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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY,
COLORADO, APPROVING THE BELLOCK REQUEST FOR A MAJOR PLAT
AMENDMENT, ACTIVITY ENVELOPE, SITE PLAN AND SPECIAL REVIEW FOR A CDU
Resolution No.07 v -2009
Recitals
Charles Bellock hereafter referred to as "ApplicanP', has applied to the Pitkin County Board of
County Cominissioners, `BOCC", for a Major Plat Amendment to shift, enlarge and modify the
building envelope, create a development envelope and amend a coudition of approval that liinits
floor area on the lot to allow for a day-lighted basement, and Site Plan Approval for a single
family resideuce and to establish the right to construct a Caretaker Dwelling Unit (CDU).
2. The Lot is located at 155 Stillwater Lane, and is described as Lot 4 of the Stillwater Ranch
Subdivision. PID#2737-184-OS-004.
3. The Lot is in the AR-2 zone district and contains 4. 433acres.
4. The Applicant received approval pursuant to BOCC Resolution No. 124-2004 to make a cash-in-
lieu payment to the Aspen/Pitkin Housing Authority of $220,400 for housing mitigation for Lot
4, Stillwater Ranch Subdivision. This payment constituted the full miYigation requirement from
the original Subdivision approvals regarding the housing. This payment was made in full to the
County in July 2008.
5. The Planning and Zoning Commission reviewed this application at their regularly scheduled
public meetings on April 28, 2009 and May 5, 2009 at which time they recommended approval
by a vote of 4 to 0.
6. The Board heard the request at their regularly scheduled and duly noticed public hearing on May
27, 2009, and at 2°d Reading at a public meeting on June 10, 2009 at whicl~ time evidence and
testimony were presented with respect to this application.
7. The Board finds that this application is consistent with the applicable Sections of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Coinmissioners that it hereby grants approval to the Applicant, subject to tl~e following conditions, which
shall run with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. The Applicant shall comply with the provisions of BOCC Resolution Nos. 94-125, 94-156, 94-233
and the Protective Covenants for the Stillwater Ranch Subdivision [Reception No. 377682]. BOCC
Resolution No. 124-2004 and Administrative Determination No. 061-2007 shall be replaced by the
conditions of this approval.
Resolution No 0~-2009
Page 2
3. Prior to submission of any future permits and/or land use applications, the Applicaut shall be
required to submit for approval by the County Attorney and Community Development a Site Plan
with Building/Development Envelopes 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 Mylar copy of the site plan shall be si~med by the owner prior to
submittal for recording. The Site Plan shall be amended as follows, prior to submission:
.4. Remove the enrire Plat note on Page 2 regarding grading changes, retaining walls and
driveways.
4. The Applicant shall also submit for recording an Amended Final Plat in accordance to Section 2.3.7
showing the newly approved activity envelope on Lot 4, the floor area limitations and stating the
reason for the amendment.
5. Condition No. 12 of BOCC Resolution No. 94-156, wliich addresses floor area limitations, shall be
amended by this approval. The amended condition shall increase the maaimum allowable floor area
on Lot 4 to 7,600 square feet as calculated at building permit. Exempt sub-grade space shall be
limited to 1,900 square feet as calculated at the time of building permit submittal and shall maintain a
permanent separation (wall) from non-exempt floor area. The lot shall maintain a 750 square foot
exemption from the calculation of floor area for a garage. The development shall be limited to a
maxiinum gross floor area of 10,250 square feet. The structures shall be substantial1y consistent with
tl~e images provided in Exhibits A and B with a reduction in mass to accomplish the decrease in
allowable floor area.
6. The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more
than four (4) feet at any point for construction of any structure or improvement except:
,~. The site's original grade may be raised or lowered a maximum of seven (7) feet if
retaining walls are used to reduce the steepness of man-made slopes
B. As necessary to construct a driveway fiom the street to a garage or parking area, grade
changes or retaining walls up to seven (7) feet may be allowed. Driveways and
associated retaining walls may not exceed six (6) feet in the setbacks without a variance
from the Board of Adjust~nent.
7. If retaining walls are used they shall comply with the following standards:
.A. Retaining walls inay be pennitted to support steep slopes but should not eaceed four (4)
feet in height from the finished grade, except for (i) a structure's foundation wall, or (ii)
as necessary to construct a driveway from the street to a garage or parking area, or (iii) as
otherwise expressly allowed by tl~e Land Use Code.
B. A retaining wall should not exceed seven (7) feet in height. Retaining walls greater thau
four (4) feet in height shall be supported by appropriate engineering and reviewed and
approved by the County Engineer. Building permit submittal plans shall include stamped
engineer drawings.
C. Terracing should be limited to two (2) tiers. The width of the terrace between any two
four (4) foot vertical retaining walls shall be at least three (3) feet. Retaining walls
higher than four (4) feet should be separated from any other retaining wall by a minimum
of five (5) horizontal feet. Terraces created between retaining walls shall be permanently
landscaped or re-vegetated with native vegetation.
D. Retaining walls used to support e~isting road cuts may exceed (a), (b), and (c) of these
guidelines.
E. Retaining walls shall be faced with stone or earth-colored materials similar to tl~e
surrounding natural landscape.
~
Resolution Nob~-2009
Page 3
F. All retaining walls sl~all coinply with the adopted Building Code, in the event of any
conflict between the Land Use Code and adopted Building Code; the more restrictive
provision shall apply.
8. The Applicant shall comply with the following to mitigate impacts on wildlife:
.4. Dogs shall be leashed or keuneled. Construction dogs are prohibited.
B. Manipulation of vegetation outside of any approved envelopes is prohibited.
C. 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 be substitute (in a nearby area on the same properiy) vegetation
equal in type and quantity to tl~at beiug removed to mitigate effects on wildlife species.
Should there be uo opportunity on the property for habitat mitigation or restoration, off-
site mitigation benefitting the same species may be required, or financial initigation may
be paid into a County habitat mitigation fund should such a fund be established in the
future.
D. Mesh or woven wire fences are prohibited outside the approved building and
development envelopes.
E. Wood rail fencing shall einploy three (3) rails or less, be the round or split rail type, shall
not exceed fifty-four (54) inches in height above ground level, and twelve (l2) inches in
width (top view), and shall have at least eighteen (18) inches between the lower two (2)
rails.
F. 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 apart and from the top wire preventing entanglement when mule deer jump over.
The bottom strand should be sixteen (16) inches from the ground.
G. 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 l~abitat.
H. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited on
the parcel. This does not include pre-existing native trees and shrubs.
L Development shall be clustered to the maximum ehtent possible to minimize impact on
wildlife.
J. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
K Trash/garbage shall be kept in an approved bear resistant container or enclosure. These
containers shall be accessible to and used at all times by contractors on site.
L. 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.
M. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
N. Pet food shall not be left outside.
9. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection
District.
3
Resolution No.~~-?009
Page 4
10. Development is allowed in low wildfire hazard areas subject to conformauce witl~ the followiug
development standards:
A. DEFENSIBLE SPACE: The area around all buildings/structures, li~nited 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 inanipulation to meet these conditions may not be necessary where the
natural vegetation pattems have already fulfilled these conditions):
i. Brush, debris, and non-ornamental vegetation shall be removed within a
minimum 10' perimeter around all structures.
ii. 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, wliich provides general guidelines
that may be modified by a wildfire expert acceptable to the County).
iii. Spacing between clumps of brush and vegetation up to the thirty (30) foot
perimeter shall be a minimum of two (2) times the height of the fuel. Maximum
diameter of tl~e clwnps shall be equal to the height of the fuel. All measurements
shall be from the edges of tl~e crowns of the fuel.
iv. 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.
v. Tree crown separation within the thirty (30) foot perimeters shall have a
minimum of ten (10) feet between the edges of the crowns, except for mature
stands of aspen trees where ladder fuels have been removed. In areas of aspen
regeneration, understory shrubs and down and dead materials shall be removed.
vi. All branches that estend over the roof eaves shall be trimmed and all branches
within fifteen (15) feet of chimneys shall be removed.
vii. The density of fuels up to a one hundred (100) foot perimeter of the structures
shall be reduced where natural reduction has not already occurred.
viii. All deadfall up to a one hundred (100) foot perimeter shall be removed.
ix. No new conifer trees shall be planted within ten (10) feet of a residence.
x. No flammable mulches sliall be placed within two (2) feet of a residence.
xi. The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
B. ACCESS: Access roads and driveways shall be built to County standards; however,
these standards may be iucreased to mitigate wildfire hazards based on comments
provided by the Colorado State Farest Service, the Sheriffs Deparnnent, local fire
protection districts and/or a person approved by the County as an e~pert in wildfire area
designation and mitigation.
i. Where feasible, looped routes of access/egress to a public road shall be
incorporated in the design of a proposed development. Looped routes of
access/egress is defined as two (2) or more dedicated access roads to the main
artery/highway for widely separated ingress/egress; looped drives with one (1)
entrance point or divided single entrances do not satisfy this condition. Where
this is not feasible, the Community Development Department may approve
vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart
installed between the road intersection and its terminus. Turnaround areas shall
be the same standard as cul-de-sac turnaround pads, these may be incorporated
into the proposed driveway entries.
~
Resolution No.Q `~ -2009
Page 5
ii. New dead-end streets shall not be permitted, except for cul-de-sacs and other
turnarounds accepted by the applicable local fire department.
iii. Cul-de-sac turnaround pads shall have a minimum of thirty (30) foot drivable
surface inside turning radius or a haminerhead or other T-area acceptable to the
applicable local fire district.
iv. New driveways and access roads shall enter the roadway at a ninety-degree
(90°angle for the first twenty-five feet of the driveway).
v. Fuel breaks as recommended by a wildfire e~pert approved by the County may
be incorporated into the design of access roads or driveways.
C. WATER SUPPLY FOR F[RE SAFETY:
i. 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.
ii. Any fire department recommendation for individual structure water supply and
storage shall be accessible to fire department vehicles from the exterior of the
structure through a fire department approved mechanism (such as a fire hydrant).
The amount of storage capacity shall be determined by the fire protection district
with a minimum of one thousand (1,000) gallon storage capacity for each
structure. Verification of the closest hydrant satisfactory to the Aspen Fire
Protection District can initigate this requirement.
iii. All structures greater than five thousand (5,000) square feet in size shall be
required to install in-house sprinkler systems that meet the standards of the
Aspen Fire Protection District and the adopted Building Code. At building
permit submittal, the Aspen Fire Protection Department may require smaller
structures to be sprinkled due to hazard considerations, emergency access
difficulties and lack of pro~imity to fire protection services.
D. ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW
ROOF LINE: Unless the wildfire eapert has recommended a different method of
construction, roofs and projections at or below roof line shall be constructed accord'u~g to
the following specifications:
i. Roofing Materials:
l. Class A covering or Class A Assembly as defined by the currently
adopted Building Code.
2. No wood shakes or shingles.
3. All other adopted Building Code compliant methods and materials
permitted.
ii. Roofs with less than a 3:12 pitch are not permitted unless they comply with the
following:
1. All roof coverings shall be constructed of non-combustible materials and
installed on a Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate tl~e 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.
5. All roof designs, coverings, or equivalent assemblies sliall be
specifically approved by the Fire Marshall prior to submittal of a
building permit application.
~
Resolution No.b~-?009
Page 6
E. Maintenance and Miscellaneous Requirements:
i. All outbuildings shall adhere to the same wildfire standards.
ii. Roofs and gutters shall be kept clear of debris.
iii. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-
fourth (Y4) incli maximum.
iv. Yards shall be kept clear of all litter, slasl~ and flammable debris.
v. All flammable materials shall be stored on a parallel contour a minimum of
fifteen (15) feet away from any structure.
vi. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a
height not more than six (6) inches.
vii. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteeu
(15) feet away from the structure.
viii. Swimming pools and ponds shall be accessible by the local fire district.
ix. Fences shall be kept clear of brush and debris.
x. Wood fences shall not connect to other structures.
Yi. Fuel tanks shall be installed underground witl~ an approved container.
xii. Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible
space vegetation mitigation around any aboveground tank. Any wood enclosure
around the tank shall be constructed with materials approved for two (2) hour
fire-resistive construction on the exterior side of the walls.
xiii. Eacl~ sYructure shall have a miniinum of one ten (]0) pound ABC fire
extinguisher.
xiv. 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 ar common access
road and installed on a non-combustible post.
ll. The caretaker dwelling unit shall be limited to not more than 1,000 net livable square feet. The
kitchen shall contain a minimum of a two burner stove ~vith at least a 5 cubic foot oven that can
bake and broil, sink of at least l4"W X 16"D X 5.25"Fi, and at least a 5.3 cubic foot refrigerator
and OJ3 cubic foot freezer. A minimum of two off-street parking spaces shall be provided for
the unit The caretaker dwelling unit must have separately accessible utilities. This does not
preclude shared utilities.
12. Prior to issuance of a building permit for the caretaker dwe]ling unit, the Applicant shall, by deed
restriction or other permanent commitment running with the land, guarantee tl~at the caretaker unit:
A. Shall not be required to be rented;
B. Shall not be sold or otherwise com~eyed or separated from the original parcel regardless of
the ultimate fonn of ownership of the caretaker unit;
C Shall 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 time to time established, or members of the owner's
immediate family, even though the~- may not qualify as employees of the community;
D. Shall be rented for terms not less than 6 months if rented.
l3. Actual floor plans of the unit shall be submitted to the Housing Office with Yhe deed restriction.
The Housing Office may inspect the unit with 48-hours' notice to the owner.
W
Resolution NoA~-2009
Page 7
14. Upon completion of the CDU, but priar 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.
15. The caretaker dwelling unit restriction 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.
16. The provisions of this regulation are for the purpose of providing a voluntary CDU ou a legally
created lot or parcel 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 in said Code.
17. No development, including grading, excavation, fill placement, benning, landscaping, entry
gates, and vegetation removal or disturbance shall occur outside of the approved building,
development and/or access envelopes eacept for wildfire inirigation. Construction, staging,
parking, utility and driveway extension and maintenance shall occur within approved buildiug, or
access driveway envelopes.
18. No structural development in escess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the eYCeption of driveways and associated retaining walls of up to 6'
above or below natural grade and fencing. Landscaping in the form of benns shall not e~ceed
four feet from the most restrictive grade. Any developmei~t located within setbacks mandated by
County zoning regulations that does not comply with these restrictions shall require a variance
from the Board of Adjust~nent. Approval of an activity envelope within such setbacks does not
assure approval of a variance.
19. The access drive shall be built to current County Standards, as described in the Pitkin County
Asset Management Plan and submit for an access permit. The driveway layout shall be staked in
the field and reviewed and approved by tl~e County Engineer, prior to commencement of
construction.
20. 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.
21. Prior to issuance of any building permits the Applicant shall:
A. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a County access/driveway permit to install tl~e driveway, if applicable.
C Submit a grading, drainage and erosion control plan to be reviewed and approved by the
Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blaukets.
D. Obtain a storm water permit from the State of Colorado if the site disturbance exceeds
one (1) acre.
E. Submit a construction management plan for review and approval by the Planning
Engineer showing the locations of staging, material storage and employee and
construction traffic parking.
F. Pay the applicable road fees.
~
Resolution Na~-?009
Page 8
G. Obtain written pennission from Yhe Nellie Bird Ditch owner or company for its
relocation.
H. Submit a plan for review and approval by the Aspen Fire Marshal to deinonstrate that tl~e
project meets all of the codes and requirements of the Fire District, including provision
of adequate access and turnaround, and installation of an approved fire sprinkler system
and adequate water supply for fire fighting.
22. Prior to the issuance of a building permit, the Applicant shall submit a landscaping plan including,
but not limited to, enhanced riparian vegetation associated with any existing or created water
features, and tree removal mitigation, to the Community Development Department far review and
approval.
23. All areas disturbed by construction sl~all be re-vegetated with native shrubs and grasses within one
growing season of the project's completion.
24. 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 conceptual structures represented in the application may not be permitted under
building and zoning regulations.
25. Development associated with the relocation of the Nellie Bird Ditch or the Lot 4 lake shall include
measures to minimize impact on trout habitat down stream in keeping with historic practice. Such
mitigation sliall include deepening and steepening of the lake shore and addition of drop structures to
inlets and outflow to increase aeration. If aeration gain is insufficient to maintain trout habitat, the
Applicant shall add nlecl~anical aeration devices.
26. 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
June10,201?.
27. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
~
Resolution No.~ -2009
Page 9
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 3rd day of May,
2009.
APPROVED AT 1ST READING on tl~e 27th day of May, 2009.
APPROVED AND ADOPTED AT 2"d Reading at a public meeting on the l Oth day of June, 2009.
T:
; Jones,
Clerk and
APPROVED AS TO FORM:
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Jolui Ely, ~ "~
~ C.ounry Attorney
Case #P002-09
PID #2737-184-OS-004
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
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`._~ cXi.t f`~a~ - ~~f~.t,.~_'_
Patty kay-Clapper, air ~
Date: f`' b' `` ,:~ ; 4' i`1
APPROVED AS TO CONTENT:
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Community Development Directar
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