HomeMy WebLinkAboutbocc.res.084.2013 RECEPTION#: 607497, 01/23/2014 at
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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,APPROVING THE LAST CHANCE NO. 2 NORTH PARCEL ACTIVITY
ENVELOPE AND GMQS EXEMPTION
•
Resolution No.ty 2013
•
RECITALS
1) Last Chance No. 2, Inc. (hereafter "Applicant") has applied to the Board of County Commissioners of
Pitkin County("BOCC") to establish an Activity Envelope to accommodate a new single family
residence.
2) The property is located on Woody Creek Road in the Lenado townsite area,and is more specifically
described in Exhibit A.
3) The parcel contains 44.19 acres and is zoned RS-20. The parcel was created in 2012; the subdivision
exemption plat is recorded in Plat Book 99 at Page 71.
4) The parcel contains several existing structures, including: Peters or Loushin Cabih (1890), Kathie or
Peters Cabin(1970), Hawthorne Cabin(1890), Varney Cabin(1880)and Corbett Cabin. Documentation
on the structures, including photographs, is included in the application. The Peters/Loushin was
stabilized in 2012. The Vamey Cabin is in the process of being restored. The Corbett Cabin is a trailer
with an attached shed.
5) The BOCC considered the application at duly noticed public hearings on October 9 and 23, 2013.
6) The BOCC finds that the parcel is exempt from Growth Management for development of up to 5,750
square feet of floor area, pursuant to Sec. 6-30-1 10 of the Land Use Code("Code"), which provides
for replacement of a legally created structure built prior to the issuance of County building permits. •
The Hawthorne Cabin on the parcel was built in the 1890s.
7) The BOCC further finds that the Activity Envelope complies with the applicable provisions of the
Code, as follows:
A) The Activity Envelope is not exposed to avalanche hazards, and is not within an active alluvial
fan or a rockfall area, and,therefore, complies with Sec. 7-20-50 of the Code.
B) 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 feet from the existing high
water line, whichever land area is greater. The Activity Envelope is more than 20 horizontal feet and
5 vertical feet from Woody Creek.
C) The Activity Envelope maintains a 100' setback from the high water line of Woody Creek,as
required by Sec. 7-20-80 of the Code.
D) The wildfire hazard is rated as low,and can be mitigated pursuant to the provisions of Sec. 7-20-
60(c)of the Code.
E) The activity envelope contains slopes of less than 30%.
F) The parcel is within elk and mule deer summer ranges, where development is permitted by Sec. 7-
20-70 of the Code. Development of the parcel will have minimal impacts on wildlife, given the
surrounding development.
Resolwion No.Ot -2013
Page 2
APPROVED by the Director, 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 application and shall consider those
representations to be conditions of approval, unless amended by other conditions.
2. The property is exempt from growth management for up to 5,750 square feet of floor area. All of the
structures on the parcel count in the measurement of floor area on the parcel. If a new principal
residence is built on the parcel, then any existing dwelling(s) would have to be deed restricted to
remain as a dwelling(s).
3. The existing cesspools on the parcel shall be modified or replaced, pursuant to a plan and schedule
that shall be approved by the Environmental Health Department by April 15, 2014.
4. Prior to submission of any building permit applications for a new single family residence,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.
5. Prior to submission of the Site Plan Review application for a new single family residence, the
Applicant shall be required to submit for approval by the County Attorney and Community
Development 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 of them. The Activity Envelope Plan shall be amended as follows, prior
to submission for recordation:
A. Amend the Activity Envelope boundary to exclude the area 30' on either side of the center line of the
historical road alignment as shown on Exhibit B, pending a final judicial determination as referenced .
in condition/16 below.
6. Pending a final judicial determination concerning public access rights along the historical road
alignment that traverses the property as shown on Exhibit 13, no development shall be permitted
within the area 30 feet on either side of the center line of the historical road alignment.
7. With the building permit application for a new 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. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the
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.
C. Submit a large scale construction management plan for review and approval by Planning/Zoning.
D. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
E. 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.
F. Submit a landscaping plan.
G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
H. Submit a lighting plan.
Resolution No.W ti-2013
Page 3
8. 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 an Access Permit for the driveway.
C. Obtain an On-Site Wastewater Treatment System("OWTS")Construction Permit application from
Environmental Health.
9. Areas disturbed by construction shall be re-vegetated within one growing season of the project's
completion.
10. No new development in excess of 30"above 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 within the setbacks shall not exceed
four feet from the most restrictive grade. Any development located within setbacks mandated by
County zoning regulations that does not comply with these restrictions shall require a variance from
the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure
approval of a variance.
11. 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.
•
12. 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 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.
5) Tree crown separation within the 30 foot perinieters 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.
Resolution No.651 -2013
Page 4
I I) 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.
13. The Applicant shall comply with the following conditions regarding wildlife:
A. Manipulation of vegetation outside of the activity envelope is prohibited, except as necessary to
comply with the wildfire hazard mitigation measures.
B. 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 enclosure as required by
the County's Wildlife Protection Ordinance.
E. 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.
H
Resolution No.O -2013
Page 5
F. 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. Bird feeders should be removed from April
through November.
G. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed
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.
3) Mesh or woven wire fences are prohibited, except when used for protection around isolated
trees or clumps of trees.
14. No development shall occur outside of the approved activity envelope, with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above, and
as permitted by the Code to remodel, replace, restore, reconstruct or repair the existing structures that
• are outside of the activity envelope.
15. Prior to commencement of any earthmoving or other construction activity for a new residence, 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 Occupancy.
16. 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,
with the exception of existing structures that were legally created.
17. 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.
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
C �de, § 2--20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
�2, 2016.
6
Resolution No.O -2013
Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
6'11 day of September, 2012.
APPROVED this/3' day of d(V'LQC,2013.
PUBLISHED AFTER ADOPTION F R VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the iday of�(AtLUUI r, 2013. c)._O (4 -
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY,COLO • DO
BYCLH„.._
George ewman, S airman
A EST: (- aa -`7-01.1
id.nette Jones, Clef to the BOCC
A'PROVED AS TO CONTENT: APPROVED AS TO FORM:
4 g1/61.---/
Cindy Flouben John-Ely
Community Development Director e ttorney
PID#264127200001
P036-12
6
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LEGAL DESCRIPTION
Last Chance No. 2 North — Last Chance Number 2, Inc.
A parcel of land being comprised of a part of Mineral Survey No. 5759 (the River Lode, the
Last Chance Lode, Last Chance No.2 Lode the Eureka lode, the Tenderfoot Lode, the
Lamokin Lode, the Mollie Lode, and the Annex Lode), also a part of Mineral Survey No.
6635 (the Tillie Lode), situated in Sections 22 & 27, T.9S., R84W., of the 6`h P.M., being
more particularly described as follows;
Considering the East line (line 7-6) of the Alma Lode to bear N24°26'00"E and all bearing
contained herein to be relative thereto;
Beginning at a point on line 19-18 MS 5759 the Annex Lode whence corner#19 of the
Annex Lode bears S21°58'00"W a distance of 101 2.45 feet;
thence N 21°58'00" E a distance of 487.55,along line 19-18 MS 5759 the Annex Lode to
corner #18 of the Annex Lode;
thence N 65°40'00" W a distance of 95.00 along line 18-17 MS 5759 the Annex Lode to
corner #30 MS 5759 the Mollie Lode;
thence N 21°24'00" E a distance of 845.02 along line 30-31 MS 5759 the Mollie Lode to
corner#31 of the Mollie Lode;
thence N 65°40'00" W a distance of 270.11 along line 31-27 MS 5759 the Mollie and
Lamokin Lodes to the intersection with line 1-2 MS 6635 the Tillie Lode;
thence S 76°40'52" E a distance of 189.26 along line 1-2 MS 6635"the Tillie Lode to the
intersection with line 2-3 MS 6500 the Highland Lode;
thence N 20°49'00" E a distance of 1019.10 along line 2-3 MS 6500 the Highland Lode to
corner#3 of the Highland Lode (a stone properly marked);
thence S 70°02'00" E a distance of 96.13 along line 3-4 MS 6500 the Highland Lode to the
intersection with line 2-3 MS 6635 the Tillie Lode:
thence N 23°42'04" E a distance of 483.80 along line 2-3 MS 6635 the Tillie Lode to
corner #3 of the Tillie Lode;
thence N 76°37'00" W a distance of 304.90 along line 3-4 MS 6635 the Tillie Lode to
corner #4 of the Tillie Lode;
thence S 23°42'04" W a distance of 1486.61 along line 4-1 MS 6635 the Tillie Lode to the
intersection with line 26-27 MS 5759 the Lamokin Lode;
thence N 65°40'00" W a distance of 228.73 along line 26-27 MS 5759 the Lamokin Lode
to corner #27 of the Lamokin Lode;
thence S 21°24'00" W a distance of 845.02 along line 27-28 MS 5759 the Lamokin Lode to
corner #28 of the Lamokin Lode;
thence N 65°40'00" W a distance of 1356.50 feet along line 15-14 MS 5759 of the Last
Chance Lode and line 21-22 MS 5759 the River Lode to corner #22 of the River Lode
thence S 21°58'00" W a distance of 570.93 along line22-23 MS 5759 the River Lode;
thence leaving said line S 68°02'00" E a distance of 2017.79 to the point of beginning and
containing 44.193 Acres more or less.
County of Pitkin, State of Colorado
The name and address of the person who created this legal description is:
Jeffrey Allen Tuttle, P.L.S. 33638
727 Blake Avenue
Glenwood Springs, Colorado 81601
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