. Retaining walls
higher than four feet should be sc~•ated fi-om any other retaining ~s'all by a minimum of five
hep~zon_tttl leet _I__enaces_created bet_wten retainmg.~~alf~ sh<i_I_I bepeinrii~ently I~t~~isc~tped_gr
rep egetated w ith native vegetation. Retainin~~ ~tialls should he faced ith stone or earth-coli~red
n~u3tcrials similar to the surroundin~* naunal landsca c,
F. Section II.A.2, Grading - No grading should occur outside the building, activity or access envelopes.
Major natural drainages that traverse the lots should be maintained in their original configuration.
All utilities shall be underground and contained within the building, activity or access envelopes.
G. Section ILA.3, Plantings -Eliminate provision to allow "installation of underground or screened
utilities" outside of the building, activity or access envelopes.
H. Section II.A.4, Ponds -Ponds shall be located within the activity envelope. The pond liner shall be
covered with a minimum of 2' of topsoil from the high water level to a depth recommended by the
Division of Wildlife. Applicant shall construct a littoral shelf along the edge of the pond and plant
with wetland vegetation.
I. Section II.A.S, Pools -Any pool shall be fenced with a minimum 6' fence to prevent wildlife access.
J. Section II.A.6, Lighting -State that all lighting shall comply with the County's lighting regulations.
Exterior lighting on the residences shall be limited to lighting required by the building code.
K. Section II.A.7, Fencing -Fencing on Parcels 1-1~1-9_shall be limited to activity envelopes only and
shall meet Pitkin County "wildlife friendly" standards. Eliminate references to dog and livestock
fencing, except if limited to Parcel -1--F10.
L. Section ILA.9, Wildfire Management -Refer to conditions in Resolution and the Covenants.
M. Section II.B, Architectural Standards - Add a section titled "Architectural Theme and Style" which
states, "These guidelines do not mandate an architectural style or theme. Instead, owners are
required to design with materials and forms that reflect the mountain character of the site and its
climate in order to create places intimately connected with nature, and to be as invisible as possible
from off site. Certain "styles" of architecture are not consistent with the intent and goals of the PUD.
Styles such as Tudor, Santa Fe, Tyrolean and Victorian are not allowed. All structures shall be
designed to reflect styles that are regional to western Colorado ranches, homesteads and towns."
N. Section ILB.2, Building Form and Massing -Include height limits as specified in the Resolution.
4. Prior to submission of any building permit applications for residences on Parcels 1--I{J9, the Applicant
shall obtain an access permit from the County for the access road and looped driveway. Construction of
the road and driveway shall be completed prior to issuance of any building permit applications for
residences on Parcels 1-~19. Construction of the access road and driveway shall be limited to May 1 -
November ]4. The access permit application must include a specific engineered geotechnical report
which evaluates the subsurface conditions along the proposed road alignment and assesses the risk of
local instability and provides mitigation measures to reduce the risk, if necessary. The report shall
specify if retaining walls would be more appropriate in certain locations to lessen the disturbed area and
the visual impacts and to avoid significant impacts on steep slopes. The access permit must also include
a plan to reclaim and revegetate the existing primitive road that provides access to the ridge once the new
access road is completed, verification that the floodplain and riparian/wetland areas will not be impacted
by construction activities, utility line locations, a construction management plan that addresses all phases
of development of the PUD, a revegetation and screening plan, a State Stonnwater Permit, and site
triangles prepared by a Professional Engineer for the intersection of the access road and Brush Creek
Resolzaiort No. -2009
Pale 6
Road. Open Space and Trails shall review and approve the permit, prior to issuance. The entry along
Brush Creek Road shall be "low-key" and "ranch-like" with no gatehouse or accent lighting and minimal
landscaping, signage, etc. The bridge shall utilize native stone, iron, wood or timbers, details and colors
that are in harmony with the natural landscape and overall development character.
5. Prior to the issuance of a building permit for the third new residence on Parcels 1-~9, the Applicant shall
submit for and obtain a County Right-of--Way permit to construct a left turn lane off of Bnash Creek Road
onto the new access road to the PUD. The tom lane shall comply with the provisions of the Asset
Management Plan in effect at the time of submission of the permit.
6. Prior to submission of a building permit application for a residence, each lot owner shall obtain asite-
specific slope stability analysis from a geologist or geotechnical engineer, who shall provide
structural designs based on the analysis.
7. Prior to issuance of a building permit for residences on Parcels I-1-E)9, each lot owner shall:
A. Obtain a fireplacelwoodstove permit from the Community Development Department.
B. Obtain an access permit for the driveway to the building envelope that meets all Pitkin County and
Aspen Fire Protection District standards. If the driveway exceeds 30 inches above or below natural
grade within the setbacks, the Board of Adjustment must approve a variance prior to issuance of an
Access Permit.
C. Submit a site specific drainage and erosion control plan for review and approval by the Planning
Engineer.
D. Submit a constnaction management plan for review and approval by the Planning Engineer.
E. Submit a fugitive dust control plan to be approved by the Environmental HealthMatural Resources
Department.
F. Pay the applicable road and employee housing impact fees.
G Provide documentation of adequate quality and quantity of water to the Environmental Health/
Natural Resources Department, 4~ atcr shall not be obtained lrom thc. Snowmasti ~ ater and
5anit~itioii_C)isinc,L due to the potential_n~pact on.mmun~tm SUe<unflo~~s in.Sno~+mass Creep,
H. Obtain approval of an On-Site Wastewater Disposal System permit from the Environmental
Health/Natural Resources Department. The system shall be located within the approved activity
envelope, and must comply with the setback requirements from surface and groundwater sources. A
qualified professional engineer must design the system.
Demonstrate that structures do not bicak tht nd;-eluic is seen hom Blush Creek Road or I h~rhway
KZ and th<it._nc> pgr~iun g1 the ioof iid~e pt am stiuuure exceeds the mavnium hetght,<ir glass
ccilin~ as shown on the Plan„ ~ ~ ~ .n+t,t,~,;;~~H.
J. Provide samples of exterior materials and colors for review and approval by Community
Development.
K. Submit alandscape/revegetation plan to Community Development for review and approval.
L y ~ ~
8. With the building permit applications for Parcel, 6-amt 4, the Applicant shall submit a plan for vegetative
screening to mitigate wildlife impacts for review and approval by Communit)~ Development and the
Division of Wildlife. On Parcel 6 screening shall be provided on the south and east sides. ~
`~~-~•m
I p;~,. t";: .,t .,.;~.th ;,c',~T Screening shall be comprised of evergreen trees
of sufficient size (12-16') and density to break up the disturbance and activity associated with the
residence.
6
Resoltrlion No. _-2009
Page 7
9. The exterior of all structures shall be finished in earth tones which blend with the colors of the natural
surrounding environment. Roof materials shall be non-reflective.
10. Prior to commencement of construction on any lot, the activity envelope shall be staked and construction
fencing shall be installed around the activity envelope to prevent any unnecessary vegetation
disturbance during construction. The fencing shall remain in place until issuance of a certificate of
occupancy.
11. Development on Parcels 1--1{-~9 shall comply with the following standards for development in a
Severe 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) Primarily noncombustible hardscape surfaces or low vegetation (6 inches or less) shall be
maintained within a 1 S foot perimeter around all structures. Woody vegetation shall not be
planted within this perimeter.
2) For a distance of 45 feet around all structures, thin existing trees and brush to break up the
vertical and horizontal continuity of fuels and maintain natural or irrigated grass at less than 6"
between clusters of trees or brush. Remove the lower branches of all trees allowed to remain
within the 3S foot perimeter up to half the total height of the tree to eliminate ladder fuels.
3) For a distance of 100 feet around all structures, thin and clump existing oak/serviceberry. The
diameter of remaining clumps shall be no larger than 2 times the height of the existing shrubs.
The area between clumps should be a minimum of 3 times the height of the existing plants.
Remove the lower limbs of remaining shrubs within the 100 foot perimeter up to half the total
height of the slvubs to eliminate ladder fuels.
4) Remove all deadfall within 100 feet of all structures.
S) Future landscaping shall incorporate spacing between plants that is consistent with #1 and #2
above.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed ofnon-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.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
S) All roof designs, coverings, or equivalent assemblies shalt be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Roof Venting:
7
Resolutio~z No. -?009
Pale 8
Soffit venting shall be located in the outer 1/3`a portion of the overhang.
2) Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum '/4"
openings.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type
IV" Heavy Timber materials, per the currently adopted building code.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1) Construction with noncombustible or one (1) hour rated material, or material with flame
spread QS (tested to ASTM E84 and listed for exterior use), or
2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type
X gypboard or equal (decking as "a" above), or
3) "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum
8"x8", decking minimmn 4" in depth, or decking as "a" above; or equivalent log
construction, or
4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a"
above.
F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials.
G. Exterior of the Structure, lncluding All Walls:
1) One (])hour fire resistive rated materials, or
2) 5/8" gypboard underlying combustible materials, or
3) Cement stucco, minimum'/4" thickness.
4) All glazing to be tempered glazing; and
5) Doors to be metal or wood 1 '/4" thick minimum.
H. Foundations: Foundations, skirking, and crawl space openings shall be fully enclosed and
constructed with materials approved for one (1) hour fire-resistive construction on the exterior
side of the walls and shall extend from the top of grade to the underside of the floor decking or
walls.
L Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Any outbuilding shall adhere to the same wildfire requirements.
3) Yards shall be kept clear of all litter, slash and flammable debris.
4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
5) Weeds and grasses within the ten 0) foot perimeter shall be maintained to a height not more
than six (6) inches.
6) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
7) Swimming pools and ponds shall be accessible by the local fire district.
8) Fences shall be kept clear of brush and debris.
9) Wood fences shall not connect to other structures.
10) Fuel tanks shall be installed underground with an approved container.
1 1) 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
8
Resolution No. -?009
Page 9
materials approved for two (2) hour fire-resistive construction on the exterior side of the
walls.
12) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13) 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.
14) Utility lines shall be buried within or along roadways.
15) Install automatic fire sprinkler systems within each residence.
12. All codes and requirements of the Aspen Fire Protection District shall be adhered to for access, water
supply, sprinkler systems, and turning around of fire apparatus.
13. All development shall comply with the following wildlife mitigation measures:
A. Dogs shall be prohibited on Parcels 1-kE}9.
B. Maintain native vegetation outside of the activity envelopes, except as necessary to comply with the
wildfire mitigation required elsewhere in this approval.
C. Install and use approved bear proof garbage containers as specified in the County's Wildlife
Protection Ordinance.
D. Avoid fruit, nut, or berry-bearing trees and shrubs in any landscaping to minimize black bear
activity in this area.
E. Caretaker dwelling units shall be attached to the main residence.
F. Horse grazing shall be limited to pastures at the bottom of the ridge, adjacent to Brush Creek Road.
G. Human recreational activity shall be limited to activity envelopes and access roads from November
15 through April 30 in order to minimize disturbance during migration and winter range use.
H. Construction of the access road and looped driveway shall be limited to May lthrough November 14.
1. ~ltrtSid~Ceonstruction of the_i e,iden~e~ ~~n I?{)reels. I -9 (includ ing nl I e~te rior and interior ~~~>rl
starting ~+-ith~nmd bieah„i_ng through n5uance•ut_aCeirtiticate of Occ~ianc~~ a^~,'-,-'T-l(~-shall
not occur'~~ e' ^ ~P,0 p.., ~S':~'~~from November 15 through April 30.
J. Fencing on Parcels 1-~{a-y_shall be limited to activity envelopes only and shall meet Pitkin County
"wildlife friendly" standards.
14. No development, including grading, excavation, fill placement, landscaping, vegetation removal or
disturbance, well or septic system, shall occur outside of the approved activity envelopes, except in
conjunction with approved access permits, and as necessary to implement the wildfire mitigation
measures required elsewhere in this document.
15. Native vegetation shall be utilized to revegetate areas outside of the activity envelopes that are disturbed
by construction of access, no later than one growing season after completion of construction. A
revegetation plan shall be submitted with all access permits. Such plan will be reviewed by Community
development and must meet County standards before an access permit will be issued.
16. The Applicant shall comply with the County's lighting regulations. Lighting is prohibited along the
access road, looped driveway and individual driveways. Exterior lighting on the residences shall be
limited to lighting required by the building code.
a .The total flour area of all structures on
Parcels I-10 shall not exceed ~?0_7~0 s~ ~aare lcet, as defined bytho Land Use Colo in ei'lect at the time of
buildng_permit applicz}t,i~in, thi,_fluor area-i~ exempt fron) growth management and gn~~~th, m,;tn~agemen;
all~tmcrrts or TDRs may not be used to exceed this amount Nu more than 10.000 sgi.iare feet of flo~~r
9
Resolutlos~ No. -?009
Page 10
area shall bo developed on viv on° parcel with the cviception ofYarccl 9 ~~~hich sl~~all be limiicd to 8.210
square feet uffloor area. Subject to the fr~res~i~im~, the A~,licant shall allocate the allo~~~able s uare
foota«e of Floor Area for each 17arcel either at the time of the initial Sale of such parcel or upon
application for a buildin~pennit for ~ residence on such parcel ~~itichever fires occurs I~lie Floor
;1rea to be allocated steal! 1>e set forth in a document entitled °Allncatinn of Floor Area" which Shall
identity the narccl for which the; allocation is made. shall be signed by the Applicant and recorded in
the ntfice of the__Cleik and Kecordei of 1?itl:in Cpunty Col~x-adg. Thereafter, the Allgeation o1~ I fcx~r
. _ -
Area as set tbrth in the recorded di~cument may ~~n1y be ameniiad by and through an amendment to
the Final ,Appr~~t a1 Resolution ~~rocessed peu~su~nt to the rceulatione of the Counh~ then in effect
18. New development or redevelopment on Parcel 4-1- 10_shall be subject to the provisions of the Land Use
Code in effect at the time the development is proposed.
19. The Applicant shall adhere to all material representations made in the application or in public meetings
and shall consider those representations to be conditions of approval, unless amended by other
conditions.
20. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approvals} related to this property, or vested rights associated with this
property.
21. 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
2029.
10
Resolution No. -2009
Page 11
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 26'h day of April,
2009.
INTRODUCED AND FIRST READ AT PUBLIC HEARINGS on the 27"' day of May, 24`h
day of June and 12`x' day of August, 2009.
APPROVED AND ADOPTED AFTER SECOND READING on the 26`x' day of August, 2009.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of ,
2009.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
ATTEST: By
Patti Kay-Clapper, Chair
Jeanette Jones, Gerk to the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
- 1
Cindy ~I-iouben John Ely
Community Development Director County Attorney
The undersigned owners accept the conditions and teens of this approval:
Peter C. Droste Bruce F. Droste
Peter C. Droste Children's Trust Bruce F. Droste Children's Trust
P025-OS
PID #264332100001,264332100002,264332100003,264332100004,264332]00005,264332100006,264332100007,
264332]00008,264332100009,264332100010,264332100025
11