HomeMy WebLinkAboutbocc.res.053.2012RECEPTION#: 682854, R: $0.00, D: $0.00, 11/22/2021 at 02:30:07 PM, P s 1g of 7, Janice K. Vos Caudill, Pitkin County, CO
RECEPTION#: 589614, 06/06/2012 at
03:58:13 PM,
1 OF 7, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
to 053-2012
RESOi.0 i ivrr yr i nt nvAnli jr vuiti i Y t,viviivilSSIONERS OF PITKIN COUNTY,
COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING
FOR ASPEN BEAVER POND LLC
Resolution No .05.,3-281-1 0 53 - 2 012
RECITALS
1. Aspen Beaver Pond LLC ("Applicant") applied to the Community Development Director ("Director")
for Activity Envelope and Site Plan Review approval to construct a single family residence. The
proposed activity envelopes and site plan are the same as previously approved.
2. The property is located at 43251 Highway 82, and is more specifically described as Exhibit A.
3. The parcel is zoned AR-10 and contains approximately 3.3 acres.
4. The Hearing Officer granted 1041 hazard review approval, pursuant to Determination No. 30-2004.
The Community Development Director approved two amendments to the approval and granted
Scenic View Protection approval, pursuant to Administrative Decision Nos. 103-2006, 101-2007 and
102-2008. The amended site plan was recorded in Plat Book 89 at Page 2. The Applicant submitted
a building permit before the vested rights expired in 2007, but the permit expired because work did
not commence.
5. The Community Development Director ("Director") denied the application for Activity Envelope and
Site Plan Review, pursuant to Administrative Decision No. 07-2012. The Director found that the entire
o parcel is within a rockfall hazard area, where development is prohibited by Sec. 7-20-50(c) of the
Land Use Code ("Code").
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voi 6. The Applicant submitted a request for a takings determination pursuant to Sec. 2-40-150 of the Code
ato determine whether the Director's denial of the application constitutes a taking of private property
u without just compensation.
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7. The BOCC considered the takings request at a regular meeting on April 11, 2012, at which time
further evidence and testimony were presented with respect to the taking.
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8. The BOCC determined that a taking had occurred pursuant to Sec. 2-40-150(d) of the Code, based on
the following findings:
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o A. There is no area on the parcel that avoids the rockfall hazard.
B. The rockfall hazard can be mitigated by construction of a rockfall barrier that has been designed
aa) by a qualified professional engineer.
C. The denial constitutes a taking of all reasonable use and economic return on the property.
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aa) 9. The BOCC further finds that the request complies with the applicable provisions of the Land Use
Code ("Code") as follows:
A. The wildfire hazard is mapped as low, and can be mitigated pursuant to the provisions of Sec. 7-20-
60(c) of the Code.
B. The activity envelopes primarily contain slopes of less than 30%. Slopes in excess of 30%
within Activity Envelopes #1, 3 and 4 are anomalies in an otherwise continuous slope of less
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than 30%. The Code permits development in these areas of slopes in excess of 30%, pursuant to
Sec. 70-20-20(c)(3). Activity Envelope #2 contains slopes in excess of 45%; however, this
envelope will only accommodate soil nails below the surface; no surface development will occur
within this envelope.
C. The parcel is within a mapped elk migration corridor; impacts on wildlife can be mitigated.
D. The ponds, ditch and water features on the property are man-made, therefore, a setback is not
required.
E. The activity envelopes avoid the red and blue avalanche hazard zones and the alluvial fan to the
southeast.
F. The parcel is within the mapped Scenic View Protection Area. The proposed residence complies
with the provisions of Sec. 7-20-120(d) of the Code as it is not located on the most visible
portion of the site as seen from Highway 82; is sited as far as practical from the highway and
does not project above a ridgeline; the bulk and mass of the residence has been broken up into a
series of smaller forms and rooflines are staggered; and the residence will be screened with the
existing and additional trees and vegetation.
10. The BOCC considered the remediation at a regular meeting on May 9, 2012, at which time the
conditions of approval for the remediation were accepted.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Aspen Beaver
Pond LLC Activity Envelope and Site Plan Review constitutes a taking pursuant to Sec. 2-40-150 of the
Pitkin County Land Use Code.
BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by
granting approval, subject to the following conditions, which shall run with the land and be binding on all
successors in interest:
1. 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 Applicant shall comply with all standards for development within Scenic View Protection Areas
as represented in the application and approved in this Determination. The exterior of the structures
shall utilize indigenous earth tone materials or colors and the roofs shall have a non -reflective color
or composition. Reflective roof materials shall not be used unless the materials are treated prior to
installation to eliminate reflectivity, with the exception of materials associated with solar or
photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the
lighting code.
3. Prior to submission of any future building permit applications for the residence, the Applicant shall
be required to submit for approval by the County Attorney and Community Development a Site Plan
in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The
above referenced approvals shall be a condition precedent to finalization and recordation of them.
The Site Plan shall be amended to identify the fencing allowed pursuant to Condition #10H below.
4. The parcel is exempt from Growth Management for up to 5,750 square feet of floor area.
5. Prior to issuance of a building permit for a single family residence, the Applicant shall:
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A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
B. Obtain an on -site wastewater treatment system permit from the Environmental Health and Natural
Resources Department.
C. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable.
D. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the total
development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State
Stormwater Permit. All historic and natural drainage patterns shall be maintained.
E. Obtain a driveway/access permit, which shall be approved by Planning/Zoning and the Aspen Fire
Marshal.
F. The retaining walls adjacent to the driveway shall be engineered, and the plans shall be reviewed
and approved by Planning/Zoning.
G. The soil nail plans shall be signed and stamped by a Colorado Registered Professional Engineer,
and shall be reviewed and approved by Planning/Zoning. No development shall occur on the
surface of the soil nail activity envelopes.
H. Obtain a CDOT access permit.
I. Pay the applicable road and housing impact fees.
J. Submit a construction management plan for review and approval by Planning/Zoning.
K. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
L. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed.
M. Submit a detailed landscaping plan.
N. Submit a detailed exterior lighting plan.
6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the activity envelopes and install construction fencing around the perimeter of the
envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the
residence.
7. The Applicant shall submit an earthmoving permit for any improvements to the pond and water
features, for review and approval by Planning/Zoning. Verification of adequate water rights shall be
provided. If the pond is to be stocked with fish, the Applicant shall obtain a private lake license and
stocking permit from the DOW. The pond can only be stocked with certified whirling disease free fish.
8. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Areas
disturbed by construction shall be re -vegetated within one growing season of the project's
completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for
the residence.
9. Existing vegetation that screens the residence from the highway shall be preserved.
10. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch
gates, construction parking and staging, vegetation removal or disturbance, well or septic system, shall
occur outside of the approved activity envelopes, except to comply with the required wildfire
mitigation. Utility and driveway extension and maintenance shall occur within the approved activity
envelopes.
11. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelopes.
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B. Provide waste storage that* complies with the County Code regarding bear -proof containers.
C. Dogs shall be kenneled within 50' of the residential buildings or leashed under human supervision
when outside a required kennel.
D. Avoid fruit -bearing trees and shrubs in any landscaping.
E. Construction workers shall be prohibited from bringing dogs on -site during construction.
F. During construction, a Wildlife Proof Refuse Container shall be provided on -site, and shall
receive all refuse edible by wildlife.
G. All outside doors shall utilize only solid round handled door knobs unless another type is required
by the applicable building code for disabled accessibility purposes.
H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds.
I. Fencing outside of the activity envelope is prohibited, except for fencing identified on the Site
Plan. This fencing shall be parallel to Highway 82, have not more than two (2) rails, be wildlife
friendly, and shall not extend any further than 40' from each side of the driveway.
12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access, adequate area for turning around of fire equipment,
installation of an approved fire sprinkler system and provision of an adequate water supply (20,000
gallons) for firefighting.
13. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) Within 30' of all structures, all upland brush species (oak, serviceberry, chokecherry,
sagebrush, etc.) shall be removed and remaining stumps shall be painted with Garlon herbicide
to prevent resprouting. Wetland species (willow, birch, alder) may remain, unless within 15' of
a window.
2) Within 30' of all structures, remaining trees and brush shall be thinned so that a minimum of
10' spacing shall exist between tree crowns, except for aspen or cottonwood trees where ladder
fuels have been removed.
3) All other vegetation shall be kept to less than 1' in height within 30' of all structures.
4) All branches from trees and brush within 30' of all structures shall be pruned to a height of 10'
above the ground with removal of ladder fuels from around trees and brush.
5) All deadfall within 50' of all structures shall be removed.
6) Installed or native landscaping within 20' of the residence shall not contain any brushy or
coniferous species. Aspen trees may be planted, but not within 10' of the residence and shall
be kept limbed to 10'.
7) The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
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Resolution No.00 -2012
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D. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly
as defined in the building code. Wood shake/shingle roof coverings are prohibited. Roofs with
less than a 3:12 pitch are not permitted unless they comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the
roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the approved building code and shall have a minimum
slope of 1:48.
5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
E. Additional wildfire mitigation standards:
1) Roof vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum.
2) Roofs and gutters shall be kept clear of debris.
3) Yards shall be kept clear of all litter, slash, and flammable debris.
4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
5) Swimming pools or ponds shall be accessible to Fire Department vehicles, if required.
6) Fences shall be kept clear of brush and debris.
7) Wood fences shall not connect to the structure.
8) Fuel tanks shall be installed underground with an approved container.
9) Propane tanks shall be installed according to NFPA 48 standards and on a contour away from
the structure with standard defensible space vegetation mitigation around any above -ground
tank. Any wood enclosure around the tank shall be constructed with materials approved for 2
hour fire -resistive construction on the exterior side of the walls.
10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed
in a visible and accessible location.
11) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
12) New utility lines shall be buried within the driveway.
14. All areas disturbed by construction shall be revegetated with native shrubs 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 structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the parcel, 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.
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17. 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 might 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(s) related to this property, or vested rights associated with this
property.
19. 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
C e, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
ay 94-6 , 2015.
APPROVED AND ADOPTED on the 9th day of May, 2012.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the / day of c jOt.t , 2012.
ST:
tte Jones, Clerk �: the BOCC
APPROVED AS TO ONTENT:
indy Houben
Community Development Director
P053-10
PID #273720100005
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
Michael M. Owsley, Chairman
APPROVED AS TO FORM:
John F,Jy- -
rCittorney
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kl ipi 1 !\"
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
ASPEN BEAVER POND, LLC, A FLORIDA LIMITED LIABILITY COMPANY is the owner in fee simple of
the following described property:
A Tract of land situated in Section.20, Township 10 South, Range 84 West of the Sixth Principal Meridian,
more particularly described as follows:
Beginning at the North Quarter Corner of said Section 20, Township 10 South, Range 84 West of the.6th
P.M.,
thence N -89°34'30" E 300.00 feet;
thence S 38°07'10"'E 314.00 feet;
thence S 89°34'30" W 516.00 feet to the Easterly right of way line of State Highway No. 82;
thence the following courses and distances along said right of way line:
N 52°58' W 256.02 feet
132.49 feet along the arc of a curve to the right having a radius of 533.00 feet (the chord of which bears N
45°50'44" W 132.15 feet);
thence departing said right of way line N 89°34'30" E 321.36 feet to the point of beginning.
Being Parcels 1 and 2, Smith Exemption Plat, recorded December 28, 1984 in Plat Book 16 at Page 81
County of Pitkin, State of Colorado
ADDRESS ACCORDING TO THE. PITKIN COUNTY ASSESSOR'S OFFICE:
43251 Highway 82, Aspen, CO 81611
ENCUMBRANCES:
Deed of Trust from : ASPEN BEAVER POND, LLC, AFLORIDA LIMITED LIABILITY COMPANY and MATTAWAY
LIMITED, A FLORIDA LIMITED PARTNERSHIP
To the Public Trustee of the County of PITKIN
For the use of : GIBRALTAR PRIVATE BANK & TRUST COMPANY
Original Amount : $1,750,000.00
Dated : June 24, 2009
Recorded : June 25, 2009
Reception No. : 560245
This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only.
PITKIN COUNTY TITLE, INC.
BY:
authorized signature
CERTIFIED TO: June 4, 2010 at 8:00 A.M.
Job No..ACCOM2525