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HomeMy WebLinkAboutLand Use Case.CR.774 Spruce St.0017.2004.ASLU "., '4' City of Aspen Community Development Dept. CASE NUMBER PARCEL ID# CASE NAME PROJECT ADDRESS 0017.2004.ASLU 2737-074-00-002 Pitkin Connty Referral PLANNER Scott Woodford CASE DESCRIPTION Timroth LLLP Scenic Overlay REPRESENTATIVE Snzanne Wolff DATE OF FINAL ACTION 05/12/04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY 05/13/04 D DRISCOLL - Wolff.Suzanne, 02:03 PM 5/12/2004, 774 N. Spruce St. To: Wolff. Suzanne From: Scott Woodford <scottw@cLaspen.co.us> Subject: 774 N. Spruce St. Cc: Bcc: Attached: Suzanne, In response to your request for City comments regarding the Scenic Overlay Request for 774 N. Spruce St., we reviewed the proposal at a recent staff meeting. We are concerned about limiting the visual impact of the proposed driveway; however, we feel that the applicant is proposing adequate mitigation measures to address those concerns to the degree possible. Based on that, the City has no comment. Sorry for the delay in getting you formal comments. Sincerely, Scott Woodford Printed for Scott Woodford <scottw@ci.aspen.co.us> 1 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Engineer Smuggler Caucus City of Aspen Community Development FROM: Suzanne Wolff, Community Development Department RE: Timroth LLLP Scenic Overlay Review (PID 2737-074-00-002; Case P028-04) DATE: March 12, 2004 Attached for your review and comments are materials for an application submitted by Albert G. Timroth. The Hearing Officer will review the application on Tuesday, May 18,2004. Please return your comments to me by Friday, April 9, 2004. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. RETAIN FOR PERlttJIENT RECORD ......." '.... - '. " HAAS LAND PLANNING, LLC March 1,2004 Ms. Rose Ann Sullivan Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Smuggler Mountain, Parcel C (774 N. Spruce Street) --- Scenic Overlay Review for a Driveway Dear Rose Ann: Per your pre-application conference summary dated February 12, 2004, my client, Gerry Timroth, must obtain Scenic Overlay Review approval for the proposed driveway from North Spruce Street to the above-captioned property. The following letter demonstrates that the proposed driveway and retaining wall satisfies the substantive review standards of Section 3-60-040, Scenic Overlay, in the Pitkin County Land Use Code (the Code). Background Smuggler Mountain Parcel C, otherwise described as the 1.179 acre northerly portion of the Pride of Aspen Mining Claim (U.s.M.5. 7883), is located on a relatively steep portion of Smuggler Mountain with a west aspect. Prevailing slopes along this hillside are in the range of 30% to 40%. The property is recognized by Pitkin County as a separately developable parcel pursuant to the March 1, 1990 Declaration of Restrictions, recorded with the Pitkin County Clerk and Recorder in Book 615 at Page 219 (Reception No. 320504). The site is within Pitkin County's AFR-10 zone district. A building envelope and associated access was approved by the Board of County Commissioners (BOCC) through a takings determination with the adoption of Resolution No. 117-2001 (Reception No. 457707) and subsequent recordation of the TimrothjSmuggler Mountain, Parcel C, 1041 Hazard Review Site Plan in Book 58 at Page 75. Access to the property is gained via a thirty foot wide easement across the Cora Lee Mining Claim, the Ella Sherwood Mining Claim, and U.S. Forest Service property. The easements providing access are recorded at Reception Numbers 458334, 417304, and 443145. The access easements provide connection to the Spruce Street public right-of-way. The driveway utilizes an existing but abandoned roadbed, which follows a topographic contour and has been graded . 201 N. MILL STREET, SUITE 108' ASPEN, COLORADO' 81611 . . PHONE: (970) 925.7819 . FAX: (970) 9~PERMANeNTRECORD I"'"' ,-",/ J Smuggler Mountain, Parcel C Scenic Overlay Application March 1,2004 Page 2 to be relatively flat. The access drive will, however, need to span a small draw/drainage, and this will be accomplished in the manner depicted on the attached plans. Scenic Overlay Review Section 3-6-040, Scenic Overlay, of the Code is intended to establish a scenic conservation area on those lands which are proximate to and most visible from State Highway 82 (and other specified roads), with specific concerns for the areas which constitute the visual entrance "image" and passage through Aspen and Pitkin County. The Scenic Overlay corridor is interpreted to ensure that developments are designed to complement the natural landscape and the natural features within the public view plane in order to obtain an aesthetically pleasing, rural atmosphere. While only at substantial distances, the proposed driveway and associated retaining walls are visible from State Highway 82. However, the proposed development will not impact any ridgelines. As such, Scenic Overlay Review approval is necessary as a prerequisite to its construction. The proposed driveway and retaining wall design has been developed to minimize impacts of or on 1041 Environmental Hazards, as avoidance of hazards is of paramount importance. With that, the potential for visual impacts was also a great consideration in the development of the proposed designs. With respect to the potential for both physical and visual impacts, the neighbors were consulted as well. The neighbors have reviewed the proposed driveway and retaining wall designs and have extended their support, as indicated in the attached letter signed by the members of the Spruce Street Homeowners Association. There simply will not be any way to completely eliminate visibility of the proposed development from SH 82. Instead, the plans demonstrate an effort to adhere as closely as possible to the standards for Scenic Overlay review by minimizing negative visual impacts through such means as limiting cuts and fill, and using natural materials. The review criteria for development within the mapped Scenic Overlay areas of the County are provided below and each is followed by a response demonstrating compliance and/ or consistency therewith, as applicable. ',,,- ~ ... , ~- "<.......,;. Smuggler Mountain, Parcel C Scenic Overlay Application March 1, 2004 Page 3 1. Whether the proposed development has utilized existing topography and natural vegetation, such as ridges and hills to screen buildings to the maximum extent possible. The existing topography and vegetation afford little opportunity for screening of driveway or retaining walls. However, the majority of the proposed driveway will use an existing but abandoned roadbed, which follows a topographic contour and has been graded to be relatively flat. By using this existing road bed, the height of retaining structures can be minimized and existing vegetation can be preserved to the maximum extent practicable. In this way, existing topography and natural vegetation are utilized to screen the development to the maximum extent possible. 2. Whether the proposed development has been designed to complement the natural topography of the land, including, whenever possible and appropriate, the utilization of innovative architectural techniques such as earth sheltered design, natural materials and coloring, non-reflectability and clustering of structures on the least visible portions of the site. Again, the majority of the proposed driveway will use an existing but abandoned roadbed, which follows a topographic contour and has been graded to be relatively flat. By using this existing road bed, the height of retaining structures can be minimized and existing vegetation can be preserved to the maximum extent practicable. Most of this standard is written to address development of buildings and structures and, therefore, does not directly apply in the current case. However, the applicant does intend to utilize natural materials (i.e., boulders) of a color and tone that is consistent with the surrounding environs in the development of the retaining walls. 3. Whether the proposed development's height and bulk has been designed to avoid, to the maximum extent possible, the visibility of buildings from the highway and public viewplanes. As is the case with the previous standard, most of this standard is written to address development of buildings and structures and, therefore, does not directly apply in the current case. While the driveway and retaining walls will be visible from parts of Highway 82, it will be at a substantial distance and will be in character with existing development patterns on Smuggler Mountain. 4. The proposed structure shall be placed so it does not break a ridgeline, unless there are no alternate building sites on the lot. RETAIN FOR PERMANENT RECORD r' ',.".,-" ':) Smuggler Mountain, Parcel C Scenic Overlqy Application March 1, 2004 Page 4 The proposed development will not break a ridgeline. There are no ridgelines affecting the subject site. 5. Whether the proposed development has avoided the location of uses on the highest ground or most visible portion of the site as viewed from State Highway 82 and public rights-of-way, identified in Section (B)(l) above. Given the location and size of the access easement in which the driveway must be constructed, there is little option as to where it can be built. That said, the driveway will provide access to the closest and lowest (in elevation) corner of the designated building envelope on Parcel C. It is not be possible to move the development further down in elevation. 6. Whether the proposed development has been located outside of the designated Scenic Overlay, or on a suitable site at the greatest distance possible from State Highway 82 and identified ridgelines. No ridgelines will be affected by the development. It is not possible for development on the subject property to be located outside of the designated scenic overlay. The proposed location of the driveway and retaining walls is at the greatest distance possible from SH 82. Also, please refer to the previous responses and narratives. 7. Whether the proposed development has been landscaped in accordance with the adopted State Highway 82 Corridor landscape guidelines and has preserved natural vegetation, to the maximum extent possible, including the avoidance of development within irrigated meadows. Existing vegetation shall be maintained to the maximum extent possible, while using existing vegetation to screen development. A landscape plan shall be submitted by the applicant and approved by the Hearing Officer. A landscape plan has not been prepared for the subject development. The development is outside of the State Highway 82 Corridor, rendering the landscape guidelines inapplicable and inappropriate. The applicant does not intend to landscape the driveway. Landscaping in the subject area would be inappropriate as such would not tend to blend well with the natural scrub oak, pinion and sage vegetation. Rather, the applicant plans to remove as little vegetation as possible for the development, and simply reseed any disturbed areas with a native mix of grasses and forbs. The seed mix will be chosen in consultation with the Pitkin County Land Management Department and the Wildlife Biologist. There are no irrigated meadows within the area of the proposed development. :.. ,,-.... - Smuggler Mountain, Parcel C Scenic Overlay Application March 1, 2004 PageS 8. Whether the proposed development's exterior lighting has been designed in such a manner that light sources, such as facade and landscape lighting, will not be seen from public rights-of-way as identified in Section (B) (1). In addition, an application shall be consistent with the lighting regulations identified in the Pitkin County Land Use Code. So as to ensure avoidance of the "runway" effect, the proposed driveway will not be lighted. The applicant is respectful of goals aimed at keeping the night sky dark and assuring that lighting does not cause glare or otherwise interfere with traffic on SH 82. Further, the applicant is respectful of the neighbors in the immediate vicinity and their desire to keep lighting to a minimum. 9. Landforms and earth moving shall generally not be acceptable as the sole measure of compliance with these regulations. However, they may be utilized in conjunction with other site techniques designed into the development plan. These methods may be acceptable when utilized as one of several methods to complement and enhance development, rather than as the single device for screening development from view from the State Highway 82 Corridor and as mapped. Please refer to the narratives provided in response to the previous standards for Scenic Overlay review. 10, Whether the proposed development has been designed so as to avoid, to the maximum extent possible, any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan. Please refer to the narratives provided in response to the previous standards for Scenic Overlay review. The proposed development will not affect any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan or in the Down Valley Comprehensive Plan. 11. In the case where 1041 hazard areas may be in conflict with the preservation of scenic areas, the Board acknowledges that 1041 issues take precedence over scenic concerns, These issues shall be reviewed on a case-by-case basis. As mentioned above, the proposed driveway and retaining wall design has been developed to minimize impacts of or on 1041 Environmental Hazards, as avoidance of hazards is of paramount importance. Indeed, 1041 Environmental Hazards Review approvals have already been obtained. RETAIN FOR PERMANENT RECORD ('; "" Smuggler Mountain, Parcel C Scenic Overlay Application March 1, 2004 Page 6 The applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application. Nevertheless, questions may arise which require further information and/ or clarification. The applicant's representative will provide such additional information as may be required or requested in the course of the review. Should any such information be needed or if any questions arise, please do not hesitate to contact Haas Land Planning, LLC, at the phone number provided on the bottom of this letter's first page. Yours truly, Haas Land Planning, LLC ~ Mitch Haas, AICP Owner/Manager cc: Gerry and Donna Timroth, Applicants/Owners Lenny Oates, Esquire c:/my docurnentslPitCo Applicationsrrimroth/Tirnroth Scenic Overlay -- - HAAS LAND PLANNING, LLC February 23, 2004 Spruce Street Homeowners Association c/o Ms. Yvonne McCallum 737 North Spruce Street Aspen, CO 81611 RE: Timroth/Smuggler Mountain Parcel C Driveway Design Dear Ms. McCallum: As you are aware, Mr. Gerry Timroth is in the process of obtaining an access permit from Pitkin County to construct a driveway that would serve the already approved building envelope on Smuggler Mountain Parcel C. Pitkin County is requiring that Mr. Timroth obtain Scenic Overlay Review approval as a prerequisite to proceed with development of the driveway. The plans that will be submitted to Pitkin County for said Scenic Overlay Review are identical to those currently under review by the County for the access permit. These plans have also been provided to the Spruce Street HOA for their review. The plans were prepared by Pinnacle Design Consulting Group, Inc., and show the proposed driveway alignment, its profile, several cross sections, construction details, and retaining wall designs. It is respectfully requested that the members of the Spruce Street HOA sign in the appropriate space provided on the following page to indicate their support for completion of the driveway as proposed. In addition, your signatures further indicate a preference for use of boulder retaining walls, as opposed to MSE or similar options. If you should have any questions or require any additional information, please do not hesitate to contact me. You can reach me at the numbers and address provided below, or by email atmhaas@sopris.net. Yours truly, ~PLANNING' LLC Mitch Haas, AICP Owner / Manager RETAIN FOR PERMANENT RECORD 201 N. MILL STREET, SUITE 108 . ASPEN, COLORADO' 81611 PHONE: (970) 925.7819 . FAX: (970) 925-7395 f""' " Fehruary 23, 2004 Timrolh/ Smuggler Mt. Parcel C Driveway Design Page 2 of 2 :) APPROVED BY THE SPRUCE STREET HOMEOWNERS ASSOCIATION: c;Cf1;~ By:<Y~a....ij.l\i'fl\fVI:,~ Albert and Donna Timroth 704 N. Spruce Street "'"' -;) / B~ Cecil and Nancy Lewitz 711 N. Spruce Street I . .))/- L~- By: {{~~ ill and Yvonne McCallum 737 N. Spruce Street By: Warren and Lily Lichtenstein 777 N. Spruce Street (" ~..> __ "" 1 .<'--..,.. ">7 "~;~';'12 '. .. By: W/f'A/,,( / :f7d7J1 f.,- c- Arny and Ann Porath 707 N. Spruce Street By: ~~4;r Raymond and Camilla Auger 709 N. Spruce Street ~ --rw 9r/~A/\ BY:_~"/ ~~~ Austm nd GeorgIe Gleason 770 N. Spruce Street .-/ - - PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Rose Ann Sullivan PHONE: (970) 920-5482 EMAIL: roseanns@co.pitkin.co.us DATE: 2/12/04 PROJECT: Scenic Overlay Review for a Driveway LOCATION: Smuggler Mountain, Parcel C (774 Spruce Street, Aspen) ZONE: AFR-10 (outside UGB) PARCEL ID #: 2737-074-00-002 ACRES: 1.8 OWNER/APPLICANT: Albert G. Timroth, Trustee PO Box 375 Basalt, CO 81612 REPRESENTATIVE: None PHONE: (970) 927-1386 EMAIL: TBD FAX: (970) 927-1665 Type of Application: Scenic Overlay Review. Description of Project/Development: Applicant proposes to construct a driveway with a boulder retaining wall. Pitkin County Land Use Code: . Sec. 3-60-040: Scenic Overlay. Review By: Hearing Officer Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. See Sec. 4-90 regarding notice requirements. Staff Will Refer Application To: County Engineer, Smuggler Caucus, City of Aspen. FEES: Flat Fee: $1,075 (make check payable to "Pitkin County Treasurer"), consisting of: --- Planning Flat Fee: $840 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the applicant will be charged for additional time above 4 hours at a rate of $210 per hour). --- County Engineer Referral Fee: $210. --- Public Notice/Publication Fee: $25. Hearing Officer: $135 per hour (to be billed after review is completed). To apply, submit the application fee specified above and 5 copies of the following documents, unless otherwise noted: 1. Written report demonstrating that the proposed driveway and retaining wall satisfies the substantive review standards of the Subsection of the Pitkin County land Use Code cited above; 2. 24" x 36" site plan that complies with the provisions of Subsection 5-90-020; 3. Street address and parcel description, including legal description, and 8-1/2'x 11" vicinity map locating the subject property within Pitkin County; 4. Executed Pitkin County Community Development Agreement for Payment of land Use Application Fees form (1 copy); 5. Copy of this Pre-Application Conference Summary Sheet; and . C 6. List of all adjacent property owners and mineral estate owners. ........ j NOTES: ~ PLEASE SUBMIT TWO-SIDED COPIES OF ALL APPLlCA TlON MA TERIALS (IF POSSIBLE). ALL MAPS MUST BE FOLDED. ~ This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staff's interpretations based upon representations of the applicant and his representative. Additional information may be required upon a complete review of the application and site visit(s). ~ In addition to paper copies, all text documents must be submitted in digital format, unless they have previously been recorded with the Pitkin County Clerk & Recorder's Office. Acceptable digital formats for text documents (in order of preference) are: (1) (doc), (2) (pdf), and (3) (.wpd), (.tif), or(rtf). Applicant must also submit a list of any application materials not submitted in digital format th.at have previously been . recorded with the Pitkin County Clerk & Recorder's Office and provide the Book and Page and Reception . .. Numbers, as applicable, for all such material. If you wish to submit any pictures/photographs digitally, please submit them in (.jpeg) format. ~ The Pitkin County Land Use Code is available on-line at www.8soenoitkin.com. 2 - 'lwfIUGGLER MOUNTAIN, PARCEL C 774 N. SPRUCE STREET, ASPEN PARCEL ID No: 2737-034-00-002 .',- ASPEN .". ~ N.T.S. LEGAL DESCRIPTION A tract of land located in the Northeast Y. and the Southeasl Y. of Section 7. Township 1):> South. Range 84 West of the 6th Principal Merldian, being a portion of the Pride of Aspen lode Mining Claim U ,S,M,S, N~. 7663 and the Ballarat lode Mining Claim U.S,M.S. No. 4436 descr1bed as follows: Beginning at a pOint from which the Center East 1/16 Comarof Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian bears N 01 '32'48" E 5.47 fee\; thence N 75041'10. E 49.08 feet (record N 75035' E 49.63 feet); thence N 75'37'15" E 140.73 feet; thence S 00'17'31"W217.49 feet; RETAIN FOR PERMANENT RECORD 'thl'lnce S 00'21'42" W25.691eet (record S 00"05' W25.74 feet): thence S 56019'40" W 219.531eet (record 56'08.3' W 219.76 feet); thence N 00000'56" E 317.80 Ieel (record N 00'01.9' W 311.85Ieel) to the point of begl~nin9. .1""' '- """ ~' TlMROTH/SMUGGLER MOUNTAIN, PARCEL C LIST OF ADJACENT PROPERTY OWNERS AND THEIR MAILING ADDRESSES OF RECORD* 2737-074-00-103: Aspen Mountain Construction Inc. PO Box 4067 c/o George Wilkinson Aspen, CO 81612 2737-074-00-045: Gleason, Austin & George Anna 3918 Sunset Shreveport, LA 71109 2737-074000-046: Wilkinson, George Marsh DBA Echo Films PO Box 4067 Aspen, CO 81612 2737-071-00-040: Timroth LLLP PO Box 375 Basalt, CO 81621-0375 2737-071-04-014: Great West Life & Annuity Ins Co 8515 E Orchard Rd, 3rd Floor Tower 2 Greenwood Village, CO 80111 2737-071-04-801: Pitkin County 530 E Main St, Ste 302 Aspen, CO 81611 2737-071-00-012: Lichtensteain, Warren G & Diane 1 Orchard Rd. Great Neck, NY 11021 2737-071-00-011: Porath Family Trust 12400 Wilshire Blvd, Ste 1450 Los Angeles, CA 90025 2737-071-04-010: Lewitz, Cecil & Nancy 711 Spruce Street Aspen, CO 81611 2737-071-04-013: Auger, Raymond N & Camilla 709 N. Spruce Street Aspen, CO 81611 2737-074-00-103,2737-074-00-045, and 2737-074-00-046 also list the following owner and address: New Consolidated Et Al PO Box 4067 Aspen, CO 81612 'Per the Pitkin County Assessor's Records as of February 26, 2004 -- -- , Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611-1975 RE: Scenic Overlay Review Application for the driveway and retaining walls associated with Smuggler Mountain, Parcel C To whom it may concern: I hereby authorize Haas Land Planning, LLC to act as my designated and authorized representative with respect to the land use application being submitted to your office for my property located on Parcel C of Smuggler Mountain (North Half of the Pride of Aspen). Mitch Haas is authorized to submit an application for Scenic Overlay Review and any incidental approvals associated therewith. He is also authorized to represent me in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Mr~wjrustee P.O. Box 375 Basalt, CO 81621 ..., RETAIN FOR PERMANENT RECORD I"'" ""'" , ,/ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PI1KlN COUNTY (hereinafter COUNTY) and ALBERT G TIMROTH (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. REVIEW APPLICANT has submitted to COUNTY an application for SCENIC OVERLAY (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058-2001 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$1075.00 which is for 1.. hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Albert G. Timroth pri~ Signat e ~a:i~:ng Ad;~( (l 'I P.O. Box 375 Basalt. CO 81621 - IIIIIIIIIIIIIII~ IIII SILVI~ C~VIS PITKIN COUNTY CO 457707 Pace: 1 of 7 08/17/2001 02:01P R 1.01 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR THE TIMROTH PROPERTY Resolution No. 11.1-2001 RECITALS I. Grant C. Timroth ("Applicant") applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard Review and Conceptual Submission approval to establish a building envelope to construct a single-family residence and accessory structures. 2. The parcel is located above the SilverlodelWilliams Ranch Subdivision on Lower Smuggler Mountain at the top of Spruce Street; is referred to as the northerly portion of the Pride of Aspen mining claim; and is more specifically described in Exhibit A. 3. The parcel contains 1.179 acres, is a non-conforming size parcel in the AFR-lO zone dislrict, and is located outside of tbe Urban Growth Boundary. 4. Thc Board of County Commissioners ("BOCC") recognized in the 1990 "Declaration of Restrictions" (recorded in Book 615 at Page 219) that the northerly portion of the Pride of Aspen (the subject parcel) was a separately developable parcel. "subject howcver to all of the provisions of the Pitkin County Land Use Code, including, but not limited to, the Building Permit Review and General Submission requirements." 5. The Hearing Officer denied the application at a duly noticed public hearing on April 17, 2001, pursuant to Determination No. 2.1.200 I. 6. Tbe Applicant submitted a request for a takings detennination pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code on April 30, 2001 to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. 7. The HOCC considered the takings request at regular meetings on May 9 and June 13, 2001. at which time further evidence and testimony were presented with respect to the taking. on June 13, 2001 and remediation resolution approved on July 11, Takings approved 2001. Resolution No./fl-200'J-' Page 2 .I(~mIJt IIIJIJl 'l'~JI'II"'IIIIIII' II ~ ~~7~~~:~ ~2: 00P TY co ~ 0.00 D 0.00 g. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code, based on the following findings: A. There are not any areas on the property that are not encumbered by slopes in excess of 30%; B. There is no area on the property that is not encumbered by severe wildfire hazard; C. The proposed building envelope is the best possible location on the property for development; and D. The denial constitutes a taking of all reasonable use and economic return from the subject property. NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Timroth 104 I Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3.290 and 4- 150 of the Pitkin County Land Use Code. BE IT FURTHER RESOL YED 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: I. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The site plan shall also be submitted in digital format for integration into the County's GIS system. The mylar copy of the site plan must be signed by the owner prior to submittal for recording, The Applicant shall amend the site plan submitted as part of the original application as follows, prior to submission for recordation: A. Designate an access envelope in the area of the proposed driveway. B. Amend the signature block for the Board of County Commissioners instead of the Hearing Officer. 2. Prior to submission of any building permit applications, the Applicant shall: A. Submit an application and gain approval for a Scenic Overlay Review, pursuant to Section 3-60-040 of the Land Use Code, once plans for the proposed residence have been prepared. The application shall include a driveway plan with specifics on cut and fill andlor retaining structures and a detailed landscaping plan. The Applicant shall erect story poles to represent the height of the proposed residence, prior to the hearing date for the scenic overlay review. B. Submit documentation to the Environmental Health Department that the Aspen Consolidated Sanitation District (ACSD) can serve the property. The Applicant shall comply with ACSD rules, regulations, and specifications. C. Enter into a Water Service Agreement with the City of Aspen. Resolution No. JJ1..-200"''''' Page 3 IIIIIIIIIIIIIIIIII~ II :~~~~~;~ ~2:00P SILVII=l DAVIS PITKIN COUNTY CO R 0.08 00.00 D. Provide a plan prepared and signed by a Professional Engineer or geologist to address mitigation of the geologic hazards on and off-site during and post-construction, for review and approval by the County Engineer, Chief Building Official and Community Development Department. The plan shall specifically include an analysis of potential off- site hazards created by construction and reasonable mitigation for those hazards. E. Obtain an access permit for the driveway, which shall comply with all applicable County access standards and shall be approved by the County Engineer and the Community Development Department. A qualified engineer shall design a dip crossing, bridge or culvert across the drainage that is adequate to accommodate at least a I OO-year flow. The penn it shall include a detailed proposal to mitigate impacts to the steep slopes traversed by the access. F. Obtain fireplace/woodstove penn its from the Community Development Department, if necessary. G. Submit a drainage and erosion control plan for review and approval by the County Engineer. The plan shall address all construction activities and shall provide for erosion control for a minimum of two years after the issuance of a Certificate of Occupancy, wh ich shall include detai Is on the types of erosion control and the maintenance of those systems, and a detailed revegetation and planting plan. H. Submit a Construction Management Plan in accordance to the Asset Management Plan for review and approval by the County Engineer. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of-way. 3. Prior to issuance of any building penn it applications, the Applicant shall: A. Pay the applicable road impact fee. B. Name the owners of the properties below the building envelope (identified by Parcel Identification Numbers 2737-074-00-045, 2737-074-30-006, 2737-074-30-007 and 2737- 074-30-008) as additional insured on their policy covering construction activity in the amount of the value of the improvement on each property, if deemed necessary by Community Development staff and the County Attorney, given the findings of the engineer or geologist with regard to the potential off-site impacts during construction. C. Execute an indemnification of the County in a fonn approved by the County Attorney. 4. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Fencing outside of the building envelope shall comply with the wildlife compatible fencing standards in the Land Use Code. B, Dogs shall be kenneled. C. Native vegetation shall be maintained outside of the building and access envelopes, except as necessary for the utility extension. Safety fencing shall be erected during construction to prevent inadvertent impacts to native vegetation. D. Install and use bear proof trash containers, as required by BOCC Ordinance No. 0] 0-2001. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: Resolution No. 111--2001' Page 4 111111111111111111 ~I &JLVIA O~VI5 PITKIN COUNTY CO 457707 Page; 4 of 7 08/17/2001 02:00P R 0.00 D 0.00 A. For a distance of 15 feet around all structures, maintain vegetation at a height of6 inches or less with mowed grass, low growing perennials orhardscape. Woody vegetation shall not be planted within this perimeter. Brush, debris, and non-omamental vegetation shall be removed within this perimeter. B. Existing vegetation shall be thinned for a distance of200 feet around all structures, Remaining oak/serviceberry clumps shall be no larger than twice the height of the existing plants. Spacing between clumps shall be four times the height of the clumps. C. The lower branches of all shrubs shall be removed up to half the total height of the plant. D. The Applicant shall be responsible for the continued maintenance of the defensible spacc requirements. 6. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall have a Class A, non-combustible roof system. Wood shakelshingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3: 12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: 1) All roof coverings shall be noncombustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 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 roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimwn 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. B. Vents shall be screened with corrosive resistant wire mesh with mesh Y. 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 and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department veh ides. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. 1. Propane tanks shall be installed according to NFP A 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. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non-comhustible letters and shall be visible and installed on a non-combustible post. M. Utility lines shall be buried. 7. The Applicant shall submit a lighting plan specifying the location, type and number of exterior fixtures and demonstrating compliance with the County's lighting regulations, for review and Resolution No. Ill- -200'1' / Page 5 11111111111111111111 )dl :~~~:~~:~;2 00P S[LVI~ Dt:lVIS PITKIN COUNTV CO R 0.00 00.00 approval by the Community Development Department, prior to installation of exterior lighting fixtures. 8. No development, including grading, excavation, fill placement,benning, landscaping vegetation removal or disturbance, shall occur outside of the approved building and access envelopes. Exceptions to this prohibition include utility extensions, required wildfire mitigation, andplantings found to be necessary to mitigate geologic hazards, subject to a landscape plan reviewed and approved by the Community Development Department. 9. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season ofthe project's completion. 10. The Applicant shall use exterior materials that "blend in" with the surrounding natural landscape. Non-reflective exterior, roof and window materials shall be utilized. 11. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District. 12. The total allowable floor area shall be limited to a maximum of5,750 square feet of floor area, as measured pursuant to the definition of "Floor Area" in effect at the time of building pennit submittal, or such further limitation as may be required by the City of Aspen in association with a water service agreement. The Applicant shall not be eligible to compete or to utilize TDRs in order to obtain additional floor area in excess of 5,750 square feet. 13. The Applicant shall comply with the following measures to mitigate geologic hazards: A. Site specific soils testing shall be conducted prior to foundation design to ensure stability. B. Excavations, including foundations, shall be adequately supported with or designed as retaining walls, with appropriate drainage on the upslope side. C. Cuts, fills and other excavations shall be minimized, steepening of existing slopes shall be avoided, and all disturbed areas not covered by construction shall be graded so that they can be revegetated, D. Final grading and landscaping shall prevent rolling rocks from striking the structure. E. The first three feet of the structure that extends above grade shall be reinforced and openings in this interval shall be limited. F. Adequate mechanical support shall be provided for cut slopes. G. Adding water, which may decrease slope stability, shall be avoided. H. Adding weight to the top of the slope shall be avoided. \. Confine, cut, fills, grading and excavation to the minimum area needed for construction. 14. 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. 15. This approval and takings remediation shall be valid for three years from this date and thereafter any development on the property must comply with these conditions and any subsequent changes to the County Land Use Regulations. APPROVED AND ADOPTED on the 11th day of July, 2001. Resolution No 112 200/ Page 6 BOARD OF COUNTY COMMISSIONERS. PITKIN COUNTY, COLORADO By ~I~la:d~~ (~ ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: fJ1z~y Cindy Houben Community Development Director ~= ..-='! PlO-O] PID 112737074??oo2 Ilf~ll.'~ivflll~I~l~I1J!Jl~ ~1111111 11111 11111111 :~;I/~~r:2: 00P R 0.00 0 0.00 I I I I I I I I I . I I I I I I . I . NO~ 11. 1000 9:28AM r 'lIoN COUN'IY '1llll ," II I '"", .J EXHIBIT "A" LEGAL DESCRIPTION NO,lj33 P 3/7 t< 117-'d.CD\ A tract of land I,oo::lted, in the N~rtheaSI y. end the Southeast Yo of Section 7. Tow"ship 1p South. Range 84 West of lhe 61h PrinCipal Mendla,,, bell"lg a portion of the Pnde of Aspen lode MIning ClaIm U,S,M.S. No. 7683 and the Ballarat LOlle Mining Claim US.M,S, No. 4438 descrtbed as follows: ! , I Beginning ilt a point from which the Center Easl1116 Comer of Section 7. TownShip 10 ~outh, Range 84 West of the 6th Principal Meridian bears N 01.32'48" E 5.47 feel: , thence N 75041'10" E 4908 feet (record N 75'35' E 48.63 fe$l): thence N 75"37'15" E 140.73 feet: thence S 00017'31" W 217.49 feet: I thence S 00'21'42" W 2569 feel I record S 00'05' W 25.74 feet): I thence S 56'19'40" W 219,53 feet (record 50"08.3' W 219,78 feet), I thence N 00'00'56" E 317,80 feel (record N 00'01.9' W 31 1.85Ieet) 10 the point of beginning. j I ; I j I