HomeMy WebLinkAboutbocc.res.114.2008RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO GRANTING APPROVAL TO COLLINS SUBDIVISION/PUD CONCEPTUAL
SUBMISSION, 1041 HAZARD REVIEW AND GMQS EXEMPTION
Resolution No. ~-2008
RECITALS
Harry A. Collins, Trustee of the Harry Anthony Collins and Judith Allen Collins Revocable Trust
Agreement ("ApplicanY') has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") requesting the following approvals:
A. Resubdivide Tracts 8 and 9 of the McCabe Tracts into 3 lots: one containing 58 acres and the
Aspen House (Tract 8); one containing 14.5 acres and the Hex House (Tract 11); and one
containing 32 acres and the duplex, which would be replaced with a new single family residence
(Tract 9).
B. PUD to vary the size of Tract 11 in order to keep the pastures intact.
C. Rezone Tract 9 from AH to RS-30.
D. Rezone two sites on the Fathering Parcel from RS-30 to AH: the existing ranch manager's
residence and a new site where the deed restricted duplex from Tract 9 will be replaced (this will
result in an increase in on-site employee housing units from 5 to 6).
E. GMQS Exemption to replace the existing deed-restricted duplex on Tract 9 with a new duplex on
the old shop site on the Fathering Parcel; and to deed restrict the ranch manager's residence and to
utilize the development right currently associated with the Ranch Manager's House to construct a
new "replacemenY' free market single family residence on Tract 9.
F. 1041 hazard review to establish building emelopes on Tracts 8, 9 and ll to accommodate the
redevelopment of the existing residences, and on the Fathering Parcel for the new duplex and the
ranch manager's residence.
2. As a result of this application, there will be no increase in the number of free market units (currently -
Aspen House, Hex House and Ranch Manager's House; after resubdivision - Aspen House, Hex House
and new residence on Tract 9) and there will one additional deed restricted unit (the Ranch Manager's
House).
3. The properties are located on Rose Spur Road and McCabe Ranch Road in Snowmass, and are more
specifically described as Tracts 8 and 9, J.H. McCabe Tracts and the Fathering Parcel of the McCabe
Ranch Low Impact Subdivision, which is more specifically described in Exhibit A.
4. Tract 9 is zoned AH and contains 1 acre. Tract 8 and the fathering parcel are zoned RS-30/PUD and
contain 104 and 95 acres, respectively.
5. The BOCC granted final subdivision approval to the J.H. McCabe Tracts pursuant to Resolution No.
80-90.
A. Tract 8 contains two existing residences ("Aspen House" and "Hex House") and a number of
agricultural buildings, all of which were built prior to the subdivision. The subdivision approval
did not prohibit further subdivision of Tract 8. If Tract 8 was further subdivided, Resolution No.
80-90 specified that one additional employee housing unit (rental or sale) would be required.
The Hex House can be replaced with a residence of un to 5J50 cnnarr fPPt of floor area, exempt
RECEPTION#: 553811, 10l2812008 at
10:58:17 AM,
1 OF 9, R$0.00 Doc Code RESOLUTION
~~~~ n j Janice K. Vos Caudilt, Pitkin County, CG
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Resolutron Na ~-2008
Page 2
from growth management. A growth management allotment for additional floor area was granted
to the Aspen House pursuant to BOCC Resolution No. 078-2004, which granted 3,750 square
feet for a total of 8,250 square feet of floor area; a Covenant memorializing the commitments
made in the growth management application was recorded as Reception #507539. This allotment
was vested for ] 0 years (to December 1, 2014). As part of the growth management application,
the Applicant committed to preserve the Irrigator's Cabin and Historic Barn on Tract 8 and
designate these structures to the County's Historic Inventory; a Covenant was recorded to
memorialize this commitment (Reception # 507539). The growth management covenant includes
a commitment not to seek incentives in the future for the preservation of the historic structures.
B. Tract 9 contains a duplex constructed in the 1970s. The tract was rezoned to PMH in 1993 and
deed restricted.
6. The BOCC granted final subdivision approval for the McCabe Ranch Low Impact Subdivision,
pursuant to Resolution No. 94-33. The Fathering Parcel has a designated envelope for the Collins
home site, which was created in 1981 through a special review process whereby the BOCC affirmed
the pre-existing legal status of a single family dwelling unit and permitted its replacement with a new
single family residence. The Fathering Parcel also contains the Sopris House, the Ranch Manager's
House, 3 employee housing units, several agricultural structures and the former ranch shop. Growth
management allotments for additional floor area were granted pursuant to BOCC Resolution No. 136-
2004: 2,500 square feet to the Collins home site for a total of 8,250 square feet of floor area; 2,650
square feet to the Sopris House for a total of 5,750 square feet of floor area; and 1,100 square feet to the
Ranch Manager's House for a total of 3,000 square feet of floor area. A Covenant memorializing the
commitments made in the growth management application was recorded as Reception #507540.
These allotments were vested for 10 years (to December l, 2014).
7. The Pitkin Counry Planning and Zoning Commission considered the proposed application at a regularly
scheduled meeting on October 3, 2006, and recommended approval by a vote of 3-0.
8. The BOCC considered the proposed application at duly noticed public hearings on September 24 and
October 8, 2008.
9. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the
Collins Subdivision/PUD Conceptual Submission, 1041 Hazard Review and GMQS Exemption, subject
to the following conditions, which shall run with the land and be binding on all successors in interest:
l. The Applicant shall adhere to all material representations made in the application or in public meetings
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
2. With the Detailed Submission/Final Plat application, the Applicant shall submit the following:
A. Detailed design limitations (possibly including height limitations) and landscaping proposals to
address the visual impact of the replacement residence on Tract 11.
B. Detailed drainage report. Recommendations for required drainage improvements shall be included
in the draft Subdivision Improvements Agreement.
C. Erosion/sedimentation control plan.
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D. Plan for the reroute of the Lower Green Meadow Ditch to avoid the building envelope on Tract 9.
E. Plan to de-water and mitigate for potentially unstable slopes at the old shop site where the new
duplex will be Iocated.
F. Specific plan for improvements to the existing water storage and distribution system.
G. Detailed design for road/driveway improvements. Commitments to pay for and install the
improvements shall be included in the subdivision improvements agreement.
H. Proposal to avoid or offseUreduce the employee housing exaction fee, based on previous and
proposed on-site employee housing mitigation.
I. Drafr Subdivision lmprovements Agreement.
J. Draft deed restrictions for the duplex units and the Ranch Manager's House. The duplex shall be
deed restricted as a category 3 rental unit, with priority given to employees who work on the
property. The Ranch Manager's House shall be deed restricted as an RO unit. Employees on the
ranch shall have first priority to rent the units, but if there are no qualified ranch employees, the
units shall be provided to any other qualified Pitkin County employee.
3. Concurrent with recordation of the Final Plat, the Applicant shall record the Subdivision Improvements
Agreement and employee housing deed restrictions.
4. The replacement duplex shall be constructed prior to or concurrent with the new residence on Tract 9.
The building permit for the Tract 9 residence shall not be issued prior to the building pertnit for the
duplex; the final inspection for the Tract 9 residence shall not occur prior to the final inspection for the
duplex; and the Certificate of Occupancy for the Tract 9 residence shali not be issued prior to the
Certificate of Occupancy for the duplex.
5. Prior to issuance of building permits for expansion or replacement of the residences on Tracts 8, 9 and
1 1 or the new duplex, the Applicant shall:
A. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable.
B. Submit a drainage and erosion conVOl plan for review and approval by the County Engineer.
C. Obtain a driveway/access permit, if applicable, which shall be approved by the County Engineer
and the Aspen Fire Marshal.
D. Obtain an ISDS permit from the Environmental Health Department. The system must be designed
by a registered professional engineer, shall be located within the building or development
envelopes, and must comply with the setback requirements from surface and groundwater sources.
If existing systems will continue to be used, the Applicant must provide evidence of the bcation,
proper functioning and maintenance of the systems.
E. Make a cash payment in lieu of dedicating land to the RE-I School District, if applicable.
Calculation of the payment shall be based on the regulations in effect at the time of building permit
issuance.
F. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space, if
applicable. Calculation of the payment shall be based on the number of residents and the land
value at the time of payment.
G. Pay the applicable road impact and housing impact fees.
6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the building and development envelopes and install construction fencing around the
perimeter of the envelopes. The fencing shall remain in place until a Certificate of Occupancy is
issued.
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7. No development, including grading, excavation, £II placement, berming, landscaping, entry or ranch
gates, construction parking and staging, vegetation removal or disturbance, or septic system, shall
occur outside of the approved building and development envelopes, except to comply with the required
wildfire mitigation and to continue agricultural activities. Utility and driveway extension and
maintenance shall occur within approved building or development envelopes.
8. Only plant species listed in the Pitkin Counry Revegetation Guide (or species native to the site) shall be
utilized to revegetate areas outside of the building envelopes that are disturbed by construction of access
drives and installation of utilities, subject to a revegetation plan approved by the Natural Resources
Department prior to issuance of a Certificate of Occupancy. However, if agriculmral areas aze
disturbed, those azeas may be planted with agicultural crops that are not included in the Revegetation
Guide.
9. Exterior lighting shall comply with the Counry's lighting regulations in effect at the time of installation.
10. The Applican[ shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the building and development envelopes, with
the exception of agricultural areas.
B. Provide waste storage that complies with the County Code regarding bear-proof containers.
C. Avoid fruit-bearing trees and shrubs in any landscaping.
D. All new or replacement fencing outside of the building or development envelopes shall comply
with the County's standards for wildlife compatible fencing, except that fences that do not
comply may be permitted outside of the envelopes only to enclose Iivestock, subject to approval
by the Division of Wildlife.
E. All livestock/horse hay shall be fenced with 8' mesh wire fencing, and horse grains, pellets,
cookies, etc. shall be kept in bear resistant containers.
1 l. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush, debris, and non-omamental vegetation shall be removed within a minimum 10 foot perimeter
around the structure. Remaining omamental vegetation shall not include brushy or coniferous
species or flammable mulches. Aspen trees may be within ] 0' of the structure, but not within l Y of
a window.
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 30 foot perimeter 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 30' of all structures shall be pruned to a height of ] 0 feet
above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown sepazation within the 30 foot perimeter shall have a minimum of ]0 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 100' of all structures shall be removed.
I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
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J. Thinned oak brush, serviceberry or chokecherry stumps shall be painted with Garlon or equivalent
herbicide to prevent aggressive resprouting.
K. The applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
12. The Applicant shal] comply with the following wildfire mitigation standards:
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings aze
prohibited in all wildfire hazard areas. Roofs with Iess than a 3:12 pitch are not permitted unless
they comply with the following:
1) All roof coverings shall be wnstructed of non-combustible materials and installed on a Class
A roof assembly. All roof coverings shall have a surface that shall facilitate the natural
process of clearing the roof.
2) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roofline, such as parapets, shall be prohibited.
3) Roofs shall be installed as required by the approved building code and shall have a minimum
slope of 1:48.
4) All roof designs, coverings or equivalent assemblies shall be specifically approved by the
Fire Mazshal prior to submittal of a building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh'/< inch maYimum.
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 pazallel contour a minimum
of 15 feet away from any structure. '
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
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.
J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigation around any above-ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-
resistive construction on the exterior side of the walls.
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-combustible letters and shall be visible and
installed on a non-combustible post.
M. New utility lines shall be buried within driveways or designated envelopes.
13. To mitigate for potential hazards associated with the Mancos Shale bedrock, the Applicant shall:
A. Conduct foundation specific soils testing for each building site prior to building permit
application. Testing shall identify the presence or absence of swelling clay bedrock or soils, and
construction shall be modified accordingly.
B. Foundations for the replacement Hex House and the new duplex shall be designed and
constructed as retaining walls.
C. Foundations shall be drained by engineered surface and underground installations. Grading and
landscaping shall create positive drainage of surface water away from structures.
D. Excavations, including foundations, shall be adequately supported with or desgined as retaining
walls, with appropriate drainage on the up-slope sides.
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E. Subgrade drains or other methods shall be utilized to prevent uncontrolled infusion of inigation
water onto slopes.
F. Foundation design and construction shalt distribute weight sufficiently over cut and fill areas to
assure stability.
G. Cuts, fills and other excavations shall be minimized. Steepening of existing slopes shall be
avoided. AII disturbed areas not covered by construction will be graded so they can be
revegetated.
14. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
consumption and additional runoff within one growing season of the projecYs completion.
15. The Applicant shall comply with the County's Noxious Weed Management Plan.
16. The following measures shall be utilized for all new residences to lessen visual impacts:
A. Only natural, earth-tone materials that blend with the surrounding landscape shall be used.
B. Reflective roof materials shall be prohibited.
C. Natural topography shall be used to lessen visual impacts, where available and appropriate.
D. Existing vegetation shall be maintained to the extent possible.
E. Native vegetation shall be planted to supplement natural vegetation.
17. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
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INTRODUCED AND FIRST READ on the 24'h day of September, 2008.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 7'~ day of
September, 2008.
APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on
the 8`~ day of October, 2008.
PUBLISHED AFTER ADOPTION in the Asaen Times Weekly on the ~ day of I~j~~"~~r-~y
2008.
~ A TEST:
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BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By ~ ~
ack Hatfield, CJjairman
G~
Jones, Clerk tQJthe BOCC
APPROVED AS TO CONTENT:
~~/L-H4c.-~~ OZV~~
Cindy Houben
Community Development Director
APPROVED AS TO FORM:
~°_- -_
John Ely
CounTy Attorney
P138-06
PID 264505404008;264505404009;264507101001
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EXHIBIT "A"
LEGAL DESCRIPTION (~~.ld.er~11~ ~~'u I ~
A trect of land situate in Sections 5, 6, 7, 8 and 17 of Township 9 South, Range 86 West of the 6th Principal Meridian,
being more particularly described as follows:
Beginning at a point on the South line of Tract 1 of the J.H. McCabe Tracts, County of Pitkin, State of Colorado whence
the Northeast corner of said Section 5 bears N 39°45'01" E 5749.30 feet;
thence S 03°42'S4" W 641.12 feet along the West line of Tract 8 of said J.H. McCabe Tracts;
thence S 13°14'00" W 1390.00 feet along the West line of said Tract 8 and Tract 10;
thence S 07°48'00" W 786.94 feet along said West line of Tract 10;
thence S 07°48'00" W 613.06 feet along said West line of said Tract 10;
thence S 11 °33'00" W 1140.00 feet along said West line of said Tract 10;
thence S 17°46'00" W 430.74 feet;
thence N 90°00'00" E 1110.38 feet along the South line of said Tract 10;
thence N 11 °38'34" E 2134.51 feet along the East line of said Tract 10;
thence N 00°28'26" E 1255.00 feet along the East line of said Tract 10;
thence S 89°07'S9" E 95.13 feet;
thence S 01 °11'09" E 131.78 feet to a fence line;
thence along said fence line the following 15 courses:
1). S 00°27'08" W 1123.60 feet, thence
2). S 89°32'47" E 294.81 feet, thence
3). S 30°10'28" W 396.65 feet, thence
4). S 21 °57'S7" W 259.09 feet, thence
5). S OB°54'59" W 947.70 feet, thence
6). S 14°27'25" W 667.20 feet, thence
7). S 14°30'20" W 460.80 feet, thence
8). S 25°55'36" W 316.14 feet, thence
9). S 25°15'54" W 228.41 feet, thence
10).S 26°44'08" W 261.07 feet, thence
11).S 28°40'29" W 233.52 feet, thence
12).S 28°20'51" W 213.01 feet, thence
13).S 28°35'35" W 248.62 feet, thence
14).S 62°28'08" E 12.58 feet, thence
15).S 28°33'24" W 137.28 feet to the East line of Government Lot 3 of Section 17;
thence N 03°28'36" W 1473.69 feet along the East line of said Govemment Lot 3 and Lot 21 of Section 8;
thence N 88°22'16" W 1326.55 feet along the South line of Govemment Lot 20 of Section 8;
thence S 88°54'35" W 1309.39 feet along the South line of Government Lot 10 of Section 8;
thence N 01 °O6'24" W 1337.29 feet along the West line of said Government Lot 10;
thence S 89°14'27" W 1310.58 feet along the South line Government Lots 9 and 10;
thence N 00°25'09" E 228.87 feet along the West line of Government Lot 9;
thence N 30°08'10" E 494.02 feet;
thence N 40°04'10" E 867.70 feet;
thence N 41 °09'27" E 852.27 feet;
thence N 34°03'10" E 243.85 feet;
thence N 65°03'10" E 139.29 feet;
thence N 18°13'10" E 145.42 feet;
thence N 33°O6'32" E 104.69 feet;
thence N 60°38'10" E 78.84 feet;
thence N 41 °33'10" E 231.26 feet;
thence N 53°13'11" E 705.08 feet;
thence N 00°07'50" W 89.93 feet;
thence N 00°11'50" W 482.69 feet;
thence N 00°33'50" W 404.85 feet;
thence N 00°33'S0" W 88.65 feet;
thence N 00°24'50" W 122.60 feet;
thence N 38°35'39" E 1224.56 feet;
thence S 89°42'05" E 291.12 feet;
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thence S 87°41'50" E 133.51 feet;
thence S 01°57'00" E 157.23 feet;
thence S 02°09'00" E 380.25 feet;
thence S 02°04'00" E 190.99 feet;
thence S 02°04'00" E 199.55 feet;
thence S 02°08'00" E 377.76 feet;
thence S 02°10'00" E 60.00 feet;
thence N 72°39'29" E 783.21 feet to the point of beginning.
EXCEPTING from the above description McCabe Ranch Subdivision recorded April 28, 1994 in Plat Book 34 at Page 37-
39.
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