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HomeMy WebLinkAboutbocc.res.013.2019 RECEPTIONSL 654140,Ri$0.00.D:$0.00 DOC CODE: RESOLUTION Pg 1 of 7.0272572019 at 68:43:55 AM Janice K.'los Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY. COLORADO APPROVING THE HORSESHOE ASPEN MOUNTAIN LLC SITE PLAN REVIEW Resolution No.011-2019 RECITALS I. Pursuant to Section 2 8 4 (Actions)of the Pitkin County Home Rule Charter ("FIRE ), -ill mutl+n not required to be acted upon In otdmance or formal resolution may be acted upon by tam mal resolution 2. Horseshoe Aspen Mountain LI,C t"Applicant")has submitted an application to the Board ufCounty Commissioners of Pitkin l'ounty, Colorado("BOCC")for approval of a Site Plan for develupmenr ohm the appio ed Activit> Em elope 3. Phe properh is located on Midnight Mine Road and is more speciticdh described as the Horseshoe I ode, I7 S Mineral Survey No, 6010, located in Section 25, TON+nshtp 10 South, Range 85 West of the 61" P.M_ 4. The pt opeC+ s zoned Rural and Remote and contain- 10.: 1 aces 5. The parcel lid.,created by patent in 1892. A cabin Has hail[on the ptopem without Count), appro%al in permit in the 1980s. 6. 'I he Community Dec elopment I)ii ector("Director")denied an application to establish art Activity Envelope on the parcel,put snant to AdnumstratiN e Decision No. 58-2015. 7 he Director found that two areas included in the Aebvit3 En%elope were NN ith in the High I lazard/Red Avalanche Zone, where Land Use Code Sec. 7-2(1-50(a)( I)prohibits development, The owner submitted a request for a takings determination pursuant to Sec 2-40-150 of the Code to determine whether the Director's denial of the application constituted a taking of pin ate property NN ithout just compensation. In Resolution No 098-2015,the BOCC found that a taking had occurred, and remediated the taking by appros Ing au Activity Envelope that avoided the High Hazard/Red AN alanche Zone at thy southern end of the envelope and acknowledged that the envelope could not be accessed on the existing driveway without crossing the High Hazard/Red ,A%alanche zone The Activity Ln%elope Plan was recorded to Mat Book 114 at Page'7. the cabin was removed as required by Condition r2 of the Re+utution (Permit 40131 20 I 6.prgr), 7. 'I-he BOCC approved an amend'rent to the Act ity Envelope to extend the envelope to the south into an area determined to be w:thai the A+alarehe Moderate Hazard Zone('Blue Zone").puracant to Resolution Ni , 070 2017. The First Amended Acti%it% Em elope Plan was recorded in Plat Book 121 at Page 5. 3. I he BOCC considered this application at a duh noticed public hearing,on February 13.2019,at which time evidence and testimony N+aS presented with respect to the application 4. 1 he BOCC finds that the piopo%d Site Plan complies with the applicable pro%isions of the Land Use Code and the conditions ut'Resolution Nos.098-2015 and 070-2017 as follm+s. Resolution No 013 J0I9 Payr 2 A. The de'elopment rs w nhrn the previously approy ed Activity Em elope. B. A certified professional engineer has designed the structure to mitigate the avalanche hazard, based on the site-specific avalanche hazard analwrs. 1 he Colorado Geological Survey(CGS)and Colorado Ay alanche Information Center(CN(')confirmed that the methods used to calculate the snow pack height. avalanche flow height and avalanche Flow pressure are reasonable. C To ensure the safety of users of the driveway,the Applicant has committed not to use the driveway from December I to April 30 each year I'he cabin would be accessed from the sw nchback on Midnight Mine Road directly to the cabin and avoiding the portion of Midnight Mine Road and the din ew ay that are within the High Hazard/Red Avalanche Zone, This route would be with in the ay alanche Blue Zone According to the CA IC,this use pattern would dramatically reduce the probability of being in the driveway during a large avalanche ey ent No access to the cabin shall occur on the drive ay during those dates D No development will occur on slopes in excess of 45% E The building setbacks proposed by the Applicant - 10 feet to the south, 50+ feet to the north, 50+ feet to the east; and 50+feet to the west—comply with the special res iew standards in Sec. 2-30- 300)(2) of the Code fhe setbacks accommodate development within the approved Activity Envelope,where impacts to the natural em ironment, constrained areas,and the surrounding area are minimized. F. No improvements to the existing driveway are required. G. An On-Sue Wastewater Treatment System has been designed to he accommodated within the Acti rt) Envelope. Environmental Health has rey iewed the design. which complies with the applicable standards H. The property is within the mapped Scenic View Protection Area as seen from Castle Creek Road, but is not visible from Castle Creek Road 5. I he BOCC finds that it is in the best interests of the Lityens of Pitkin County to appnne this Resolution NOW,THEREFORE, BE IT RESOLVED by the BOCC that it hereby approy es the Horseshoe Aspen Mountain L LC Site Plan Reyie subject to the follow ung conditions, which shall run with the land and be binding on all successors m interest. and authorizes the Chair to sign on behalf of the county. 1 The Applicant shall adhere to all material rept esentations 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 this Resolution shall replace all conditions of BOCC Resolution Nos. 098-2015 and 070-2017. 3. Prior to submission of any building permit applications, the Applicant shall he requn ed to submit for approval by the County Attorney and Community Development Director Site Plan in accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2 1 I The above referenced approvals shall he a condition precedent to finalization and recordation The Site Plan shall he amended as follows prior to recordation A Include the components of the On-Site Wastewater Treatment Sy stem B Include the 100' setback from the stream C. Label the mechanical and storage buildings. Rt snlunon,Vo 013:2u,y Page 3 D Depict the corridor to be utilized to access the cabin from December I to April 30 in order to avoid use of the dritet+a}. The corridor shall rot be is,proved. E Include the following-Owuerlsl Wai fling and Waiver Disclaimer"on the Site Plan. The Applicant acknowledges Thal he .she has been ml'nvurl hr Pitkin t.'ounm of the existence al, "environmental hazard urr<ry"that ought atted the pr:j ird'. any improvements, and the uei upanry then sof The pawls/011.5 of the Palm County it'gu/auuns Ju not in ant way ass'ire nr uttpl i that arras ou/ h/t' nJ designated h:rar<f wrens will he free li'onr hazards, or that approved nnitgauun"inaeures will guarantee the safety of the/rroperm The Applicant acknowledges thin he-she has been informed(fiat em change in ngetunan above the development such as through trtld/ire, disease. debris flax, h,ndande crosaon or other Disturbance iv likely to ins erase rhe avnlandrc risk, and additional mitigation mar he needed to prntcct asvgwnis uml mrpruvenents The Apptuant acknowledges that he she has beim a{lornu'I that the driveway is in a High Hozard'Red A ru/anrhe zone and that the driornan shall stir he utilized for act'ess from December I to d prtl 3(1 eat h year . 4 With the building permit application for the r estdeuce,the Applicant thalf A Provide proof of an adequate water supph in tel of quantity and at ailabiiity 1 for domestic and fire potection purpose.and for ii rigation purposes. if applicable R. Su bin it a drainage and ci onion control plan for review and apps oval by the Planning Imgmeer All historic and natural drainage paterns shall be maintained. Stormwatet shad be detained smite and allow ntfilti atian of runoff pr for to discharge. C. Submit a constt uction management plan for ret tea and approt al by the Planning Engineer. I) Complete a fireplace/NA oudclove permit from the Community Development Department. F Submit a detailed revcgetation plait for disturbed areas with appropi late seed mixes. P. Submit a lige mitigation plan if any trees with larger than C DQEI are to he removed. {i Submit a lighting plan IL Submit an on-sire wasteµatei ti eat meat system permit to Emu on mu enta Health The permit shall demonstrate how the Soil 'It eatment Area w ill be protected ft om vehicles on the driveway. 5. Prior to issuance of a building permit appI cat Ion. the Applicant shall pas the applicable road and employee housing Impact fees. 6 Prior to final in Tedious for the new res.dence,the Applicant shall complete rim at alanche and debris flow mitigation and submit a report to the C'omm1111t> Det elopntent I tepmtwent that outlines the adequacy of ad hazard mil igation measures. i he report shall be stamped and signed by a licemed engineer in the State of Colorado. 7. Prior to commencement of any earthmo3 mg or construction activity, the Applicant shall stake the corners of the aztn itt envelope and install construction fencing around the perimeter of the envelope The fencing shall remain in place until a Certificate of Occupancy is issued for the residence S. I he parcel is exempt from growth management up to 1.000 square feet plus additional floor area as allowed in the Rural/Remote zone district pw scant to the(:ode. Resolution NoO& -2019 Page 4 9 The driy ew a5 shall not he maintained during the wurter. The driveway skill not he utilized from December I to April 30 of each year to avoid the ;nalanche Red Zone along the drnew ay. The Applicant shall place a sign at the end of the din OA ay stating that the driy ew a} shall not he used to access the property during those dates. [he Cabin shall be accessed during that time from the switchback on Midnight Mine Road du ecth to the eabm 10 No development, including well. on-site wastewater treatment system, grading,excavation, fill placement, benning, landscaping, entry or ranch gates, and vegetation remoy al or disturbance shall occur outside of the appro ed Achy ity Envelope, except as requned for wildfire mitigation 11 The Applicant shall comply with the follow mg measures to mitigate impacts to wildlife' A Native vegetation shall be maintained outside of the activity envelope B. Provide waste storage that complies with the County Code regarding bear-proof containers. C. Avoid fruit-bearing trees and shrubs in any landscaping D Construction workers shall be prohibited from bringing dogs on-site during construction h All outside doors shall utilize only solid round handled door knobs unless another type is iequired by the applicable budding code for disabled accessibility purposes F Bud feeders, including huntmmgbud feeders. shall he hung away from any deck or w endow.and shall be at least 10' hoot the ground suspended between trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. G Fencing shall comply with the fencing regulations in the Land Ilse Code regarding wildlife friendly fencing requirements 12 The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District. 13 The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A Defensible Space The area around all buildings/structures, Innued by property boundaries that may limit a property owner's ability to comply with this section, shall mcorpoi ate landscaping \uth w ddfire defensible space considerations as follows(note. actual y egetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions) I) Brush. debris, and non-ornamental w egetation shall he removed within a mmnnum 10 foot perimeter around the structure 2) Vegetation shall he reduced to bleak up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the sty uctur e. 3) Spacing between clumps of brush and vegetation w ithin the 30 foot perimeters shall he a in inuuum of two times the height of the fuel h laxinmm diameter of the clumps shall not exceed 10 feet All measurements shall he from the edges of the crowns of the fuel 4 1 All branches from trees and brush yy'thin the 30 foot perimeter shall he pruned to a height of 10 feet above the ground and ladder fuels from wound trees and brush shall be removed. 5) Tree crown separation yy tthat the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns 6) All branches which extend mer the root caves shall he trimmed and all branches within 15 feet of the chimneys shall he i envoy ed Rcarrv(rtw R11.06 2111V Pc; 5 71 The density of fuels wttli in a 100 foot perimeter of the structures shall he reduced 8) A;1 deaditali up to a 100 thot perimeter shall be remod ed. 9) No new con dei bees shall he planted within 10 Net of a residence. try No flammable mulches shall be placed w ithtn mo feet of a residence 1 I) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements H. Roofing Materials. Roofs shall he constructed with a Class A roof covering or a Class 4 assembly as defined in the building code Wood shake/.shingle roof CON erings are pi ohihited. Roofs with less than a 3.12 pitch are not permitted unless the comply with the following, I) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall hale a surface that shall facilitate the natural process of c learine the roof 3) All roof designs shall facditate the natural process of clearing debt is Protrusions above the rootline,such as parapets, shall he prohibited. 4) Roofs shall be installed as required by the appnned building code and shall have a nun nmol slope of 48 5) All i oof designs, cos erings or equivalent assemblies shall be specifically appros ed by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting 1) Soffit senting shall be located in the outer :'3rd portion of the overhang. 2) Attic, soffit and other toot eating shall he of non-corrosive inetal mesh w ith nlaximur 'r openings U. Projections at the Roofline, Including Soffits, Rafter, Porch or Deck Roofs. Fascias,of Other: I) Sheath with non-combustible materials-or 2) Comhustihlc materials underlain with 58"Type X gyphoard or equal, or 3) Minimum 486 rafters with 2x TRG decking I Decks. I)eckm4, Cantilevered Floors, or Other Pr oteeuens Below the Roofline Muumuu 6x6 posts-6x10 beams. 3x8 Joists. 3x decking,and 2x railings,or equivalent log ca+nsh uenon, F. Additional wildfires mitigation standards' Root Gents shall be screened with eoro siNet resistant wire mesh with mesh A inch maximum. 2) Roofs and gutters shall he kepi clear of debris. 3) Y ards shall he kept:near of all late:,slash.and flammable debris. 4) All flammable materials and thew and/wnod piles shall be stored on a parallel contour a minimum ul IS feet away from ang sit nature. 5) Sw Miming pools or ponds shall be accessible to 1 ire Department c eh ides. if required 6) Fences shall he kept clear of brush and debt is, 7) Wood fences shall not connect to the structure 8) Fuel tanks'hail be installed undeiground with an appros ed contanct, 9) Propane tanks shall he installed according to NFPA 48 standards and on a contour away from the sit acture with standard defensible space vegetation nnneation around aav above-ground Roalutinn No UI3-_'i'iV Page 6 tank. Any wood enclosure around the tank shall he constructed w ith materials approved for 2 how tire-resistive construction on the extei ioi side of the wal Is 10) Each structure shall have a minimum of one 10 pound appro\ed ABC fire extinguisher placed in a visible and accessible location II) Addresses shall be clearly marked w ith 2 itch non-combustible letters and shall be visible and installed on a non-combustible post 12) New utility lines shall be buried within the drn ew a� 14. All areas disturbed by construction shall be rev egetated w ith native sin ubs and grasses within one growing season of the project's completion 15. The Applicant shall comply with the County's Noxious Weed Management Plan. 16 No calculations for height, bulk, setbacks.size, float atea. 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 ma' not be permitted under building and zoning regulations 17. Failure to comply w nth the conditions of this appro\al ma' result in revocation of this approval, or any subsequent permn(s)or approval(s) 'elated to this piopert>, or vested rights associated with this property 18. Statutory vested ights foi the appi a'al contained herein are granted pursuant to the Pitkin County Land Use Code and C ado Statutes, subject to the exceptions set forth in Pitkin County Land l Ise Code, § 4-140 and C.R S . § 24-68-105. The statutmn vested i ights granted herein shall expire on FIJ9r v¢.1 X3 . 2022 Resolution No 013-1010 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 1 1"'day of October,2018 APPROVED AND ADOPTED on the 13111 day of February, 2019 PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 'the TAY day of I Bay 2019 BOARD OF COON I Y COMMISSIONERS, PITKIN COON I};�COLORADO B) Efee Poschman, Chair ATTEST i Jean 1 e Jones,Clerk to the BOCC APPROVED AS TO CONTENT ' I APPRO n AS I FORM a 11 anti Cin ouben rit4tH44 I?-‘ , J pt.j 1 aTh Community De\e10PIneIlI Director County Attorney Case 4P063-18 ND#273525200035