HomeMy WebLinkAbout10 Skybeam_Resolution 7.12.17 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE SKYBEAM SUBDIVISION CONCEPTUAL SUBMISSION,
ACTIVITY ENVELOPE REVIEW,AND PLANNED UNIT DEVELOPMENT(PUD)
Resolution No. -2017
RECITALS
1. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter("HRC")official action
by formal resolution shall be required for all actions of the Board not requiring ordinance power on
matters of significant importance affecting citizens.
2. 501 Buttermilk LLC(hereafter"Applicant")has applied to the Board of County Commissioners of
Pitkin County,Colorado("BOCC")requesting to subdivide a 37 acre metes and bounds parcel into two
(2)lots. Lot 1 contains an existing single family residence of approximately 7,000 square feet of floor
area. The proposed new lot will not conform to the minimum lot size in the AR-10 Zone District,
therefore,the Applicant requests Planned Unit Development(PUD)approval to vary the minimum lot
size and rezone with a PUD designation.
3. The subject property is located at 501 West Buttermilk and is legally described as Attachment A.
4. The lot is zoned AR-10 and contains 37 acres, and is located within the Aspen Urban Growth
Boundary.
5. The BOCC approved rezoning the subject property with a PUD overlay,pursuant to Ordinance No.
-2017.
6. The BOCC granted a growth management allotment of 10,750 square feet of gross floor area for a
single family residence on the newly subdivided lot(lot 2),pursuant to Resolution No. -2017.
7. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly
scheduled meeting on December 13,2016 and May 2',2017 and recommended approval by a vote of
4-0.
8. The BOCC considered the proposed application on first reading at a duly noticed public hearing on July
12th,2017 and on second reading at a public meeting on July 26th,2017.
9. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code as follows:
A. The Activity Envelopes avoids all slopes in excess of 30%.
B. The wildfire hazard is rated as"moderate",and can be mitigated.
C. The lot does not contain mapped wildlife habitat areas protected by the Land Use Code.
D. The Subdivision/PUD is consistent with the Aspen Area Community Plan and the scale of
surrounding development.
E. The proposed Subdivision/PUD provides areas for common usable open space and preserves
more open lands in their natural state than would be required by the underlying zone district.
F. The proposed Subdivision/PUD will not result in significant adverse impacts on adjacent
properties, or the natural environment. The Applicant has committed to allocate some floor area
to a subgrade basement space and apply height restrictions to the new lot.
Resolution No. -2017
Page 2
G. No road improvements will be required as a result of the subdivision. Current infrastructure
exists to serve the new lot and has the capacity to serve the lot.
10. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolution.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin County,
Colorado that it hereby approves the 501 Buttermilk LLC (Skybeam) Subdivision/PUD Conceptual
Submission and Activity Envelope, subject to the following conditions,which shall run with the land and
be binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon the
satisfaction of the County Attorney as to form, execute any other associated documents necessary to
complete this matter:
1) Prior to submission of any building or development permit applications for Lot 2,the Applicant shall
attain Site Plan approval. Approval of this subdivision does not ensure approval of a Site Plan. At
Site Plan Review, the Applicant shall demonstrate compliance with Section 7-20-120(d), Scenic
View Protection Standards. The future residence shall not obstruct a ridgeline from any designated
Scenic Corridor.
2) The Applicant may combine the Subdivision Detailed Submission and Final Plat in one application.
3) At detailed/final plat submission, a "PUD Guide" shall be drafted and submitted which outlines the
reduction in the minimum lot size for Lot 2 and provides details of the use terms of the conservation
easement for both Lots 1 and 2. The PUD Guide shall be attached to the detailed/final plat resolution if
approval is granted.
4) Prior to detailed and final plat submission, the Applicant shall meet with Open Space and Trails to
discuss the 26.6 acre open space conservation easement dedication and trail easement dedication. The
Applicant shall submit a draft conservation easement and trail easement which shall be reviewed and
preliminarily approved by OST. BOCC approval of the easements is required by Ordinance. These
easements shall be recorded concurrent with recordation of the Final Plat. Depictions of these
easements shall also be shown on the Final Plat,if approved.
5) With detailed and final plat submission, the Applicant shall submit draft covenants memorializing the
commitments made in the GMQS portion of the application. These covenants shall be reviewed and
approved by the Community Development Director prior to any issuance of development permits.
6) Gross floor area for Lot 2 shall not exceed 10,750 square feet. Above grade floor area is limited to
8,250 square feet, including garages. The remaining 2,500 square feet of floor area shall be allocated
to below grade basement space as defined in the Land Use Code at the time of building permit
submittal.
7) The maximum height of the ridge of the roof of the future residence on Lot 2 shall not be constructed
any higher than the 8,095' elevation line. This requirement shall be demonstrated and verified at Site
Plan Review by a surveyor registered in the State of Colorado.
8) Prior to building permit issuance for Lot 2, the applicant shall abandon the existing well in accordance
with all State of Colorado requirements.
Resolution No. -2017
Page 3
9) If Final Plat approval is granted, the Applicant shall submit for recordation a Final Plat in accordance
with the Pitkin County Land Use Application Manual. The Applicant also submit for recordation an
Activity Envelope for Lot 2 in accordance with the Pitkin County Land Use Application Manual.
10) The Applicant shall comply with the recommendations outlined in the Pitkin County Certified
Wildfire Expert report (Attachment B) and shall consider these recommendations conditions of this
approval, including the following:
A. The Applicant shall comply with all requirements of the Aspen Fire Protection District.
B. The future residence on Lot 2 shall be sprinklered.
11) The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Contractors/construction workers shall be required to provide bear proof containers for all edible
and food related trash.
C. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
D. All fencing shall be wildlife friendly with the exception of dog kennels.
E. Wood rail perimeter fencing shall employ three rails or less, be the round or split rail type, shall
not exceed 54 inches in height above ground level and 12 inches in width (top view), and shall
have at least 18 inches between the lower two rails.
F. Wire fencing must be three (3) strands or less. The top wire should be a twelve-point-five (12.5)
gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands
(which may be barbed) should be located a minimum twelve (12) inches apart and from the top
wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen
(16)inches from the ground.
G. All non-conforming fencing on the property must be brought into compliance.
H. No fruit-bearing trees and shrubs in any landscaping.
I. Construction workers are prohibited from bringing their dogs on site.
J. All outside doors on all buildings shall utilize only solid round handled door knobs, unless
another type is required by the applicable Building Code for disabled accessibility purposes.
K. At building permit submittal, the Applicant shall submit for review and approval by the
Community Development Director a thistle reduction plan.
12) No development including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved Activity Envelope,
except as necessary to comply with the wildfire mitigation measures described above.
13) 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 activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
14) No development in excess of 30" above or below natural grade shall occur within the setbacks of the
lot,with the exception of driveways and associated retaining walls of up to 6' above or below natural
grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any development located within setbacks mandated by County zoning regulations
that does not comply with these restrictions shall require a variance from the Board of Adjustment.
Approval of an activity envelope within such setbacks does not assure approval of a variance.
Resolution No. -2017
Page 4
15) No calculations for height,bulk, setback, size,floor area,or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
16) 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.
Resolution No. -2017
Page 5
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 26th DAY OF JUNE
8TH, 2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
DAY OF 2017.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 12th DAY OF JULY,
2017 AND SET FOR SECOND READING ON THE 26TH DAY OF JULY 2017.
ADOPTED AFTER FINAL READING ON THE DAY OF 2017.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE DAY OF , 2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE DAY OF 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones George Newman, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, County Attorney Cindy Houben, Community Development Director
P067-16
PID 273503100001
Resolution No. -2017
Page 6
Attachment A
Legal Description
A TRACT OF LAND LOCATED IN GOVERNMENT LOTS 17, 18, 19,20 AND 21, SECTION 3, TOWNSHIP 10
SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY,COLORADO,
DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 3 FROM WHICH
THE NORTHEAST CORNER OF SAID SECTION 3 BEARS NORTH 03°54'00" EAST 2636.04 FEET;THENCE
SOUTH 59'38'25"WEST 2118.48 FEET TO A REBAR AND CAP PLS#27936 AT THE SOUTHWEST CORNER
OF BURLINGAME RANCH SUBDIVISION AS RECORDED AT THE PITKIN COUNTY CLERK AND
RECORDER IN BOOK 50AT PAGE 88 AS RECEPTION NO.43402 AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 26°53'31"WEST 1216.83 FEET ALONG THE SOUTHWESTERLY LINE OF SAID
BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS#27936;
THENCE NORTH 38°07'00'WEST 1444.05 FEET ALONG THE SOUTHWESTERLY LINE OF SAID
BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS#27936;
THENCE NORTH 07°10'10'WEST 1491.15 FEET ALONG THE SOUTHWESTERLY LINE OF SAID
BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS#27936 AT THE NORTH LINE OF THE
NW'/a OF SAID SECTION 3;
THENCE SOUTH 89°59'33'WEST 445.94 FEET ALONG THE NORTH LINE OF THE NW 14 OF SAID
SECTION 3 TO A REBAR AND CAP, PLS 420151,AT THE EAST LINE OF EAST OWL CREEK P.U.D.,AS
RECORDED AT PITKIN COUNTY CLERK AND RECORDER IN BOOK 22 AT PAGE 82;
THENCE SOUTH 00°05'32" WEST 1079.61 FEET ALONG SAID EAST LINE OF SAID EAST OWL CREEK
P.U.D.TO A REBAR AND CAP,PLS#20151;
THENCE SOUTH 06°22'05" EAST 234.57 FEET ALONG THE EASTERLY LINE OF SAID EAST OWL CREEK
P.U.D.TO A REBAR AND CAP,PLS#29030 AT THE SOUTHEAST CORNER THEREOF;
THENCE SOUTH 74°04'42"EAST 13.17 FEET TO A REBAR AND CAP, PLS#29030 AT THE SOUTHEAST
CORNER OF SAID GOVERNMENT LOT 18;
THENCE SOUTH 45°20'05" EAST 1846.67 FEET TO THE CENTER OF SAID SECTION 3 FROM WHICH A
REBAR AND CAP, PLS#27936 BEARS SOUTH 01°WEST A DISTANCE OF 14.7 FEET;
THENCE SOUTH 00°36'14" WEST 1096.95 FEET ALONG THE WEST LINE OF THE SE IA OF SAID
SECTION 3 TO A REBAR AND CAP, PLS#27936 TO THE NORTHERLY LINE EXTENDED WESTERLY OF
THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154;
THENCE NORTH 88°39'00" EAST 63.02 FEET ALONG SAID NORTHERLY LINE EXTENDED WESTERLY
AND ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT
PAGE 154;
THENCE SOUTH 89°56'00"EAST 244.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 TO A REBAR AND CAP, PLS#27936;
THENCE NORTH 88°20'00" EAST 298.14 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOOK 225 AT PAGE 154;
THENCE NORTH 89°41'00" EAST 130.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 TO THE TRUE POINT OF BEGINNING.
COUNTY OF PITKIN,STATE OF COLORADO.
ATTACHMENT
CAOLSSON
ASSOCIATES \ ,�
August 3, 2016
Haas Land Planning, LLC
420 East Main Street, Suite B-10
Aspen, Colorado 81611
RE: Wildfire Hazard Review for Activity Envelope, 501 West Buttermilk Road
Dear Mr. Haas,
I visited the property at 501 West Buttermilk Road in Pitkin County on July 27, 2016 with Mr. Philip
Ring, the property owner's development consultant. Mr. Ring requested a review of existing
conditions of potential wildfire hazards for compliance with the Land Use Code for establishment
of an Activity Envelope.
The proposed Activity Envelope would be located south and west of the existing residence. The
proposed site is considered "Moderate Hazard" due to slopes averaging 7% and patchy shrub
fuels. To the west of the proposed Activity Envelope, the bench slopes upward and is densely
vegetated with shrub species and brush.
The following mitigations are recommended for new construction.
I. Defensible Space
As during development of a new home, most of the vegetation within at least 15 feet of the
home site will likely be removed. Re-planting of vegetation must adhere to the following:
1. Brush, debris, and non-ornamental (i.e., non-irrigated) vegetation shall be removed
within a minimum 15-foot perimeter around the home.
2. No coniferous shrubs or highly flammable shrubs (e.g., sticky laurel [Ceanothus
velutinus]) may be planted within 20 feet of the home. No shrubs of any species may be
planted within 10 feet of the home; only grasses and forbs may be planted within 10 feet
of the home. Any planted shrubs within 20 feet of the home should be irrigated during
the summer and fall to keep live fuel moistures high.
3. Vegetation shall be reduced to break up the vertical and horizontal continuity of the
shrubby fuels for a minimum 60-foot perimeter around the structure. Spacing between
clumps of understory brush and vegetation within the 60-foot perimeter shall be at least
3 times the height of the fuel, with the goal of removing approximately 30 to 50% of the
shrubby fuels. This over-lot thinning may be done in an aesthetically pleasing manner so
as to not create a visual disruption. Mature aspen trees do not need to be thinned. Low
branches on remaining shrubs should be pruned to a height of approximately 6 feet.
4. No new coniferous trees may be planted within 20 feet of the house, and no trees of any
species may be within 15 feet of a window.
5. There should be no branches that extend over the roof eaves, and all branches within 15
feet of chimneys shall be removed.
760 Horizon Drive, Suite 102
Grand Junction, CO 81506
970.263.7800p 1
ono0�i;
I-laas Land Planning
501 W. Buttermilk Wildfire Hazard Review
August 2, 2016
6. All deadfall or dead limbs around the home, out to 100 feet or the lot line (whichever is
closer), shall be removed.
7. No flammable mulches shall be placed within 2 feet of the residence.
8. The property owner shall be responsible for the continued maintenance of the above
listed vegetation requirements.
II. Access
1. All understory brush shall be thinned and cut to the surface of the ground within 20 feet
of either side of the driveway.
III. Water Supply for Fire Safety
1. The home would be approximately 300 feet from an existing hydrant.
2. Any fire department-recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through
a fire department-approved mechanism.
IV. Roofing Materials, Roofing Vents, and Projections at and Below Roof Line
a) Roofing Materials
1. A Class A roof as defined by the currently adopted building code is required.
2. All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
3. No wood shakes or shingles.
b) Roof Venting
1. Soffit venting shall be located in the outer third portion of the overhang (which may
not be applicable for this home).
2. Attic, soffit, and other roof venting shall be of non-corrosive metal mesh with
maximum 1/4-inch openings.
c) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
1, One hour rated material or any material underlain by 5/8-inch Type X gypboard or
equal; or,
2. Type IV Heavy Timber materials, per the currently adopted building code.
d) Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1. Construction with noncombustible or one (1) hour rated material, or material with
flame spread of less than 25 (tested to ASTM E84 and listed for exterior use); or,
2. Conventionally framed deck with waterproof surface and underside protected with
5/8-inch Type X gypboard or equal (decking as above); or,
3. Type IV Heavy Timber materials: joist and beams (minimum 6 inches x 10 inches),
columns (minimum 8 inches x 8 inches), decking (minimum 4 inches in depth), or
decking described under d)1 above, or equivalent log construction.
Olsson Associates 2
000h0) E
Haas Land Planning
501 W. Buttermilk Wildfire Hazard Review
August 2, 2016
V. Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Yards shall be kept clear of all litter, slash, and flammable debris.
4. All flammable materials shall be stored on a parallel contour a minimum of 15 feet
away from any structure.
5. Weeds and grasses within the 10-foot perimeter shall be maintained to a height of
not more than 6 inches.
6. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet
away from the structure.
7. Non-salt water swimming pools and ponds, if any, shall be accessible by the local
fire district.
8. Fences shall be kept clear of brush and debris.
9. Wood fences shall not connect to other structures.
10. Fuel tanks shall be installed underground within an approved container.
11. Each structure shall have a minimum of one 10-pound ABC fire extinguisher.
12. Addresses shall be clearly marked with 2-inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on a non-combustible surface.
The standards stated in 7-20-60 Wildfire Hazards, have been slightly modified for the conditions
at this property. While no home is truly "fire proof", these recommendations are provided to
improve defensibility of a home in the event of a wildfire. These recommendations are provided
as minimum standards for defensibility, and long-term maintenance of fuel conditions would be
necessary and under the responsibility of the homeowner to ensure defensibility.
Thank you for this opportunity to comment on this property, and please feel free to email if you
have any questions.
Sincerely,
Eric Petterson
Olsson Associates
Olsson Associates 3
000088