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HomeMy WebLinkAboutbocc.res.123.2016 111111 11111 111111111111111 IIIIINTIIIMVIIIAERIEIIIIII RECEPTION#: 635953, R:50.00, D:50.00 DOC CODE RESOLUTION Pg 1 of 6,02/07/2017 at 10:46:29 AM James K.Vos Caudill, Pitkin County,CO RECONSIDERATION OF RESOLUTION NO. 108-2016 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,GRANTING APPROVAL OF THE AML INVESTMENT IV LLC RESTORATION ACTIVITY ENVELOPE & SITE PLAN REVIEW Resolution No. 123-2016 RECITALS I. AMI. Investment IV LLC ("Applicant')has applied to the Board of County Commissioners("BOCC") Tl to obtain Activity Envelope and Site Plan Review approval to restore vegetation removed outside of the Building Envelope on the slope south of the residence. \ h1 _. The property is located at 76 Placer Lane,and is more specifically described as Lot I. George Pamil) LLC Subdivision. 3. The parcel contains 1.72 acres and is a conforming size parcel in the R-30 zone district. 4 4. lite BOCC approved the George Family Subdivision, pursuant to Resolution Nos. 152-2005 and yN) '0 135-2006. The plat was recorded in Plat Book 82 at Page N. Scenic View Protection Ret iew approval was required prior to building permit application and was approved pursuant to r Administrative Decision No. 84-2009. A Certificate of Occupancy for the single family residence was issued April 8'h, 2013. " $,"4, 5. The Count) issued a Notice of Violation to stop work on October 20'1, 2015 for remot al of vegetation outside of Building Envelope. The work performed violated the following approsals for the George Family LLC Subdivision: A. Resolution No. 152-2005,condition d(5) No development, including grading,excavation, fill placement, bermmg-or ranch gates,and vegetation removal or disturbance shall occur outside of the approved building envelopes unless otherwise specified in this document, such as necessary wildfire mitigation. .Removal of existing vegetation outside of the principal building envelopes shall be res iewed and approved by Community Development B. Resolution No. 152-2005., condition 14(7)(A) Native vegetation shall he maintained outside of the building envelopes. No riparian or wetland vegetation shall he damaged or removed. Cl Resolution Na 152-2005, condition#(7)(B) Mature,healthy cottonwoods shall not be removed without approval from Community Development. D. Administrative Decision No. 84-2009,condition =14I required adherence to material representations. which required development to occur within the Building and Landscape Envelopes shown on the plat. and did nut include an development on the slope below the residence. RECEPTION#:635953,02/07/2017 at 10:46:29 AM, Pgs 2 of 6,Janice K.Vos Caudill, Pitkin County,CO Resolution No. 123-2016 Page 2 6. Activity Envelope and Site Plan Review approval is required for the Applicant to perform the necessary revegetation on the hillside to correct the violation. 7. At a duly noticed public hearing on September 14,2016,the BOCC approved the Restoration Activity Envelope and Site Plan, subject to conditions, hosed on the following findings' A. The Restoration Activity Envelope and Site Plan to restore vegetation removed on the slope south of the residence is appropriate in order to correct the violation.The plans are consistent with previous approvals in that they seek to recreate the scenic and ecological qualities provided by native vegetation. B. The Restoration Activity Envelope and Site Plan complies with the applicable provisions of the Code,as follows: I) All restoration activities will occur within the Activity Envelopes. Activity in the Restoration Activity Envelope will be limited to the removal of the cut vegetation, installation and maintenance of new plantings,restorative tree crown pruning,and temporary irrigation. 2) The majority of the hillside contains slopes of 30-45%. No grading will occur except minimal, localized grading necessary to install the new vegetation. Irrigation lines will be hand dug into the slope and historic drainage patterns will be maintained. 3) The Arborist Tree Sure) Report. dated May I I. 2016,found that of the 127 significantly pruned trees on the property, 30 could be retained and restored. 32 were likely in poor condition prior to the work being performed, and the balance of the affected trees would respond with regrowth and decay that would result in frequent failures and significant reduction in longevity and aesthetic contribution. Following the arborist's recommendations, the landscape architect has elected to remove 645.5"D.B.H. of the significantly pruned trees. To meet the mitigation requirements of Section 7-20-140(c) of the Code, the Applicant will plant 646" D.R.!I. of replacement trees. 4) Native species appropriate to the site will be planted in locations similar to the surrounding natural vegetation patterns. The healthy existing vegetation will be preserved and protected. 5) The property is within the scenic view protection area("SVPA")as seen from State Highway 82/Main Street at the intersections of Galena Street, Mill Street and Aspen Street. By restoring the landscape with appropriately sized native material in accordance with other sections of the Code,the new vegetation will not have the immediate screening qualities of the previous mature trees. The landscaping plan has been designed to give the vegetation the best possible chance of survival in order to screen the residence over time as it did previously. 6) Prior to construction of the residence,a wildfire hazard assessment was completed by Rocky Mountain Ecological Service. The parcel was determined to he within a Severe Wildfire Hazard area. The recommendations regarding vegetation density have been incorporated into the landscape plan. 8. At the hearing the BOCC directed staff to include the following condition of approval in the Resolution: Condition M 10 RECEPTION#635953,02/0712017 at 10:46:29 AM,Pgs 3 of 6,Janice K.Vos Caudill,Pitkin County,CO Resolution No. 123-2016 Page 3 A restoration progress report prepared by a certified arborist shall be submitted biannually on June 1"and October l"to Community Development for review until June P', 2037. Any trees retained or required for mitigation that do not survive fto or least twew),(20)years shall he replaced at the property owner's expense. 9. At a regular meeting on September 28th,2016 the Applicant requested and the BOCC agreed to reconsider Condition#10. 10. At a duly noticed public hearing on November 2, 2016, the BOCC considered the Applicant's request to remove Condition 410 in its entirely or reduce the survival monitoring period to a timeframe consistent with the Land Use Code or industry standards. 11. The BOCC has resolved, and the Applicant has agreed, to monitor the trees identified for retention for a period of five(5)years. 12 The BOCC finds that to insure that the vegetation has the opportunity to regain its former density and to promote the aesthetic qualities to the area, it is reasonable to require replacement of planted trees that do not survive for five(5)years,and to require financial security for a period of five(5)years to cover the cost of replacing those trees. Although outside the industry standards discussed at the November 2n°hearing,the BOCC finds that five years is nonetheless a reasonable period that reflects a compromise between the concerns of Applicant and the BOCC as well as consideration of said industry standards and the time needed to determine it regrowth has been successful, to assess the adequacy of the irrigation system, and to account for the shorter growing season at the property which ranges in elevation from 7,980 8,050 feet. 13. This Resolution No. 123-2016 and the land use approvals and conditions of approval included herein shall fully and completely supersede and replace Resolution No. 108-2016 in its entirety. NOW,THEREFORE,DE IT RESOLVED by the BOCC that it does hereby approve the AML Investment LLC Restoration Activity Envelope and Site Plan Review,subject to the following conditions,which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of BOCC Resolution Nos. 152-2005, 135-22006,and Administrative Decision No. 84- 2009 shall remain in full force and effect,except as amended herein. 3. Prior to submission of any development permit applications,the Applicant shall be required to submit for final review and approval by the County Attorney and Community Development Director a revised Activity Envelope and Site Plan. The above referenced approvals shall he a condition precedent to finalization and recordation.The following changes shall occur to the proposed Activity Envelope and Site Plan: RECEPTION#635953,02/07/2017 at 10:46:29 AM,Pgs 4 of 6.Janice K.Vos Caudill, Pitkin County,co Resolution Na 123-2016 Page 4 a) Title the plan "AML Investment IV LLC Restoration Activity Envelope and Site Plan". b) Delete the Community Development Director signature block and insert a BOCC signature block. c) Include the note "No development is permitted in the Restoration Activity Envelope except as shown on this Site Plan or for the removal of noxious weeds. Wildfire hazard mitigation work requires approval from Community Development`. 4. The Activity Envelope and Site Plan shall be recorded within 60 days of the date of approval thereof by the County Attorney and Community Development Director.The Tree Removal and Mitigation Plan and the Revegetation Plan shall be recorded as pan ofthc Site Plan. 5. Pursuant to BOCC Resolution No. 135-2006,the Applicant shall grant a Right-of-Way easement for Red Mountain Road that extends 30 feet from the centerline of the existing Road. The ROW easement granted to the County shall not deduct from the Lot Area calculation (for purposes of calculating Floor Area for the Lot). The easement shall be reviewed by the County Engineer and must be accepted by the BOCC by Ordinance.The Final Plat of the George Family LLC Subdivision recorded in Plat Book 82 at Page 24 shall be amended to include the dedicated Right-of-Way easement. The amended plat and easement shall be recorded concurrently within I SO days of the date of this approval. 6 Obtain an Farthmoving/Clearing/Grubbing permit. With the permit application, the Applicant shall: A. Obtain a Right-of-Way permit from the County Road and Bridge Department for work proposed in the Red Mountain Road Right-of-Way. B. Install tree protection fencing on the vulnerable trees to remain prior to commencement of any activity. C. Submit a construction management plan for review and approval by the Planning Engineer. Include plans for protecting the significant vegetation to remain. D. Submit a tree removal and mitigation plan consistent with the recorded Site Plan. E. Submit a detailed landscape plan with appropriate seed mixes,erosion control methods,and wildlife protection fencing plan. F. Submit for review and approval by Community Development a timeline for the continued tree crown restoration treatments. G. Submit financial security in a form acceptable to the County Attorney to ensure the successful establishment of the installed plant materials and the survival of the remaining trees. The financial security shall be held for a period of five(5)years from the date of receipt. II. Submit an irrigation plan. The irrigation system shall be installed and maintained with adequate water pressure and supply. Irrigation shall be supplied to all new planting areas for a minimum of two growing seasons. Irrigation lines shall be carefully hand dug into the existing slope. Trenching and disturbance to existine plants shall be minimized. Underground moisture sensors to control the irrigation and prevent over or under watering of the specific species is required. I. Submit a site specific drainage and erosion control plan for review and approval by the Planning Engineer.Grading shall be limited to small, localized areas for the installation of vegetation, temporary irrigation, and minor stabilization. The owner is responsible for offsite impacts to adjacent properties resulting from work authorized by this Resolution. Historic drainage patterns shall be maintained. RECEPTION#635953,02107/2017 at 10:46:29 AM, Pgs 5 of 6,Janice K.Vos Caudill, Pitkin County,CO Resolution No. 123-2016 Page 5 7. Trees and debris removed shall be legally disposed of off the property. 8. Work permitted in condition 16 shall be completed.and inspected by Community Development prior to July 1",2017. A licensed landscape architect or contractor shall certify that landscaping and irrigation systems are installed as planned and to industry standards. The Community Development Director may extend the deadline for good cause. 9. All plants shall be maintained in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Landscape areas shall remain free of weeds, liner, junk, rubbish and other nuisances and obstructions. 10. Frees identified for retention shall be evaluated by a certified arborist and treated for leaf feeding insects or other pathogens each June,or other summer month as recommended by a certified arborist, for the next five(5)years. Tree structure and form shall be evaluated and any necessary crown restoration and or other pruning shall be performed as recommended by a certified arborist each October or other fall month as may be recommended by a certified arborist for the next five(5)years. New trees required for replacement that do not survive for at least five(5)years after initial installation thereof shall be replaced at the owners expense unless said replacement trees do not survive as a result of wildfire, storms or other natural or human events that can be neither anticipated nor controlled by Applicant. I I. No development is permitted in the Restoration Activity Envelope except for that shown on the recorded Site Plan or for the removal of noxious weeds. Wildfire hazard mitigation work requires approval from Community Development. New and existing vegetation shall not be damaged, destroyed or removed except that approved for removal and pruning. 12. Failure to comply with the conditions of this approval may result in revocation of his approval,or any subsequent pennit(s)or approval(s)related to this property,or vested rights associated with this propert). 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, § 4-140 and C.R.S., §24-68-105. The statutory vested rights granted herein shall expire on November 2"a, 2019. RECEPTION#.635953,02/07/2017 at 10:46:29 AM,Pgs 6 of 6,Janice K.Vos Caudill, Pitkin County,CO Resolution No. 123-2016 Page 6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the I I"day of August,2016. ORIGINALLY APPROVED AND ADOPTED the 14"day of September,2016 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 6'"day of October,2016 for the reconsideration of Condition#10. APPROVED AM)ADOPTED AFTER RECONSIDERATION this 2n°day of November,2016. PUBLISHED AFTER ADOPTI9N FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the/6day of thrca r/ ,2846.2ct/7 ! BOARD OF COUNTY COMMISSIONERS OF PI IN COUNTY, a LORADO By rim' A EST: Rachel E. Richard Chair Date go/9-i IL_ al J,• al le -e Jones,Clerk to a BOCC Al"'OVED AS TO FORM: APPROVED AS TO CONTENT: 4464.4u% Gl/K(�i-�7-t G// John Ely, Cindouben, IV County A • Community Development Director P054-16;P1D4273707211001 RECEPTION# : 635498, 01/18/2017 at 02 : 18 :23 PM, 1 OF 6, R $0 .00 Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 635364 01/12/2017 at 08:34:33 AM, 1 OF 6, R $0.00 Janice K. Vos Caudill, Pitkin County, CO RECONSIDERATION OF RESOLUTION NO.10&2016 OF THE BOARD OF COUNTY A COMMISSIONERS OF PITON COUNTY,COUNTY,COLORADO,GRANTING APPROVAL OF THE (WGY AML INVESTMENT IV LLC RESTORATION ACTIVITY ENVELOPE&SITE PLAN REVIEW a ��e\\tResolution No.! -2016 3� RECITALS I. AML Investment IV LLC("Applicant")has applied to the Board of County Commissioners("BOCCI Co obtain Activity Envelope end Site Plan Review approval to restore vegetation removed outside of the Buil iag Envelope on the slope south of the residence. �� 2. The property is located at 76 Placer Lane,and is more speci focally dettrihcd as Lot I.George Family LIC Subdivision. • 3. The parcel contains 1.92 acres and is a conforming size parcel in the R-30 zone district. \vp 4. The BOCC approved the George Family Subdivision,pursuant to Resolution Nos. 152-2005 and 135- 2006. The plot was recorded in Plot Book 82 at Page 24. Scenic View Protection Review approval O` was required prior to building permit application and was approved pursuant to Administrative Decision No.84-2009. A Ccnifate of Occupancy fur the single faosily residence was issued April g',2013. his Y. 5. The County issued•Notice of Violation to stop work on October 20',2015 for removal 9/vegetation outside of the Building Envelope. The work pertmmcd violated the following George Family LLC Subdivision: approvals for the tV A. Resolution No.152-2005,condition#(5) No development includinggrading.excavation,fill placement,!terming.or ranch gals,and vegetation removal or disturbance shall actor outride gibe approved bedding envelopes unless J' otherwise specified in this document such as necessary wildfire mitigation..Removal iferisring N vegetation outside ofrhe princlpalbuildlag envelopes shall be reviewed and approved by Carnmunlry Development. B. Resolution No. I52-2005,condition#(7XA) Nater trgetadon shall be maintained outside ofthe building envelopes. No nparion or rmlond X C. vegetation skill be damaged or removed • Resolution Nu.152-2005,condition((7)(8) II Mature,healrey cottonwoods shall nut be renamed without approvalfont Community Development. D. Administrative Decision No.R4-2009,condition#(4)required adherence to material representations,which required development to occur within the Building and landscape Envelopes shown on the plat,and did not include any development on the slope below the residence. RECEPTION# : 635498, 01/18/2017 at 02 : 18 :23 PM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 635364, 01/12/2017 at 08:34:33 AM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO • Rerolr4ion No.03 -2016 Page 2 6. Activity Envelope and Site Plan Review approval is required for the Applicant to perform the necessary' revegetation on the hillside to correct the violation. 7. At a duly noticed public hearing on September 14,2016,the BOCC approved the Restoration Activity Envelope and Site Plan,subject tocondiriors,based on die following findings: A. The Restoration Activity Envelope and Sire Plan to restore vegetation removed on the slope south of the residence is appropriate in order to correct die violation.The plans are consistent with previous approvals in that they seek to recreate the scenic and ecological qualities provided by native vegetation. B. 'The Restoration Activity Envelope and Site Plan complies with the applicable provisions of the Code,as follows: - I) All restoration activities will occur within the Activity Envelopes.Activity in the Restoration Activity Envelope will be limited to the removal of the cur vegetation.installation and maintenance of new plantings,restorative tree crown pruning,and temporary irrigation. 2) The majority of the hillside contains slopes of 30-45%. No grading will occur except minimal,localized grading necessary to install the new vegetation. Irrigation lines will be hand dug into the slope and historic drainage patients will be maintained. 3) The Arborist Tree Survey Report,dated May I I,2016,found that of the 127 significantly pruned treesen the property,30 could be retained and restored,32 were likely in poor condition prior to the work being performed,and the balance of the affected trees would respond with regrowth and decay that would result in frequent failures and significant reduction in longevity and aesthetic contribution.Following the orborist's recommendations, the landscape architect has elected to remove 645.5"O.B.H.of the significantly pruned trees. To meet the mitigation requirements of Section 7-20-140(c)of the Code,the Applicant will plant 646'D.B.H.of replacement trees. 4) Native species appropriate to the site will be planted in locations similar to the surrounding natural vegetation patterns. The healthy existing vegetation will be preserved and protected. 5) The properly is within the scenic view protection area(`SVPA")as seen from State Highway 82/Main Street at the intersections of Galena Street.Mill Snell and Aspen Street By restoring the landscape with appropriately sized native material in accordance with other sections of the Code,the new vegetation will nor have the immediate screening qualities of I Iw previous mato,trees. The landscaping plan las been designed to give the vegetation the best possible chance of survival in order to screen the residence over time as it did previously. 6) Prior to construction of the residence,a wildfire hazard assessment was completed by Rocky Mountain Ecological Service. The parcel was determined to be within a Severe Wildfire Hazard area.The recommendations regarding vegetation density have been incorporated Into the landscape plan. 8. At hearing the BOCC directed staff to include the following condition of approval M the Resolution: Condition#10 RECEPTION#: 635498, 01/18/2017 at 02 :18 :23 PM, 3 OF 6, Janice K. Vos Caudill, Pitkin County, CO RECEPTIONµ: 635364, 01/12/2017 at 08:34:33 AM, 3 OF 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No.f{3-2016 Page 3 • A restoration progress report prepared by a certified arhortst shall be auburitted Mammary on Jane P and October 1"to Commonly Developrmntfnr review until June 1 2037. Any trees retained or required for mitigation that do oat survive for al least twenty(20)years shall he replaced at the Propel owner's expense. 9. At regular meeting on September 28'",2016 the Applicant requested and the BOCC agreed to reconsider Condition 9I O. 10. Ale duly noticed public hearing on November 2.2016.the BOCC considered the Applicant's request to remove Condition 910 in its entirety or reduce the survival monitoring period to a tinseframe consistent with the Land Use Code or industry standards. 11. The BOCC has resolved,and the Applicant has agreed.to monitor the trees identified far retention fora period of five(5)years. 12.The BOCC finds that to insure that the vegetation has the opportunity to regain its former density and In promote the aesthetic qualities to tire area,his reasonable to requite replacement of planted trees that do not survive for five(5)years,and to require financial security fW n period of rive(5)years to cover the cost of replacing those trees. Although outside the industry standards discussed at November 2'a hearing,the BOCC finds that five yeah is nonetheless it reasonable period that reflects a compromise between the concerns of Applicant and the BOCC as well as consideration of said industry standards and the time nulled to determine if regrowth hes been sucussfid,to assess the adequacy of the inigation system,and to account for the shorter growing season at the property which ranges in elevation from 7,980—1,050 feet. NOW,THEREFORE,BE IT RESOLVED by the DOCC that it does hereby approve the AML Investment LLC Restoration Activity Envelope and Site Plan Review,subject to the following conditions,which shall ion with the land and be binding on all successors in interest: I..The Applicant shall adhere to all materiel representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval,unless amended by other conditions. 2. The conditions of fs0(1C Resolution Nos 152-2005,135-20(16,and Administrative Decision No.84- 2009 shall remain in fill force and cOcnt,except as amcndml herein. 3. Prior to submission of any development permit applications,the Applicant shall be required to submit for find review and approval by the County Attorney and Community Development Director a revised Activity Envelope and Site Plan. The above referenced approvals shall be a condition precedent to finalization and recordation.The following changes shall occur to the proposed Activity Envelope and Site Plan: a) Title the plan"AML Investment IV LLC Restoration Activity Envelope and Site Plan'. b) Delete the Community Development Director signature block and insert a BOCC signature block. RECEPTION# : 635498, 01/18/2017 at 02 : 18 :23 PM, 4 OF 6, Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 6353691 01/12/2017 at 08:34:33 AM, 4 OF 6, Janice K. Vos Caudill, Pitkin County, CO Rsvdmimn.Na43.2016 Page 4 c) Include the note'No development is permitted in the Restoration Activity Envelope except as shown on this Site Plan or for the removal of noxious weeds. Wildfire hazard mitigation work requires approval from Community Development'. 9. Ike Activity Envelope and Site Plan shall be retxuded within 60 days of the date of approval thereof by the County Attorney end Criminally Development Director.The Tree Removal and Mitigation Plan and the Revcgetation Plan shall be recorded as pan of the Silo Plan, 5. Pursuant to B0CC Resolution No.115-2006,the Applicant shall grant a Right-of-Way casement fur Red Mountain Road that extends 30 foci from the centerline of the existing Road. The ROW casement granted to the County shall not deduct from the Lot Area caIwhation(for purposes of calculating Fluor Ara fur the Lot). The enscment shall be reviewed by the County Engineer and must be acecpled by the BOCC by Ordinance.The Final Plat of the George Family I.LC Subdivision ' mottled in Phu Book 82 at Page 24 shall be amended to include the dedicated Righhof--Way easement. The amended plat and easement shall he recorded concurrently within 180 days ofthc date of this approval ' 6. Obtain an Parthmoving/CkadrJGrubbing permit With the permit application,the Applicant shall: A. Obtain a Right-of-Way permit from the County Road and Bridge Department for work proposed in the Red Mountain Road Right-of--Way. B. Install tree prosection fencing on the vulnerable trees to remain prior to commencement of any activity. C. Submit a construction management plan for review and approval by the Planning Engineer.Include plans for protecting the significant vegetation to remain. D. Submit a tree removal and mitigation plan consistent with the recorded Site Plan. E. Submita detailed landscape plan with appropriate seed mixes,erosion control methods.and wildlife protection fencing plan. F. Submit for review and approval by Community Development a timeline for the continued tree cram restoration treatments. G. Submit financial security in a form acceptable to the County Attorney to ensure the successful establishment of the installed plant materials and the survival of the remaining trees. The financial security shall be held fora period of five(5)years from the date of receipt. II. Submit an irrigation plan. The irrigation system shall be installed and maintained with adequate water pressure and supply, Irrigation shall be supplied mall new planting areas for a minimum of Iwo growing seasons. Irrigation lines shall be carefully hand dug into the existing slope. Trenching and disturbance to existing plants shall be minimised. Underground moisture sensors to control the irrigation end prevent Over or under watering of the specific species is required. I. Submit a site specific drainage and enttinn control plan for review and approval by the Planning Engineer.Grading shell be limited to small,lnnlizml areas fur the installation of vegetation, temporary irrigation,and minor stabilization.The owner is responsible for offsite impacts to adjacent properties resulting From work authorized by this Resolution Historic drainage patterns shall be maintained. T. Trees and debris removed shall he legally disposed cifotithe property. RECEPTION#: 635498, 01/18/2017 at 02 : 18 :23 PM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No.111-2016 Page 5 8. Work permitted in condition#6 shall be completed,and inspected by Community Development prior to July 1",2017. A licensed landscape architect shall certify that landscaping and irrigation systems are Stalled as planned and to industry standards. The Community Development Director may extend the deadline for good cause. 9. All plants shall be maintained in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Landscape areas shall remain free of weeds,litter, junk,rubbish and other nuisances and obstructions. 10. Trees identified for retention shall be evaluated by a certified arborist and treated for leaf feeding Sects or other pathogens each June for the next five(5)years. Tree structure and form shall he evaluated and any necessary crown restoration and or other pruning shall be performed as recommended by a certified arborist each October for the next five(5)years. New trees required for replacement that do not survive for at least five(5)years after installation shall be replaced at the owner's expense. I I. No development is permitted in the Restoration Activity Envelope except for that shown on the recorded Site Plan or for the removal of noxious weeds. Wildfire hazard mitigation work requires approval from Community Development. New and existing vegetation shall not be damaged, destroyed or removed except that approved for removal and pruning. 12. Failure to comply with the conditions of this approval may result in revocation of this approval,or any subsequent permit(s)or approval(s)related to this property,or vested rights associated with this property. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes,subjecfto 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 November 2"s,2019. RECEPTION#: 635498, 01/18/2017 at 02 : 18 :23 PM, 6 OF 6, Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 635364( 01/12/2017 at 00:34:33 AM, 6 OF 6, Janice K. Vos Caudill, Pitkin County, CO Rmolaam.Na.41-2016 Page 0 NOTICE.OF PUBLIC HEARING PUBLISHED IN THE.ASPEN TIMES WEEKLY an the le day of August.2016. ORIGINALLY APPROVED AND ADOPTED the le day of September.2016 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 6°day olOctnber,2016 for the reconsideration of Condition 010. APPROVED AND ADOPTED AFTER RECONSIDERATION this 2e1 day oFNovcmber.2016. PUBLISHED AFTERADOPTI,ON FOR VESTED REAL PROPERTY RIGHTS in the Acorn Timex Weekly nn the J'e/I"day of Ott ata .1044. 3a17 BOARD OF COIINIY COMMISSIONERS OF PIIKB4 COUNTY.COLORADO By ��44 I A FST: Ra hel L Richards,Chair Date I i, oly \ I I :1. t J O- 1 •, , Janes,Clerk t• e!OCC AP"OVED AS TO POEM APPROVED AS'I O CONTENT: �— % . Suw.,D.LZWI14-fTICH John Ely,• -! Cindy Hnuhcn, Coun6 Attorney Community Development Director P014-16:PIU4273707211001 Resolution No.) 3-2016 Page 6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11111 day of August,2016. ORIGINALLY APPROVED AND ADOPTED the 14'11 day of September,2016 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 6th day of October, 2016 for the reconsideration of Condition #10. APPROVED AND ADOPTED AFTER RECONSIDERATION this 2°day of November,2016. PUBLISHED AFTERADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 1 day of64061 ,2Q44. bi'j BOARD OF COUNTY COMMISSIONERS OF PITKINCOl�1N�T/Y,7fCOLORA D/O By l E. F. Chair �a\i AT' EST: Ra hcl E. Richards,Chair J OP- Date /- //-roti lea �Ite Jones,Clerk hi he ROCC AP• •OVED AS TO FORM: APPROVED AS TO CONTENT: John EI Cindyllouben, County Attorney Community Development Director P054-16:PIDt1273707211001 RECEPTION# : 635364, 01/12/2017 at 08 :34 :33 AM, 1 OF 6, R $0. 00 Janice K. Vos Caudill, Pitkin County, CO RECONSIDERATION OF RESOLUTION NO.108-2016 OF THE BOARD OF COUNTY 1. 4Y. COMMISSIONERS OF PITKIN COUNTY,COLORADO,GRANTING APPROVAL OF THE AML INVESTMENT IV LLC RESTORATION ACTIVITY ENVELOPE&SITE PLAN REVIEW 9r Resolution No.113-2016 • RECITALS I. AML Investment IV LLC("Applicant)has applied to the Board of County Commissioners('BOCC') to obtain Activity Envelope and Site Plan Review approval to restore vegetation removed outside of ` the Building Envelope on the slope south of the residence. OU 2. The property is located at 76 Placer Lane,and is more specifically described as Lot I,George Family LLC Subdivision. 3. The parcel contains 1.72 acres and is a conforming size pared in the R-30 zone district. Ni 4. The BOCC approved the George Family Subdivision,pursuant to Resolution Nos. 152-2005 and 135- y5 2006. The plat was recorded in Plat Book 82 at Page 24. Scenic View Protection Review approval `%, was required prior to building permit application and was approved pursuant to Administrative Decision No.84-2009. A Certificate of Occupancy for the single family residence was issued April 8'",2013. 5. The County issued a Notice of Violation to stop work on October 20°,2015 for removal of vegetation outside of the Building Envelope. The work performed violated the following approvals for the 94.. George Family LLC Subdivision: % A. Resolution No. 152-2005,condition 4(S) v No development, including grading. excavation,fill placement,berming,or ranch gates,and vegetation removal or disturbance shall occur outside c+f the approved building envelopes unless N otherwise specified in this document,such as necessaty wildfire mitigation...Removal of existing vegetation outside of the principal building envelopes shall he reviewed and approved by Community Development. B. Resolution No. 152-2005,condition M(7)(A) Native vegetation shalt he maintained outside oftlre building envelopes. No riparian or wetland �, vegetation shall he damaged or remind • C. Resolution No.152-2005,condition N(7)(B) XMature,healthy cottonwoods shall not be removed without oppm•oi f nm Community Development. D. Administrative Decision No.84-2009,condition N(4)required adherence to material representations,which required development to occur within the Building and Landscape , Envelopes shown on the plat,and did not include any development on the slope below the residence. - RECEPTION# : 635364, 01/12/2017 at 08 :34 :33 AM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO • • Resolution No.$3 -2016 Page 2 6. Activity Envelope and Site Plan Review approval is required for the Applicant to perform the necessary revegetation on the hillside to correct the violation. • 7. At a duly noticed public hearing on September 14,2016,the BOCC approved the Restoration Activity Envelope and Site Plan,subject to conditions,based nn the following findings: A. The Restoration Activity Envelope and Site Plan to restore vegetation removed on the slope south of the residence is appropriate in order to correct the violation.The plans are consistent with previous approvals in that they seek to recreate the scenic and ecological qualities provided by native vegetation. B. The Restoration Activity Envelope and Site Plan complies with the applicable provisions of the Code,as follows: I) All restoration activities will occur within the Activity Envelopes.Activity in the Restoration Activity Envelope will be limited to the removal of the cut vegetation. installation and maintenance of new plantings,restorative tree crown pruning,and temporary irrigation. 2) The majority of the hillside contains slopes of 30.45%. No grading will occur except minimal, localized grading necessary to install the new vegetation. Irrigation lines will be hand dug into the slope and historic drainage patterns will be maintained. 3) The Arborist Tree Survey Report,dated May I I,2016,found that of the 127 significantly pruned trees on the property,30 could be retained and restored,32 were likely in poor condition prior to the work being performed,and the balance of the affected trees would respond with regrowth and decay that would result in frequent failures and significant reduction in longevity and aesthetic contribution.Following the erborist's recommendations, the landscape architect has elected to remove 645.5"D.A.H.of the significantly pruned trees. To meet the mitigation requirements of Section 7-20-140(c)of the Code,the Applicant will plant 646"D.B.H.of replacement trees. 4) Native species appropriate to the site will be planted in locations similar w the surrounding natural vegetation patterns. The healthy existing vegetation will be preserved and protected. 5) The property is within the scenic view protection area("SVPA")as seen from State Highway 62,T4ain Street at the intersections of Galena Street,Mill Street and Aspen Street By • restoring the landscape with appropriately sized native material in accordance with other sections of the Code,the new vegetation will not have the immediate screening qualities of the previous mature trees. The landscaping plan has been designed to give the vegetation the best possible chance of survival in order to screen the residence over time as it did previously. 6) Prior to construction of the residence,a wildfire hazed assessment was completed by Rocky Mountain F..cological Service. The parcel was determined to he within a Severe Wildfire Hazard area. The recommendations regarding vegetation density have been incorporated into the landscape plan. 8. At the hearing the BOCC directed staff to include the following condition of approval in the Resolution: Condition 810 RECEPTION# : 635364, 01/12/2017 at 08 :34 :33 AM, 3 OF 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No.O3-2016 Page 3 A restoration progress report prepared by a certified arborist shall he submitted biannually an June P and October I"to Community Development for review until June P.2037. Any trees retained or required for mitigation that do not survive for at least meaty(201 years shall be replaced at the property owner's expense. • 9. At a regular meeting on September 28",2016 the Applicant requested and the BOCC agreed to reconsider Condition tit 0. 10. At a duly noticed public hearing on November 2.2016,the BOCC considered the Applicant's request to remove Condition#10 in its entirety or reduce the survival monitoring period to a timeframe consistent with the Land Use Codc or industry standards. 11. The BOCC has resolved,and the Applicant has agreed.to monitor the trees identified for retention rot a period of five(5)years. 12. The BOCC finds that to insure that the vegetation has the opportunity to regain its tanner density and to promote the aesthetic qualities to the area,itis reasonable to require replacement of planted trees that do not survive for Live(5)years_and to require financial security for a period of five(5)years to cover the cost of replacing those trees. Althoughoutside the industry standards discussed at the November 2nd hearing,the BOCC finds that five years is nonetheless a reasonable period that reflects a compromise between the concerns of Applicant and the BOCC as well as consideration of said industry standards and the time needed to determine if regrowth has been successful,to assess the adequacy of the irrigation system,and to account for the shorter growing season at the property which ranges in elevation brain 7,980—8,050 feet. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the AML Investment LLC Restoration Activity Envelope and Site Plan Review,subject to the following conditions,which shall run withthe land and be binding on all successors in interest: I.. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval,unless amended by other conditions. 2. The conditions of!OCC Resolution Nos. 152-2005, 135-2006,and Administrative Decision No.84- 2009 shall remain in full force and effect,except as amendevi herein. 3. Prior to submission of any development permit applications,the Applicant shall be n: uired to submit for final review and approval by the County Attorney and Community Development Director a revised Activity Envelope and Site Plan. The above referenced approvals shall he acondition preceded!to finalization and recordation. The following changes shall occur to the proposed Activity Envelope and Site Plan: a) Title the plan"AML Investment IV LLC Restoration Activity Envelope and Site Plan". b) Delete the Community Development Director signature block and insert a BOCC signature block. RECEPTION#: 635364, 01/12/2017 at 08 :34 :33 AM, 4 OF 6, Janice K. Vos Caudill, Pitkin County, CO Resolution.A'oll$-2016 Page 4 c) Include the note"No development is permitted in the Restoration Activity Envelope except as shown on this Site Plan or for the removal of noxious weeds. Wildfire hazard mitigation work requires approval from Community Development". 4. The Activity Envelope and Site Plan shall be recorded within 60 days of the date of approval thereof by the County Attorney and Community Development Director.The Tree Removal and Mitigation Plan and the Revegetation Plan shall he recorded as part of the Site Plan. 5. Pursuant to BOCC Resolution No. 135-2006,the Applicant shall grant a Right-of-Way easement for Red Mountain Road that extends 30 feet from the centerline of the existing Road. The ROW casement granted to the County shall not deduct from the Lot Area calculation(for purposes of calculating Floor Area fur the Lot). The easement shall be reviewed by the County Engineer and must be accepted by the BOCC by Ordinance.The Final Plat of the George Family LLC Subdivision recorded in Plat Book 82 at Page 24 shall be amended to include the dedicated Right-of-Way easement. The amended plat and easement shall he recorded concurrently within 180 days ofthc date of this approval. 6. Obtain an Earthmoving/Clearing/Grubbing permit. With the permit application,the Applicant shall: A. Obtain a Right-of-Way permit from the County Road and Bridge Department for work proposed in the Red Mountain Road Right-of-Way. B. Install tree protection fencing on the vulnerable trees to remain prior to commencement of any activity. C. Submit a construction management plan for review and approval by the Planning Engineer.Include plans for protecting the significant vegetation to remain. D. Submit a tree removal and mitigation plan consistent with the recorded Site Plan. L. Submit a detailed landscape plan with appropriate seed mixes,erosion control methods,and wildlife protection fencing plan. P. Submit for review and appmval by Community Development a timeline for the continued tree crown restoration treatments. Cl. Submit financial security in a form acceptable to the County Attorney to ensure the successful establishment of the installed plant materials and the survival of the remaining bees. The financial security shall be held for a period of five(5)years from the date of receipt II. Submit an irrigation plan. The irrigation system shall be installed and maintained with adequate water pressure and supply. Irrigation shall be supplied to all new planting areas for a minimum of two growing seasons. Irrigation lines shall he carefully hand dug into the existing slope. Trenching and disturbance to existing plants shall be minimized. Underground moisture sensors to control the irrigation and prevent over or under watering of the specific species is required. I. Submit a site specific drainage and erosion control plan fur review and approval by the Planning Engineer.Grading shall be limited to small,localized areas for the installation of vegetation, temporary irrigation,and minor stabilization.The owner is responsible for offsite impacts to adjacent properties resulting from work authorized by this Resolution. Historic drainage patterns shall be maintained. 7. Trees and debris removed shall he legally disposed of off the property. RECEPTION# : 635364 , 01/12/2017 at 08 : 34 :33 AM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO • Resolution Non; -?Ills Page 5 8. Work permitted in condition 46 shall he completed,and inspected by Community Development prior to July Is',2017. A licensed landscape architect or contractor shall certify that landscaping and irrigation systems am installed as planned and to industry standards. The Community Development Director may extend the deadline for good cause. 9. All plants shall he maintained in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Landscape areas shall remain free of weeds, litter, junk,rubbish and other nuisances and obstructions. 10. Trees identified for retention shall be evaluated by a certified at borist and treated for leaf feeding insects or other pathogens each June,or other summer month as recommended by a certified arhorist, for the next five(5)years. free structure and form shall he evaluated and any necessary crown restoration and or other pruning shall he performed as recommended by a certified arborist each October or other fall month as may be recommended by a certified arborist for the next five(5)years. New trees required for replacement that do not survive for at least five(5)years after initial installation thereof shall he replaced at the owner's expense unless said replacement tines do ml survive as a result of wildfire, storms or other natural or human events that can be neither anticipated nor controlled by Applicant. 11. No development is permitted in the Restoration Activity Envelope except for that shown on the recorded Site Plan or for the removal of noxious weeds. Wildfire hazard mitigation work requires approval from Community Development. New and existing vegetation shall not be damaged, destroyed or removed except that approved for removal and pruning. 12. Failure to comply with the conditions of this approval may result in revocation of this approval,or any subsequent permii(s)or approvals)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 Cudc and Colorado Statutes,subject to the exceptions set forth in Pitkin County Land Use Code,4 4-140 and C.R.S.. §24-68-105. The statutory vested rights granted herein shall expire on September 14,2019. RECEPTION#: 635364 , 01/12/2017 at 08 :34 :33 AM, 6 OF 6, Janice K. Vos Caudill, Pitkin County, CO Resolution No./A3-2016 Page 6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11'1'day of August,2016. ORIGINALLY APPROVED AND ADOPTED the 14^'day of September,2016 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 66 day of October,2016 for the reconsideration of Condition 610. APPROVED AND ADOPTED AFTER RECONSIDERATION this 2"d day of November,2016. PUBLISHED AFTER ADOPT(1DN FOR VESTED READ,PROPERTY RIGHTS in the Aspen Times Weekly on the IY"'-day of&Bur rl .2414. 'etq II BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO�� D(n/ By iLO� \ A EST: fta cel F.Richards,Chair Date 1- n- 2-6l7 le `tte Jones,Clerk he DOCC AP"OVED AS TO FORM: APPROVED AS TO CON'I'ENI: Rift/ft/V-0_iC MAI 14 -6-1 CH John F,yI , - ----'/ Cind' Houhcn, County Attorney Community Development Director P054-16:P1D3273707211001