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Home My WebLink Aboutbocc.res.053.2008RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO GRANTING APPROVAL TO THE ZIEGLER RESERVOIR PUBLIC- INSTITUTIONAL MASTER PLAN, ACTIVITY ENVELOPE/SITE PLAN REVIEW, SUBDIVISION EXEMPTIONS AND GMQS EXEMPTION FOR CIVIC AND INSTITUTIONAL USES AND SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT Resolution No.~-2008 RECITALS 1. The Snowmass Water and Sanitation District ("Applicant") has applied to the Boazd of Counry Commissioners of Pitkin County, Cobrado ("BOCC") requesting approval of a master plan for the Ziegler Reservoir parcel. The Applicant proposes to expand the existing reservoir and use it as a public water supply reservoic The Applicant is requesting the following land use approvals: A. Rezoning from AR-10 to P-I (Public and Institutional) B. P-1 Master Plan Review C. Subdivision Exemption to Create Parcels for Community Facilities D. GMQS Exemption for Civic and Institutional Uses E. Activity Envelope Review F. Major Plat Amendment (to Hidden Meadows Subdivision) 2. The property is located on Ziegler Divide Way, and is more specifically described in Exhibit A. 3. The property contains ] 7.535 acres and is zoned AR-10. 4. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a regularly scheduled meeting on March 4, 2008, and recommended approval by a vote of 3-0. 5. The BOCC considered the application at duly noticed public hearings on April 9 and May 14, 2008. 6. The BOCC finds that the application is consistent with the applicable provisio~s of the Pitkin Counry Land Use Code, including Sec. Z-40-] 00, standards for P-I master plans; Sec. 6-30-120, standards for a GMQS exemption for civic and institutional uses; and Sec. 2-30-30(h)(4), standards for a subdivision eaemption to create a parcel for public facilities; and Sec. 2-30-40(i)(2), standards for a subdivision esemption for a major plat amendment. 7. The BOCC further finds that impacts on wildlife can be mitigated and impacts on man-made wetlands will be mitigated by the creation of new wetlands with a net increase in the amount and diversity of wetlands at the site. 8. The BOCC further tinds that the activity envelope is primarily comprised of slopes of less than 30%, with the following exceptions: A. The regrading and revegetation of the area around the new dam will impact slopes in excess of 30%; the slopes in this area comply with Sec. 7-20-20(c)(3) of the Code, minor slope anomaly, which permits development on slopes in excess of 30%. RECEPTION#: 550139, 06/09/2008 at 01:01:13 PM, i OF 6. R$0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolutron No.~S~-2008 Page 2 B. Three sections of the Ziegler Divide Way when relocated will cross slopes in escess of 30%. These sections comply with Sec. 7-20-20(c)(5), which permits short driveway encroachments for a maximum of 100 linear feet per parcel, and Sec. 7-20-20(c)(3), minor slope anomaly. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the Ziegler Reservoir P-I Master Plan, Subdivision Esemption, GMQS Exemption, Activity Envelope/Site Plan and Major Plat Amendment, 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. Applicant shall continue to abide by its contractual obligations with Pitkin County including the ] 978 Agreement, the 1995 Water Settlement Agreement and the Trigger Point Methodology Agreement. 3. Applicant will fiil and refill Ziegler Reservoir only with water rights that are diverted in priority as administered by the Office of the State Engineer. When diverting water from Snowmass Creek to fill or refill Ziegler Reservoir through the Snowmass Creek Pipeline, the Applicant will obtain a new water right that tivill honor the senior administration of the CWCB minimum stream flow water right. 4, Applicant will consent to the cancellation of any remaining portion of the Sam's Knob Reservoir conditional water right after the espanded Ziegler Reservoir has obtained a storage water right for the expanded reservoir, has obtained a new fill and refill water right for the expanded reservoir and the expanded Ziegler Reservoir and appurtenances are fully constructed, installed and operational. 5. Applicant will utilize the Zeigler Reservoir in a manner consistent with its representations concerning the need for the reservoir, the utility of the reservoir and the integration of the reservoir into its operating facilities. These representations include the following: the Applicant intends to utilize Ziegler Reservoir to store water diverted from its direct flow water sources for emergency purposes and for system reliability. Direct []ow diversions from the East Snowmass Creek water source will be the operationally preferred water source to fill and refill Ziegler Reservoir. Applicant additionally intends to store and use water in the reservoir to respond to circumstances that cause its East Snowmass Creek, Brush Creek or Snowmass Creek direct flow water sources untreatable or unavailable from situations similar to the following: (1 } loss or diminished production due to a landslide, snow slide, pipeline blockage, or other interruption or failure of the its diversion, treatment or delivery facilities; (2) contamination from forest fire, flood, chemical spill, contaminants, bacteria, turbidity, or similar occurrences; or (3) drought conditions or a loss of flow or diminished flow from direct ilow water sources. Under appropriate operational, hydrological and a[mospheric conditions, Applicant intends to utilize its direct flow water sources from East Snowmass Creek and Brush Creek prior to commencing direct flow diversions from its Snowmass Creek water source through the Snowmnss Creek Pipeline. Utilization of water stored in Ziegler Reservoir and direct flow diversions of water from its East Snowmass Creek and Brush Creek water sources will provide a buffering effect from direct flow diversions fiom its Snowmass Creek water source, especially at times of low stream flow in Snowmass Creek. Water stored in Ziegler Reservoir could be used to: (1) supplement direct flow water source diversions during periods of high demand and low stream flows; (2) supplement or replace direct flow water sources that have been contaminated as a result of runoff or rainstorms that created turbid water conditions; (3) deliver water to the Water Treatment Plant for processing; (4j ResoluGion No.~ -2008 Page 3 deliver water to the Water Treatment Plant for processing to replenish operational potable water storage; (5) deliver water to the Water Treatment Plant for processing to replenish depleted potable water storage as a result of structural fires, forest or brush fires or other events that leave the potable system storage depleted; (6) provide a reliable source of stored water for protection against unforeseen events or circumstances that render water supply sources untreatable or unavailable. 6. Prior to submission of any development permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a revised "Non- Development Covenant for Ziegler Pond Lands." The Covenant shall be amended to allow development associated with the expansion of the reservoir for a public water supply. 7. Prior to the proposed expansion of the reservoir, Applicant shall obtain an earthmoving permit from the County for applicable maintenance activities including the repair, construction and installation of pipelines and utilities within easements, the rehabilitation, construction and installation of a subgrade pump station, maintenance of the reservoir and compliance with directives from the Division of Water Resources of the Department of Natural Resources. The permit application shall include: A. A description of the maintenance activities. B. A copy of the directive from the Division of Water Resources, if applicable. C. An erosion and sedimentation control plan, if applicable. 8. Applicant shall obtain an earthmoving permit from the County for the proposed expansion of the reservoir, including work within the utility easements. The permiY application shall include: A. A copy of a Notice of Intent and an approval letter from the State Engineer's office along with any other required state permits. B. Documentation of adequate water rights. C. A State Stormwater Permit for the disturbance of more than one (1) acre of soil. D. An erosion and sedimentation control plan. E. A tree removal mitigation plan as proposed in the application. F. A revegetation plan for the wetland areas to be reviewed and approved by Pitkin County staff prior to permit issuance. Financial security may be required for the revegetation of the disturbed areas. 9. Applicant shall obtain an Access Permit from the County to realign a portion of Ziegler Divide Way. The permit application shall include: A. A tree removal mitigation plan. B. A revegetation plan to be reviewed and approved by Pitkin County staff prior to permit issuance. Financial securiTy may be required for the revegetation of the disturbed areas. 10. A Construction Management Plan shall be submitted with all development permits. All on-site staging shall occur within the activity envelope. 11. Prior to submission of the earthmoving permit application for reservoir maintenance or the reservoir expansion, whichever occurs first, the Applicant, in consultation with the Division of Wildlife, shall conduct a boreal toad survey utilizing standard survey protocol in the spring. If a breeding population is found, the Applicant shall create and implement a mitigation plan, which shall be reviewed and approved by the Division of Wildlife. Resolution No.~l~ -?008 Page 4 12. The side slopes of the reservoir shall be 5:1 or a minimum of 3: l, escept where the pipeline and pump station will be located. Applicant shall eonstruct a littoral shelf along the edge of the pond and plant with wetland vegetation. 13. If any area of the proposed expansion of the reservoir is lined, other than the dam structure, the liner shall be covered with a minimum of 2' of topsoil from the high water Ievel to a depth recommended by the Division of Wildlife. 14. Construction workers shall not bring dogs on-site. A bear proof trash container shall be provided on- site during construction for all edible and food-related trash. 15. Prior to submission of any development permit applieations related to the expansion of [he reservoir, the Applicant shall be required to submit for approval by the County Attorney and Community Development the Subdivision Exemption Plat and Site Plan/Activiry Envelope Plan. The above referenced approvals shall be a condition precedent to finalization and recordation. A. The Site Pian shall be amended to identify the location of the dam and the underground pump house. B. The Exemption Plat shall be amended to include a BOCC signature block rather than a Community Development Director signature block. 16. This master plan for the reservoir shall allow 0' setbacks on all sides of the reservoir parcel to accommodate changes in grade of more than 30" in height up to the property boundaries. 17. As some of the work associated with the realignment of the driveway will occur on the adjacent Ziegler Family parcels, which will not be subject to the P-I master plan, the Applicant may be required to obtain variances from the Board of Adjustment for development within the setbacks on those parcels if the grade will be changed by more than 6'. Approval of an activity envelope within such setbacks does not assure approval of a variance. 18. Statutory vasted rights for the approvals contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject m the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., §?.4-68-105. The statutory vested rigbts granted herein shall expire on May 14, 2018. Resalulion No. a'7~-200~Y Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIbIES WEEKLY on the 9'~ day of March, 2008. APPROVED AND ADOPTED on the 14`~' day of May, 2008. PUBLISHED AFTER ADOPTIQN FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the'dd' day of~~h,~, 2008. A Jones, Clerk~4¢ the BOCC « VED AS TO CONTENT: n~uben Community Development Director BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By ; I c,~',X~ /"/,~ ~,~°<[ ~ orothea Farri~ ice-Chair ~i2r- ~ APPROVED AS TO FORM: John Ely `' County Attarney P081-07 PID 27302312006 & 273303100002 ~ ~ I . , ';, ; . ('' ~ROPERTY DESCRIPTION SNOWMA55 WATER ANO SANITATIDN DISTRICT BOUNDARY DESCRIPTION 3ESULTING PARCEL A PARCEL OF LAND SITUATED IN TRACT 47 AND TRACT 51, SECTION 2, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE SIXTH ?RINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO; SAID PARCEL BEWG MORE PARTICULARLY DESCRIBED AS FOLIOWS: COMMENCING AT ANGLE POWT N0. 8 OF SAID TRACT 51, BEING THE SAME AS ANGLE POINT N0. 1 OF TRACT 50, A GLO 3RASS CAP IN PLACE, THE POINT OF BEGINN~NG~ THENCE N89'52'07"W ALONG THE SOU7HERLY BOUNDARY OF SAID TRACT 57 A DISTANCE OF 38.35 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY ALONG THE ARC OF A NON-TANGENT CURVE TO iHE RIGHT HAVING A RADIUS OF 117.15 FEET AND A CENTRAL ANGLE OF 70'38~42", A DISTANCE OF 144.45 FEET, (CHORD BEARS N03'OS'45"W A DISTANCE OF 135.47 FEET); THENCE N32'14~36"E A DISTANCE OF 40,98 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVF TO THE LEFT HAVING A RADIUS OF 459.36 FEET AND A CENTRAL ANGLE OF 21'S0'01", A DISTANCE OF 175.05 FEET, (CHORD BEARS N26'06'15°E A DISTANCE OF 173.99 FEET); THENCE N15'11~15'E A DISTANCE OF 214.50 FEET; THENCE N19'14'34"E A DISTANCE OF 189.10 fEET; 7HENCE ALONG iHE ARC OF CURVE 70 iHE RIGH7 HAVING A RADIUS OF 270.33 FEET AND A CENTRA~ ANCLE OF 108'33'15", A DISTANCE OF 512,17 FEET, (CHORD BEARS N73'31'12"E A DISTANCE OF 438.93 FEET); THENCE S53'11'36"E A DISTANCE OF 290.77 FEET; THENCE ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 273.11 FEET AND A CENTRAL ANGLE OF 49'39'13", A DISTANCE OP 236.68 FEET, (CHORD BEARS 528'21'S9"E A DISTANCE OF 229.34 FEET); THENCE S38'10'24"E A DISTANCE OF 89.23 FEET; iNENCE S14'07'36°W A DISTANCE DF 216.D4 FEET; THENCE 502'07'39°W A DISTANCE OF 113.00 FEET; THENCE 526'23~21"W A DISTANCE OF 121,96 FEET; THENCE S42'16'15"W A DISTANCE OF 77.54 FEET; THENCE S89'08'19°W A OISTANCE OF 120.57 FEE7; THENCE N70'S6~04°W A DISTANCE OF 43.99 FEET; THENCE 581'07'S0°W A DISTANCE OF 89.58 FEET; THENCE N83'58~76°W A DISTANCE OF 221.08 FEET; THENCE N87'12~34"W A DISTANCE OF 209.52 FEET; THENCE N85'24~00"W A DISTANCE OF 100.68 FEE7; THENCE N72'S7~22"W A DISTANCE OF 43.97 FEET; THENCE N38'15~21"W A DISTANCE OF 7.30 FEET TO A POINT ON THE WESTERLY BOUNDARY OF TRACT 47; THENCE N00'07~37"E ALONC SAID WESTERLY BOUNDARY A DISTANCE OF 40.28 FEET TO THE POINT OF BEGINNING~ SAID PARCEL CONTAINING 17.534 ACRES, MORE OR LESS. TO COLOF2AD0 LAW YW MUST COMMENCE ANY LECAt ANY DEFECT IN hilS SURVEY N7THIN THREE YEARS :O~ER SUCH DFFECT. IN NO EYENT AIAY 4NY AC710N ECT IN THIS SUftvEY BE COMMENCED 1AORE THAN 1EN E OF CERTIFICATION SHONN HEREON, 3 RECEPTION#: 550820, 07~0~~200$ at qpp~(~~~p BY CONTRA~T # ~ 3 -,~G~'~ os:51:36 AM, ~E~~LUTION 1 oF 4, R$21.00 Doc Code AMEND CO Sanice K. Vos Caudilt, Pitkin County, f,~ ~~J•~ ~. `~^(i'~~' ._.__... 1 ST AMENDMENT TO NON-DEVELOPMENT COVENANT AND NON- DEVELOPMENT DEED RESTRICTION THIS 1ST AMENDMENT is made and,.,entered i~~o by and among Ziegler Pitkin County Colorado PropertX,, a: Wisconsin pa~r~er~'-:.~, ~ereinafter referred to as "Ziegler," Zipcorp, Inc., a Colorado cor'poration;'~~r~.rd*'~r referred to as "Zipcorp," and the Board of County Commissioners of Pi},~~: ~;~ ~~nty, Colorado, hereinafter referred to as the "BOCC." WiTNESSETH: WHEREAS, on or about Aprif 23, 1990, Ziegler and Zipcorp made a certain Non- Development Covenant for Ziegler Pond Lands restricting the lands described therein and agreeing that there would be no amendment to the Covenant without the approval of the BOCC, that was filed for 'record in the Office of the Clerk and Recorder of Pitkin County, Colorado in Book 623 at Page 880 as Recept'son No. 329919, hereinafter referred to as the "Covenant"; and WHEREAS, on or about April 23, 19~~, Ziegler and Zipcorp made a certain Non- Development Deed-Restriction for Ziegler Owned S.ubdivi5~on Lands restricting the lands described therein and agreeing~ that tfiere woald'bP nn amendment to the Deed Restriction without the approval of th;e,.~0~~;`.tliat w?; file~' :. ~~ ~ ecord in the Office of the Clerk and . .~. , . Recorder of Pitkin County;~ Co'forad~ ~;~ ~ ~~.~;~ ~~~i at Page 882 as Reception No. 329920, hereinafter referred to as t'he "D~~,~ r~>:~~riction"; and WHEREAS, Ziegler ~~~ :_ipcorp have entered into a contract to sell lands that are encumbered by the Covenant and the Deed Restriction to the Snowmass Water and Sanitation District, a Colorado special district, hereinafter referred to as "SWSD"; and WHEREAS, SWSD has requested Ziegler, Zipcorp and the BOCC to clarifythatthe development activity approved by the BOCC by Resolution No. 053-2008 that was filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado Reception No. 550139 and by Ordinance No. 013-2008 tnat was filed for record in the Office of the Clerk and Recorder of Pitkin County, Coiorado as Reception No. 550138 does not conflict with the development contemplated under the Covenant and the Deed Restriction. NOW, THEREFORE; for good and vafuabfe c~?rsideration, the adequacy and sufficiency of which is hereby ackriovirledgecf;~Ziegi~,. Zipcorp and the BOCC covenant, agree and amend the CaVen~ar~t'_'and`~h'e ~':~~d ::~~iriction as foflows: . -. : ~>~~`~r~,; Page 1 of 4 1. Covenant Ameiidment~:`'The Covenant is ~mended as follows: ; t., ,,.~,,. .;; ~ `;' : a. Paragraph No. 6 is'amen~"~;~~ ~;~ the addition of the following at the end of the Paragraph: 6. ... In areas Urr~ere this Covenant encumbers real property that is owned by the Snowmass Water and Sanitation District or in areas where the District has an interest in such real property by easement, the written consent of the Board of Directors of the District is required. b. A new paragraph No. 7 is added, as follows: 7. Nothing contained herein will preclude, inhibit or impair development activities to be conducted on the Non-Development Covenant Lands as authorized and contemplated in Board of County Commissioners Ordinance No. 013-2008, and in Resolution No. 053-2008. 2. Deed Restrictic~n`~.A%n~ndrrient~'~~~ie De?~ Restriction is amended as follows: '~~ , . a. Paragraph No. 5~ is. amer?:~~~ r»,; ihe addition of the foliowing at the end of the Paragraph: ~ 5. ... In areas v~,~i~ere this Deed-Restriction encumbers rea{ property that is owned by the Snowmass Water and Sanitation District or in areas where the District has an interest in such real property by easement, the written consent of the Board of Directors of the District is required. b. A new paragraph No. 6 is added, as follows: 6. Nothing contained herein will preclude, inhibit or impair development activities to be conducted on the Non-Development Deed-Restricted Lands as authorized and contemplated in Board of County Commissioners Ordinance No: 01.3'-2008 and in Resolution No. 053-2008. 3. Conflict. Any ~~~1tli,ct'~b:e:twe:eri,_ttie Cc~~~;~=~ant and this 1St Amendment will be resolved in favor of this 1s`:A:rlie,ntlment. %'.r~y conflict between the Deed Restriction and this 1 St Amendment will be°~reso'I've~a ~;~~ ;~~ror of this 1St Amendment. 4. Amendment or Mo~i~i~~iion. This 15t Amendment may be amended or modified only by a document in writing, executed by Ziegler, Zipcorp, the BOCC and SWSD, and filed for record in the Office of the Clerk and Recorder of Pitkin County, Colorado. Page 2 of 4 ; . . , 1. . , '~ i:' '" . t.'1'~, ~~ . ,~1~.:~~_ " . ~ . 3i,::. :;; ~ ~": ,, , . . , : 5. Bindin . This 1'' ~^~~~,~~+nent will be binding upon and inure to the benefit of Ziegler, Zipcorp, the BOCC ;<i~_.~ SWSD and their successors and assigns. IN WITNESS WHEREOF, Ziegler, Zipcorp and the BOCC have caused this 1St Amendment to be executed by their authorized representatives. Ziegler Pitkin County Colorado Property, a Wisconsin partnership By: ,;:s .,.u., ,t,~_ ~~ Peter D. Zi e ';-r~' f t' ` Managing Partner~':;•. ~-:+~~_'+~ ~: : , Dated on June ~(' 200~ Zipcorp, Inc., a Colorado corporatio Bv: ' Petar D. Ziegie resident ~fdted .iune3~, 2008 APPROVED: Snowmass Water and Sanitation District, a Colorado special district By: David F. Sp nce, President Dated June ~, 2008 ~, '. , Board of County Commissioners of Pitkin County, Colorado By: ~ J ck Hatfielci, airM~-H- qated .~~--- ;-~o ~ c~vi~ ~'~ `~-~O~u (Acknrn~;~;e~:~ments on following page.) Page 3 of 4 r. - , . + ;~. ~ , ACKNOWLEDGMENT STATE OF WI,~C~OY1S-',(~1) ) ss. COUNTY OF~()~,~ 1 nG{~r~~ The foregoing 1St Amendment to Non-Development Covenant and Non- Development Deed-Restriction was acknowledged before me by Peter D. Ziegler as Managing Partner of Ziegler Pitkin County Colorado Praperty, a Wisconsin partnership and by Peter D. Ziegler as. President of Zipcorp, Inc., a Colorado corporation on June ,~ O , 2008. WITNESS MY HARIC) Ai~±~ ~.:r~ ~~:IAL SEAL. My commission ex~~r~~~" ~ ~. LgEfV F \~~T AR~ ? -.~- ~A~B~~G STATE OF COLORADO COUNTY OF PITKIN )~ ) ss. } The foregoing 1St Amendment to Non-Development Covenant and Non- Development Deed-Restriction-v~i~'s'acknowledged befc~re me by Jack Hatfield as Chair of the Board of County Commissioners of Pitkin Cou~~ty, Colorado on .k-~e ~, 2008. ~ ~~Y WITNESS MY HAfVD AND ~F~=~r:,N.! SEAL. My commission expire~: ~~L - ~/ -Z ~'~`~f ~~~ p,R1'.pU~`! . ;y ~ : L YNp~~ ~ : : ~~AN • .~ ~• . ~~~F CO~ ,~~ ,~ - ~~' tary Public ~ Page 4 of 4