HomeMy WebLinkAboutbocc.res.067-2017 I V111E11111 I III 111111111111 11111 I III II I 1111111111 III 11111 111111 I II 1111
RECEPTION#: 643672, R $0.00, D: $0 00
DOC CODE RESOLUTION
Pg 1 of 9. 12/07/2017 at 02:57 02 PM
Janice K Vos Caudill, Pitkin County, CO
RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE SKYBF.AM SUBDIVISION CONCEPTUAL SUBMISSION,
ACTIVITY ENVELOPE REVIEW,AND PLANNED UNIT DEVELOPMENT(PUD)
Resolution No.OW-2017
RECITALS
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
501 Buttermilk LLC (hereafter "Applicant") has applied to the Board of County Commissioners of
Pitkin County. Colorado("BOC C") requesting to subdivide a 37 acre metes and bounds parcel into two
(2) lois Lot I contains an existing single family residence of approximately 7,000 square feet of floor
area. I he newly proposed Int 2 will not conform to the minimum lot size in the AR-10 Zone District.
therefore, the Applicant requests Planned Unit Development (PUD) approval to van the minimum lot
size and rezone with a PUD designation
3 Hie subject property is located at 501 West Buttermilk and is legally described in Attachment A
4 The lot is zoned AR-10 and contains 37 acres. and Is located w whin the Aspen Urban Growth
Boundary
5 The ROCU approved rezoning the subject property with a PUD overlay, puisuant to Ordinance No
030 -2017
6 the BOCC granted a Growth Management allotment of 10,750 square feet of gross floor arca for a
smile family residence on the newly subdis ided lot (Lot 2). pursuant to Resolution No,p'5-0 -2017
Subsequent to this allocation,the Applicant has voluntarily reduced this amount to a maximum of 7.750
square feet of gross floor area which is enumerated in conditions outlined below.
7 The Pitkin County Planning and Zoning Commission considered the proposed application at regularly
scheduled meetings on December 13. 2016 and May 2"d, 2017 and recommended approval by a vote of
-0
I he BOCC considered the proposed application on first reading at a duly noticed public hcanng on July
12'A, 2017. continued first reading on September 13. 2017. and continued tint reading on September
272,20 i 7 The request was heard on second reading at a public meeting on October 11',2017
0. The BOCC finds that the appbcation is consistent with the applicable provisions of the Pttkut County
Land Use Code as Follows
A The Activity Envelope avoids all slopes in excess of 30%.
B The wildfire hazard is rated as-moderate',and can be mitigated.
C '1 he lot does not contain mapped wildlife habitat areas protected by the Land Use Code
D The Subdivision/Pt ID is consistent with the Aspen Area Community Plan and the scale of
surrounding development
F The proposed Subdit ision/PL D 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
Page
F the proposed Subdivision/PUD will not result in significant adverse impacts an adjacent
properties,or the natural environment The Applicant has committed to allocate a portion ot the
floor area to a subgrade basement space and apply height restrictions to the new lot
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 hest 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 1.1 C (Skybeam) Subdivision./1'LJD 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 lo
complete this matter
) Prior to submission of any building or development permit applications for Lot 2.the Applicant shall
attain Site Plan approval. Approval of this suhdivision does not ensure approval ofa Site Plan. At
Site Plan Review, the Applicant shall demonstrate compliance with Section 7-20-120(d). Scenic
View Protection Standards I he future residence shall not obstruct a ridgehne from any designated
Scenic Co-ridor
2) The Applicant may combine the Subdivision Detailed Submission and Final Plat in one application
3) At detailed/final plat submission, a "PLID Guide' shall be drafted and submitted which outlines the
reduction in the minimum lot size fir I til 2 and pros ides details of the use terms of the conservation
casement for both Lots I and 2. 1 he PUD Guide shall be concurrent to detailed/final plat resolution, if
approval a granted.
4) Prior to detailed arid final plat submission, the Applicant shall meet with Open Space and Trails to
discuss the 26.6 acre open space conservation casement dedication and trail easement dedication. The
Applicant shall also designate a 3'a party beneficiary for the open space conservation casement
Potential ?M pane designees include but are not limited to the Aspen Valley land Trust, the City of
Aspen. and the Nature Conservancy. the Applicant shall submit a draft conservation easement and trail
casement wfirch shall he rev iewed and prelinunardy approved by OSP and any beneficiaries. BOCC
approval of flat casements is i equired by Ordinance These easements shall he executed and recorded
concurrent w Ith recordation of the Final Nat Depict of these easements shall also be shown on the
I
inal Plat. If approved.
5) Prior m constmcnon of the potential trail across I ot 1 and during the planning phase for the trail, the
Aspen Oaks BOA shall he notified in carting by Paton County Open Space and Trails of all (rail
planning meetings Pitkin County Open Space and Trails shall consult Colorado Parks and Wildlife
and all beneficiaries of the conservation casement during the planning phase for the potential trail.
6) With detailed and final plat submission- the Applicant shall submit draft covenants memorializing the
commitments made in the Gb1QS portion of the application. These covenants shall he reviewed and
approved by the Community Development Director and recorded concurrent with the final plat. if
approved.
Rcvduvan.lut I-20/;
Page 3
71 Lot I and Lot 2 shall not be further subdivided
8) Gross floor arca for Lot 2 shall not exceed 7,750 square feet Above grade floor area is limited to
5,750 square feet, inclusive of garages andior other outbuildings_ A maximum of 2,000 square feel
of floor area is limited to below grade basement space as defined below:
• Below grade spaces are located below both the natural and finished grades If any pars of the
below-grade space is exposed above natural or finished grade (such as walk-out basement,
walls or courts)the entire below-grade area shall be included in the above grade floor area
calculations
• Below grade spaces are accessed only by stairway or elevator from the story directly above.
or through a door from a garage adjacent to the below-grade area
• Below grade spaces arc no greater than twenty(20)feet in depth and no more than a single
stop For purposes of this definition,"story'shall mean that portion of a building included
between the upper surface of a floor and the upper surface of the floor above.
• Below grade spaces do not contain doors to the exterior of the structure
• Below-grade bedrooms are allowed no more than one(1)egress window per bedroom
Below grade spaces that contain no bedrooms are allowed only one egress window When
below grade egress is achieved through one or more below grade bedrooms, no additional
egress shall be pro'ided Egress window well size shall not exceed the minimum allowed by
the International Building Code/International Residential Code.
• Habitable below-grade spaces may be provided with aggregate glazing area of not more than
eight(8) percent of the habitable area of the room. "Habitable' shall mean a space in a
building tor living-sleeping,eating or cooking. Unfinished basements shall be considered
habitable spaces- Bathrooms,toilet rooms,closets. halls, storage or utility spaces and similar
areas shall not be considered habitable spaces Window wells for natural light have a
maximum dimension of three(3)feet from the exterior wall_ The maximum window welt
V\idth shall be no more than the w idth of the window. Skylights and bay w endow-eke glazing
arc prohibited in below grade spaces.
• Foundation walls for below-grade spaces may he exposed above natural and finished grade to
the minimum degree required by the IRC pertaining to foundation design
• lip to lent 10) percent of any particular below-grade wall surface may extend above natural
gradc so long as the finished grade covers the wall surface that would otherwise be exposed_
9) I he ridge of the mot of the future residence on Lot 2 shall not be constructed any higher than the 8,095'
elevation line Compliance with this requirement shall be demonstrated and verified at Site Plan
Review by a surveyor registered in the State of Colorado
10) Prior to building permit issuance for I of 2, the applicant shall abandon the existing well in accordance
with all State of Colorado requirements.
I I) If Sinal Plat approval is granted. the Applicant shall submit for recordation a Final Plat In accordance
with the Pitkin County I and Use Application Manual_ The Applicant also submit for recordation an
Activity Envelope for Lot 2 in accordance with the Pitkin County Land Else Application Manual,
12) 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
Reerdndon No a?-20I-
/'og. 4
A. fhe Applicant shall comply with all requirements of the Aspen Fire Protection District
B The future residence on Lot 2 shall he sprinklered
13) The Applicant shall comply with the following measures to mitigate Impacts to wildlife:
A Native vegetation shall be maintained outside of the activity envelope
9 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
Courtly'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 he 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 142) inches 1 he middle strands
(which may he barbed) should be located a minimum twelve (12) inches apart and Prem the top
wire preventing entanglement x hen mule deer pump over the bottom strand should he sixteen
(16) inches from the ground
Ci All non-conforming fencing on the property must be brought into compliance_
II No fruit-hearing trees and shrubs in any landscaping
I Construction workers arc prohibited from bringing their does on site
All outside doors on all buildings shall utilize only solid round handled dour 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 res icw and approval by the
Coi mnun i ty Development Du ector a thistle reduction plan
14) No development including grading, excavation. fill placement- berming. landscaping. vegetation
removal or disturbance, well or septic system shall olcur outside of the approved Activity Envelope.
except a necessary to comply v.ith thew ildtirc mitigation measures described above.
15) Prior to commencement of tiny earthmoving or other eunstrucbon activity. the Applicant shall stake
the corners of the activity envelope arid install construction fencing around the construction site
within the perimeter of the activity envelope The fencing shall remain in place until issuance of a
C'.rtlicate of Occupancy
In)No development in excess of all"above or below natural grade shall occur within the setbacks of the
lot, with the exception of driveways acd associated ietmmng walk of up to n' above or below natural
grade and fencing Landscaping in the form of hems shall not exceed tour feel from the most
restriclwe grade Any development located within setbacks mandated by County Inning regulations
that does not comply with these restrictions shall require a variance fiom the Bnard of Adjustment
Approval of an actio ity envelope within such setbacks does not assure approval of a variance
I7) No calculations for height. bulk. setback,size, floor arca,or any other building and zoning requirements
have been conducted These requirements will be considered at the time of building permit Any
structures rcprescnled in the application may not be permitted under building and zoning regulations
18) Failure to comply, with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(c) related to this properly, or vested rights assouated with this
property
Rcioluiew No 01-2(11
Page 5
NOTICE or PUBLIC IIEARTNG AND TITLE ANI) SHORT SUMMARY OF THE
RES01 U I ION PUBLISHED IN THE ASPEN TIMES WEEKLY ON 'I INE
8111. 2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF FHE RESOLUIION POS FED
ON Ti IF. OFFICIAL ITKIN COUNTY WEBSITE (www pitkineounty Com ) ON THE
DAY OF 2017.
INTRODUCED AND I'IRS I'READ AIA PUB] IC HEARING ON THE 12TH DAY OF JULY.
2017,CONTINUED Ist READING ON SEPTEMBER 13TH, 2017, AND CONTINUED 1CT
READING ON SEPTEMBER 27111, 2017.
ADOPTED AFTER FINAL READING ON THE 11'^ DAY OF OC I'OBLR 2017.
PI IBI 1SHFD BY 'I I'I'I F AND SHORT SUMMAVRY. AFI ER ADOPTION" IN THE ASPEN
TIMES WEEKLY ON THE fittli DAY OF , 2017.
POS FED Bl'TTII,E AND SHORT SUMMARY ON I HE OFIIC II\L PITKIN COUNTY
WEBSITE (www.pitktncuunt) corn ON TFTE 7 DAY OF /-IflJjtply/ _ X017
A9TFST' BOARD OF COI INTY COMMISSIONERS
1 l r
i 04
I i
Jeatf'tte Jones C\George Newman, Chair
De ty County Clerk
PIEDate.
APPROVE l) ASID FORM- APPROVED Rs TO CONTENT.
tip
loin )--P Attorney. Cin. louben. CummunSt4Development Director
P067-16
PID_73503I 0000I
&sundi lNo 1)64-2(117
Pant 6
Attachment A
Legal Descr(puon
A TRACT OF LAND LOCATED IN GOVERNMENT LOTS 17,16, 19,20 AND 21, SECTION 3,TOWNSHIP 10
SOUTH,RANGE 85 WEST OF 1 HE 61H PRINCIPAL MERIDIAN, PITKIN COUNTY,COLORADO,
DESCRIBED AS FOLLOWS'COMMENCING AT THE EAST 1/.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 59'38251 WEST 2118.48 FEET TOA REBAR AND CAP PLS 427936 AT THE SOUTHWEST CORNER
OF PURI INGAME RANCH SUBDIVISION AS RECORDED AT THE PITKIN COUNTY CLERK AND
RECORDER IN BOOK 50 AT PAGE 88 AS RECEPTION NO.43402 AND THE TRUE POINT OF BEGINNING,
THENCE NORTH 26°53'31"WEST 1215.83 FEET ALONG THE SOUTHWESTERLY LINE OF SAID
BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, P1.5#27936.
THENCE NORTH 38°07'00'WEST 1444.05 FEET ALONG THE SOUTHWES LERLY LINE OF SAID
BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP,PLS 427936;
THENCE NORTH 07•11710'WEST 1491,15 FEET ALONG THE SOU I HWES f ERLY UNE 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°5033'WEST 445 94 FEET ALONG THE NORTH LINE OF THE MN Y.OF SAID
SECTION 3 TOA REBAR AND CAP,PLS#20151,AT THE FAST 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"0632" WEST 1079.61 FEET ALONG SAID EAST LINE OF SAID EAST OWL GREEK
P U.D TOA REBAR AND CAP,PLS#20151,
THENCE SOUTH 0612705-EAST 234.57 FEET ALONG THE EASTERLY LINE OF SAID EAST OWL CREEK
P.11 D.TDA REBAR AND CAP, PLS 429030AT THE SOUTHEAST CORNER THEREOF;
THENCE SOUTH 74104'42"EAST 13.17 FEET TOA REBAR AND CAP, PLS#29030 AT THE SOUTHEAST
CORNER OF SAID GOVERNMENT LOT 18;
THENCE SOUTH 45°2005' EAST 1846.57 FEET 1 O THE CENTER OF SAID SECTION 3 FROM WHICH A
REBAR AND CAP,PLS 1/27936 BEARS SOUTH or WESTA DISTANCE OF 14 7 FEET,
THENCE SOUTH 00.36'14' WEST 109695 FEET ALONG THE WEST LINE OF THE SE''A OF SAID
SECTION 3 TO A REBAR AND CAP,PLS#27936 TO THE NORTHERLY LINE EXTENDED WESTERLY OF
THAT TRACT OF l AND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154,
THENCE NORTH 138139130' 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 09°56'00 EAST 244.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOCK 225AT PAGE L54 TOA REBAR AND GAP, PLS 427936,
THENCE NORTH S8°20'00"EAST 29814 FEET ALONG THE NORTHFRI V I INF OF TI LAT TRACI OF LAND
AS DESCRIBED IN SAID BOOK 225 AT PAGE 154,
THENCE NORTH 89°41017EAST 130.00 FEEL ALONG I HE NORTHERLY LINE OF THAT TRACT OF I AND
AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 TO THE TRUE POINT OF BEGINNING.
COUNTY OF PITKIN.STATE OF COLORADO.
ATTACHmE_NT \�
O\OLSSON ®
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 at501 West Buttermilk Road in Pitkin County on July 27,2016wrth Mr.Philip
Ring, the property owners 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 al 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
velutrnus])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 he reduced to break up the vertical and horizontal continuity of the
shrubby fuels for a minimum 60-fool 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 feel 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
970.263.7600 1
000086-
Haas Land Planning
501 W.Buttermilk W Idfire 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 Flre 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.
h) 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 Roofino,including Soffits,Rafters,Perch 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 limber materials, per the currently adopted building code.
d) Decks,Decking,Cantilevered Floors,or Other Projections Below the Rooiline:
1. Construction with noncombustible or one(1) hour rated material, or material with
flame spread of less than 25(tested to ASTM E84 and fisted for exterior use);or,
2. Conventionally framed deck with waterproof surface and underside protected with
518-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.
Olssnn Associates 2
K )r.(_1
Haas Land Planning
501 W. Buttermilk Wildfire Hazard Review
August 2,2016
V.Maintenance and Miscellaneous Requirements
1. Roofs and gutters shah be kept clear of debris.
2. Yards shall be kept clear of all fitter,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 slacked 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.
B. Fences shall be kept dear of brush and debris.
9. Wood fences shall not connect to other structures.
10.Fuel tanks shall be instaled underground within an approved container.
11. Each structure shall have a minimum of one 10-pound ABC fire extinguisher.
12.Addresses shall be dearly 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 Vire 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,
Enc Petterson
Olsson Associates
Olsson Associates a
000088