HomeMy WebLinkAboutbocc.res.014.2014RECEPTION#: 608454,03106/2014 at
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1 OF 9, 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 GSM ASPEN, LLC SUBDIVISION EXEMPTION FOR A
MAJOR PLAT AMENDMENT, ACTIVITY ENVELOPE/SITE PLAN REVIEW, AND
RESTORATION OF A LEGAL NON -CONFORMING STRUCTURE WITHOUT SIGNIFICANT
CHANGES
Resolution No. b/y -2014
RECITALS
1. GSM Aspen, LLC ("hereafter referred to as the Applicant") has applied to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC") for a Subdivision Exemption for a Major
Plat Amendment, Activity Envelope and Site Plan Review to merge two platted lots in effort to
construct a larger residence. Also requested is the ability to restore legal, existing development
within the rear yard setback of the lot.
2. The two Lots are identified and legally described as 200 East Reds Road, BLK 1, Lot 5 and 300
East Reds Road, BLK 1, Lot 6 of the Red Mountain Ranch Subdivision.
3. The Lots are within the R-30 Zone District and within the Aspen Urban Growth Boundary (UGB)
4. The Pitkin County Planning and Zoning Commission considered the proposal at regularly
scheduled meetings on October 1". 2013 and November 12'", 2013. The P&Z recommended
approval to the BOCC by a vote of 5-0.
5. The BOCC reviewed the application on I" Reading at a regularly scheduled, duly noticed public
hearing on January 22d, 2014 and at 2"d Reading and a regularly scheduled public hearing on
February 12'h, 2014. Evidence and testimony were presented with respect to this application.
6. The BOCC finds that the proposal is consistent and compatible with the surrounding neighborhood
of the Red Mountain Ranch Subdivision and Red Mountain as a whole, and therefore is consistent
with Code Section 2-30-40(i)(2)(A).
The BOCC further finds that the pergola will comply with the rear yard setback but that the pool
and retention wall has been located within that setback. Because the pool and retention wall are
located within the same footprint and configuration as the existing lot 6 residence, and that the pool
and retention wall are subgrade, and as a result, will reduce mass, bulk, and height within the rear
yard setback, the proposal complies with Section 9-50-20 of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the GSM LLC
Subdivision Exemption for a Major Plat Amendment, Activity Envelope/Site Plan Review, and Restoration
of a Legal Non -Conforming Structure without Significant Changes, subject to the following conditions
that shall run with the land:
1. 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 required TDR's for additional
floor area up to 15,000 square feet from a base of 5,750 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 Applicant shall be required to
submit for approval by the County Attorney and Community Development an Activity Envelope and
Site Plan and a Plat Amendment that illustrates the approved Site Plan envelope in accordance with
Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The Applicant shall also
submit an amended plat in accordance with Application Manual Section 2.1.13.
5. The future residence and any future structures shall utilize non -reflective roofing and earth tone colors
for the fapade of buildings.
6. At 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. Obtain a County access permit.
D. Submit a drainage and erosion control plan. All slopes steeper than 2:1 shall utilize erosion
control blankets.
E. Submit engineered plans for retaining walls greater than four feet in height and provide a
Geotech report for walls.
F. Submit a construction management plan for review and approval by the Planning/Zoning
showing the locations of staging, material storage, and employee and construction traffic
parking. The plan shall also study the potential for rockfall/debris that could potential
impact the residence below and implement best management practices to address the
hazard, if necessary.
G. Pay the applicable road and employee housing impact fees.
7. Future utility extensions shall be undergrounded using an alignment that avoids significant trees and
shall be revegetated promptly with a landscape plan approved by Pitkin County Community
Development.
8. The property is designated in a severe wildfire hazard area and shall comply with the County
Certified Wildfire Report found in Attachment A. Additionally, the Applicant shall comply with all
terms and conditions of the Aspen Fire Protection District.
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.
D. 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.
I. Pet food shall not be left outside.
J. The residence shall install round handled door knobs.
10. 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 activity envelope. Applicant shall be required to obtain
an Earthmoving Permit for any work outside the approved envelope.
1 l . 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.
12. 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.
13. 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 February 12's, 2017.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the W day of December,
2013.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 22nd day of January, 2014.
APPROVED AFTER SECOND READING on the 12d' day of February, 2014
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the I30�ay of MAY , 2011 t-1 .
ATTEST:
Jones, 'Clerk to the BOCC
APPROVED AS TO FORM:
John, Coun mey
P065-13
PID:273706303014
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Robert A. Ittner Jr.,
Chair
Date
APPROVED AS TO CONTENT:
C
Cin y Houben,
Community Development Director
ATiAcNMit�'l A --ro doCC 12001 -✓7-/0n1 Mo.
r I =
CONSULTING ON WILDPIBE HAZARD MITIGATION
"'BE PROTECTION AND BUILDING & FIRE CODES
May 6, 2013
Mr. Janver Derrington
Cunniffe Charles Architects
610 E. Hyman Ave,
Aspen, Colorado 81611
(970) 925-5590
Subject: Wildfire Hazard Mitigation for property located at 200 East Reds Road,
Pitkin County, Colorado.
Dear Mr. Derrington,
Thanks for meeting with me on site at this property on Tuesday April 30' and for
providing me with information regarding the proposed house. I remained on site for a
time to take photos, measure slopes and evaluate the wildfire hazard conditions. I will
qualify my observations as those of conditions as they now exist.
I'm sure that you are aware that the type of vegetation, the continuity of
vegetation and the steep slopes on Red Mountain result in most of the sites in the area
being classified as a Severe Wildfire Hazard. This is true of this property as well. The
shape of the property results in short distances to property line to the adjacent property to
the south. This somewhat limits the ability of this property owner to manage the
vegetation since this management can only be done on their own property. The slope
below the proposed house varies between 35% to greater than 45%.
The vegetation is mostly a mix of oak up to 15 -feet in height, service berry of 10-
12 -feet in height, scattered mature conifer, cottonwood, and aspen, other native brush to
5 -feet in height and native grass to 4 -feet in height. The vegetation around the existing
houses have been maintained to a degree between the houses and East Reds Road,
however down slope to the south there has been very little if any vegetation management
accomplished, resulting in the continuity of the growth, fuel. There is a considerable
amount of deadfall, standing dead and dead growth on living trees on the property and
this should be managed as described in my recommendations below.
17 GAMBA DRIVE, GLENWOOD 3PRINGS, COLORADO 81801
PHONE (970) 379-3253 / firesdwsopris.not
G
Vegetation Management and Modification Recommended:
For a distance of 15 -feet around the proposed house and beyond the furthermost
projection of combustible construction the area should be of primarily
noncombustible hard scape surfaces, low growing perennials, flowerbeds, cut grass
and deciduous, well -trimmed and irrigated plants. Woody vegetation should not be
planted within this area. Firewood or other combustible materials should not be
stored within this area. If the owner would like to retain any of the trees near the
house, this may be done if the 15 -foot area is extended outward from the furthest
growth expected from the mature tree(s). In other words, these trees should have
defensible space as the house does. .
2. Beyond the 15 -foot area and up to 45 -feet (or to the property line where less than 45 -
feet), maintain natural and/or irrigated grass at less than 6 -inches and thin existing
trees and brush into individuals or clusters. Oak and service berry should be thinned
and clustered. Limbs of trees in this area should be pruned to one-half the height of
the tree, one-third the height of the tree for any conifer, or 10 -feet above ground,
whichever is less. No brush or shrubs which, when mature, will be tall enough to act
as ladder fuel should be provided or maintained around the trees in this betweenl5
and 45 foot (or less if a property line is encountered) perimeter. Clusters of bushes or
shrubs should be separated from each other and from those beyond the 45 -foot area
by a distance of 2 '/z times the height of the mature vegetation. The diameter of a
cluster should be limited to 2 %: times the height of the mature vegetation. As an
example: If the expected mature height of the vegetation is 10 feet then the diameter
of the cluster should be no greater than 25 feet and the distance between clusters
should be greater than 25 feet. Ideally the plant material growing between trees and
clusters of bushes or shrubs is grass maintained at 6 -inches or less.
Thin and remove lower branches of brush or shrubs within clusters or individual
plants to eliminate ladder fuel. Most of the shrubs that will be cut are vigorous
sprouting plants and with the approval of Pitkin County and the property owner the
cut ends may be treated with a product named Garlon® or an equivalent by a person
licensed to apply herbicides so as to prevent regeneration. Cut materials should be
either removed or chipped and spread.
3. Remove or chip all standing dead and deadfall on the property. The area below the
location of the proposed house has a considerable amount of standing dead and
deadfall and the removal of this coupled with the thinning of live growth should
provide for healthier growth and better slope stability.
0
New Construction:
I recommend that the design, materials and construction of buildings conform to the
design features and materials required by Pitkin County for safe construction in a severe
wildfire hazard area as restated below:
Pitkin County has adopted Structural Design and Construction Requirements. The
following are paraphrased from the Pitkin County Land Use Code, Chapter 7, Section 7-
20-60, Wildfire Hazards, and may not contain the exact language but it is intended to be
consistent with the intent and purpose of the Pitkin County Requirements.
Projections:
Eves and other projections should be kept to a minimum on the down slope side and on
cross slope sides and should not have ventilation openings unless the design and
configuration of the openings are specifically approved by Pitkin County. Projections
may include, but are not limited to eaves; cornices; soffits; roofs over open decks,
cantilevered floors; bay windows; decks or balconies. Projections may cause heat traps
and any to be included in the construction should be protected as follows:
Any projection including guardrails should be constructed with materials approved for
one-hour fire -resistive construction or Type N Heavy Timber construction materials per
the currently adopted building code. Projections should be constructed so that they do
not trap, hold or retain leaves or debris that may be ignited by burning brands carried by
air currents from any fire in the area.
An alternative construction for projections may be permitted provided they are
constructed of non-combustible building materials or materials with a flame spread
rating of less than twenty five (<25 tested to ASTM E84) and listed for exterior use.
Areas below such projections must be void of vegetation or other combustible materials.
The areas below these projections shall be protected from accumulation of vegetative
materials by placement of a vegetative barrier covered with rocks or gravel or shall be
concrete or stone. There shall be no storage of combustible materials under projections.
The walls under these projections shall be constructed of materials approved for one-hour
fire -resistive construction on the exterior side of the wall. Window openings in walls
below projections shall be tempered glass. Doors shall be noncombustible or one and
three-fourths inch (1 1/4") solid wood.
Windows and Glass:
Glazed openings shall be provided with closing, solid, exterior non-flammable shutters or
shall be of tempered glass.
Exterior Walls and Siding:
Siding and exterior wall construction shall have a minimum of one-hour fire -resistive
rating ground level to roofline, 5/8" gypboard underlying combustible materials or
cement stucco with a minimum thickness of 1/4". Exterior doors shall be noncombustible
or one and three-fourths inch (1 '/<") solid wood.
I
Foundation:
Foundations, skirting and crawl -space openings shall be fully enclosed and constructed
with materials approved for one-hour fire -resistive construction on the exterior side of the
walls and shall extend from the top of grade to the underside of the floor decking or
walls.
Roofs:
Roofs shall be constructed with a Class A roof assembly as defined in the 2003
International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings
are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not
permitted in wildfire areas unless they comply with the following:
1. All roof coverings shall be listed for installation as a part of the 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 the roof of debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted 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.
6. Vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth -
inch (Y. ") maximum.
Maintenance:
1. Roofs and gutters shall be kept clear of debris.
2. Yards shall be kept clear of all litter, slash and flammable materials and debris.
3. All flammable materials shall be stored on a parallel contour a minimum of
fifteen -feet (15') from any structure.
4. Weeds and grass within the fifteen -foot (15') perimeter and under trees, bushes
and brush shall be maintained at a height of not more than six -inches (6").
Miscellaneous:
I . Firewood/woodpiles shall be stacked on a parallel contour a minimum of fifteen -
feet (15') from any structure.
2. Non -saltwater Swimming pools shall be accessible to the Fire Department. .
3. Fences shall be kept clear of brush and debris.
4. Wood fences shall not connect to structures.
5. Any outbuildings or additional structures shall adhere to the same standards
described herein.
6. Each structure shall have a minimum of on one ten -pound (10#) Class ABC fire
extinguisher.
7. Addresses shall be clearly marked with two-inch (2") noncombustible letters and
shall be visible at the primary point of access from the public or common access
road and installed on a noncombustible post.
IiJ
I also recommend review and consideration of a publication titled "Firewise Construction
Design and Materials" available from the Colorado State Forest Service.
If you have comments, questions or require additional information please contact me.
Sincerely,
i
Art Hougland
NOTICE: This Wildfire Hazard Mitigation Analysis along with observations and
recommendations is intended to be an aid to the owner, architect and vegetation
management and/or landscape design and implementation professionals in the
development of defensible space and of fire wise construction documents. The review of
the existing wildfire hazard potential on this property and the observations and
recommendations for the mitigation of these hazards does not constitute an acceptance of
any responsibility by Hougland & Associates for errors, omissions or discrepancies. The
behavior of wildfire is acknowledged to be capricious in nature. Hougland & Associates
does not proclaim that circumstances, including improper maintenance, may not arise that
would permit wildfire to overwhelm the mitigation measures recommended or
implemented. Observations and recommendations are intended to be collaborative with
wildfire hazard mitigation guidelines of the Colorado State Forest Service and of other
nationally recognized standards and are intended to be constructive and in support of the
owners interest and safety.
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