HomeMy WebLinkAboutbocc.res.166.2001 IIIIII IIIII IIIIII IIII IIIIIIII IIIII CO
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,GRANTING APPROVAL TO THE DON JOHNSON LIVING TRUST
FOR A SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT TO THE
THOMPSON/STRANAHAN SUBDIVISION EXEMPTION,1041 HAZARD REVIEW,
EXPANSION OF A NON-CONFORMING STRUCTURE AND APPROVAL OF AN AMENDMENT
TO THE ASPEN COMMUNITY SCHOOL MASTER PLAN
Resolution No.UdL-2001
RECITALS
1. The Don Johnson Living Trust("Applicant')has applied to the Pitkin County Board of County
Commissioners ("BOCC") to merge Lot 4 of the Thompson/Stranahan Subdivision Exemption with the
neighboring property,and to build a new barn. The following approvals are requested and required:
A. Rezoning of Lot 4 from Public to RS-20;
B. Minor Amendment to the Aspen Community School Master Plan to remove Lot 4 from the
Plan area;
C. Subdivision Exemption for a Major Plat Amendment to amend the Thompson/Stranahan
Subdivision Exemption Plat in order to merge the two properties;
D. 1041 Hazard Review to establish a building envelope that will encompass the existing
structures and the proposed bam;
E. Expansion of a Non-Conforming Structure.
2. The"ranch property"is located on Little Woody Creek Road,and is more specifically described in
Exhibit A. Lot 4,Thompson/Stranahan Subdivision Exemption is located to the south of,and on the mesa
above,the ranch property.
3. The ranch property is zoned RS-20 and contains approximately 12.6 acres. Lot 4 contains
approximately 10 acres,is zoned Public and is currently covered by the Aspen Community School Master
Plan.
4. The Planning and Zoning Commission recommended approval of the request on July 3,2001 by a
vote of 3-1.
5. The BOCC considered the application at duly noticed public hearings on August 22 and
September 12, 2001.
6. The BOCC finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code.
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NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant approval of the
Johnson Major Plat Amendment, 1041 Hazard Review,Expansion of a Non-Conforming Structure and
Minor Amendment to the Aspen Community School Master Plan, subject to the following conditions,which
shall run with the land and be binding on all successors in interest:
1. Prior to submission of any building permit applications,the Applicant shall submit an amended
plat/lot line adjustment plat and 1041 Hazard Review Site Plan to the Community Development
Department for approval and recording.The site plan/plat shall also be submitted in digital format for
integration into the County's GIS system. The mylar copy of the site plan/plat must be signed by the
owners prior to submittal for recordation.
2. Concurrent with recordation of the site plan/plat,the Applicant shall record a deed restriction
encumbering the original area of Lot 4 as open space. The deed restriction shall specify the allowed
and prohibited uses within the open space. The County Attorney and the Community Development
Department shall review and approve the deed restriction prior to recordation.
3. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall be kenneled.
B. Native vegetation shall be maintained outside the building envelope.
C. Waste storage shall comply with BOCC Ordinance No. 10-2001. Verification of
compliance with this condition should be required prior to issuance of a certificate of
occupancy.
D. Minimize removal of vegetation. Disturbed areas shall be promptly revegetated with
beneficial browse species approved by the County Wildlife Biologist.
E. All fences above the valley floor where the corrals are located shall be brought into
compliance and any new fences built in that area must comply with the county wildlife
fence standard.
F. No riparian or wetland vegetation shall be damaged or removed.
G. Only plant species that are identified by the Pitkin County Revegetation Guide as being
appropriate for wetland or riparian areas,or native species found to occur on site but not
listed in the Pitkin County Revegetation Guide,may be introduced into or used for
revegetation any wetland or riparian area. The planting or introduction of any other plant
species should be prohibited.
H. An orange safety fence shall be installed the building site to prevent any unnecessary
vegetation disturbance during construction.
4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. For a distance of 10 feet around all structures,maintain vegetation at a height of 6 inches or
less with mowed grass,low growing perennials or hardscape. Woody vegetation shall not
be planted within this perimeter.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around all structures.
C. 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.
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D. All branches from trees and brush within the 30 foot perimeters shall be pruned to a height
of 10 feet above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet
between the edges of the crowns.
F. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
G. The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
5. The Applicant shall comply with the following additional wildfire mitigation standards for any new
structures:
A. Roofs shall have a noncombustible roof covering on a Class A assembly. Wood
shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than
a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following:
1. All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code(UBC) 1997 Section 1504 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 roof debris.
Protrusions above the roofline,such as parapets, shall be prohibited.
4. Roofs shall be installed as required by UBC 1997 Chapter 15 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.
B. Vents shall be screened with corrosive resistant wire mesh with mesh''/<inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash,and flammable debris.
E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
I. Fuel tanks shall be installed underground with an approved container.
J. 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.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
M. New utility lines shall be buried.
6. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
7. No development, including grading,excavation, fill placement,berming, landscaping,vegetation
removal or disturbance,well or septic system shall occur outside of the approved building envelope,
except to comply with the required wildfire mitigation.
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8. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
9. The 10 acre lot that is to be merged with the 12.6 acre parcel shall not be utilized for purposes of
calculating maximum allowable floor area,if a floor area ratio is adopted in the future in the RS-20
zone district.
10. The barn shall be limited to a maximum of 7,500 square feet and shall be utilized primarily for hay
and equipment storage.
11. 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.
12. 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 September 12, 2004'.
NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 21"day of
July,2001.
APPROVED AND ADOPTED on the 121h day of September, 2001.
PUBLISHED AFTER.DOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the J 3 ay of D GT , 2001
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO�—R
/
By I - OOMl )
ATTEST: Michael C.IrelaAd,Chair 111
Date to- 0Z -(0/
4Lyne Dean
Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
-t---�
�� M41 -11,
JohA Cindy Houben,
orney Community Development Director
Case#53-01
PID#264310300012
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M33C756 05/17/91 14:49 Rec 8Y. 646 PG 548
Silvia Davis, Fitkin Cnty C1erLc, Doc s.0li
EXHIBIT A
L tool Description
PARCEL A:
That part of Lots 3 and 4, of Section 10, Township 9 South, Range
BE nest of the Sixth Princioal Meridian, lying Southeasterly of a
road known as the Scott Brothers Road, as said road existed on
September 22, 1965, described as follows:
3eginning at a point on the Southeasterly line of .said road
whence the Northwest corner of said Section 10 bears North
25'16150" West 3300.99 feet; thence North 36'08'19" East 303.58
feet along the Southeasterly line of said road to the true point
of beginning; thence North 36'08'19" East 146.48 feet along the
Southeasterly line of said road; thence North 37415'42" East
195.72 feet along the Southeasterly line of said road; thence
North 46058'40" East 30.00 feet along the Southeasterly line of _
said road; thence South 43'19'30" East 649.29 feet; thence South <
46'58'40" West 30 feet; thence South 25049'32" West 24.95 feet;
thence North 53425'45' West 255.97 feet; thence North 83016121"
West 51.20 feet; thence South 35'03'15" West 213.97 feet; thence
North 47'35' West 350,39 feet, more or less, to the true point of
beginning.
PARCEL B:
A tract of land situated in Lot 4 of Section 10, Township 9
South, Range 85 West of the Sixth Principal Meridian, being
bounded on part of the Northwesterly side by the Southeasterly
line of a road known as the Scott Brothers Road and on the South-
westerly side by the Northeasterly side of an access road, both
roads as are now constructed and in place, said Tract is more
fully described as follows:
Beginning at a point being the intersection of the Southeasterly
line of said Scott Brothers Road with the Northeasterly side of
said access road whence the Northwest Corner of said Section 10
bears North 25'46'31" hest 3285.66 feet; thence North 36*08*19"
East 271.28 feet along the Southeasterly line of said Scott
Brothers Road; thence South 47'35' East 3$0.39 feet; thence North
35003115" East 213.97 feet; thence South 834161210 East 51.30
feet; thence South 53'25145" East 249.48 feet; thence South
31'35' West 152.90 feet; thence South 28'39'30" West 590.25 feet
to a point on the Northeasterly side of said access road; thence
North 14*32*04" West 326.99 feet along the Northeasterly side of
said access road; thence North 41046'41" West 209.28 feet along
the Northeasterly side of said access road; thence North
50'22' 49" West 270.30 feet along the Northeasterly side of said
access road to the point of beginning.
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Silvia Davis, Fiti:in Cnty
P.4RC3:L C:
A tract of land situated in Lot 4 , of Saction 10, Townshio 9
South, Range 85 West of the Sixth Principal Meridian being more ,
fully described as follows:
Beo_inning at a point whence the Northwest corner of said Section
I 10 bears North 27'16'49" West 4054.70 feet; thence North
22439'30" East 590.25 feet; thence South 21'46'00" East 368.63
feet; thence South 34'S6'00" West 280.1/ feet; thence North
79613'05" West 264.92 feet to the point of beginning.
PARCEL D:
A perpetual ncn-exclusive easement and right-of-way fiftecn (15' )
feet in width over and across the portion of that certain road as
now constructed and in use commencing at the point of
intersection of such road with the Scott Brother's Road, from
which point the Northwest Corner of saidSection 10 bears North
25'46'45" West a distance of 3272.29 toot, and thence continuing
along said existing road to a point from which the Northwest
Corner of said Section 10 bears North 27416149" West a distance v ,
of 4054.70 feet, for purposes of access and underground utility
service.
Together with all water and water rights, ditches and ditch
rights, springs and spring rights, wells and well rights located
upon, appurtenant to, or Historically us..i upon or in connection I!�
with the above-described Parcels A, B and a, specifically
including without limitation, all of Seller's right, title and
interest in and to Priority No. 403(c) adjudicated August• 25,
1936. and in and tc the Lenado Farm Springs (a pipeline and res-
ervoir, Priority No. 797, adjudicated November 5, 1971 with an `
appropriation date of June 1, 1964) , which foregoing water rights 1
and interests shall be deemed conveyed by quitclaim only and
without warranty of title.
County of Pitkin, State of Colorado.
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