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HomeMy WebLinkAboutbocc.res.099.2011 RECEPTION#: 596686, 02/04/2013 at 11:32:22 AM, 1 OF 8, R $0.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,FINDING A TAKING AND REMEDIATING THE TAKING FOR GSS PROPERTIES LLC ■ Resolution No.M-2011 RECITALS 1. GSS Properties LLC("Applicant")applied to the Community Development Director("Director")to obtain approval of an activity envelope for a single family residence and associated development. 2. The parcel is located on the north side of Woody Creek Road,and is more specifically described in Exhibit A. 3. The parcel is zoned RS-20 and contains 62.95 acres. 4. The Community Development Director("Director")denied the application,pursuant to Administrative Decision No.27-2011. The Director found that that the activity envelope for the residence complies with the Code,but that the driveway envelope contains slopes in excess of 45%,where development is prohibited by Sec. 7-20-20(b)of the Land Use Code("Code"). 5. The Applicant submitted a request for a takings determination pursuant to Sec. 2-40-150 of the Code to determine whether the Director's denial of the application constitutes a taking of private property without just compensation. j q 6. The BOCC considered the takings request at a regular meeting on July 27,2011,at which time further evidence and testimony were presented with respect to the taking. s. 7. The BOCC determined that a taking had occurred pursuant to Sec.2-40-150(d)of the Code,based on the following findings: A. The driveway cannot access the activity envelope on the upper bench of the property from Woody Creek Road without encroaching on slopes in excess of 30%. B. The proposed activity envelope is the best possible location on the property for development, based on the following: 1) The activity envelope contains slopes of less than 30%. 2) The wildfire hazard is rated as low,and can be mitigated pursuant to the provisions of Sec. 7- Nv) 20-60(c)of the Code. 3) The parcel is within elk and mule deer winter range,where development is permitted,subject to mitigation. C. The denial constitutes a taking of all reasonable use and economic return on the property. • 8. The BOCC further finds that Driveway Alternative F is the appropriate alignment,since it avoids any impact on the wildlife movement corridor within the draw to the southeast of the activity envelope and the visual impacts can be mitigated to the extent feasible. 9. The BOCC considered the remediation at a regular meeting on September 28, 2011,at which time the conditions of approval for the remediation were accepted. RECEPTION#: 584084, 11/0212011 at 02:30:14 PM, 1 OF 7, R $0.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO I Resolution No.Off-2011 Page 2 NOW,THEREFORE,BE IT RESOLVED by the BOCC that the denial of the GSS Properties LLC Activity Envelope Review constitutes a taking pursuant to Sec.2-40-150 of the Pitkin County Land Use Code. BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval,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 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. 2. Prior to submission of the Site Plan Review application,the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.1.The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope Plan shall be amended as follows, prior to submission for recordation: A. Eliminate the area above the Salvation Ditch from the activity envelope. B. Move the eastern boundary of the activity envelope 100' to the west to provide a buffer area for wildlife at the top of the slope above the draw. C. Eliminate the originally proposed driveway envelope and establish a driveway envelope that accommodates Driveway Alternative F as shown in Exhibit B. 3. Concurrent with recordation of the Activity Envelope Plan,the Applicant shall record a covenant prohibiting further subdivision of the parcel and limited the parcel to one single family residence,one caretaker dwelling unit and agricultural buildings. 4. Prior to submission of any building permit applications,the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs.2-30-20 and 7-10-50 of the Code, which application shall be reviewed by the Board of County Commissioners. In addition to all other requirements,the Site Plan application shall include: A. A detailed plan and profile for the driveway, based on 2' contours,and a detailed revegetation and landscape plan for the area along the driveway. The Applicant shall reduce the visual impact of the retaining walls to the extent feasible through the use of tiered retaining walls designed to avoid large monolithic expanses of wall; planting areas between the tiers with adequate vegetation to break up the expanse of the walls; facing of the walls with stone or earth-colored materials; and undulation of the heights of the retaining walls to vary with the topography. The retaining walls required for the driveway may exceed the retaining wall guidelines in the Code— there may be more than two tiers and a retaining wall may exceed 7' in height. B. A plan to screen the activity and disturbance associated with the residence from the mule deer and elk winter range to the north. The screening shall consist of evergreen type trees 12-16 feet in height, which shall be planted on the uphill side of the buildings. The plan shall be reviewed and approved by the Division of Wildlife. C. A fencing plan depicting areas with fencing that will not comply with the wildlife fencing standards below(fencing to retain livestock,kennel dogs or protect gardens in the immediate vicinity of the residence). Resolution No.*-2011 Page 3 D. Staff shall refer the Site Plan application to the Division of Wildlife for their review and recommendation. 5. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or growth management allotments for additional floor area. 6. Prior to issuance of a building permit for a single family residence,the Applicant shall: A. Provide proof of an adequate water supply(in terms of quantity and availability)for domestic and fire protection purposes,and for irrigation purposes, if applicable. B. Obtain an on-site wastewater treatment system permit from the Environmental Health and Natural Resources Department. C. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable. D. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the total development disturbs one(1)acre or more,the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. E. Obtain a driveway/access permit,which shall be approved by Planning/Zoning and the Aspen Fire Marshal. F. Pay the applicable road and housing impact fees. G. Submit a construction management plan for review and approval by Planning/Zoning. H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. I. Submit a tree mitigation plan if any trees with larger than 6"DBH are to be removed. J. Submit a lighting plan. 7. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the corners of the activity envelope and install construction fencing around the perimeter of the envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 8. No development, including grading,excavation,fill placement,berming, landscaping,entry or ranch gates,construction parking and staging,vegetation removal or disturbance,well or septic system,shall occur outside of the approved activity envelopes,except to comply with the required wildfire mitigation. Utility and driveway extension and maintenance shall occur within the approved activity envelopes. 9. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Plant vegetation on the uphill side of the buildings to screen the activity and disturbance associated with the residence from the winter range above. The screening shall consist of evergreen type trees 12-16 feet in height. C. Provide waste storage that complies with the County Code regarding bear-proof containers. D. Dogs shall be kenneled within 50' of the residential buildings or leashed under human supervision when outside a required kennel. E. Avoid fruit-bearing trees and shrubs in any landscaping. F. Construction workers shall be prohibited from bringing dogs on-site during construction. G. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes. g Resolution No. -20.11 Page 4 H. Bird feeders, including hummingbird feeders,shall be hung away from any deck or window,and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. I. Fencing is prohibited outside of the activity envelope. Fencing within the activity envelope shall comply with the following,with the exception of fencing to retain livestock,kennel dogs,or to protect gardens in the immediate vicinity of the residence, as shown on the Site Plan. All existing fencing outside of the Activity Envelope shall be removed, prior to issuance of a Certificate of Occupancy for the residence. 1) Mesh or woven wire fences are prohibited. 2) Wood rail fencing shall employ three(3)rails or less,be the round or split rail type, shall not exceed fifty-four(54)inches in height above ground level, and twelve(12) inches in width (top view),and shall have at least eighteen(18)inches between the lower two(2)rails. 3) 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. J. Horse grains,pellets,and cookies shall be stored in bear resistant containers. K. Horse hay shall be fenced with 8' mesh game proof fencing to minimize game damage conflicts. L. Horse grazing shall be limited to the area below the Salvation Ditch. M. If a caretaker dwelling unit is requested and approved in the future,the caretaker unit shall be attached to the principal residence or may be detached,subject to review and recommendation by the Division of Wildlife. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access,adequate area for turning around of fire equipment, installation of an approved fire sprinkler system and provision of an adequate water supply for firefighting. 11. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Defensible Space:The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows(note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush,debris,and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. 1/ Resolution Not4Q -2011 Page 5 5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced. 8) All deadfall up to a 100 foot perimeter shall be removed. 9) No new conifer trees shall be planted within 10 feet of a residence. 10)No flammable mulches shall be placed within two feet of a residence. 11) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs,coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Additional wildfire mitigation standards: 1) Roof vents shall be screened with corrosive resistant wire mesh with mesh V4 inch maximum. 2) Roofs and gutters shall be kept clear of debris. 3) Yards shall be kept clear of all litter,slash,and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Swimming pools or ponds shall be accessible to Fire Department vehicles, if required. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. 9) 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. 10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. 12) New utility lines shall be buried within the driveway. 12. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. Resolution No.6 -2011 Page 6 13. The Applicant shall comply with the County's Noxious Weed Management Plan. 14. Approval of an activity envelope within the required setbacks does not assure approval of a variance from the Board of Adjustment. 15. 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. 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 014. APPROVED AND ADOPTED on the 28th day of September,2011. 11•46 BOARD OF COUNTY COMMISSI! ERS, PITKIN COUNTY,COLORADO By 4- . :chel E.Richards, 1 hairwoman • A'. ST: t i, /. Jean Ate Jones,Cle r to the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: indy Hou.en Jo. ly Community Development Director oun = • • ey P010-11 PID#264315100021 (f� C JR,e4Q 6 Q`t - 'PO/I EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in Government Lots 1,6,7,8 and 14,Section 15,Township 9 South Range 85 West of the 6th P.M. Being a portion of the Stranahan Ranch as conveyed by Warranty Deeds recorded as Reception Nos. 106364, 110053 and 113671 (Barbier to Sandersen)of the Real Estate Records of Pitkin County,Colorado described as follows: Beginning at the East 1/4 corner of said Section 15; thence North along the Easterly lines of Government Lots 7,6 and 1 to the Northeast corner of said Section 15 also being the Easterly corner of the Stranahan Wells Subdivision Exemption Map No.2 recorded in Plat Book 26 at Page 86 of the Real Estate Records of Pitkin County; thence Southwesterly S 46°50'29"W along the Southeasterly boundary of said Stranahan-Wells Subdivision to a point which bears N.53°03'W from the Northwest corner of that parcel described in said Reception No. 113671; thence S 53°03'E 875.6 feet more or less to the Northwest corner of said Reception No. 113671; thence Southwesterly and Easterly along said Reception No. 113671 S 63°10'W 466.8 feet; S 68°27'W 603.5 feet to the Northerly line of a County Road; S 41°43'E 302.1 feet along Northerly line of County Road; S 51°22'E 520.0 feet along Northerly line of County Road; S 62°09'E 608.7 feet along Northerly line of County Road; N 89°23'E 476.2 feet more or less to the Easterly line of said Lot 14; thence North along the Easterly line of said Lot 14 to the point of beginning. 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'• ''• . • , ... -•-•'-'---••'-' ! p • • ' I.• . I .:1' '' •.; t • '• ' . . .• '• . f t..: j , M CURTIS • Clvic FORUM W GSS Properties,LLC Sun Mesa Property i1 Woody Creek,PUkin County.Colorado • RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR GSS PROPERTIES LLC Resolution No.O 2011 RECITALS 1. GSS Properties LLC ( "Applicant ") applied to the Community Development Director ( "Director ") to obtain approval of an activity envelope for a single family residence and associated development. 2. The parcel is located on the north side of Woody Creek Road, and is more specifically described in Exhibit A. 3. The parcel is zoned RS -20 and contains 62.95 acres. 4. The Community Development Director ( "Director ") denied the application, pursuant to Administrative Decision No. 27 -2011. The Director found that that the activity envelope for the residence complies with the Code, but that the driveway envelope contains slopes in excess of 45 %, where development is prohibited by Sec. 7- 20 -20(b) of the Land Use Code ( "Code "). 5. The Applicant submitted a request for a takings determination pursuant to Sec. 2 -40 -150 of the Code to determine whether the Director's denial of the application constitutes a taking of private property without just compensation. 6. The BOCC considered the takings request at a regular meeting on July 27, 2011, at which time further evidence and testimony were presented with respect to the taking. 7. The BOCC determined that a taking had occurred pursuant to Sec. 2- 40- 150(d) of the Code, based on the following findings: A. The driveway cannot access the activity envelope on the upper bench of the property from Woody Creek Road without encroaching on slopes in excess of 30 %. B. The proposed activity envelope is the best possible location on the property for development, based on the following: 1) The activity envelope contains slopes of less than 30 %. 2) The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7- 20-60(c) of the Code. 3) The parcel is within elk and mule deer winter range, where development is permitted, subject to mitigation. C. The denial constitutes a taking of all reasonable use and economic return on the property. 8. The BOCC further finds that Driveway Alternative F is the appropriate alignment, since it avoids any impact on the wildlife movement corridor within the draw to the southeast of the activity envelope and the visual impacts can be mitigated to the extent feasible. 9. The BOCC considered the remediation at a regular meeting on September 28, 2011, at which time the conditions of approval for the remediation were accepted. RECEPTION #: 584084, 11/02/2011 at 02:30:14 PM, 1 OF 7, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No.Of f -2011 Page 2 NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the GSS Properties LLC Activity Envelope Review constitutes a taking pursuant to Sec. 2 -40 -150 of the Pitkin County Land Use Code. BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval, 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 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. 2. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope Plan shall be amended as follows, prior to submission for recordation: A. Eliminate the area above the Salvation Ditch from the activity envelope. B. Move the eastern boundary of the activity envelope 100' to the west to provide a buffer area for wildlife at the top of the slope above the draw. C. Eliminate the originally proposed driveway envelope and establish a driveway envelope that accommodates Driveway Alternative F as shown in Exhibit B. 3. Concurrent with recordation of the Activity Envelope Plan, the Applicant shall record a covenant prohibiting further subdivision of the parcel and limited the parcel to one single family residence, one caretaker dwelling unit and agricultural buildings. 4. Prior to submission of any building permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7 -10 -50 of the Code, which application shall be reviewed by the Board of County Commissioners. In addition to all other requirements, the Site Plan application shall include: A. A detailed plan and profile for the driveway, based on 2' contours, and a detailed revegetation and landscape plan for the area along the driveway. The Applicant shall reduce the visual impact of the retaining walls to the extent feasible through the use of tiered retaining walls designed to avoid large monolithic expanses of wall; planting areas between the tiers with adequate vegetation to break up the expanse of the walls; facing of the walls with stone or earth- colored materials; and undulation of the heights of the retaining walls to vary with the topography. The retaining walls required for the driveway may exceed the retaining wall guidelines in the Code — there may be more than two tiers and a retaining wall may exceed 7' in height. B. A plan to screen the activity and disturbance associated with the residence from the mule deer and elk winter range to the north. The screening shall consist of evergreen type trees 12 -16 feet in height, which shall be planted on the uphill side of the buildings. The plan shall be reviewed and approved by the Division of Wildlife. C. A fencing plan depicting areas with fencing that will not comply with the wildlife fencing standards below (fencing to retain livestock, kennel dogs or protect gardens in the immediate vicinity of the residence). Resolution No.* -2011 Page 3 D. Staff shall refer the Site Plan application to the Division of Wildlife for their review and recommendation. 5. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or growth management allotments for additional floor area. 6. Prior to issuance of a building permit for a single family residence, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B. Obtain an on -site wastewater treatment system permit from the Environmental Health and Natural Resources Department. C. Obtain a fireplace /woodstove permit from the Community Development Department, if applicable. D. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the total development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. E. Obtain a driveway /access permit, which shall be approved by Planning/Zoning and the Aspen Fire Marshal. F. Pay the applicable road and housing impact fees. G. Submit a construction management plan for review and approval by Planning/Zoning. H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. I. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed. J. Submit a lighting plan. 7. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the perimeter of the envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 8. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, vegetation removal or disturbance, well or septic system, shall occur outside of the approved activity envelopes, except to comply with the required wildfire mitigation. Utility and driveway extension and maintenance shall occur within the approved activity envelopes. 9. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Plant vegetation on the uphill side of the buildings to screen the activity and disturbance associated with the residence from the winter range above. The screening shall consist of evergreen type trees 12 -16 feet in height. C. Provide waste storage that complies with the County Code regarding bear -proof containers. D. Dogs shall be kenneled within 50' of the residential buildings or leashed under human supervision when outside a required kennel. E. Avoid fruit - bearing trees and shrubs in any landscaping. F. Construction workers shall be prohibited from bringing dogs on -site during construction. G. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes. g Resolution No.O? -2011 Page 4 H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at Least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. I. Fencing is prohibited outside of the activity envelope. Fencing within the activity envelope shall comply with the following, with the exception of fencing to retain livestock, kennel dogs, or to protect gardens in the immediate vicinity of the residence, as shown on the Site Plan. All existing fencing outside of the Activity Envelope shall be removed, prior to issuance of a Certificate of Occupancy for the residence. 1) Mesh or woven wire fences are prohibited. 2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3) 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. J. Horse grains, pellets, and cookies shall be stored in bear resistant containers. K. Horse hay shall be fenced with 8' mesh game proof fencing to minimize game damage conflicts. L. Horse grazing shall be limited to the area below the Salvation Ditch. M. If a caretaker dwelling unit is requested and approved in the future, the caretaker unit shall be attached to the principal residence or may be detached, subject to review and recommendation by the Division of Wildlife. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, adequate area for turning around of fire equipment, installation of an approved fire sprinkler system and provision of an adequate water supply for firefighting. 11. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Defensible Space: The area around all buildings /structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. 4/ Resolution NoM -2011 Page 5 5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced. 8) All deadfall up to a 100 foot perimeter shall be removed. 9) No new conifer trees shall be planted within 10 feet of a residence. 10) No flammable mulches shall be placed within two feet of a residence. 11) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake /shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48: 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Additional wildfire mitigation standards: 1) Roof vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. 2) Roofs and gutters shall be kept clear of debris. 3) Yards shall be kept clear of all litter, slash, and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Swimming pools or ponds shall be accessible to Fire Department vehicles, if required. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. 9) 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. 10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 12) New utility lines shall be buried within the driveway. 12. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. Resolution No.6 2011 Page 6 13. The Applicant shall comply with the County's Noxious Weed Management Plan. 14. Approval of an activity envelope within the required setbacks does not assure approval of a variance from the Board of Adjustment. 15. 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. 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 2014. APPROVED AND ADOPTED on the 28 day of September, 2011. BOARD OF COUNTY COMMISSI! ERS, PITKIN COUNTY, COLORADO By • ' = chel E. Richards, I hairwoman A� TST: Jean •tte Jones, Cle to the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: Indy Hou.en Jo. ly Community Development Director Coun = • _ ey PO10 -11 PID #264315100021 C JR-Q46 6 Q`(- '0// EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in Government Lots 1, 6, 7, 8 and 14, Section 15, Township 9 South Range 85 West of the 6th P.M. Being a portion of the Stranahan Ranch as conveyed by Warranty Deeds recorded as Reception Nos. 106364, 110053 and 113671 (Barbier to Sandersen) of the Real Estate Records of Pitkin County, Colorado described as follows: Beginning at the East 1/4 corner of said Section 15; thence North along the Easterly lines of Government Lots 7, 6 and 1 to the Northeast corner of said Section 15 also being the Easterly comer of the Stranahan Wells Subdivision Exemption Map No. 2 recorded in Plat Book 26 at Page 86 of the Real Estate Records of Pitkin County; thence Southwesterly S 46°50'29'W along the Southeasterly boundary of said Stranahan -Wells Subdivision to a point which bears N. 53 °03' W from the Northwest corner of that parcel described in said Reception No. 113671; thence S 53 °03' E 875.6 feet more or less to the Northwest corner of said Reception No. 113671; thence Southwesterly and Easterly along said Reception No. 113671 S 63 °10' W 466.8 feet; S 68 °27' W 603.5 feet to the Northerly line of a County Road; S 41 °43' E 302.1 feet along Northerly line of County Road; S 51 °22' E 520.0 feet along Northerly line of County Road; S 62 °09' E 608.7 feet along Northerly line of County Road; N 89 °23' E 476.2 feet more or less to the Easterly line of said Lot 14; thence North along the Easterly line of said Lot 14 to the point of beginning. Excepting therefrom that certain tract of and described as beginning at a point 20 feet South of the Salvation Ditch and on the South line of said Lot 6, thence North 100 feet, thence East to the East line of said Lot 6, thence South 100 feet to the said South line and thence West along said South line to the place of beginning.