HomeMy WebLinkAboutbocc.res.082.2013 RECEPTION#: 606302, 12l06/2013 at
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1 OF 7, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudili, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO ANPROVING THE HIDUEN TRF.ASURE YARCEL ACTIViTY ENVELOPE AND
GMQS F.XF.MNTION
Resalution No.��=2013
RECITALS
1. Lenado Twelve, I.,LC ("Applicants")has applied to the l3oard of County Commissioners of Pitkin
Coimty,Colorado("I30CC")to establish an Ac[ivity Envelope and obtain a Gro��4h Managcment
Quo[a System (GMQS) Esemption [o construct a single-family residence.
2. "fhe property is located off of Larkspur Moun[ain Road, is referred to as the Hidden Treasurc Parcel,
and is more specifically described in L'xhibit A.
3. "I hc parcel con[ains 35.25 acres and is a conforming size parcel in the RS-20 zone district.
4. "I'he Applicant recorded a 35+acro subdivision exemption plat for the liidden Treasure Parcel in Plat
13ook 99 at Page 73 (4/3/2012). The parcel contains[hc remains of a cabin built in the 1890s, which is
rel'erred to as the Flerron Cabin.
5. The [30CC considered the proposed application at duly noliced public hearings on Octobcr 9 and 23,
2013.
6. "fhe Applicant demonstrated to the satisfaction of the Counry Attomey that the parcel was legally
created prior to June 12, 1978, and, therefore, is eligiblc for an exemption Irom the Growth
Management Quota Sys[em ("GMQS").
7. "1'he BOCC finds that the Activity Envclopc complies with the applicable provisions of the Code, as
f'ollows:
A) �I'he Activity Envelope is not exposed to avalanche harards, and is not within an activc alluvial
Can or a rockfall area, and, theretore, complies with Sec. 7-20-50 of�he Code.
l3) Woody Creek Flows through the parcel. THe floodplain for Woody Creek is not delineated.
Where the Floodplain has not been established, Sec. 7-20-40(a)(4)of the Code requires that
development avoid all lands within an area 20 horizontal or five vertical feetfrom the existing high
water line, whichever land area is greater. The Activity Gnvelope is more than 20 horizontal feet
and 5 vertical feet I'rom Woody Creek.
C) The Activity Envclope maintains a 100' setback from the high water line of Woody Creek, as
required by Sec. 7-20-80 of the Codc.
D) "fhe wildfire hazard is rated as lo���, and can be mitigated pursuant to the provisions of Sec. 7-20-
60(c)of the Code.
B) "fhe activity envelope contains slopes of less than 30%. �
�) "I'hc parcel is within clk and mule decr summer ranges, where development is permilled by Sec. 7-
20-70 of the Code. Development of the parcel will htrve minimal impacts on wildlife, givcn the
surrounding dcvclopment.
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Resolutian Na.UD`10/3
Puge 2
APPROVEU by the Director, subjec[to the following conditions, which shall run with the land and be
binding on all successors in interest:
l. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
2. The property is exempt from growdi management for up to 5,750 square feet of(loor area.
�3.J Prior to subtnission of any building permit applications, the Applicant shall bc required to submit for
`� approval an application for Site Plan Review, pursuant ro Secs. 2-30-20 and 7-10-50 of the Code.
�� �V�YV�I�q �'�^'� .
4. Prior to submission' ot tlie Site Plan Review application, the Applican[ shall be required to submit for
approval by the County Attorney and Community Development an Activity Gnvelope Plan in
accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.I. "I'he above
referenced approvals shall be a condition precedent to finalization and recordation of them.
5. With the building permit application for a new residence,the Applicant shall:
A. Submit authorization from the U.S. Forest Scrvice for use of the portion ot�the driveway that
crosses USFS land (t�rom the intcrsection of[he driveway with Larkspur Mountain Road to the
boundary of the parcel).
B. Provide proof of an adequate water supply(in tenns of quantity and availability) for domestic and
� fire protection purposes, and for irrigation purposes, if applicable.
C. Submil a drainage and erosion control plan for review and approval by Planning/Zoning staff. If the
development disturbs one (I) acre or more, [he Applicant shall apply for and obtain a State
Stormwa[er PermiL All historic and natural drainage patterns shall be tnaintained.
D: Submit a large scale construction management plan for review and approval by Planning/Zoning
staff.
G Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
F. Submit a tree mitigation plan for the removal of trees larger than 6" DBH. Diseased trees do not
require mitigation; a certified arborist must evaluate the trees to verify.
G. Submit a landscaping plan.
f-I. Submit a detailed revegetation plan for disturbed areas with appropriate seed tnixes.
I. Submit a lighting plan.
6. Prior to issuance of the building permit for a new residence, the Applicant shall: _
A. Pay the applicable road and employee housing impact fees.
B. Obtain a County Access Permit for[hc driveway.
C. Obtain an On-Site Wastewater Treatment Syslcm ("OWTS")Construction Permit from
Environmental Heallh.
7. Areas disturbed by construction shall be re-vegetatcd within one growing scason of the project's
completion.
8. No development in exccss of 30" abovc or below natural grade shall occur within the setbacks of the
parcel, with the exception of driveways and associated retaining walls of up to 6' above or below
natural grade and fencing. Landscaping in the form of berms �vithin [he setbacks shall no[exceed
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Resolarron No.0��=20/3
Page 3
four feet from the most restrictive gradc. Any developmenl located within setbacks mandated by
County zoning regulations that does not comply with these restrictions shall require a variance from
the [3oard of Adjustment. Approval of an activiry envelope within such setbacks does not assure
approval of a variance.
9. 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 hirning around of fire cquipment,
installation of an approved fire sprinklcr system and provision of an adequate water supply for
firefighting.
10. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property o�aner's ability to comply with Ihis section, shall incorpora[c landscaping
wi[h wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation pattems have already
� fulfilled these conditions): �
I) Brush, debris, and non-omamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
2) Vegetation shall be reduced to bmak up the vertical and horizontal continuity ofthe 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 Ihe fuel. Masimum 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 Gom trees and brush within the 30 foot perimeter shall be pruned [o a height of 10
feet above thc groimd and ladder fuels from around trees and brush shall be removed.
5) Tree crown separation within thc 30 foot perimeters shall havc a minimum of 10 fcet be[ween
the edges of the crowns.
6) All branches which extend over the roof eaves shall be Vimmed and all branches within I 5 feet
of Ihe 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 conifcr trees shall be planted within 10 f'cet of a residenee.
10) No flammable mulches shall bc placcd within two feet of a residence.
I 1) "I'he applicant shall be responsible for the con[inued maintenance of the defensiblc space
vege[ation rcquirements.
l3. Roofing Materials: Roofs shall bc 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:l2 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.
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Resolulion No.��20H
Puge 4
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 thc
Fire Marshal prior to submittal of a building permit application.
C. Additional wildtire mitigation standards:
I) Roof vents shall be screened with corrosive resistant wire mesh with mesh '/a inch maximum.
2) Roofs and gutters shall be kept clear of debris.
3) Yards shall be kept clear of all litter, slash, and flammablc debris.
4) All Flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 fee[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 fcnces shall no[connect to the struceure.
8) Fuel tanks shall bc installed underground with an approved container.
9) Propane tanks shall be installcd according to NFPA 48 standards and on a contour away from
the structure with standard defensibie space vegetation mitigation around any above-ground
tank. Any wood cnclosure 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 AE3C fire extinguisher placed
� in a visible and accessible location.
, I 1) Addresscs shall be clearly marked with 2 inch non-combustible letters and shall bc visible and
installed on a non-combustible post.
12) New utility lines shall be buried within the driveway.
I I. 'I'he Applicant shall comply with the following condi[ions regarding wildlite:
A. Manipulation of vegetation ou[side of the activit�' envelope is prohibited, except as necessary to
comply with the wildfire hazard mitigation mcasures.
l3. Contractors shall be prohibited from bringing their dogs on-site.
C. Landscaping shall not include nut, berry or fruit producing trees or shrubs to minimize an
attractant to bears.
D. Trash/garbage shall be kept in an approved bear resistant container or endosure as required by
the Coimty's Wildlife Protection Ordinance.
L'. All outsidc doors shall utilize only solid round handled door knobs imless another type is required
by the applicable building code for disabled accessibiliry purposes.
P. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
shall be at least 10' from the ground suspendcd between 2 trees or posts. All seed Ceeders shall
indude a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April
through Novembec
G. Fencing shall comply with the following, e�cep[ for fencing immediately adjacent to the
buildings to contain pets or livestock:
I) Wood fencing shall employ three rails or less, be the round or split rail typc, shall not excccd
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails. •
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42
inches in height.
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Resolutran Na.�?013
Page 5
3) Mesh or woven wire fences are prohibited, exccpt wheqused for pro[ection around isolated
trees or clumps of Irees.
12. No development shall occur outside of the approved activity envelope, with�the exception of
vegetation retnoval necessary to comply with the wildfire mitigation measures described above. � �
13. Prior to commencemen[of any earthmoving or o[her construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate
of Oceupancy.
14. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requircments
have been conduc[ed. These requirements will be considered a[the time of building permit.
I5. 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 vcsted rights for thc approval contained herein are granted pursuant to the Pitkin Coimty
Land Use Code and Colorado Statutes, subjec[ to the exceptions set forth in Pitkin County Land Use
Code § 2-20-170 and C.R.S., § 24-68-105. "I'he statutory vested rights granted herein shall espire on
�° 2016.
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� ResultdionNd/���073
Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASNEN T1MES WEEKLY on the 6'h day
of September, 2012.
APPROVED this�day of � ,� [,�/ , 2013.
PUBLISHED AF7'ER ADOPTI�jN FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the(,��day of IJ rpn«lw�/L013.
BOARD OF COUN"I'Y COMMISSIONERS,
PI"I'KIN COUN"I'Y, COLORADO
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i� �� George Nc� man, Chai man
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�.J I.G r '': ��-
Jeanet[e Jones. Clcrk t the E30CC
AP�ROVED AS TO CONTFN"I': APPROVED f1S TO FORM:
c�r�� C�o.,��c.�u c�t �
Cindy Houben John E
Community Development Dircctor y Attorney
PIDN264127100011
P037-12
� �
EXHIBIT A
TO
GEYERAI, WARItANTYDEED �
A parcel of land being comprised oi h1inzrat Survey No.612(the Sea Bird Lode,the Apex Lode, .
and ihc Hidden Treasure Lode),a pan oi Mineral Survey No. 14196(the Camp Bird Lode),and a
. . pan of Mineral Sun•ey�'o.6500(the Hiehland Lode),being described as foltows:
� Considering the North line (line 3-0) of�he Highland Lode to bear S�70°02' E and all bearings
contained herein to be relative thereto;beginning at comer�3 of the Highland Lode being the NW
comer of the Highland Lode(an original stone propedy marked);thence S 70°02'$96.13 fee[to�he
� interseclion with the Easl line(lene 2-3)of MS 6635(Ihe 7'illie Lode);thence continuing S 70°02'
E 157.64 feet to comer#4 of[he Highland Lode (an original stone properly marked); thence S
26°59'04" W 82.83 feet to the intersection point on the North line(line 3-4)of the Sea Bird Lode,
said point being S 66°I O'E 2.09 feet from wmer d3 of the Sea Bird Lode;thence S 66°I O'E 286.37
feet to comer#4 of the Sea B'vd Lode(an aiuminum cap set by the U. S. Forcst Service);thence S
26°43'W 132130 feet to comer#I of the Sea Dird Lode(an aluminum cap set by the U.S.Forest
Service)being on the Nonh line(line >-6)of the Apex Lode and which Talis S 66°10'E 19.3 feet
from wmer#5 of the Apex Lode(an aluminum cap set by the U.S.Forest Scrvice);thence S 66°l 0'
E 303.50 feet to comer N6 of the Apex Lode (an aluminum cap set by the U. S. Forcst Service); _
. thence S 0?°I 1'W 1500.00 fcet to comer N7 of the Apex Lode(an aluminum cap set by the U. S. �
� . Forest Scrvice);Ihence N 66°10'W 622.80 feet along the South line Qine 7-8)and the South line
{line 12-11)of ilte Hidden Treasure Lode to wmer N I 1 of the Hidden�Treasure Lode(an aluminum
� cap set by ihe U.S.Forest Service);thence N 02°I O'E 782.10 feet along the west line of�he Hidden
Treasure Lode�o corner H4 otMS ]4]76, being thc Camp Bird I,ode(an original stone propedy
marked); thence N 69°50'14" W 140.65 feet along the southedy line(line 4-I)of the Camp Bird
Lode to�the intersection with the eaztcrly line(linc 18-19)of MS 5759,being the Annex Lode(an
aluminum cap set by the U:S.Forest Service);thence N 21°58'L- 161.82 feet along line 19-18 of the
Annex Lale ro comer#I 8 o(the Annex Lode;thence N 65°40'W 95.D0 feet along tine 18-I 7 of the.
Mnex Lode to comerH30 MS 5759 the Moilie I.ode;thcnce N 21°24'E 845.02 feet along line 30-31
of MS 5759 the Mollie Lode to comer#3( o(the Mollie Lode;thence N 65°40'W 82.17 feet along
the North line Qine 31-32)of the Mollie Lode to the intersection of line 2-3 of the Highland Lode;
thence N 20°49' E 36.?2 fcet to�he intersection oC line I-2 of the Tillie Lode; thence continuing
along line 23 0(the Fiighland Lode N 20°49' E 1019.10 feet to the point of bcginning,containing
35.246 acres as described.
IsskAenm�2legJ,03
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