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DOC CODE: RESOLUTION
Pg 1 of 9,04/08/2019 at 11:18:38 AM
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS("BOCC") OF PITKIN
COUNTY,COLORADO GRANTING APPROVAL TO WILLOUGHBY PONDS TRUST FOR A
MINOR AMENDMENT TO A DEVELOPMENT PERMIT, SUBDIVISION EXEMPTION FOR A
LOT LINE ADJUSTMENT AND MINOR PLAT AMENDMENT,AND ACTIVITY ENVELOPE
AND SITE PLAN REVIEW LOT 3,4,5, 6,AND 7,WILLOUGHBY PONDS SUBDIVISION
Resolution No.0(?-2019
RECITALS
1. Pursuant to Section 2.8.4(Actions)of the Pitkin County Home Rule Charter("HRC"), all matters not
required to be acted upon by ordinance or formal resolution may be acted upon by informal
resolution.
2. Willoughby Ponds Trust("Applicant")has applied to the Pitkin County Board of County
Commissioners("BOCC")for approval of the following:
Combine Lot 6 and Lot 7 ofthe Willoughby Ponds Subdivision into a single lot;
Realign the subdivision access road;
Adjust lot lines on Lots 3,4,5 and 6 and adjust the platted building envelopes accordingly;
Amend Resolution No.93-94 defining allowed floor area on each lot to align them with allowed
floor area in the R-30 zone district based on the amended lot sizes;
Exchange 2,977 square feet of subdivision open space area with an abutting 2,977 square feet of new
open space area;and
Obtain Activity and Site Plan Review approval to relocate an existing 1,644 square foot accessory
structure and to construct an approximately 9,431 gross square foot single-family residence with
ground and roof mounted solar panels on Lot 6.
3. The proposed Subdivision Exemption for a Lot Line Adjustment and Minor Plat Amendment specifically
includes the following:
The merger of Lot 7,Willoughby Ponds Subdivision(3.207 acres)with Lot 6, Willoughby Ponds
Subdivision(1.366 acres). The resulting amended Lot 6 will contain 5.223 acres;
The elimination ofLot 7 from the Willoughby Ponds Subdivision and the elimination ofthe
associated development right;
The realignment of the subdivision road;
The adjustment ofthe lot lines between Lots 6, 5, 4, and 3. The platted building envelopes will
adjust accordingly.
The establishment of a 30' wide driveway easement across Lot 6 to access Lot 3.
The establishment of a 30' wide driveway easement across Lot 5 to access Lot 4.
The exchanging of 2,977 square feet between the open space area and a non-open space area
resulting in a no-net loss of open space area to accommodate relocation ofthe accessory structure.
Contract No. 180-2022 and 181-2022
Attached
Resolution No.al-2019
Page 2
4. The subject lots are described as Lots 3,4, 5,6,and 7,Willoughby Ponds Subdivision as recorded in
Plat Book 32 at Page 35. The parcel identification numbers are 273707206003,273707206004,
273707206005, 273707206006, and 273707206007 respectively.
5. The subject lots are located in the R-30 zone district within the Urban Growth Boundary("UGB")and
are conforming in size.
6. In 1985,the approximately 16.27 acre property was granted General Submission approval to subdivide
the property into 8 lots pursuant to BOCC Resolution No. 85-141.Detailed Submission was subsequently
approved pursuant to BOCC Resolution Nos. 87-31 and 88-78. The Final Plat was recorded in Plat Book
21 at Page 7.An Insubstantial Change to the Recorded Plat was approved pursuant to PZ Resolution No.
91-03. In 1993,pursuant to Resolution No.93-94,a Subdivision Plat Amendment was approved to
reconfigure the access road,and some of the lots and the associated building envelopes. In 1991 the
Final Plat was amended in Plat Book 26 at Page 21 and Plat Book 32 at Page 35 eliminating Lot 8 from
the subdivision.
7. The Willoughby Ponds Subdivision Protective Covenants were first recorded in Book 569 at Page 670
and subsequently amended in Book 644 at Page 678 and Book 720 at Page 922. The Subdivision
Improvements Agreement recorded in Book 569 at Page 721 was amended in 1991 in Book 644 at Page
657,and again in 1993 as recorded in Book 720 at Page 951.
8. The application was referred to City of Aspen Water Department,Aspen Consolidated Sanitation
District,Pitkin County Open Space and Trails,Pitkin County Attorney,and Pitkin County Planning
Engineer. Comments were received from the Pitkin County Planning Engineer and are incorporated into
the following conditions of approval.
9. The BOCC considered this application at a duly noticed public hearing on December 5,2018,at which
time evidence and testimony were presented with respect to the application.
10. The BOCC finds that the application for an Activity Envelope and Site Plan on Amended Lot 6 is
consistent with the applicable provisions of the Pitkin County Land Use Code as follows:
A. The Activity Envelope primarily contains slopes less than 30%. Small areas containing slopes in
excess of 30%are a result of the development ofthe subdivision road and qualify as minor slope
anomalies pursuant to Land Use Code Sec. 7-20-20(c)(3)
B. The applicant has engaged Colorado Wildlife Science LLC and a certified arborist from Aspen Tree
Service to assess the general ecology and the condition ofthe trees on the western side ofthe lot.
The general recommendation ofthe studies is a multi-year process of selective removal to encourage
natural healthy regeneration. The Applicant has agreed to comply with Sec. 7-20-130 and will obtain
the necessary permits for future tree removals.
C. The wildfire hazard is mapped as low. The Applicant will comply with the Code standards for
development in a low wildfire hazard area.
D. The lot is not mapped within any significant wildlife habitat.The applicant will comply with the
general wildlife criteria in Sec. 7-20-70.
E. The property is within the scenic view protection area("SVPA") as seen from State Highway
82. Due to distance, existing vegetation, and topography, development on Lot 6 will unlikely be
visible from State Highway 82. The Applicant has committed to utilizing indigenous earth tone
materials or colors on exterior surfaces and constructing roofs with a non-reflective composition.
The residence is a predominately a single-story and will not project above a ridgeline.
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Resolution No.6( -2019
Page 3
F. The proposed solar energy collectors will comply with Sec. 4-30-50(i)of the Code. The roof-
mounted solar energy collectors will not exceed six feet above the height limit of the roof
measured to the top of the panel, and will maintain the required 3' setback from roof edges. The
ground-mounted solar energy collectors and other ancillary development(racking assembly,
balancing system, utility boxes, etc.)will have a"matte"finish or be ofa non-reflective
material/color, and will not exceed twelve(12)feet in height. The collectors will be used for on-
site purposes.
11. The BOCC further fmds the Minor Plat Amendment does not affect compliance with the standards of
the Land Use Code and is consistent with the original subdivision approvals.
12. The BOCC further finds the Minor Amendment to a Development Permit to amend the floor areas
listed in Resolution No. 93-94 is consistent with actions taken during previous development
approvals; does not change the use or basic character of the subdivision; does not constitute a new
land development activity;will not increase off-site impacts; does not endanger the public health,
safety or welfare or violate any standard of the Land Use Code; will not increase the need for parking,
utilities or affordable housing; and will not increase the total floor area or decrease the open space.
13. The BOCC further finds that the Applicant has voluntarily committed to limiting the allowed floor
area and floor area exempt from GMQS on amended Lot 6 to 12,500 square feet.
14. The BOCC further finds the lots are within a Board of County Commissioners approved subdivision.
Pursuant to Sec. 1-70-20, any County approved subdivision in the Urban Growth Boundary Area
approved prior to the 5th of July 2006 which specified floor area allowed in the development permit
shall be permitted to develop as originally approved exempt from growth management. The vesting of
Resolution No. 93-94 has expired and therefore the maximum allowed gross floor area on each of the
lots is 15,000 square feet and growth management allocations or TDRs are required on certain lots to
develop in excess of the allowed floor area and up to the gross floor area.
15. The BOCC further 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 ofCounty Commissioners of Pitkin County,
Colorado that it does hereby approve the Willoughby Ponds Trust Minor Amendment to a Development
Permit, Subdivision Exemption for a Lot Lone Adjustment and Minor Plat Amendment,and Activity
Envelope and Site Plan Review; and authorizes the Chair to sign on behalf of the County.
BE IT FURTHER RESOLVED by the BOCC that this approval is 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 current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2.Prior to submission of any building permit applications,the Applicant shall submit an amended plat
to the Community Development Department for approval and recording.The mylar copy ofthe plat
must be signed by the owners prior to submittal for recording. The amended plat shall be amended
as follows, prior to recordation:
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Resolution No.A-2019
Page 4
A. Depict the amended Northern Open Space Area exchanging 2,997 square feet of new
open space with the 2,997 square foot area proposed to accommodate the barn.
B. Depict the restricted height areas on Lots 4 and 5 which shall be consistent with the
restricted height areas shown in Plat Book 32 at Page 35.
C. Remove the"Optional Ponds."
D. Depict and note all access easements.
E. Include a purpose statement below the title.
3.Prior to submission of any future building permit applications for Lot 6,the Applicant shall be
required to submit for approval by the County Attorney and Community Development an
Activity Envelope and Site Plan for Lot 6 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. The Activity Envelope and Site Plan shall be amended
as follows,prior to recordation:
A. Depict the landscaping plan as presented and agreed to during the BOCC meeting.
B. Depict the Restricted Planting Area as presented and agreed to during the BOCC
meeting.
4.The Restricted Planting Area is outside of the approved Activity Envelope on amended Lot 6. If
landscaping is proposed within the Restricted Planting Area in the future,the owner of Lot 6 shall
mail notice of the plan to the owner on record of 109 Willoughby Way(Lot 1, Tract 1 Troyer-
Trousdale Subdivision, Parcel No. 273707214001)prior to obtaining any necessary approvals or
permits for the work. The Applicant has committed that any future landscaping within the
Restricted Planting Area shall not exceed 25' in height.
5.As a result ofmerging of Lot 6 and 7,the adjustment ofthe lot lines on Lots 3,4, 5, and 6,and
pursuant to Sec. 1-70-20,the allowed floor area exempt from GMQS and the allowed gross floor
area after GMQS allocation and/or TDR purchase shall be as follows for each lot:
Lot AllowedFloor Area Allowed Gross Floor Area After GMQS
Exemptfrom GMQS Allocation and/or TDR Purchase
1 12,455 squarefeet 15,000 squarefeet
2 12,396 square feet 15,000 squarefeet
3 15,000 squarefeet 15,000 squarefeet
4 6,981 squarefeet 11,731 squarefeet
5 6,309 squarefeet 11,059 squarefeet
6 12,500 square feet 12,500 squarefeet
6.With the building permit application for the residence on Amended Lot 6,the Applicant shall:
A. Submit a copy ofthis recorded Resolution with the associated,recorded Amended
Willoughby Ponds Subdivision Plat,and the recorded Activity Envelope and Site Plan for
Lot 6.
B. Obtain an address number from Pitkin County Addressing
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Resolution No. Cq -2019
Page 5
C. Submit a final water utility plan to be reviewed by the City of Aspen Water and
Engineering Department demonstrating that established easements will be maintained
and the proposed development will not impact the ability to install a future water main
loop. If City ofAspen Water will be utilized, submit receipts from the City of Aspen
Water Department for fees paid for development review and fixture count,or
confirmation from the City of Aspen Water Department that a review has been done and
no fees are due.
D. Submit receipts from the Aspen Consolidated Sanitation District for fees paid, or
confirmation from the Aspen Consolidated Sanitation District that a review has been
done and no fees are due.
E. Pay the applicable road and employee housing impact fees.
F.Submit a fireplace/woodstove permit to the Community Development Department, if
applicable.
G. Submit a drainage and erosion control plan and an accompanying drainage report
demonstrating that historical flow patterns and runoff amounts will be maintained. If the
total development disturbs one acre or more,a Colorado Department of Public Health and
Environment permit for Stormwater discharges associated with construction activities shall
be applied for and obtained prior to issuance of a building permit.
H. Provide adequate engineering for any retaining walls over four(4)feet in height and/or
any improvements to walls over four(4) feet in height. All retaining walls shall be a
maximum of seven(7)feet tall.
I.Submit the applicable building permit(s)for review and approval to relocate the accessory
structure.
J.Submit an Access Permit for review and approval to realign the subdivision road and to
construct a driveway on Lot 6. The permit application shall include:
1.Demonstration of adequate emergency access to the residence located on Lot 3
during the realignment of the road;
2.Demonstration of adequate engineering of the driveway;
3.A section and profile drawing ofthe driveway;
4.Compliance with Fire Department requirements;
5.Details on all turn-arounds and parking locations.
K. Submit a detailed Landscape/Re-vegetation Plan with appropriate native plant materials.
L.Submit a tree removal and associated mitigation plan if any trees larger than 6"DBH are to
be removed.
M. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets.
N. Submit representation ofthe exterior indigenous earth tone materials or colors.
7.The Applicant shall comply with all standards for development within Scenic View Protection
Areas as represented in the application and approved in this Decision. The exterior of the
residence 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.
8.Roof-mounted solar energy collectors shall comply with Sec. 4-30-50(i)ofthe Code including
but not limited to maintaining a 3 foot setback from roof edges,not exceeding four feet above the
height limit ofthe roof measured to the top ofthe panel, and shall be used for on-site purposes.
5
Resolution No.O0-2019
Page 6
9.The Ground-mounted solar energy collectors and other ancillary development(racking assembly,
balancing system, utility boxes, etc.) shall have a"matte" finish or be of a non-reflective
material/color. Equipment that is painted shall be maintained. The collectors shall not exceed
twelve(12)feet in height unless Special Review approval is granted and shall be used for on-site
purposes only.
10. The Applicant shall comply with the following standards for Development in a Low Wildfire
Hazard Area:
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. Brush,debris,and non-ornamental vegetation shall be removed within a minimum 10-
foot perimeter around the structure.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe
fuels for a minimum of a 30-foot perimeter around the structure.
3. Spacing between clumps of brush and vegetation within the 30-foot perimeters shall be
a minimum oftwo times the height ofthe fuel. Maximum diameter of the clumps shall
not exceed 10 feet. All measurements shall be from the edges ofthe crowns of the fuel.
4. All branches from trees and brush within the 30-foot perimeter shall be pruned to a
height of 10 feet above the ground and ladder fuels from around trees and brush shall be
removed.
5. Tree crown separation within the thirty(30)foot perimeters shall have a minimum of
ten(10)feet between the edges of the crowns, except for mature stands of aspen trees
where ladder fuels have been removed. In areas of aspen regeneration, understory
shrubs and down and dead materials shall be removed
6. All branches that extend over the roof eaves shall be trimmed and all branches within 15
feet ofthe chimneys shall be removed.
7. The density of fuels within a 100-foot perimeter of the structures shall be reduced.
8. All deadfall up to a 100-foot perimeter shall be removed.
9. No new conifer trees shall be planted within 10 feet ofa residence.
10. No flammable mulches shall be placed within two feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently
adopted Building Code. No wood shakes or shingles. All other adopted Building Code
compliant methods and materials permitted. 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 roof debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited unless approved
by the Aspen Fire Department at the time of building permit.
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Resolution No.t1 -2019
Page 7
4. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch 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.
C. Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh,with mesh one-
fourth(1/4)inch maximum.
3. Any outbuilding shall adhere to these same wildfire requirements.
4. Yards shall be kept clear of all litter, slash and flammable debris.
5. All flammable materials shall be stored on a parallel contour a minimum of fifteen
15)feet away from any structure.
6. Weeds and grasses within the ten(10)foot perimeter shall be maintained to a height
not more than six(6)inches.
7. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen(15)
feet away from the structure.
8. Swimming pools and ponds shall be accessible by the local fire district.
9. Fences shall be kept clear of brush and debris.
10. Wood fences shall not connect to other structures.
11. Fuel tanks shall be installed underground with an approved container.
12. Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible space
vegetation mitigation around any aboveground tank. Any wood enclosure around the
tank shall be constructed with materials approved for two(2)hour fire-resistive
construction on the exterior side ofthe walls.
13. Each structure shall have a minimum of one ten(10)pound ABC fire extinguisher.
14. Addresses shall be clearly marked with four(4) 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 post.
15. Utilities shall be extended underground.
11. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access,turning around of fire apparatus,and installation of an
approved fire sprinkler system.
12. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside ofthe activity envelope.
B. Contractors shall be prohibited from bringing their dogs on-site.
C. Fruit bearing trees or shrubs palatable to bears shall be avoided within the Activity
Envelope for the residence.
D. Trash/garbage shall be kept in an approved bear resistant container or enclosure as
required by the County's Wildlife Protection Ordinance.
E. Outside doors shall utilize only solid round handled doorknobs unless another type is
required by the applicable building code for disabled accessibility purposes,or is approved
by Colorado Parks and Wildlife as bear-proof
F.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
7
Resolution No. (q-2019
Page 8
feeders shall include a seed catchment pan to catch discarded seeds. Bird feeders should be
removed from April through November.
13. The Applicant shall comply with the County's Noxious Weed Management Plan.
14. All plants used for landscaping and revegetation shall be native species. 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.
15. No development including grading,excavation,fill placement,berming, landscaping,vegetation
removal or disturbance, shall occur outside of the approved activity envelope, except as necessary
to comply with the wildfire and noxious weed mitigation measures.
16. 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 ofthe activity envelope. The fencing shall remain in place until issuance
of a Certificate of Occupancy.
17. 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 ofberms 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.
18. 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.
19. Failure to comply with the conditions ofthis 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.
20. Statutory vested rights for the Amended Lot 6 Activity Envelope and Site Plan approvals
referenced 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
2022.
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Resolution No.QCQ-2019
Page 9
NOTI4E OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the l dday
of 9. ': , 2019.
APPROVED this day of (2V14,U 2019.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the / -day of kr j ,2019.
BOARD OF COUNTY COMMISISONERS
OF PITKIN COUNTY,COLORADO
EST: By C'eetf/21/‘"
J
Patti Clapper,Chair
j ? /4' , ? I Date 0q' 0S 'do'?
II i
JelInette Jones,Clerk tithe BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
OA:51142FL(-it-
John Ely,,.. -Cindy ouben,
Coiynt 1Att Community Development Director
P061-18
PID#273707206007, 273707206005, 273707206006,273707206004,273707206003
9
Contract No. 180-2022
Contract No. 181-2022