HomeMy WebLinkAboutbocc.res.080.2013 RECEPTION#: 607494, 01/23/2014 at
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1 OF 7, 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 SILVER CREEK PARCEL 2 ACTIVITY ENVELOPE
Resolution No.NQ-2013
RECITALS
I) Lenado Twelve LLC (hereafter "Applicant") has applied to the Board of County Commissioners of ,
Pitkin County("BOCC") to establish an Activity Envelope to accommodate a single family residence.
2) The property is located beyond the Lenado townsite, with access off of Larkspur Mountain Road,and
is described as Parcel 2, Silver Creek Subdivision.
3) The parcel contains 47.29 acres and is zoned RS-20. The two lot Silver Creek Subdivision was created in
1998 pursuant to a Settlement Agreement and Stipulation ("Settlement Agreement"), to which the
County is a party. The Final Plat was recorded in Plat Book 84 at Page 76. The Agreement established
the following limitations for Parcel 2:
A) Permitted to be"improved with one single family residence not to exceed 3,000 square feet in size
and a garage not to exceed 500 square feet in size. No additional floor area is permitted. Such
single-family residence shall be permitted,exempt from the County's Growth Management Quota
System,but any additional development shall be subject to the County's Growth Management Quota
System requirements."
B) The residence"shall be subject to the County's 1041 regulations as to the location of the building
envelope and other reasonable conditions authorized pursuant to the 1041 regulations."
4) The parcel is undeveloped, with the exception of a horse corral and a pole barn that was removed.
5) The BOCC finds that the Activity Envelope complies with the applicable provisions of the Code, as
follows:
A) The Activity Envelope is within a moderate/blue avalanche hazard zone. The only developable
area on the parcel is on the valley floor,due to steep slopes to the east and west,and the valley floor
traversing the property is encompassed by the blue zone. Therefore, there is no alternative location
on the parcel that avoids the moderate hazard zone, and development is permitted pursuant to Sec. 7-
20-50(a)of the Code, subject to mitigation.
B) The Activity Envelope is not within an active alluvial fan or a rockfall area, and, therefore,
complies with Secs. 7-20-50(c) and (d)of the Code.
C) A reduction in the setback from Silver Creek and a perennial stream from 100' to 50' is
appropriate, as (I) there is no area on the property that can reasonably be used for development
outside of the 100' setback; (2) the reduction will not result in water quality degradation, stream
bank erosion and/or a reduction in the quality of riparian or wetland habitat;and(3)the reduction
complies with the criteria in Sec. 7-20-80(a)(4)of the Code.
D) Silver Creek flows through the parcel. The floodplain for Silver 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; in this case 5 vertical feet is more restrictive. The proposed Activity
Envelope does not fully avoid all lands within 5 vertical feet of Silver Creek,but can be revised to
comply with this standard.
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Resolution No.00-2013
Page 2
E) The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7-20-
60(c)of the Code.
F) The activity envelope contains slopes of less than 30%.
G) 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.
APPROVED by the Director, 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 and shall consider those
representations to be conditions of approval,unless amended by other conditions.
2. Consistent with the Settlement Agreement,the property is exempt from growth management for up to
3,500 square feet of floor area as defined at the time of building permit application. In addition,the
Applicant may construct agricultural buildings exempt from floor area as permitted by the Code for a
47+acre parcel. No additional floor area whatsoever shall be permitted. Future division, subdivision
(including de facto subdivision), or partition of the Property into more than one parcel of land,
whether by physical or legal process, shall be prohibited. If Applicant ever elects to vacate this
approval, then the prior 1998 Settlement Agreement recorded at Reception #432561 in the Office of
the Pitkin County Clerk and Recorder shall remain in effect.
3. 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. In
addition to the standard requirements, the Applicant shall include on the Site Plan any avalanche
mitigation measures or structures required to protect the residence, other structures and the driveway,
as determined by an avalanche expert.
4. 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 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 to maintain a setback of 5 vertical feet from the high water line of
Silver Creek or provide documentation to demonstrate that the proposed Activity Envelope avoids
the 100 year floodplain. In no case shall the size of the Activity Envelope be increased from the size
that has been represented.
B. 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 A, pending a final judicial determination as specified
in Condition#5 below
5. Pending a final judicial determination concerning public access rights along the historical road
alignment that traverses the property as shown on Exhibit A, no development shall be permitted
within the area 30 feet on either side of the center line of the historical road alignment.
6. With the building permit application for a new residence, the Applicant shall:
A. Submit signed, stamped plans from a certified professional engineer licensed in the State of Colorado
for any structural avalanche defenses.
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Resolution No.00-2013
Page 3
B. Provide proof of an adequate water supply On terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
C. 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.
D. Submit a large scale construction management plan for review and approval by Planning/Zoning.
E. 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.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
I. Submit a lighting plan.
7. 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 from
Environmental Health.
8. Prior to commencement of construction; the Applicant shall post a sign where the driveway enters the
property warning users that the driveway is within a moderate avalanche hazard zone.
9. Areas disturbed by construction shall be re-vegetated within one growing season of the project's
completion.
10. No 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):
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Resolution No.06 -2013
Page 4
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 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 1/4 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.
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Resolution No.6J-2013
Page 5
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.
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.
15. Prior to commencement of any earthmoving or other 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 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 for proposed
structures. Any structures represented in the application may not be permitted under building and zoning
regulations.
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.
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Resolution No.t%i -2013
Page 6
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
Cods, § 2-20-R0 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
OC O/r , 2016.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
6th day of September,2012.
APPROVED this 9th day of October, 2013.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the'', tday of &Wvtt 2013. 9-0i4
BOARD OF COUNTY COMMISSIONERS,
PITKI OUNTY, COLORAD■
By/ 4'
yeslier,ew tan, •hai In n
A IEST: 7' 7- '}--- • / `l
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J-a tette Jones,Cler to the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
! r'
Cindy Houben .• n Ely
Community Development Director - Count • orney
Applicants accept and agree to all expressed conditions, recitals and findings contained in this Resolution,
including representations regarding development of the parcel specified in Condition#2.
1Z - t . (
Daniel Delano, Lenado Twelve LLC Date
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PID#264122300018
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