HomeMy WebLinkAboutbocc.res.145.2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY COLORADO GRANTING THE APPEAL TO WENDY
URSCHEL LONG AND MODIFYING THE PREVIOUS APPROVAL OF
CASTLE CREEK INVESTORS 1041 HAZARD REVIEW AND SPECIAL
REVIEW FOR AGGREGATION OF THE TDRs ON THE ENOUGH CLAIM,
BOCC RESOLUTION #17-2000
RESOLUTION#114.1�- 2000
RECITALS
1. On March 1, 2000, Wendy Urschel Long ("Long") filed a formal appeal
pursuant to Section 4-160 of the Pitkin County Land Use code in connection with a
development order issued by the Board of County Commissioners ('BOCC").
2. The appeal concerns BOCC Resolution 17-2000, approved February 9,
2000, which grants Castle Creek Investors ("CCI") 1041 hazard review and special
review for aggregation of TDRs on the Enough Claim, specifically, that portion of
condition#19 of the approval which provides as follows:
The three TDRs proposed for transfer must be properly
severed according to the Code and the preservation sites
shall be deed restricted against further development to the
satisfaction of the County Attorney prior to submission for
a building permit. The Board finds that powder tours, as an
activity, have been legally established and legally
continuing at a level of 45 skiers per day in the past and
therefore further continuation of this use does not constitute
development as defined in the Land Use Code.
3. The concern of the Appellant is the ability of the property owner, CCI, to
conduct powder ski tours absent further review of the County.
4. Long and CCI have arrived at a mutually agreeable solution which would
involve the amending of condition of approval#19 in BOCC Resolution#17-2000, to
revise the objectionable language and substitute the following: kesolution #17-2000
attached hereto as EXHIBIT "A".
Nothing in this condition or any other provision of this
Resolution shall prevent the owner of the preservation site,
or its successors and assigns from operating or authorizing
the operation of powder tours or other guided commercial
skiing operations on the encumbered property, subject to
the permitting requirements of the Pitkin County Land Use
Code.
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NOW THEREFORE, BE IT RESOLVED that the Board of County
Commissioners of Pitkin County, Colorado hereby grants the appeal filed March 1, 2000,
by Wendy Urschel Long and amends the conditions of approvals in Resolution #17-2000
to add the additional language to condition#19 as follows:
Nothing in this condition or any other provision of this
Resolution shall prevent the owner of the preservation site,
or its successors and assigns from operating or authorizing
the operation of powder tours or other guided commercial
skiing operations on the encumbered property, subject to
the permitting requirements of the Pitkin County Land Use
Code.
All other terms and conditions of BOCC Resolution #17-2000 shall remain in full force
and effect.
INTRODUCED, FIRST READ,AND ADOPTED ON THE 121h DAY OF
DULY, 2000.
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, COLORADO
feanette Jones Shellie Roy Harper
puty Clerk Chair
Date: 02
APPROVED AS TO FORM:
John may"
city Attorney
1/reso/so civil fees.doc
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,GRANTING CASTLE CREEK INVESTORS 1041
HAZARD REVIEW AND SPECIAL REVIEW FOR AGGREGATION OF TDRs
ON THE ENOUGH CLAIM
Resolution No. p19._ 2000
RECITALS
1. Castle Creek Investors (CCI)("Applicant")has applied to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC"), for approval of a 1041 Hazard
Review and Special Review for aggregation of TDRs on the Enough claim pursuant to
the Pitkin County Land Use Code.
2. The subject property is located on the backside of Aspen Mountain and is described
as U.S.M.S.#4683, Section 1,T11S, R85W of the 6'P.M., the Enough Claim
3. The Planning and Zoning Commission reviewed this application on November 9,
1999, and recommended its approval to the BOCC.
4. The BOCC heard this application at a regularly scheduled public hearing on December
15, 1999,at which time evidence and testimony were presented with respect to this
application.
5. CCI hereby acknowledges that the roads commonly known as the Little Annie Road,
the Midnight Mine Road and the Richmond Hill Road,in their present width and
alignment as they traverse property owned by CCI,have historically been used by the
public, and,except with respect to road widening which has occurred within the last few
years, CCI will not obstruct a continuation of such historic use by the public.
The County will undertake and complete a centerline survey of all roads in their current
alignments. This survey will be utilized to create a legal description for all County roads
crossing CCI real property. The area surveyed as occupied by any County Road will be
dedicated by CCI to the County for roadway purposes. The area dedicated to the County
will be limited to the area of traditional road use and will not include those areas of recent
expanded use. Upon receipt of the dedication deed,the County will undertake to vacate
the interest of the public in and to any portion of CCI's lands which lie outside of the
dedicated roadways.
6. The BOCC determined that the proposed activity meets the applicable criteria
established in the Land Use Code, provided the conditions listed in this resolution are
adhered to.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners
of Pitkin County, Colorado, that it does hereby grant approval of the CCI request for
1041 Hazard Review and Special Review approval for aggregation of TDRs on the
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Resolution No.O/7-2000
Page 2
Enough claim, subject to the following conditions which shall run with the land and be
binding on all successors in interest:
1. The Applicant shall submit a 24"by 36" 1041 site plan to the Community
Development Department for approval and recording,prior to submission of any
building permit applications. The site plan shall also be submitted in digital format
for integration into the County's GIS system.
2. Prior to commencement of construction,the building envelope shall be delineated
with construction fencing. The fencing shall remain in place throughout
construction.
3. A fireplace/woodstove application must be filed and approved by the Community
Development Department,prior to the submittal for any building permits(if
necessary).
4. Prior to the issuance of any building permits,the Applicant shall obtain a septic
permit from the Environmental Health Department. All sewage disposal systems
must be designed by a registered professional engineer. Sewage disposal system
shall be located within the approved building envelope.
5. Prior to the submittal for any building permits,the Applicant shall provide
documentation of an adequate domestic water supply on the property. Quantity
and quality of said supply shall meet the approval of the Environmental Health
Department. The well site shall be located within the approved building
envelope.
6. All areas disturbed by construction shall be revegetated with native grasses to
limit water consumption and additional runoff within one growing season of
project completion.
7. No development activity, including grading, landscaping,vegetation removal or
disturbance,well,water storage and septic system,shall occur outside of the
building envelope with the exceptions of weed control,driveway extension and
maintenance,and as may be necessary to implement the wildfire mitigation
measures required elsewhere in this document
8. The Applicant shall obtain an access permit from the County Engineer prior to
commencement of any improvements to the driveway and prior to submission of
any building permits. The access road design shall be approved by the County
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Resolution No.4L-2000
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Engineer and shall be the minimum improvement necessary to assure adequate,
safe access to the cabin. The driveway shall not exceed the standards for roads
and driveways within the Rural/Remote zone district. No change can be made in
the existing driveway or any subsequently approved access without review and
approval of the County Engineer. No access permit will be issued until the
Applicant shows proper easement documentation from the Forest Service and any
other intervening property ownership crossed by the driveway. There shall be no
winter maintenance of roadways or driveways.
9. The Applicant shall submit a Drainage and Erosion Control Plan to the County
Engineer for review and approval,prior to the submittal for any building permits.
10. The Applicant shall comply with the following landscaping and wildfire
defensible space mitigation standards:
A. Brush,debris,and non-ornamental vegetation shall be removed within a minimum
10 foot perimeter around the structure.Vegetation in this area shall be at 6"or less.
No vegetation taller than 6"shall be planted in this area.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the
fuels a minimum of a 30 foot perimeter around the structure.
C. Spacing between clumps of brush and vegetation within the 60 foot perimeters shall
be a minimum of two times the height of the fuel. Maximum diameter of the
clumps shall not exceed 10 feet.All measurements shall be from the edges of the
crowns of the fuel.
D. All branches from trees and brush within the 60 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.
E. Tree crown separation within the 60 foot perimeters shall have a minimum of 10
feet between the edges of the crowns.
F. All branches which extend over the roof eaves shall be trimmed and all branches
within 15 feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
J. The Applicant shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
11. The Applicant shall comply with the following additional wildfire mitigation
standards:
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Resolution No.Ca-2000
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A. Roof construction shall be Class A,non-combustible roof system. Wood
shake/shingle roof coverings and flat roofs(up to a 3:12 pitch)are prohibited in all
wildfire hazard areas.
B. Vents shall be screened with corrosive resistant wire mesh with mesh '%4 inch
maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash,and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet
away from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not
more than 6 inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet
away from the stricture.
H. Fences shall be kept clear of brush and debris.
I. Wood fences shall not connect to the structure.
J. Any outbuildings or additional structures shall adhere to the same standards as
structures.
K. Fuel tanks shall be installed underground with an approved container.
L. Propane tanks shall be installed according to NFPA 48 standards and on a contour
away from the stricture 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.
M. Each structure shall have a minimum of one 10 pound approved ABC fire
extinguisher placed in a visible and accessible location.
N. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be
clearly visible at the primary point of access from the public or common access road
and installed on a non-combustible post.
O. Utility lines shall be buried.
12. The Applicant shall meet the codes and requirements of the Aspen Fire Protection
District.
13. The Applicant shall comply with the following wildlife mitigation:
A. Dogs shall be kenneled.
B. All trash/garbage shall be contained in approved bear proof garbage containers.
C. All fencing shall comply with the Pitkin County Wildlife Fencing Guidelines at the
time of building permit.
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Resolution No.M-2000
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D. Native vegetation shall be maintained outside of the building envelope. In addition,
native vegetation shall be maintained within the building envelope to the maximum
extent possible.
E. When existing vegetation must be altered,for the purpose of an access road,utility
line or similar uses,the Applicant shall cooperate with the County and the Colorado
Division of Wildlife to devise a compensation plan acceptable to the County. The
compensation plan shall substitute(in a nearby area on the subject property)
vegetation equal in type and quantity to that being removed to mitigate effects on
wildlife species.
14. The Applicant is not required to submit annual reports attesting to conformance
with the conditions of this approval,nor is this special review use permit subject
to any time limitations,as long as the specific use described herein is maintained.
15. Extension of a telephone line, electric line or other utilities is prohibited,unless
subsequently approved through Special Review.
16. The building footprint may exceed 500 square feet,but shall not exceed the
maximum allowed by Code at the time of building permit application. In no event
will the footprint exceed 2,000 square feet.The development on the property shall
not exceed 2,000 square feet as defined in the Rural/Remote zone district.
17. The setbacks from property lines to building envelope for the parcel shall be as
represented in the 1041 application follows:
• Front(north): 270 feet
o Side(west): 30 feet
• Side(east): 130 feet
• Rear(south): 1070 feet
18. Outside illumination shall comply with County lighting standards in effect at the
time of installation. There shall be no facade or landscaping lighting. Non-
reflective exterior and roof materials shall be utilized. Exterior colors shall blend
with the surrounding natural environment.
19. The three TDRs proposed for transfer must be properly severed according to the
Code and the preservation sites shall be deed restricted against further development
to the satisfaction of the County Attorney prior to submission for a building permit.
The Board finds that powder tours, as an activity, have been legally established
and legally continuing at a level of 45 skiers per day in the past and
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Resolution No.-�a-2000
Page 6
therefore further continuation of this use does not constitute development as
defined in the Land Use Code.
20. The Applicant shall adhere to all material representations made in the application
and in public meetings.
21. A construction management plan shall be submitted for review and approval of
the Community Development Director and County Engineer prior to issuance of
any building permits. Construction vehicles shall not violate any county parking
ordinances.
22. The vested rights for the approval contained herein shall expire on February 9,
2003.
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Resolution No.L/ -2000
Page 7
APPROVED AND ADOPTED ON THE DAY OF��G �7 2000.
V..ettrQ / Nst"e�. GG.r�uQsn fate GZr�o,c /�7ue�i
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By:�� , �Ca N -ie—t`y
4ndee R Dean Shellie Roy Harper,Chhi
Clerk to the BOCC
DATE: 2- 23' 00
APPROVED AS TO FORM RECOMMENDED FOR ADOPTION
John Ely Cindy Houben
Count orney Community Development Director
Applicant accepts and agrees to all expressed conditions, recitals, and findings
contained in this Resolution.
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Date 2 Z�.cDd4
o n Miller, for CCI
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