HomeMy WebLinkAboutpitkin.planning.264327401003 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
RECEPTION #: 593562,10130/2012 at
12:51:02 PM,
1 OF 2, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO COMMUNITY
DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE LW DEVELOPMENT INC
MINOR AMENDMENT TO A DEVELOPMENT PERMIT
Administrative Decision No. }2012
RECITALS
1. LW Development, Inc. (hereafter referred to as "Applicant ") has applied to Pitkin County
Community Development Director ( "Director ") for a Minor Amendment to a Development Permit
to amend a previously approved Site Plan for the purpose of changing the house footprint and
general design and to include an exterior pool to the west side of the residence.
2. The Lot is located at 455 Sunnyside Lane and is legally described as the Moore Subdivision
Exemption -Lot C. PID#: 264327401003.
3. The Lot contains approximately 4.9 acres, is in the RS -20 zone district, and is undeveloped.
4. The lot is part of the White Horse Springs Subdivision and was given subdivision exemption
approval to formally distinguish Lots A, B, and C. The initial subdivision was approved as a
subdivision exemption pursuant to BOCC Resolution No. 82 -32. The Subdivision Exemption Plat
was recorded at Book 13 Page 62. A minor plat amendment and 1041 Hazard Review was
approved pursuant to Hearing Officer Determination No. 05 -2004 (Reception No. 495372) with the
1I plat amendment recorded at BK 72 P 9. Through a Minor Amendment to a Development Permit
application, Administrative Decision 80 -2004 (Reception No. 503793) revised condition number 2
of BOCC Resolution No. 82 -32 which resulted in a condition that restricted further subdivision via
a restrictive covenant. This covenant was recorded at Reception No. 562931. The Hearing Officer
approved a 2nd plat amendment and use of TDR's on Lots A, B, and C of the Subdivision.
Specifically Lot C was only approved for use of TDR's up 10, 750 square feet. The 2°d amended
plat was recorded at B 73 P 75. Most recently, the Lot received approval for construction of a
15,000 square foot single family residence pursuant to Hearing Officer Determination No. 01 -2011.
The Site Plan was recorded at BK 98 PG 96 (Rec. No. 58059).
5. The Director finds that pursuant to Section 2- 20- 150(b), the request to amend the previously
approved Site Plan is consistent with the approval and intent of Hearing Officer Determination
No. 01 -2011.
APPROVED by the Director, subject to the following conditions:
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.
Administrative Decision No. OO -2012 Page 1 of 2
2. Prior to submission of any future permit applications, the Applicant shall be required to submit for
approval by the County Attorney and Community Development a Site Plan with an Activity
Envelope 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.
3. The Applicant shall specifically comply with all terms and conditions of Hearing Officer
Determination No. 01 -2011. Hearing Officer Determination No. 01 -2011 and the current approval
will be the only land use approvals needed at building permit submittal.
4. 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.
APPROVED AND ADOPTED this i),4E day of 0 c.. 2012.
APPROVED AS TO CONTENT:
19cJv Q i A,�C a
eindy Houben,
Community Development Director
PID# 264327401003
P089 -12
Administrative Decision No. i Q`_ 2012 Page 2 of 2
August 20, 2012 -
Pitkin County Community Development Department
Legal Description & Vicinity Map.
Attn: Mike Kraemer
Pre - Application Summary.
130 S. Galena St.
Proof of Ownership —Title Commitment.
Aspen, CO 81611
0 A L_ A M B 0 s
Attachment #5:
n R C H IT CC T5 INC
RE: 455 Sunnyside Lane, Moore Subdivision Exemption, Lot C—
Minor amendment to previously approved site plan.
LW Development, LLC (hereinafter referred to as "Applicant ") is the owner of a property located at 455
Sunnyside Lane. The parcel identification number is 2643 - 274 -01 -003, legally described as the Moore
Subdivision Exemption, Lot C. Please refer to Attachment #1 which gives the legal description of the
parcel in addition to a vicinity map. The applicant is represented by Galambos Architects in the land use
application (see attachment #4).
Through this application, the applicant is requesting approval for a minor amendment to a development
permit to amend a previously approved site plan for construction of a 15,000 square foot residence.
The Applicant will be amending the site plan recorded at BK97 PG96 (Reception No. 583059, see
attachment #7)) which was approved pursuant the Hearing Officer Determination No. 01 -2011 (see
attachment #6).
The general design and orientation of the residence has been modified slightly from the currently
approved site plan. An exterior pool has been added to the west /downhill side of the residence. All
remaining elements such as the driveway layout, ponds, septic location, etc. are intended to remain the
same as the currently approved site plan.
The following attachments are included in this application:
Attachment #1:
Legal Description & Vicinity Map.
Attachment #2:
Pre - Application Summary.
Attachment #3:
Proof of Ownership —Title Commitment.
Attachment #4:
Authorization — Applicant Representative.
Attachment #5:
Agreement for payment of Land Use Application Fees.
Attachment #6:
Determination of the Hearing Officer of the Community Development
Department of Pitkin County, Colorado, approving the LOBO Lot C LLC Activity
Envelope and Site Plan Review, Special Review for a TDR receiver site, and
special review for a CDU.
Attachment #7:
Cobo Lot C LLC Activity Envelope and Site Plan, Moore Subdivision Exemption,
Lot C, recorded in Plat Book 97 at Page 96.
Attachment #8:
2011 Hearing Officer Determination — Elevations of Proposed Development
Attachment #9:
2011 Hearing Officer Determination — Perspectives of Proposed Development
Attachment #10:
Improvement Survey
Attachment #11:
Proposed Amended Activity Envelope and Site Plan
Attachment #12:
Revised Elevations of Proposed Development
Attachment #13:
Revised Perspectives of Proposed Development
Bldg 314 Suite D AABC . Aspen, Colorado 81611
P 970 - 429 -1286 . F 970 - 429 -1296
E kevin @galambosarchitects net
000001
The applicant represents that the amended site plan and proposed development shall comply with the
following standards as identified in Section 2- 20- 150(b) of the Pitkin County Land Use Code:
(1) Is consistent with action(s) taken during previous development approvals for the property, and
(2) Does not change the use of the proposed development between residential, commercial and tourist
accommodation uses; and
(3) Does not change the basic character of the approved use of land on which the activity occurs, including
basic visual appearance and method of operation; and
(4) Does not constitute a new land development activity; and
(5) Does not increase off -site impacts in the surrounding neighborhood, and
(6) Does not endanger the public health, safety or welfare, and
(7) Does not violate any Land Use Code standard; and
(8) Does not substantially increase the need for on -site parking or utilities, or affect affordable housing
generation; and
(9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on
the site by more than five (5) percent.
Modifications to the design and orientation of the residence are represented in Attachments 11, 12, and
13. The general design of the residence incorporates a traditional "Mountain' style with gable forms
and trusses.
This land use application has demonstrated compliance with the Land Use Code Standards identified in
the Pre - Application Conference Summary (see Attachment #2).
Please contact myself or John Galambos if any clarifications are required for this application.
Respectfully Submitted,
Kevin Michelson
Galambos Architects, Inc.
970 - 429 -1286
Bldg 314 Suite D AABC . Aspen, Colorado 81611
P 970 - 429 -1286 • F. 970- 429 -1296
000002 E kevin @galambosarchitects.net
ATTACHMENT #1
LW DEVELOPMENT, INC.
PID# 2643 - 274 -01 -003
LEGAL DESCRIPTION:
MOOKE SUBDIVI510H EYENIFTIOH, LOT C ACCORDING TO THE FLAT RECORDED
AT BOOK 13 PAGE 62, WITH THE I ST FLAT AMENDMENT RECORDED AT
eK 72 F 9, AND THE 211D AMENDED FLAT RECORDED AT B 70 F75
VICINITY MAP
HVVY 52
AABC
AIRPORT
000003
ROUNDABOUT
MCLAIPI FLATS ROAD
SITE
TREI ITAZ
ROARING FORM RIVER
CEMETERY
RECEPTION #: 588232, 04/13/2012 at 02:02:43 PM, 1 OF 5, R $31.00
DF $400.00 Janice K. Vos Caudill, Pitkin County, CO
yc -6 ,vo
WHEN RECORDED, RETURN TO:
Snell & Wilmer, LLP
Attn: Michael Strand
1200 Seventeenth Street, Suite 1900
Denver, Colorado 80202
GENERAL WARRANTY DEED
For Ten Dollars and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the undersigned, COBO LOT C, LLC, a Colorado limited liability company
( "Grantor"), hereby grants, bargains, sells and conveys to LW DEVELOPMENT, INC., a Delaware
ryl corporation ("Grantee "), whose address is c/o Walker Corporation Pry Limited, Governor
r(i Macquarie Tower, Level 21, 1 Farrier Place, Sydney NSW 2000, Australia, that certain real
m property, located in Pitkin County, Colorado and legally described on Exhibit "A" attached hereto (the
.,Land");
[" TO HAVE AND TO HOLD, such Land unto Grantee, and its heirs, successors and assigns
forever,
TOGETHER WITH all heredimments and easements appurtenant thereto, any and all oil, gas, and
mineral rights relating thereto, any adjoining strips or gores of property and any land lying within the bed
of any adjoining street, highway, or waterway (measured to the centerline thereof) (collectively, the
"Land "),
AND TOGETHER WITH, all improvements and fixtures in, upon and under the Land, including
without limitation, all buildings, structures and parking facilities, all underground pipes, conduits, lines,
cables and other additions to or under the Land and any and all appurtenances, hereditaments, interests,
privileges, easements, rights -of -way, reversions, remainders, development rights and air rights related
thereto (the foregoing, collectively with the Land, the "Property"), subject to the matters set forth on
Exhibit "B" attached hereto (collectively, the "Permitted Exceptions ")
Grantor does hereby bind itself, and its heirs, successors and assigns, to WARRANT AND
DEFEND all the Property in the quiet and peaceable possession of Grantee, its heirs, successors and
assigns, against every person whomsoever subject to the Permitted Exceptions.
[SIGNATURE APPEARS ON THE FOLLOWING PAGE]
11.111" i
RECEPTION#: 588232, 04/13/2012 at 02:02:43 PM, 2 OF 5,
Janice K. Vos Caudill, Pitkin County, CO
IN WITNESS WHEREOF, the undersigned has executed this General Warranty Deed as of this
day of April, 2012.
GRANTOR:
COBO LOT C, LLC, a Colorado limited liability
tympany
By
Robert ow
Manag
STATE OF COLORADO )
)Ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this . %�- day of April, 2012, by Robert
Bowden as the Manager of Cohn Lot C, LLC, a Colorado limit id "( ability company, on behalf of such
entity.
My commission expires:
1
1bw"I
900005
2
Notary Public
�pTARY ••
MOOG 9• t
RECEPTION #: 588232, 04/13/2012 at 02:02:43 PM, 3 OF 5,
Janice K. Vora Caudill, Pitkin County, CO
Exhibit "A^
(to General Warranty Deed)
LEGAL DESCRIPTION OF THE LAND
The following described real property located in the County of Pitkin, State of Colorado:
Lot C, Moore Subdivision Exemption, according to the Plat recorded June 17, 1982 in Book 13
at Page 62 and First Amended Moore Subdivision Exemption Plat recorded February 1, 2005 in
Plat Book 72 at Page 9 and according to the Second Amended Moore Subdivision Exemption
Plat recorded May 25, 2005 in Plat Book 73 at Page 75.
APN 264327401003
.'W x i
RECEPTION#: 588232, 04/13/2012 at 02:02:43 PM, 4 OF 5,
Janice K. Voa Caudill, Pxtkxn County, CO
Exhibit -11^
(to General Warranty Deed)
PERMITTED EXCEPTIONS
Taxes for the current year not yet due or payable
Right of the proprietor of a vein or lode to extract and remove his one therefrom, should the same be found
to penetrate or intersect die premises hereby granted and right of way for ditches or canals constructed by
the authority of the United States as reserved in United States Patent recorded April 19. 2011 in Book 55
at Page $29
Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded May 10, 1982 in Book 426 at Page 243 as Resolution No 82 -32
Terms, conditions, provisions and obligations as set forth in Right of Way Easement recorded August 13,
1996 as Reception No 395910
Terms, conditions, provisions and obligations as set forth in Determination recorded March 11, 2004 as
Reception No 495372
Easements, nghts of way and all matters as disclosed on Plat of subject property recorded June 17, 1982
in Plat Book 13 at Page 63, First Amendment thereto recorded February 1, 2005 in Plat Book 72 at Page 9
and Second Amendment thereto recorded May 25, 2005 in Plat Book 73 at Page 75
Terms, conditions, provisions and obligations as set forth In Deed recorded December 30, 1992 in Book
699 at Page 179
Terms, condmms, provisions and obligations as set forth in Administrative Decision recorded November
3, 2004 as Reception No 503793.
Terms, conditions, provisions and obligations as set forth in Administrable Determination recorded
February 15, 2005 as Reception No 507071
Terms, conditions, provisions, obligations and all matters as set forth m Ordinance No 009, Series of 2005
by Board of County Commissioners recorded March 31, 2005 as Reception No 508451.
Terms, conditions, provisions and obligations as set forth In Determination recorded May 11, 2005 as
Reception No 509975
Terns, conditions, prowsxxn and obtigalims as set forth in Irrigation Pipe Easement Agreement recorded
June 6, 2905 as Reception No 511011
Finding and Order Concerning the Inclusion of Lands In the Basalt Water Conservancy District recorded May
11, 2006 as Reception No 523949
[continued on next page]
14M1%H 1
000007
RECEPTION #: 588232, 04/13/2012 at 02:02:43 PM, 5 OF 5,
Janice K. Voa Caudill, Pitkin County, CO
Terris, conndtions, provisions and oblgaoons as set bed in Resinctve Covenant recorded September 22,
21709 as Reception No. 562931
Terms, conditions, provisions and oblgabons as set forth in Water Rights and Ditch Sharing Agreement
recorded June 16 2010 as Reception No 570603 and re- recorded June 21, 2010 as Reception No 570744
Terms, coodmnns, provisions and obligations as set forth In Utility Easement and Maintenance Agreement
recorded June 22, 2010 as Reception No 570972
Terms, condbon9, provisions and oNgabons as set forth in Driveway Easement Agreement recorded June
22, 2010 as Reception No. 570973
Terms, conditions, provisions and obligations as set forth in Memorandum of Water Allotment Contract
recorded March 14, 2011 as Reception No 578344
Terns, condmrare, provisions, obligations and all matters as set forth in Determination of the the Hearing
Officer of the Community Development Department recorded March 28, 2011 as Reception No 578691 as
Detertnmabon No. 1 -2011
Easements, rights of way and all matters as disclosed on COBO Lot C Actvity Envelope and Site Plan
recorded September 27, 2011 in Plat Book 97 at Page 96
ne63M l S
ATTACHMENT #2
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
LOCATION: 455 Sunnyside Lane, Moore Subdivision Exemption, Lot C PID# 264327401003
OWNER: LW DEVELOPMENT INC ZONING: RS -20 ACRES: 5.8
REPRESENTATIVE: Kevin Michelson PHONE: 429 -1286 EMAIL: kevin(aealambosarchitects.net
DATE: May 16, 2012 (revised August 21, 2012) PLANNER: Mike Kraemer, 920.5482
Type of Application: Minor Amendment to a Development Permit.
Description of Project/Development: The Applicant is requesting approval for a Minor Amendment to a Development
Permit to amend a previously approved site plan for construction of a 15,000 square foot residence. The Applicant will be
amending the site plan recorded at BK 97 PG 96 (Reception No. 583059) which was approved pursuant to Hearing Officer
Determination No. 01 -2011.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2 -20 -150: Minor Amendments to a Development Permit
Staff will refer the application to the following agencies: White Horse Springs Metro District.
Review by: Community Development Director
Public Hearing: No.
FEES: $961 (make check payable to " Pitkin County Treasurer ")
• Planning Office flat fee: $936 (non - refundable: based on 3 hours of staff time for review); if staff review time
exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312 /hour)
o Web Technology Fee: $25
To apply, submit 1 copy (unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code section listed above.
2. 11" by 17" and 24" by 36" Amended Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use
Application Manual
3. Comparison of visual representations made in the 2011 Hearing Officer Determination;
4. Previous Land Use Approvals (if applicable);
5. Proof of ownership of subject property;
6. Parcel description, including legal description and vicinity map;
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Consent from owner(s) to process application and authorizing the representative (1 copy)
10. Copyof this pre -app form
NOTES.
i PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPP OF POUR COMPLETE APPLICATION PLE4SE
SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF FOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN )'OUR APPLICATION.
ALL MAPS SHALL BE FOLDED.
This pre - application conference summary is advisory in nature and not binding on the Countv. The information
provided in this summary is based on current zoning standards and staff's interpretations based upon representations
of the applicant. Additional intbrmation may be required upon a complete review of the application.
00000?
ATTACHMENT #4
LW Development, Inc.
P.O. Box 1470
Aspen, CO 81611
August 20, 2012
Pitkin County Community Development Department
Attn: Mike Kraemer
130 S. Galena St.
Aspen, CO 81611
RE: 455 Sunnyside Lane, Moore Subdivision Exemption, Lot C—
Authorization to submit a Land Use application.
Mike,
The LW Development, Inc. is the owner of Moore Subdivision Exemption, Lot C. This letter authorizes
Galambos Architects, Inc. to submit an application on behalf of our corporation as the applicant for a
minor amendment to a previously approved site plan.
Galambos Architects, Inc. also has permission to represent our corporation in the land use review
process. Galambos Architects, Inc. can be reached at 970 - 429 -1286 and are located in the Aspen Airport
Business Center, Bldg 314, Suite D, in Aspen Colorado.
Regards,
000010
ATTACHMENT #5
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and LW DEVELOPMENT, LLC
(hereinafter "APPLICANT ") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for A Minor Amendment to a Development
Permit (hereinafter, the "PROJECT ").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee
structure for land use applications and the payment of all processing fees is a condition precedent to a determination of
application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the
cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the
expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it
may not be possible at the time of application to ascertain the full extent of the costs involved in processing the
application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and /or Board of County Commissioners to
enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full
fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $
which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average
number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent.
Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
000011
LW Development, LLC
Mailing Address:
RECEPTIONC 578691, 03/28/2011 at
08 :26:01 AM, ATTACHMENT #6
1 OF 6, R $0.00 Doc Code
DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
DETERIVIINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE COBO LOT C LLC
ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW FOR A TDR
RECEIVER SITE, AND SPECIAL REVIEW FOR A CDU
Hearing Officer Determination No. L -2011
RECITALS
1. Cobo Lot C LLC ( "Applicants ") has applied to the Pitkin County Hearing Officer ( "Hearing Officer ")
for Activity Envelope, Site Plan Review, Special Review for a TDR Receiver Site for Development of a
residence up to 15,000 square feet, and Special Review for a CDU.
2, The Lot is located at 455 Sunnyside Lane and is legally described as the Moore Subdivision Exemption
-Lot C. PM#: 264327401003.
3. The Lot contains approximately 4.9 acres, is in the RS -20 zone district, and is undeveloped.
4. The lot is part of the White Horse Springs Subdivision and was given subdivision exemption approval
to formally distinguish Lots A, B, and C. The initial subdivision was approved as a subdivision
exemption pursuant to BOCC Resolution No. 82 -32. The Subdivision Exemption Plat was recorded at
Book 13 Page 62. A minor plat amendment and 1041 Hazard Review was approved pursuant to
Hearing Officer Determination No. 05 -2004 (Reception No. 495372) with the la plat amendment
recorded at BK 72 P 9. 'Through a Minor Amendment to a Development Permit application,
Administrative Decision 80 -2004 (Reception No. 503793) revised condition number 2 of BOCC
Resolution No. 82 -32 which resulted in a condition that restricted further subdivision via a restrictive
covenant. This covenant was recorded at Reception No. 562931. The Hearing Officer approved a 2°d
plat amendment and use of TDB's on Lots A, B, and C of the Subdivision. Specifically Lot C was only
approved for use of TDB's up 10, 750 square feet. The 2°d amended plat was recorded at B 73 P 75.
5. The Hearing Officer considered this application at a duly noticed public hearing on January 18, 2011
at which time evidence and testimony were presented with respect to this application. Public notice
was published in the Aspen Times on December 12, 2010. No objections were received.
6. The Hearing Officer finds that the property is subject to the scenic review standards set forth in
Section 7 -20 -120, of the 2006 Land Use Code, however the development will have minimal visual
impact. The Hearing Officer also finds that the proposed development, with the conditions set forth
herein, complies with Section 2- 30- 30(h)(2)(g).
7. The Lot is mapped within elk winter range and is located within a low wildfire hazard area. The
Hearing Officer finds that these hazards can be mitigated.
8. The Hearing Officer further finds that the parcel is (1) eligible to receive 4 TDR's; and (2) can
accommodate a CDU subject to the conditions outlined below.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Cobo Lot C LLC Activity Envelope and Site Plan Review,
UUU012
Special Review for a TDR Receiver Site, and Special Review for a CDU subject to the following
conditions, which shall run with the land and be binding on all successors in interest.
I. 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. At the time of building permit submittal, the Applicant shall surrender the TDR's for additional floor
area up to 15,000 square feet from a base 5,750 square feet. Floor area is limited to 15,000 square feet
3. 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
structures represented in the application may not be permitted under building and zoning regulations.
4. Prior to submission of any future building permit applications, the Applicants shall be required to
submit for approval by the County Attorney and Community Development an Activity Envelope and
Site Plan that illustrates the approved building envelope 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 Site Plan shall also incorporate the following
changes:
a) Remove landscaping that has been proposed on slopes greater than 30 %.
b) Delineate an Activity Envelope for the site.
5. The Applicant shall submit for review and approval by the Community Development Director, a post
construction revegetation plan that is consistent with the natural vegetation in the area. This plan shall
address revegetation of disturbed areas due to construction and mitigate removed sage brush to a
practical extent that addresses CROW concerns regarding the elk winter range referenced in the
December 20, 2010 letter. This plan shall include mitigation measures for any trees removed that are 6"
d.b.h. or greater pursuant to Section 7- 20 -10(c) of the Code. The plan shall also include plantings that
reasonably screen the residence from McLain Flats Road.
6. The Applicant shall comply with all representations made in the Site Plan Review including but not
limited to the following:
a) Utilization of earth tone colors and materials on the building fagade;
b) Installation of non - reflective roofing;
c) All lighting shall comply with the Code.
At issuance of building permit application for the residence, the Applicant shall:
A. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one
(1) acre.
C. If necessary obtain a County access /driveway /tumaround permit acceptable to the Aspen
Fire Protection District and County Engineer.
Hearing Officer Determination No. __L-2011
Page Z
000013
D. Submit a drainage and erosion control plan for review and approval by the Planning
Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets.
E. Submit engineered plans for retaining walls greater than four feet in height.
F. Submit a construction management plan for review and approval by the County Engineer
showing the locations of staging, material storage and employee and construction traffic
parking.
G. Pay the applicable road and employee housing impact fees.
H. Obtain a permit for construction of the OWTS.
1. Proof of legal water supply.
8. Regarding Wildfire, the Applicant shall comply with the following Low Wildfire Hazard conditions:
(A) DEFENSIBLE SPACE
The areas around all structures shall incorporate 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 ten -foot (10
perimeter around all structures.
2. 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,
which provides general guidelines that may be modified by a wildfire expert acceptable to the
County).
3. 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 the clumps shall be
equal to the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
4. 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.
5. 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.
6. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15) feet of chimneys shall be removed.
T 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.
8. All deadfall up to a one hundred (100) foot perimeter shall be removed.
9. No new conifer trees shall be lanted within ten (10) feet of a residence.
Hearing Officer Determination No. L - -2011
Page 3
Illl d
10. No flammable mulches shall be placed within two (2) feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
12. The Applicant shall conform to all requirements of the Aspen Fire Protection District.
(B) Roofing Materials, Roofing Vents and Projections At And Below Roof Line
Roofs and projections at or below roof line shall be constructed according to the following
specifications:
Lew Hazard Area
Roofing Materials — unless otherwise exempted under the 2003 IRC or code in place at time of
permit:
i. Class A covering or Class A Assembly as defined by the currently adopted
Building Code.
ii. No wood shakes or shingles.
iii. All other adopted Building Code compliant methods and materials permitted.
9. The Applicant shall comply with the following general conditions regarding wildlife:
A.
Manipulation of vegetation outside of the Activity Envelope is prohibited.
B.
Mesh or woven wire fences are prohibited outside the Activity Envelope.
C.
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
D.
lower two (2) rails.
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.
E.
Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This
does not include pre -existing native trees and shrubs.
F.
Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
G.
Trash/garbage shall be kept in an approved bear resistant container or enclosure.
H.
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.
1.
Pet food shall not be left outside.
J.
All outside doors shall utilized solid round handled door knobs.
K.
The two ponds shall be constructed with a minimum of 3:1 sideslope with at least 2
sides having a 5:1 sideslope.
L.
If the ponds are lined, there shall be a minimum of 18" of topsoil on top of the liner.
Hearing Officer Determination No. 1 -2011
Page 4
000015
M. Dogs are not allowed on site during construction.
N. Bear proof trash containers shall be provided prior to work beginning and be available
throughout the entirety of the project.
10. The detached CDU shall not exceed 1000 net livable square feet of floor area, which shall count
toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the
Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-bumer stove with oven,
standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5
cubic feet; the sink must measure at least 14 "WXl6 "DX5.25"H; refrigerator must be at least 5.3 cubic
feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the
County Housing Office for review. At building permit submittal, the Applicant shall provide proof of
adequate water for the CDU.
11. The Applicant shall, by recording a covenant prior to issuance of building permit, guarantee that the
caretaker unit:
a. Shall not be required to be rented;
b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the
ultimate form 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 they may not qualify as employees of the community;
d. Shall he rented for terms not less than 6 months if rented.
12. Upon completion of the CDU, but prior 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.
13. 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.
14. The provisions of this regulation are for the purpose of providing a voluntary CDU on 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.
15. No development shall occur outside the approved envelope, with the exception of vegetation removal
necessary to comply with the wildfire mitigation measures described above. No structures shall be
permitted outside of the approved building envelope.
16. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the comers 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.
Hearing officer Determination No. J_-2011
Page 5
000016
17. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
18. 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
7 QS 7UGt r( I X , 2014.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
12" day of December 2010-
APPROVED AND ADOPTED this 181 day of January, 2011.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
AsWn Times Weekly on the Z &y of 011.
ATTEST:
�vrtrllct- Lao"ty'r
Bonnie Waechller, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
County Attorney
P101 -10,
?0#264327401003
Hearing Officer Determination Ala. 1 -2011
Page 6
UUU017
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
By �. -
J� es R. Tote, Hearing Offcer
/Date
APPROVED AS TfO( }CONTENT:
Cindy Houben,
Community Development Director
mme IWI: 6!3069, 0913713011 at 09:30:09 M. 1 -1 1. R S11
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
September 25, 2012
Kevin Michelson
314 AABC, D
Aspen, CO 81611
kevin @galambosarchitects.net
Re: LW Development Inc. Minor Amendment to a Development Permit
(CASE P089 -12; PID 2643 - 274 -01 -003)
Dear Mr. Michelson:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
MEMORANDUM
To: White Horse Springs Metro District
FROM: Mike Kraemer, Community Development Department
Michael.kraemerkco.pitkin.co.us
co.pitkin.co.us
Re: LW Development Inc. Minor Amendment to a Development Permit
(PID 2643 - 274 -01 -003; Case P089 -12)
DATE: September 25, 2012
Attached for your review and comments are materials for an application submitted by LW
Development Inc. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Friday, October 19, 2012.
http:// www. aspenpitkin.comIPortals /0 /docs/ county/ Com% 2ODev IPlanningILand_Use_Applicatio
ns /P089_12_app.pdf
Thank you.
PITKIN AUNTY COMMUNITY DEVEL,.,,, MENT
Permit Receipt
RECEIPT NUMBER 00032930
Name: Bowden Development Co Date:9/12/2012
Project Address: 455 SUNNYSIDE LN
Type: check # 2237
Permit Number Fee Description
0089.2012.PLAN
0089.2012. PLAN
PP- Flat Fee
PP- Clerk Tech Fee
Amount
936.00
25.00
Total: 961.00
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