HomeMy WebLinkAboutpitkin.planning.273501358004 (2015)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(s)
Parcel ID: 2735-01-3-58-004 Application Date: 11/3/15
Description: Eriksen Ranch Company LLC Scenic View Protection Review
Project Address: 600 NELL ERICKSON RD, ASPEN, CO 81611
Property Owner: ERIKSEN RANCH COMPANY Address: 96 GRAND ST #4F
LLC NEW YORK, NY 10013
Owner's REP: ALAN RICHMAN Address: PO BOX 3613
ASPEN, CO 81612
REP's Email: arichman@sopris.net
Referrals:
Comments Due Date:
Other Referrals:
Meetings: 1st Meeting: 2nd Meeting:
Meeting Date:
Review Body:
admin
Public Hearing?
yes
Notice Date:
11/26/2015
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 008-2016 #626882
Other Information:
VR Approval Date: 01/28/2016 Plat Recorded Date:
VR Expires Date: 01/28/2019 Plat (Bk, PG):
Remarks:
Application Type: Scenic /Ridgeline Review
Case No: P084-15
Planner: Suzanne Wolff
# Copies: 1
Allocated Hours: 5
% Over Hours: 6
Owner Phone:
REP's Phone: (970) 920-1125
3rd Meeting:
DECISIONS
RECEPTION#: 626882, 0210812016 at
12:45:58 PM,
1 OF 6, R $0.00 Doc Code ADMIN
DECISION
Janice K. vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PMUN COUNTY, COLORADO, APPROVING THE EREKSEN RANCH COMPANY
SCENIC VIEW PROTECTION REVIEW
Administrative Decision No. _&-2016
RECITALS
1. Eriksen Ranch Company ("Applicant") has applied to the Pitkin County Community Development
Director ("Director") for scenic view protection review approval to construct a new single family
residence.
2. The property is located at 600 Nell Erickson Road; and is described as Lot 4, Erickson Ranch
Subdivision.
3. The lot contains 11.1 acres and is conforming in size in the AR -10 zone district.
4. The Board of County Commissioners (`BOCC") approved the Erickson Ranch Subdivision, pursuant to
Resolution Nos. 99-198 and 059-2001. The Final Plat was recorded in Plat Book 57 at Page 67. The
Subdivision Agreement was recorded as Reception No. 454718. The vested rights expire on March 28,
2016.
5. Resolution No. 99-198 requires scenic review prior to building permit application. The condition of
approval specifies, "The intent of the review is not to reconsider the building envelopes, but to ensure
that the specific development within the building envelopes on those lots is consistent with the Code
criteria regarding materials, landscaping, lighting, etc."
6. The subdivision approvals limit the floor area on Lot 4 to 3,500 square feet, plus exempt floor area of
up to 4,000 square feet of below grade space and 750 square feet of garage, for a total gross floor area
of 8,250 square feet. One TDR is required to be surrendered at building permit to establish the
development right for the lot and attain the gross floor area of 8,250 square feet. After the vested rights
expire on March 28, 2016, the initial TDR will provide 5,000 square feet of gross floor area and
additional TDRs will be required at one TDR per 2,500 square feet to attain the gross floor area of
8,250 square feet.
7. The subdivision approvals limit the maximum height of the single family residence on Lot 4 to 25' as
measured in the Land Use Code.
8. The Director finds that the proposed residence complies with the provisions of See. 7-20-120(d) of
the Land Use Code ("Code"), as it is not located on the most visible portion of the site as seen from
Highway 82 and McLain Flats Road and does not project above a ridgeline. The perceived mass of
the residence has been reduced with one story above grade and one story below grade. The one story
above grade has a low profile, and is broken down into a series of smaller forms with a staggered
roofline and an articulated fagade. The building uses earth -toned and natural exterior building
materials.
9. The Director father finds that the proposed roof -mounted solar energy collectors comply with Sec. 4-
30-50(h) of the Code, as they will be accessory to the residence, will be used for on-site purposes, will
Administrative Decision No.�-2016
Page 2
not protrude above a ridgeline, will be accommodated on a flat roof that is below the maximum
allowable height, and are set back at least 3' from the edges of the roof.
THE DIRECTOR DOES HEREBY APPROVE the Eriksen Ranch Company Scenic View
Protection Review, subject to the following conditions, which shall run with the land and be binding on all
successors in interest:
1. The conditions of BOCC Resolution Nos. 99-198 and 059-2001 and the provisions of the Subdivision
Agreement shall remain in full force and effect.
2. 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. The footprint
shall be substantially consistent with the site plan attached as Exhibit A, and the south elevation shall be
substantially consistent with the graphic representation attached as Exhibit B.
3. The exterior of the residence shall be built or painted with indigenous earth tone materials or colors.
All.roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used
unless the materials are treated prior to installation to eliminate reflectivity, with the exception of
materials associated with solar or photovoltaic equipment. Tinting or non -reflective coatings shall be
applied to all south facing windows to minimize the reflectivity of these surfaces.
4. With the building permit application the Applicant shall submit an exterior lighting plan specifying the
location, type and number of exterior fixtures and demonstrating compliance with the County's lighting
regulations. The plan shall be reviewed and approved by the Community Development Department.
Exterior lighting shall be prohibited on the south facade, except the minimum required by the building
code adjacent to doorways.
5. With the building permit application the Applicant shall submit a landscape plan, which shall be
substantially consistent with the Conceptual Landscape Plan attached as Exhibit C. Existing gambel
oak and shrubs shall be retained to the extent feasible. New plantings shall be indigenous native
species. Native shrubs and grasses shall be utilized for revegetation of disturbed areas. All disturbance
caused by construction shall be revegetated no later than one growing season after completion of
construction. Limited landscaping, a portion of the pond and a portion of the terrace on the western end
of the residence may occur outside of the Building Envelope, as permitted by the Subdivision
Agreement.
6. Retaining walls shall be faced with stone or be of earth -colored materials similar to the surrounding
natural landscape. Retaining walls greater than 4 feet in height shall be supported by appropriate
engineering. A retaining wall shall not exceed 7 feet in height.
7. 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.
Administrative Decision No. 2016
Page 3
8. No calculations for height, bulk, setbacks, 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.
9. 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.
10. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
2019.
APPROVED by the Director, this 2811day of :&m±!LAA , 2016.
haw, WC &'c*
Cindy Houben, Community Development Director
P084-15
PIDN273501358004
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PRIMARY MATERIALS TO BE A COMBINATION OF A SPECIFIC SELECTION THE FOLLOWING
REPRESENTATIVE MATERIALS - IN KEEPING WITH EXISTING EARTH AND LANDSCAPE TONES:
- MINIMALLY DETAILED GLASS WINDOWS AND CURTAIN WALLS
- METAL SEAM AND MEMBRANE ROOFING
- STAINED AND SEALED WOOD SIDING
- CHARRED AND SEALED WOOD SIDING
- NATURAL STONE CLADDING
- BOARD FORMED CONCRETE
-THROUGH COLOR CEMENTITIOUS COMPOSITES
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D U B r U l primary elevation
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DuBrul House
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New Plantings \ �f
New plantings to be indigenous native vanishes
selected from the following:
- Pine trees, spruce to match existing
-Aspen trees
- Gambel oak brush to match existing
- Sage brush
- Native grasses to match existing
- Native wildflower mix
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❑ = existing gambel oak and native shrubs: to be preserved as much as possible
= new planting - indigenous native varieties
'site lighting to be indirect r non-visible bulb sources, illuminating walking
surfaces but not shining on building nor uplighting ceilings of interior spaces
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APPLICATION
MATERIAL
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
£ri kseti
PITKIN COUNTY (hereinafter COUNTY) and-13rieksee Ranch Company LLC (hereinafter
APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Amendment to 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 Pitkin 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 $1,679 which is based on 5 hours of staff time plus other applicable staff
referral fees. If actual time spent by staff to process the application exceeds the average number of hours
by more than 201/o, 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 APPLICANT
Cindy Houben
Community Development Director
000001 0� z-10
Erickson Ranch C y LLC
X) I&]
i �-
Signature
Date:
Mailing Address: 96 Grand Street, #4
Nye u �-t 10013
ERIKSEN RANCH COMPANY LLC
SCENIC VIEW
PROTECTION REVIEW
SUBMITTED BY
ALAN RICHMAN PLANNING SERVICES, INC.
P.O. BOX 3613
ASPEN, COLORADO 81612
920-1125
NOVEMBER, 2015
000002
TABLE OF CONTENTS
PAGE
Project Description ............................................. 1
A. Application Request ........................................ 1
B. Description of Property/Prior Development Approvals ............. 2
C. Proposed Development ..................................... 2
II. Responses to Applicable Standards of the Land Use Code ............ 4
A. Scenic View Protection ...................................... 4
B. Landscaping and Vegetation Protection ........................ 8
C. Lighting .................................................. 9
D. Solar Collectors .......................................... 10
EXHIBITS
#1. Warranty Deed
#2. Letter Authorizing Submission of Application
#3. Pre -Application Conference Summary
#4. BOCC Resolution 99-198
#5. BOCC Resolution 059-2001
11ZT-A' 4'Ll10K
Vicinity Map
Improvement Survey Plat
Proposed Site Plan
Preliminary Floor Plans
Conceptual Landscaping Plan
Proposed Primary Building Elevation
Visual Simulations
PROJECT DESCRIPTION
A. Application Request
This is an application requesting scenic view protection review to develop a new single
family residence on a vacant subdivision lot. The subject property is legally described as
Lot 4 Erickson Ranch Subdivision. The Parcel ID# for this lot is 273501358004.
A vicinity map locating the lot and showing the surrounding neighborhood is included
within this application. It shows that Lot 4 is located at 600 Nell Erickson Road, which is
an extension of Draw Drive, a road in the Ridge of Red Mountain Subdivision on Upper
Red Mountain.
The application is being submitted by the owner of the property, Eriksen Ranch Company
LLC (hereinafter, "the applicant'). Proof of the ownership of the property is provided in the
Warranty Deed, attached hereto as Exhibit #1. The applicant is being represented by Alan
Richman Planning Services, Inc. and Harry Teague Architects for purposes of this
application. A letter from the applicant designating these representatives is attached as
Exhibit #2.
A pre -application conference was held with the Community Development Department.
The Pre -Application Conference Summary issued by the staff (see Exhibit #3) states that
because the approvals for the Erickson Ranch Subdivision are vested until March 28,
2016, a complete site plan review application is not required in order for this lot to be
developed. Instead, the Pre -Application Conference Summary lists the following sections
of the Pitkin County Land Use Code that should be addressed by the applicant:
* Section 7-20-120:
Scenic View Protection Areas;
* Section 7-20-130:
Landscaping and Vegetation Protection;
* Section 7-20-140:
Lighting; and
* Sec. 4-30-50 (h):
Solar Collectors.
The applicant hereby also requests that the Scenic View Protection review be granted
vested rights status, pursuant to Section 2-20-170 of the Pitkin County Land Use Code.
The following sections of this application identify the provisions of the Land Use Code
applicable to this proposal and provide responses to the applicable County standards.
First, however, a brief description of the property and the history of its prior land use
approvals are presented below.
Eriksen Ranch Company LLC Scenic View Protection Review Page 1
000004
B. Description of Property/Prior Development Approvals
The subject property is one of five lots that comprise the 201 acre Erickson Ranch
Subdivision. Lots 1 through 4 on Parcel 2 of the Subdivision received conceptual
subdivision approval from the Board of County Commissioners pursuant to Resolution 99-
198 (see Exhibit #4). Parcel 1 of the Subdivision, which is a parcel of land that is in
excess of 35 acres in size, did not require County subdivision approval. Resolution 99-198
also granted 1041 Hazard Review and Scenic Overlay approval to the all of designated
building envelopes, and GMQS/Special Review approval to designate both Parcels 1 and
2 as TDR receiver sites. Subsequently, the Board of County Commissioners granted
Detailed Submission and Final Plat approval to the subdivision pursuant to Resolution
059-2001 (see Exhibit #5).
The Plat for the Erickson Ranch Subdivision is recorded in Plat Book 57 @ Page 67 of the
records of the Pitkin County Clerk and Recorder. The Subdivision Agreement for the
Erickson Ranch Subdivision can be found at Reception No. 454718.
As illustrated on the Improvement Survey Plat, Lot 4 is an irregularly shaped parcel of land
that is approximately 11.1 acres in size. The Erickson Ranch is zoned AR -10, a zone
district with a minimum lot size of 10 acres, making Lot 4 a conforming sized lot of record.
The vicinity map shows that Lot 4 is located along the front edge of the Ranch, overlooking
Aspen. Nell Erickson Road is located along this lot's rear property boundary and provides
access to all of the lots within the Ranch.
C. Proposed Development
The site plan for the property is illustrated on the site plan and landscape plan drawings.
The site plan shows the building envelope that was designated on the Erickson Ranch
Subdivision Plat. The envelope is quite modest in size Oust over 17,000 square feet in
size or not quite 0.4 acres, according to the Survey Plat) and is located close to the
northwest corner of the lot. The proposed residence will be located entirely within this
relatively small building envelope.
The proposed residence has been designed to comply with the applicable house size
limitations established when the Erickson Ranch Subdivision was approved by the County.
These limits permit up to 3,500 square feet of floor area on Lot 4, along with 4,000 square
feet of below grade space and a 750 square foot garage exemption. The proposed
residence will be at or below each of these limits (see floor plans) with a main level of not
more than 3,500 square feet and basement that is less than the 4,000 square foot limit.
The elevations submitted for the residence show that it is proposed a relatively low profile
one story building. The building uses natural materials and articulated building forms that
will tend to keep it from standing out along the ridge on which it is located.
Eriksen Ranch Company LLC Scenic View Protection Review Page 2
000005
The landscape plan shows that native plantings are planned surrounding the residence
along with a water feature. Some of the landscape features (such as planting, the water
feature and a terrace) extend slightly beyond the boundaries of the building envelope.
Section 6 of the Erickson Ranch Subdivision Agreement allows the Community
Development Department to approve a landscape plan with landscaping that is located
outside of the building envelope.
Section II of this application explains how the proposed plans for Lot 4 conform to the
applicable standards of the Land Use Code.
Eriksen Ranch Company LLC Scenic View Protection Review Page 3
0000013
It. RESPONSES TO APPLICABLE STANDARDS OF THE LAND USE CODE
A. Scenic View Protection (Sec. 7-20-120)
Pitkin County's purpose and intent for conducting Scenic View Protection Review is
expressed in Sec. 7-20-120 (a) of the Land Use Code, as follows:
(1) "To establish a Scenic View Protection Area that includes lands that are proximate to
and most visible from speck roads in the County, with speck concerns for the areas that
constitute the visual entrance image and passage through Aspen and Pitkin County as
well as views ofridgelines from those roads."
(2) To maintain a natural ridgeline silhouette against the sky and to steer development
away from ridgelines and skylines throughout the County as viewed from public roadway
corridors.
(3) To ensure that new development is designed and located to complement the
natural landscape and natural features within the public viewplane in order to achieve an
aesthetically pleasing rural atmosphere.
(4) To reduce visual damage to the natural landforms and views throughout the
County.
The applicant has taken these purpose and intent statements into account in designing a
residence for this property. The residence has been designed with a low, quiet profile, to
ensure that it stays well away from the ridgeline or skyline as viewed from McLain Flats
Road and State Highway 82. This is illustrated in the photo simulations that accompany
this application letter. The residence has also been designed to complement the natural
landscape and natural features within the public viewplane through the use of materials
with natural colors. The building forms that are proposed tend to break down the massing
of the structure and reflect the natural topography of the mountain setting.
Considering all of these factors, following are the applicant's responses to the County's
scenic view protection standards.
The proposed development shall utilize existing topography and natural vegetation,
such as ridges, hills and existing trees, to screen buildings to the maximum extent
practicable.
Response: This site does not offer the opportunity to use existing topography or trees to
screen the residence.
2. The proposed development shall avoid the location of structures within the Scenic
View Protection Areas and shall avoid the location of structures within any
Eriksen Ranch Company LLC Scenic View Protection Review Page 4
000007
Viewplane identified in the State Highway 82 Corridor Master Plan and Down
Valley Comprehensive Plan, if possible. If location outside of the Scenic View
Protection Area and defined viewplanes is not practicable, then the proposed
development shall not be located on the highest ground or most visible portion of
the site as viewed from those corridors listed above.
Response: The structures have not been placed on the highest ground on the subject
property. Moreover, given the distance of this site from the scenic viewplane, this site is
not in the foreground but instead falls well into the visual backdrop as seen from McLain
Flats Road and State Highway 82. A series of photos has been provided that illustrate the
great distance from these roads to the site and the very minor visual presence this
structure will have when seen from these roads.
3. The proposed development's height and bulk shall be designed to avoid, to the
maximum extent practicable, the visibility of buildings from those corridors listed
above. This may include, but shall not be limited to, breaking the mass of the
building down into a series of smaller forms, articulation of the building facades to
avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane.
Response: The proposed elevation drawing shows that the residence has been broken
down into a series of smaller forms, with a staggered roofline and articulated building
fagade. The height of the various building elements has been kept to well below the 28'
Code limitation, with virtually all of the building (except for the chimney) having a height of
less than 20' from grade. Materials have been varied along the fagade to further break
down the perceived massing of the building.
4. The proposed structure shall be placed so that it does not project above a ridgeline
such that a structure silhouettes against the sky when viewed from those corridors
listed above, unless there are no alternate building sites on the lot or parcel.
Response: As illustrated in the photo simulation taken from McLain Flats Road and SH
82, the proposed residence will not penetrate a ridgeline or silhouette against the sky.
5. The proposed development shall be designed to complement the natural
topography of the land through the use of techniques such as earth sheltered
design, the use of natural materials and coloring, the use of low -reflectance
materials, or clustering of structures on the least visible portions of the site. When a
building is proposed near a ridgeline, then its form (particularly its roof form) shall
replicate, parallel or compliment the natural form of the ridgeline so that it appears
to be an element of the natural ridgeline.
Response: The residence will be constructed of natural materials or materials that have
had natural colors applied to them. The elevations identify the range of possible materials,
which include metal seam and membrane roofing, wood siding, natural stone cladding,
Griksen Ranch Company LLC Scenic View Protection Review Page 5
000003
board formed concrete and cementitious composites.
6. The proposed development shall preserve natural vegetation and avoid
development within irrigated meadows to the maximum extent practicable.
Response: The proposed residence is located within the previously -designated building
envelope. These envelopes were chosen to preserve natural vegetation and irrigated
meadows on the entire ranch property. The landscape plan shows that most of the natural
brush surrounding the residence will be preserved though some will need to be removed
to establish necessary defensible space around the home. Native plantings will be
installed to further surround the residence.
7. The proposed development shall install utilities in locations and through procedures
that minimize visual impacts to the maximum extent practicable.
Response: Utilities will be installed below ground in the driveway.
8. All satellite dishes in the proposed development shall be located to minimize
visibility from those rights-of-way listed above and shall use earth tone colors and/or
screening to minimize their visual impact.
Response: The applicant will comply with these requirements.
9. The proposed development shall not utilize earth moving and berms as the primary
means of compliance with these regulations, but earth moving may be utilized in
conjunction with other techniques to comply with the standards of this section.
Where earth moving techniques are necessary, man-made forms should be
undulating and natural in appearance.
Response: Earth moving and berms are not proposed as the means of complying with
these regulations.
10. In the Rural Area only, development shall be located so that activities and
development occur in at least one of the locations specified in subsection (e) as
they may apply to the particular property.
Response: This site is located within the Aspen Urban Growth Boundary and is therefore
not in the Rural Area of Pitkin County.
11. The exterior of all development shall be built or painted with indigenous earth tone
materials or colors.
Response: The materials listed and depicted on the elevation demonstrate that the
applicant will comply with this requirement.
Eriksen Ranch Company LLC Scenic View Protection Review Page 6
12. All roofs shall have a non -reflective color or composition. Reflective roof materials
shall not be used unless the materials are treated prior to installation to eliminate
reflection, with the exception of materials associated with solar or photovoltaic
equipment.
Response: The applicant will comply with this requirement.
13. Lands disturbed by earth moving or berms should be revegetated using native
species that are already growing on or near the site. Topsoil shall be stockpiled
and placed on disturbed areas. Irrigation shall be provided to the revegetated
areas if it is necessary to ensure the survival of planted native species.
Response: The applicant will comply with this requirement.
14. To the maximum extent practicable, roads and driveways shall be located to skirt
the edge of and avoid dividing meadows and pastures and to avoid major road
cuts. Roads and driveways should take advantage of the screening potential of
natural topography and existing vegetation. Existing roads and driveways shall be
used where practical. To enhance screening, a row of trees may be planted along
the roads or driveways. To the maximum extent practicable, roads and driveways
located around the edge of or in meadows shall be laid out with soft, curving edges
and shall avoid straight line corridors that are incongruous with the natural setting.
Response: The short driveway spur off of Nell Erickson Road will be located along the
edge of the meadow.
Eriksen Ranch Company LLC Scenic View Protection Review Page 7
000010
B. Landscaping and Vegetation Protection (Sec. 7-20-130)
A conceptual landscape plan has been submitted as part of this application package. The
plan shows that existing oak brush and other native species will be preserved to the
maximum extent possible. New plantings of native trees, bushes and shrubs will be made
to supplement the existing vegetation and to soften the appearance of the residence from
surrounding properties. The plant list on the landscape plan includes pine trees and
Aspen trees, oak brush, sage brush and native grasses.
Following are the applicant's responses to each of the standards in this section:
(b) General Provisions.
1. Protection of Natural Vegetation. The applicant will preserve the natural vegetation
on the site, except for that vegetation within the activity envelope that must be
disturbed to build the proposed residence and to create the necessary defensible
space around the structure.
2. Conformance with Wildfire Regulations. There is no conflict between the County's
wildfire regulations and the requirement to protect natural vegetation on this site.
3. Berms. A berm is not proposed for this site.
4. Landscape Enclosures. Landscaping is not proposed to be used to enclose the
boundary of the parcel.
5. Visibility Clearance. No landscaping is proposed where it would inhibit the visibility
of drivers.
6. Utility Easements. Landscaping will not be installed over a utility easement.
7. Financial Security. The applicant requests that no financial security be required for
this project.
8. Maintenance. The applicant agrees to maintain all installed landscaping in a
healthy condition and to replace plants that do not survive.
(d) Required Landscaping in Urban Areas
None of the purposes for which the Code requires landscaping to be provided and none of
the minimum area or plant density requirements in the Code apply to this proposal.
Eriksen Ranch Company LLC Scenic View Protection Review Page 8
000011
C. Lighting (Sec. 7-20-140)
Any new exterior lighting that may be installed will comply with the applicable provisions of
the Land Use Code, as follows:
♦ Any exterior lighting that is installed will be down -directional. Fully shielded fixtures
will be used so the bulb is not directly visible from adjacent and neighboring
properties. Fixtures will be selected to ensure that light trespass levels at the
property line are no greater than one-half (1/2) foot-candle.
Any lighting that is installed along walkways will be set at no more than twelve
inches (12") above finished grade.
♦ There will be no spot lighting, up -lighting or flood lighting of the new residence.
Eriksen Ranch Company LLC Scenic View Protection Review Page 9
000012
D. Solar Collectors (Sec 4-30-50 (h)
The applicant proposes to install an array of roof mounted solar collectors on top of one of
the flat roof sections of the residence. The proposed collectors are shown and labeled on
the building elevation submitted in this packet.
Following are the applicant's responses to the applicable standards of the Land Use Code.
(1) General
(a) Solar energy collectors can be an accessory use to a residential or non-
residential use.
Response: The proposed collectors would be an accessory use to a residence.
(b) Solar energy collectors shall be used primarily for on-site purposes and not
primarily for the generation of electricity to be used off-site.
Response: The collectors would be used to generate energy for use on-site.
(c) In the RR zone district, solar energy collectors may only be used for on-site
residential purposes.
Response: Not applicable.
(d) Pursuant to Sec. 7-20-120 (d) (4), solar energy collectors shall not protrude
above a ridgeline.
Response: The entire structure sits well below the ridgeline.
(e) Solar energy collectors shall not shade an evapotranspiration leach field.
Response: The applicant will comply with this requirement.
(t) Rooftop panels are preferred over ground mounted panels, unless good
cause is demonstrated that ground mounted panels are considered
necessary.
Response: The proposed panels are rooftop panels.
(g) Newly constructed residences shall have a minimum of 400 square feet of
roof space sited for solar gain and available for the construction of solar
energy collectors.
Eriksen Ranch Company LLC Scenic View Protection Review Page 10
000013
Response: The proposed residence has a flat roof on which a minimum of 400 square
feet is available for solar energy collectors.
(2) Roof Mounted Solar Energy Collectors - General
(a) Roof mounted solar energy collectors shall not result in any structure
exceeding the maximum height limit pursuant to Section 5-20-60 (f).
Response: The elevation shows that the roof and collector panels will be well below the
maximum allowable height.
(b) Roof mounted solar energy collectors are exempt from standard 7-20-120
(d) (12) that regulates reflective roofs.
Response: The applicant acknowledges this exemption.
(c) Roof mounted solar energy collectors shall be generally consistent with the
roof design and avoid breaking up the array into sections or `pods".
Response: The elevation shows that the collectors have been designed to comply with
this standard.
(3) Flat Roof Mounted Solar Energy Collectors
(a) Solar energy collectors constructed on flat roofs can be raised up to six feet
(6) above the height limit of the roof, measured to the top of the panel.
Response: The elevation shows that the roof and collector panels will be well below the
maximum allowable height.
(b) Solar energy collectors constructed on flat roofs shall have a three foot (3)
setback from the edges of the roof.
Response: The applicant will comply with this standard.
Eriksen Ranch Company LLC Scenic View Protection Review Page 11
000014
EXHIBITS
000015
RECEPTION#: 562203, 08/24/2009 at 02:27:33 PM, 1 OF 1, R $6.00
DF $0.00 Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT #1
SPECIAL WARRANTY DEED
The "Grantor' (whether one, or more than one), Antonia P. DuBral Irrevocable Trost da 7/30/99, whose legal
address is o(o Robert H. Goldie, 230 Park Avenue, New York, NY 10169, for the consideration of Ten Dollars
($1400) and other good and valuable consideration, in hand paid, hereby sells and conveys to Eriksen Ranch
Con"ay LLC, a Delaware limited liability company (whether one, or more than one), the "Grantec," whose
legal address is 96 Grand Street, Apt 4F, New York, NY 10013, the following real property in the County of
Pitkin and State of Colorado, to wit: Lot 4, Erickson Rauch Subdivision, according to the Final Plat thereof
recorded May 23, 2001 in Plat Book 57 at Page 65 as Reception No. 454717
Also known bystreet address as: 600 Neil Erickson Road, Aspen, CO 81611
And assessor's schedule or parcel number: 273501358004
With all its appurtenances, and warrants the title against all persons claiming under the Grantor.
Signed this a day of July, 2009
STATE OF /k w ! ✓f' )
COUNTY OFK ) ss.:
7� )
Antonio R DuBrul Irrevocable Trust u/a 7/30/99
By: a 1;,A, i ID -
'Nicholas
icholas DuBrul, Trustee
By:
nn uBrul iss renner, Trustee
By; y
Steven Sacks, Trustee
The foregoing instrument was acknowledged before me this N_ day of July, 2009, by Nicholas DuBrul,
Trustee of the Antonia P. DuBrul Irrevocable Trust u/a 7/30/99.
Witness my hand and official seal.
My commission expirea:.7 A/J
�A J.
0ARi-
CoACo
%,'.^ •;: _The frifp
Notary Publ'c t
ROBERT K OOLDIE
Notary Public, State of New York
No. 02604690732 -
Qualified In Westchester
ss.: Commission Expires
)
s instrument was acknowledged before me this qN%y of July, 2009, by Jennifer DuBrul
of the Antonia P. DuBrul Irrevocable Trust u/a 7/30/99.
Witness my hand and official seal.
My commission expires: o dao 600-
000016
EXHIBIT #2
Ms. Suzanne Wolff, Senior Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: SCENIC VIEW PROTECTION REVIEW FOR LOT 4, ERICKSON RANCH
Dear Ms. Wolff,
We are the owners of Lot 4, Erickson Ranch Subdivision. We hereby authorize Alan
Richman Planning Services, Inc. and Harry Teague Architects to act as our designated
representatives with respect to the land use application being submitted to your office for
this property. Mr. Richman is authorized to submit an application for scenic view
protection review to allow us to develop a new residence on the property. He and Mr.
Teague are also authorized to represent us in meetings with Pitkin County staff and the
County's review bodies.
Should you have any need to contact us during the course of your review of this
application please do so through Alan Richman Planning Services, Inc., whose address
and telephone number can be found in the land use application.
Sincerely, T
01phwj.lC JUvRVI
ERIKSEN RANCH COMPANY LLC
Nicholas DuBrul, Manager
000017
EXHIBIT #3
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 8/20/15
PHONE: (970) 920-5093 E-MAIL: suzanne.wolff0pitkincountv.com
LOCATION: Lot 4, Erickson Ranch Subdivision
PARCEL ID #: 273501358004
ZONE DISTRICT: AR -10 LOT SIZE: 11.1 acres
OWNER/APPLICANT: Erickson Ranch Company LLC
REPRESENTATIVE: Alan Richman EMAIL: arichman@sopris.net
Type of Application: Scenic View Protection Review
Description of ProjecVDevelopment: Applicant is requesting Scenic View Protection Review to
construct a single family residence on Lot 4.
The BOCC approved the Erickson Ranch Subdivision, pursuant to Resolution Nos. 99-198 and
059-2001. The Final Plat was recorded in Plat Book 57 at Page 65. The Subdivision Agreement
is recorded as Reception #454718. Condition #6 of Resolution No. 99-198 requires "Scenic
Overlay Review" and specifies that the intent of the review is not to reconsider the building
envelope, but to ensure that the development is consistent with the Code criteria regarding
materials, landscaping, lighting, etc. The subdivision approvals are vested until March 28, 2016,
therefore, a complete Site Plan Review is not required.
The approvals limit the floor area to 3,500 square feet with the use of one TDR; up to 4,000
square feet of below grade space and up to 750 square feet of garage are exempt from floor
area. The height of the residence is limited to 25'; the height of accessory buildings is limited to
20'. Lot 4 shares a well with Lot 2. Landscaping is permitted outside of the building envelope.
Land Use Code Sections to Address:
• 4-30-50(h): Solar Energy Collectors (if applicable)
• 7-20-120: Scenic View Protection Areas (as seen from Highway 82)
• 7-20-130: Landscaping and Vegetation Protection
• 7-20-140: Lighting
Review by: Community Development Director
Public Hearing: NO. However, notice is required via posting, mailing and publication. The
Applicant shall post a public notice sign on the property at least 15 days prior to the
comment/objection deadline pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition,
the Applicant shall mail notice (by certified mail) to all owners within 300' of the property with the
return address of the Community Development Department (form of notice to be obtained from
the Community Development Department). The names and addresses shall be those on the
current tax records of Pitkin County, as they appear no more than 60 days prior to the date of
the public hearing. A property owner receiving the public notice shall have 2 weeks from the
date the notice was postmarked to submit comments or objections to the Community
Development Department.
000018
FEES: $1,679 (make check payable to "Pitkin County Treasurer")
• $1,625 Planning Office flat fee (non-refundable; based on 5 hours of staff time. If staff
review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours
at a rate of $312/hour)
• $54 Public Notice
To apply, submit 1 copy of the following information:
1. Summary letter explaining the request, providing background on prior approvals and
permits, and addressing compliance with the Code sections listed above.
2. 24" by 36" and 11" x 17" Site Plan;
3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual
4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title
insurance company or attorney licensed to practice law in the State of Colorado, listing the
names of all owners of the property and all mortgagees, judgments, liens, easements,
contracts and agreements affecting use and development of the parcel and proof of the
owner's right to use the land for the purposes identified in the development application.
5. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11"
vicinity map locating the subject property within Pitkin County;
6. Consent from the owner of the property for the representatives to process the application and
represent the owner;
7. List of all property owners within 300'.
8. Total fee for review of the application;
9. Signed fee agreement (form attached);
10. Copy of this Preapplication Conference Summary form.
000019
EXHIBIT #4
1111111 Iil1111111111111111111111k `x1111 III 11111 Illi IIII
439445 01/11/2000 10:37A RESOLUTI DAVIS SILVI
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE ERICKSON/DUROUX RANCHES
SUBDIVISION CONCEPTUAL SUBIVIISSION, GYYIQS EXEMPTION, SPECIAL REVIEW,
1041 HAZARD REVIEW, SCENIC OVERLAY REVIEW AND
CARETAKER DWELLING UNIT
Resolution No. 99-f�e
RECITALS
Paepcke Development LLC ("Applicant") has created 2 parcels of 35+ acres each, which
does not legally constitute a subdivision within the purview of the County's subdivision review
authority. The Applicant proposes to accommodate one new single family residence and a caretaker
dwelling unit on Parcel I (Receiver Site A) and to subdivide Parcel 2 (Receiver Site B) into four
single family lots and an open space parcel.
2. The Applicant has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") for the following approvals:
A. 1041 Hazard Review, Conceptual Submission and Scenic Overlay to establish
building and development envelopes on each parcel;
S. Conceptual Subdivision approval to subdivide Parcel 2 into 4 lots;
C. GMQS Exemption and Special Review to designate the 4 lots on Parcel 2 as TDR
receiver sites, two of which will accommodate a maximum of 7,500 square feet of
floor area and two of which will accommodate a maximum of 3,500 square feet of
floor arca;
D. GMQS Exemption and Special Review to designate Parcel 1 as a TDR receiver site
that will accommodate a maximum of 15,000 square feet of floor area; and
E. GMQS Exemption and Special Review to construct an attached or detached
caretaker dwelling unit ("CDU") on Parcel I.
The Applicant's parcel is zoned AFR-10 and contains 201 acres.
4. Said parcel is located on Red Mountain, immediately west of the Red Mountain Subdivision,
and is more specifically described in Exhibit A.
-1 he Planning and Zoning Commission reviewed the application at a regularly scheduled
meeting on September 28. 1999, and recommended approval by a vote of 4-1.
The BOCC reviewed the application on first reading at a duly noticed public hearing on
November 17, 1999, and on second reading at a public meeting on December I, 1999, at which time
evidence and testimony were presented with respect to this application.
000020
I Mill Hill Bill 1"11Jill IlNlil II111 III Hill Jill 1111
Re.solurion No. 99-L8 439446 01/11/2000 10:3711 RESOLUTI DAVIS SILVI
Paget 2 of 13 R 0.00 D 0.06 N 0,00 PITKIN COUNTY CO
7 The BOCC finds that the application is generally consistent with the applicable provisions of
the Pitkin County Land Use Code, based on the following conclusions:
a The proposed density is 30% of what is allowed under the current AFR-10 zoning.
a The Applicant has limited the floor area on two of the lots to a maximum of 7,500 square feet
and on two of the lots to a maximum of 3,500 square feet, which will help to minimize visual
and environmental impacts.
a The Applicant has also limited the maximum height on two of the lots to minimize visual
impacts.
The building envelopes avoid wildlife habitat areas, wetland areas and a potential avalanche
area, and contain slopes of less than 15%. In addition, the wildfire hazard within the envelopes
is low or medium and can be mitigated.
_:1 The development is consistent with the intent of the AFR-10 zone district to "to maintain the
ruritl character of lands proximate to development centers... by preserving agricultural
operations, wildlife habitat and scenic quality while permitting low density, single family
dwelling units and customary accessory uses," and is compatible with surrounding
development.
The development is consistent with the philosophy of the AACP to "preserve environmental
and wildlife resources."
a The development preserves 95% of the "acreage historically available for human food
production, or hay, grain and other feed crops for livestock."
=> While no mitigation is required for employment generation based on the utilization ofTDRs
to exempt the development from GMQS, limiting the size of four of the five new residences
to a maximum of 3,500 and 7,500 square feet may limit the employment generation.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Erickson/Duroux Ranches Subdivision Conceptual Submission, GMQS Exemption, Special Review,
1041 Hazard Review, Scenic Overlay Review and Caretaker Dwelling Unit, subject to the following
conditions which shall run with the land and be binding on all successors in interest:
Prior to submission of the Detailed Submission application, the Applicant shall:
A. Petition ACSD for inclusion in the District and shall complete a line extension
request and collection system agreement for review and approval by the ACSD
Board of Directors.
R Work with the County's wildlife biologist to establish an adequate setback from
the wetland area to the building envelope on Lot 2 and to ensure that the other
building envelopes are a minimum of 50' from wetlands.
C. Work with the Environmental Health Department to produce a PM 10 mitigation
plan containing specific, enforceable control measures and documenting that the
proposed in itigation measures will fully mitigate for all PM 10 increases in the
nonattainment area caused by the development.
D Work with the Ridge of Red Mountain Homeowners' Association to address
their concerns regarding impacts on Draw Drive during and post -construction.
000021
111!II!l1,1014 1111111111111111111111111 Resolution Na 99.-d8 11111111
IIiIluS
Page3 3 of 13 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
2 With the Detailed Submission application, the Applicant shall provide the following in
addition to the submission requirements listed in Section 5-30 of the Code:
A. An overall fugitive dust control plan for the proposed common improvements for
review and approval by the Environmental Health Department. The Plan shall
include measures to insure that dust does not become a nuisance or blow onto
adjacent property. As pail of the plan, the Applicant shall address the feasibility of
paving all or a portion of the access driveway from the end of the pavement on
Draw Drive to the existing residence.
R An overall site drainage and erosion control plan for review by the County
Engineer, which addresses management during construction as well as post -
construction.
C Plans and profiles of all proposed internal road improvements for review by the
County Engineer, including plans for an emergency vehicle pullout on the access
road between Draw Drive and the top of the hill.
D. Construction Management Plan, which addresses mitigation of impacts on Red
Mountain Road.
E. The Protective Covenants shall ensure that the existing ranch house cannot be
conveyed separately from the common open space parcel.
F. Development Agreement, which shall include the following provisions with
regard to the vested rights for the development:
I) The site specific development plan shall be vested for a period of 15
years.
2) The proposed residence to be constructed on Receiver Site A• shall be
limited to a maximum floor area of 15,000 square feet (inclusive of
caretaker dwelling unit, in the event built) to be calculated based on the
County's floor area regulations in effect at the time of submission of a
building permit application. The residence shall be subject to any other
regulatory changes pertaining to floor arca that may be adopted prior to
submission of a building permit application, except that the allowable floor
area shall not be reduced by any such change.
3) The proposed residences to be constructed on Lots I and 2 on Receiver Site
B shall be limited to a maximum floor area of 7,500 square feet, to be
calculated based on the County's floor area regulations in effect at the time
of approval of the Conceptual Submission application (attached as Exhibit
B). These residences shall be subject to any other regulatory changes
pertaining to floor area that may be adopted prior to submission of building
permit applications, except that the allowable floor area shall not be
reduced by any such change.
4) The proposed residences to be constructed on Lots 3 and 4 on Receiver Site
B shall be limited to a maximum floor arca of 3,500 square feet, to be
calculated based on the County's floor area regulations in effect at the time
of approval of the Conceptual Submission application (attached as Exhibit
BY These residences shall not be subject to any other regulatory changes
pertaining to floor area that may be adopted prior to submission of building
Permit applications, except that the allowable floor area shall not be
reduced by any such change.
5) The residence on the common open space parcel shall be limited to a
maximum floor area ol'2,500 square feet, to be calculated based on the
County's floor area regulations in effect at the time of approval of the
000022
111111111111111111 A 11111111111111111111111111111111
Rrsuhrliun.4`u 99-�if 42944! 01/11/2000 10:27A RESOLUTI DAVIS SILVI
Puge4 4 of 13 R 0.00 D 0.00 N 0.00 FITXIN COUNTY CO
Conceptual Submission application (attached as Exhibit B). 'Ilic residence
shall not be subject to any other regulatory changes pertaining to floor area
that may W adopted prior to submission of a building permit application
except that the allowable floor area shall not be reduced by any such
change.
3 W ith the Final Plat application, the applicant shall submit will serve letters from utility
companies.
4. Prior to recordation of Final Plat, the applicant shall obtain a final decree from the Water
Court approving a water augmentation plan, in the event required.
Prior to submission of any building permit applications oil Receiver Site B (Lots 1-4), the
Applicant shall obtain an access permit for the new road. The Applicant shall construct
any necessary improvements to the access road to Receiver Site B in cut; fill should not
be placed on the steep downhill slopes.
6 Prior to submission of any building permit applications for Receiver Site A and Lots 3 and 4
on Receiver Site B. the owner of each lot shall submit an application and gain approval for a
Scenic Overlay Review, pursuant to Section 3-60-040 of the Land Use Code, once plans for
the proposed residences have been prepared. The intent of the review is not to reconsider
the building envelopes, but to ensure that the specific development within the building
envelopes on those lots is consistent with the Code criteria regarding materials, landscaping,
lighting, etc.
Prior to submission of any building permit applications, the owners of Receiver Site A and
each of the new lots on Receiver Site B shall:
A. Conduct a geotechnical and foundation report for each residence. A geologist or
geotechnical engineer shall evaluate the stability of the area to the north of the
building envelope on Receiver Site A.
B. Obtain a fireplaccAvoodstove permit front the Community Development
Department,
C. Obtain an access permit for individual driveways, which shall be approved by the
County Engineer. If the driveway exceeds 30 inches above or below natural grade
within the setbacks, variances must be approved by the Board of Adjustment prior
to issuance ofan Access Permit.
D. Submit a site specific drainage plan for review and approval by the County
Engineer. Said plan shall address positive grading away from the residence,
diversion of upslope water from the building site, and on-site detention of flows
from roofs and other impervious surfaces.
E. Submit a fugitive dust control plan to be approved by the Environmental Health
Department.
F. Make a cash payment in lieu ot'dedicating land to the Aspen School District.
Calculation of the payment shall be based on the regulations in effect at the time of
building permit issuance.
G Make a cash payment to the Counry in lieu of dedicating land for
parksrrecreationlopen space. Calculation of the payment shall be based on the
regulations in effect at the time of building permit issuance.
000023
3944 011111/20ce 11111111111111111III111111111IIII
keauhdiwt .'�'u. 99•_�ti- 4]9446 01/11/2000 10:37q RESOLU7I DFVIS SILYI
Paige 5 S of 13 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
8 Prior to commencement of construction on any lot or parcel, construction fencing shall be
installed to ensure that there is no inadvertent impact on wetlands.
9 Prior to issuance of a building permit application for the caretaker dwelling unit on Receiver
Site A, the owner of the parcel shall obtain and the Housing Once shall record the
appropriate deed restriction. Floor plans of the unit shall be provided to the Housing Office
when the deed restriction is submiaed. The caretaker dwelling unit shall be limited to 700
net livable square feet.
10 1'he owners of Receiver Site A and all of the lots on Receiver Site H shall comply with the
following additional wildfire mitigation standards:
A. I.ow vegetation (6 inches or less) shall be maintained within a 10 foot perimeter
around all structures. Woody vegetation shall not he planted within this perimeter.
B. On Lots 3 and 4, for a distance of 50 feet around all structures, enhance the
clumping that already exists within the envelopes. The maximum diameter or
clumps allowed to remain shall be no wider than two times the existing height of the
shrubs. The cleared area between these clumps shall be mowed to discourage the
growth of woody material and to enhance the grass. The lower limbs of all shrubs
allowed to remain should be removed to a height of 6 feet or half the total height of
the plan whichever is least.
C Roofs shal l have a Class A, non-combustible roof system. Wood shake/shingle roof
coverings and. flat roofs (up to a 3: 12 pitch) are prohibited in all wildfire hazard
areas.
D Vents shall be screened with corrosive resistant wire mesh with mesh % inch
maximum.
E Roofs and gutters shall be kept clear of debris.
F. Yards shall be kept clear of all litter, slash, and flammable debris.
G. All flammable materials shall be stored on a parallel contour a minimum of 15 feet
away from any structure.
FI Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet
away from the structure.
I. Swimming pools shall be accessible to Fire Department vehicles.
i Fences shall be kept clear of brush and debris.
I:, Wood lenses shall not connect to the structure.
L Any outbuildings or additional structures shall adhere to the same standards as
str:crures.
M. Fuel tanks shall be installed underground with an approved container.
N. Propane tanks shall be installed according to NEPA 48 standards and on a contour
away from the stricture 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.
O. Each strucrure shall have a minimum of one 10 pound approved ABC fire
extinguisher placed in a visible and accessible location.
P Addresses shall be clearly marked with 2 inch non-combustible letters and shall be
clearly visible at the primary point of access from the public or common access road
and installed un a non-combustible post.
l Utility lines shall be buried within or along roadways.
000024
1111111 III11 11111nif 1111111111111111III11111fill 1111
Resolution No 99• f? 439440 01/11/2000 10:37A RESOLUTI DAVIS SILVI
Page 6 5 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
I I • The owners of Receiver Site A and all of the lots on Receiver Site B shall comply with the
following wildlife mitigation measures:
A Dogs shall be permitted, provided such dogs are under physical restraint; however,
dogs shall not be permitted to the north of the "Wildlife Boundary" designated on
the Final Plat. "Physical restraint" shall include any permanent structure or device,
which prevents the dogs from free roam beyond the perimeter of the building
envelopes. Acceptable physical restraint devices include permanent fencing and
dog kennels or runs. Alternative physical restraint devices may be used upon
approval by the Pitkin County Wildlife Biologist. Dogs shall be permitted on all
areas of the property under leash control. Neither voice control of dogs nor
electronic or "invisible" fences shall be deemed "physical restraint" or "leash
control."
B. Maintain native vegetation outside of the building envelope, except as required tier
driveway construction, utility extensions and as necessary to comply with the
wildfire mitigation required elsewhere in this approval. No wetland or riparian
vegetation shall be removed, cut, or otherwise destroyed.
C. Fencing outside of the building envelope shall comply with the County's fencing
regulations.
D. Install and use approved bear proof garbage containers.
E. Retain tall, overly mature and standing dead trees on the property for raptor use.
F. No development shall occur to the north of the "Wildlife Boundary" designated on
the Final Plat. .
13. No development, including grading, excavation, fill placement, landscaping, vegetation
removal or disturbance, and wells, shall occur outside of the approved building envelopes,
except to improve the existing ranch roads, for utility and driveway extension and
maintenance, and as necessary to implement the wildfire mitigation measures required
elsewhere in this document. Landscaping may occur outside of the building envelopes
pursuant to a landscape plan approved by the Community Development Department. Wells
may be located outside of the building envelopes, if approved by the Environmental Health
and Community Development Departments.
I i Native vegetation shall be utilized torevegetate areas outside of the building envelopes that
arc disturbed by construction of access drives and installation of utilities, no later than one
growing season after completion of construction.
14. For any free market residential structure of 5,000 gross square feet or greater, the applicant
shall comply with Section 4.01.01(B) of the Pitkin County Road Management and
Maintenance Plan, which requires the applicant to provide construction trip and residential
trip generation studies. no applicant shall comply with this provision as it is in effect at the
time of building permit issuance to die satisfaction of the County Engineer.
15. The Applicant shall join a road improvement district for Red Mountain Road in the event
one is formed.
16. The .Applicant shall comply with the codes and standards of the Aspen Fire Protection
District Automatic sprinklers shall be installed in all dwellings.
i 7 The Applicant is not required to submit annual reports attesting to conformance with die
conditions of this approval, nor is the proposed use required to commence within 12 months
000025
Re.iahaiun Ao 99-i 111111111111 IIIII 11111111111111111111111111 IN 1111
"e` 7 439445 01/11/20M 10:37A DAVIS SILVI
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of the date of this approval, as would otherwise be required under the Special Review
provisions in the Land Use Code.
18. Lots 3 and 4 on Receiver Site B shall be subject to the following height limitations, to be
measured based on the Countv's regulations in effect at the time of building permit
submittal
A Principal structures: .15'
B. Accessory structures: 20'
19 The Applicant shall adhere to all material representations made in the application or in
public meetings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 1614
day of October, 1999.
INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD AT A REGULAR
MEETING on the 17" day of November, 1999.
APPROVED AND ADOPTED AFTER SECOND READING on the I"day of
December. 1999.
PUBLISHED AFTFR ADOPTION LN THE ASPEN TIMES on thea?- y of
becemiug , 1999.
4TTEST
7 �
Lyn e —RDcan. Clerk o the Board ,
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF PITX N COUNTY, COLOR ADO
SHELLIE RbIARPER, VICE -CHAIR
Date
APPROVED AS TO CONTENT:
John Fly, County A omey Cindy rioubcn, II�ISIW
Community Development Director
Luse PPrI1.99
Pin 0?1$4)09301)029
su1"M%ipnk,rnci=c Subdrv'<rick1myew
000026
EXHIBIT #5
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKI N
COUNTY, COLORADO, APPROVING THE PAEPCKE DEVELOPMENTLLC APPLICATION
FOR THE ERICKSON/DUROUX RANCHES SUBDIVISION/PUD DETAILED SUBMISSION
AND FINAL PLAT
Resolution No.OS9 -2001
RECITALS
I . Paepcke Development LLC ("Applicant") has created 2 parcels of 35+ acres each, which does not
legally constitute a subdivision within the purview of the County's subdivision review authority. The
Applicant proposes to accommodate one new single familyresidence and a caretaker dwelling unit on Parcel
I (Receiver Site A) and to subdivide Parcel 2 (Receiver Site B) into four single family lots and an open space
parcel.
2. The Applicant's parcel is zoned AFR-10 and contains 199 acres.
3. Said parcel is located on Red Mountain, immediately west of the Red Mountain Subdivision, and is
more specifically described in Exhibit A.
4. The Planning and Zoning Commission reviewed the application at a regularly scheduled meeting on
January 2, 2001, and recommended approval by a vote of 5-0.
5. The BOCC reviewed the application on first reading at a duly noticed public hearing on March 14,
2001, and on second reading at a public meeting on March 28, 2001, at which time evidence and testimony
were presented with respect to this application.
6. The BOCC finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code,
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Erickson/Duroux Ranches Subdivision/PUD Conceptual Submission, 1041 Hazard Review, Special Review
and GMQS Exemption, subject to the following conditions, which shall run with the land and be binding on
all successors in interest:
111111111111111111111111 III 11111111111111111111 IT III
453507 04/27/2001 03:46P RESOLUTI DAVIS SILYI
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000027
Resolution No.t11-1001
Page 1
The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36
inches in size with a 1 1/2 inch margin on the left side and a 12 inch margin on the other sides, and
drawn to scale which is not less than I inch = 100 feet, and shall otherwise comply with the
provisions of Section 540-020 of the Land Use Code. The Final Plat shall also be submitted in
digital format acceptable to the Community Development Department for incorporation into the GIS
system.
2. Prior to recordation of the Final Plat, the Applicant shall:
000020"
A. Present proposed names for roads within the subdivision to the Community Development
Department to ensure the names are unique and do not duplicate existing road names in the
County.
B. Submit the amended Subdivision Agreement for review and approval by the Community
Development Department and the County Attorney for form and compliance with the
development approval.
C. Provide certification from the County Treasurer's office that all ad valorem taxes applicable
to the parcel have been paid for all prior years.
D. Document the type and location of existing, non -conforming fencing on the property.
E. Obtain final approval from the County Engineer with regard to the drivewayand drainage
plans.
3. Concurrent with recordation of the Final Plat, the Applicant shall record the Subdivision
Agreement.
4. The Applicant shall amend the Final Plat as follows, prior to recordation:
A. Designate the access easement referenced in the Subdivision Agreement that will be located
above the "Wildlife Boundary."
B. Delineate the well and service line easements on Lots 1-4.
5. The Subdivision Agreement shall be amended as follows, prior to recordation:
A. Article 11, paragraph I(b): Amend to reference theAFR-10 zone district.
B. Article ll, paragraph I(f): Specify thatthe bunkhouse shall be limited to its existing size,
and specify that size. In addition, specify that expansion of the barn is permitted, subject
to the limitations in the Code for agricultural structures.
C. Article 11, paragraph 1(h)(iii): Specify that underground utilities shall be located within
or along roadways only, unless another location is approved by the Community
Development Department and the County Engineer.
D. Article 11, paragraph 4(e): Amend the final sentence as follows, "If an Individual Driveway
exceeds 30 inches within rhe required setbacks, a variance..."
E. Article 11, paragraph 11: Add a provision requiring each lotowner to make a cash -in -lieu
payment for PM 10 mitigation, prior to issuance of a building permit for their respective
residence. If at that time the Environmental Health Department has not instated a cashin-
lieu program and/or the required mitigation isnot acceptable to the lot owner, the lot owner
shall cooperate with Environmental Health Department to determine an alternative, mutually
acceptable mitigation proposal.
F. Article Il, paragraph 12(c): Replace with the following: "Roofs shall have a Class q non-
combustible roof system. Wood shakeshingle roof coverings are prohibited in all wildfire
hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas
unless they comply with the following:
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483607 04/28/2001 03:46P RESOLUTI DAVIS SILVI
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Resolution No405t-2001
Page 3
1) All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code (UBC) 1997 Section 1504 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 roof debris.
Provisions above the roofline, such as parapcts, shall be prohibited.
4) Roofs shall be installed as required by UBC 1997 Chapter 15 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."
G. Article 11, paragraph 16: Amend to require compliance with the regulations in effect at the
time of installation.
H. Article 11: Require compliance with the Construction Management Plan for construction of
the residences on the individual lots/parccls.
1. Article IV: Reference and require compliance with the Construction Management Plan and
Fugitive Dust Control Plan, which shall be attached tothe Subdivision Agreement.
6. The Applicant shall amend the Construction Management Plan as follows, prior to recordation:
A. Provide specific methods to handle traffic to and from the construction sites.
B. Provide a schedule for completion of the common improvtmerim
C. Specify in the hours of operation that construction noise is prohibited between 7 PM and 7
AM, as well as on Sundays and federal holidays.
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, § 4-140 and C.R.S., § 24-68-105. The statutory vested'rights granted herein shall
expire on 11114R&%h LQJ' 2016.
The Applicant shall comply with all matrial representations made in the application and in public
meetings and hearings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 10" day of
February, 2001.
INTRODUCED AND FIRST READ AT A PUBLIC EWARING on the 14° day of March, 2001.
APPROVED AND ADOPTED AFTER SECOND READING on the 28' day of March, 2001.
PUBLISHED AFTER ADOPTION IN THE ASPEN TMIES on the I day of A.01-4�,
2001 Qo R VeSTeD R HTS A)1 r;4F ,
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04/27/2001
Ill 111111111111
03:45P
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RESOLUTI DAVIS SILVI
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PITKIN COUNTY CO
000029
Resolurion No.A -10
Page 4
APPROVED AS TO FORM:
John Ely,
Coun omey
Case #P132-00
PID #273501100002
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BOARD OF COUNTY COMMISSIONERS
OF PrrKIN COUNTY, COLORADO
Date_Q_
APPROVED AS TO CONTENT:
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Community Development Director
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CA Pitkin Maps & More
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Improvement Survey Plat
Lot 4, Erickson Ranch Subdivision
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DISCLAIMER _
APPLICANT ACKNOWLEDGES THAT SHE/HE HAS BEEN INFORMED BY PRION COUNTY OF THE EXISTENCE OF \•\ _
ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY. ANY IMPROVEMENTS, AND THE USE \ ---
AND OCCUPANCY THEROF THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT INANY WAY
ASSURE OR IMPLY THATAREAS OUTSIDE OF THE DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS,
OR THAT APPROVED MITIGATION MEASURES VALL GUARANTEE THE SAFETY OF ANY PROPERTY
OWNERIAPPLICANT
PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR
THIS SITE PLAN HAS BEEN REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR THIS
_DAY OF 2015. SUBJECT TO ADMINISTRATIVE DECISION NO RECORDED AS RECEPTION NO.
PITKEN COUNTY COMMUNITY DEVELOPMENT DIRECTOR
ACCEPTANCE FOR RECORDING
THIS SITE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERKAND RECORDER OF THE
COUNTY OF PFTKIN, STATE OF COLORADO AT _ O'CLOCK, THIS _DAY OF _. 2015 IN PLAT BOOK
AT PAGE AS RECEPTION NUMBER
CLERKAND RECORDER
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- Aspen trees
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- Sage brush
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- Native wildflower mix
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- MINIMALLY DETAILED GLASS WINDOWS AND CURTAIN WALLS
- METAL SEAM AND MEMBRANE ROOFING
- STAINED AND SEALED WOOD SIDING
- CHARRED AND SEALED WOOD SIDING
- NATURAL STONE CLADDING
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SITE LOCATION
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ERICKSEN RANCH COMPANY LLC SITE PLAN
LOT 4, ERICKSON RANCH SUBDIVISION PUD
PARCEL ID # 273501358004
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MISCELLANEOUS
DOCUMENTS
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on January 28, 2016, the Pitkin
County Community Development Director granted approval for the Eriksen Ranch
Company LLC Scenic View Protection Review (Case P084-15; Deter. #008-2016). The
property is located at 600 Nell Erickson Road and is legally described as Lot 4, Erickson
Ranch Subdivision. The State Parcel Identification Number for the property is 2735-013-
58-004. This site-specific development plan grants a vested property right pursuant to Title
24, Article 68, Colorado Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the A_pgn Times Weekly, on FEBRUARY 11, 2016.
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, fc Lh� , being or representing an
Applicant to the Pitkin County Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public comment deadline to all owners of property within 300' of the
subject property, as indicated on the attached list, on -, 201 S(which is 301days prior to
the deadline of �, 201 s,. The names and addresses of the adjacent property owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public comment.
2. By posting a sign in a cons icuous lace on the subject property (as it could be seen from the nearest
public way) on the 201, which is at least fifteen (15) days prior to the public
comment deadline. A photograph of the posted sign is attached hereto.
c Kw V4, 4e 1, (o.t!) L L L
Applicant's name
(Attach photograph here)
TARA L. NELSCIN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 20014030017
MY COMMISSION EXPIRES 09/26/2017
' 6-�-3
I 42
Signature
201 bd bS,Ig0114 1C'�L day
oftl a
WITNESS MY HAND AND OF AL SF
MyyI ofcommission expires:
YA- L.- 1 SIJ V)
Not blic
Notary Public's Signature
GROMIS 2002 FAMILY TRUST
608 N ROXBURY DR
BEVERLY HILLS, CA 90210
AHUJA NAMRATA ASPEN OPRT
6321 PARKVIEW RD
GREENDALE, WI 53129
ERIKSEN RANCH CO LLC
96 GRAND ST # 4F
NEW YORK, NY 10013
JFI-FLA LLC
152 W 57TH ST 56TH FLR
NEW YORK, NY 10019
LEHRMAN FAMILY TRUST
AHUJA ARVIND ASPEN OPRT
1836 COLUMBIA RD NW
6321 PARKVIEW RD
WASHINGTON, DC 20009
GREENDALE, WI 53129
ELESABETHS TRUST
ZURCHER PAULA TRUST
1919 OXMOOR RD #234
PO BOX 1313
BIRMINGHAM, AL 35209
ASPEN, CO 81612-1313
HUNT MARK ERICKSON RANCH LOT OWNERS ASSOC
2001 N HALSTED #304 PO BOX 2019
CHICAGO, IL 60622 ASPEN, CO 81612
972 WILLOUGHBY WAY LLC 1130 WILLOUGHBY LLC
0133 PROSPECTOR RD #41028 152 W 57TH ST 56TH FL
ASPEN, CO 81611 NEW YORK, NY 10019
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PUBLIC NOTICE
RE: Eriksen Ranch Company LLC Scenic View Protection Review (Case P084-15)
NOTICE IS HEREBY GIVEN that an application has been submitted by Eriksen
Ranch Company LLC (96 Grand Street, Suite #4F, New York, NY 100 13) requesting
Scenic View Protection Review to construct a single family residence on Lot 4 with roof -
mounted solar panels. The property is located at 600 Nell Erickson Road and is legally
described as Lot 4, Erickson Ranch Subdivision. The State Parcel Identification Number
for the property is 2735-013-58-004. The application is available for public inspection in
the Pitkin County Community Development Department, City Hall, 130 S. Galena St.,
Aspen, CO 81611. Comments or objections are due by December 28, 2015. For further
information, contact Suzanne Wolff at (970) 920-5093.
Published in the Aspen Times Weekly on November 26, 2015,
Attention All Property Owners within 300' of the subject Property
A property owner receiving this public notice who wishes to submit comments or an
objection shall submit those to the Pitkin County Community Development, 130 South
Galena Street, Aspen, Colorado 81611, by December 28, 2015. If any objections to the
development application are received the Community Development Department shall
continue the application to a public hearing before the Hearing Officer.
hU://pitidncounty.com/DocumentCenterNiew/6629
PITIQN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
November 13, 2015
Alan Richman
PO Box 3613
Aspen, CO 81612
arichman@sopris.net
Re: Eriksen Ranch Company LLC Scenic View Protection Review
(PID #2735-013-58-004; Case # P084-15)
Dear Mr. Richman:
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.
1. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300'
of the subject property with the return address of the Community Development Department (copy of
notice will be mailed to you by the Community Development Department) by November 26, 2015.
The names and addresses shall be those on the current tax records of Pitkin County as they appeared
no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice who wishes to submit comments or objections to the Community No
Development by 28"' day of December, 2015. If any objections to the development application are
received by this date, the Community Development Department shall continue the application to a public
hearing before the Board of County Commissioners.
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the l la' day of December, 2015, which is at least fifteen (15) days prior to December
26, 2015. This must be submitted prior to any approvals being granted.
If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093.
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit Code Section 2-20-100
PITKIN OUNTY COMMUNITY DEVELOMENT
Permit Receipt
RECEIPT NUMBER 00039284
Name: ERICKSON RANCH Date:11/3/2015
Project Address: 600 NELL ERICKSON RD
Type: check # 1132
Permit Number Fee Description
0084.2015.PLAN PP- Flat Fee
0084.2015.PLAN PP- Public Notice Fee
Total:
Amount
1,625.00
54.00
1,679.00