HomeMy WebLinkAboutbocc.res.085.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,GRANTING APPROVAL OF CONCEPTUAL SUBDIVISION,PLANNED UNIT
DEVELOPMENT,GMQS EXEMPTION,REZONING,AND SPECIAL REVIEW TO
ASPEN/PITKIN COUNTY HOUSING AUTHORITY FOR THE WOODY CREEK MOBILE
HOME PARK
Resolution No.OeS -2001
RECITALS
1. Aspen/Pitkin County Housing Authority("Applicant")has applied to the Board of County
Commissioners of Pitkin County, Colorado(`BOCC")for the following approvals for the Woody Creek
Mobile Home Park("Park"):
A. Subdivision/PUD Conceptual Submission to accommodate the subdivision of an 8 acre parcel
into 60 lots;
B. Rezoning of the entire park from SR/PUD(Special Residential/Planned Unit Development)
to MHP/PUD(Mobile Home Park/Planned Unit Development);
C. Special Review for Parking in the PUD; and
D. GMQS Exemption for deed-restricted resident occupied("RO")housing units.
2. The property is located on Upper River Road in the Woody Creek area. The Park is located to the
west of the Woody Creek Tavern and north of the new Woody Creek Post Office and Fire Station across
Upper River Road. The property is more specifically described in Exhibit A.
3. The Planning and Zoning Commission("Commission")at a regularly scheduled meeting on January
2, 2001, reviewed the application and recommended conditional Conceptual Subdivision approval to the
BOCC.
4. The BOCC heard the first reading of this application at a duly noticed public hearing on April 11,
2001, at which time evidence and testimony were presented with respect to this application.
5. The BOCC heard the second reading of this application on April 25,2001,at which time additional
evidence and testimony were presented with respect to this application.
6. The BOCC finds that the Applicant has complied with the applicable policies and regulations of the
Pitkin County Land Use Code and respective Master Plans,provided that conditions of this document are
adhered to.
7. The BOCC finds that the zoning of the Park shall be amended to allow for a maximum lot size of
3,000 square feet instead of a maximum of 5,000 square feet as required by the Pitkin County Land Use
Code.
8. The Applicant has requested approval to rezone the entire park from SR/PUD(Special
Residential/Planned Unit Development)to MHP/PUD(Mobile Home Park/Planned Unit Development).
The BOCC finds that Rezoning of the property shall occur at Final Plat.
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Resolution No. 2001
Page 2
NOW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant Conceptual Subdivision,Planned Unit Development,GMQS Exemption,Rezoning,
and Special Review approval for the Woody Creek Mobile Home Park, subject to the following conditions
which shall run with the land and be binding on all successors in interest:
1. Prior to Detailed Submission,the Applicant shall provide alternative site plans and work with the
Community Development Department to look at Planned Unit Development("PUD")solutions either within
the Land Use Code or through amendments. This shall include the possibility of moving existing units to the
new lots for safety reasons.
2. Prior to Detailed Submission,the Applicant shall resolvethe lot line discrepancies between
neighboring properties and the subject property.
3. At Detailed Submission the Applicant shall:
A. Submit a proposed Affordable Housing deed restriction with a final determination as to the type
of restriction to be made by the Board of County Commissioners.
B. Submit the proposed PUD Guide for the Park. The Applicant shall submit proposed standards
which shall,at a minimum, address floor area restrictions, structure height and setbacks.
Replacement trailers shall comply with section 3.270-040 to the maximum extent possible.
C. Submit a PMjo mitigation program to Environmental Health Department, for review and
approval. The plan shall propose specific and enforceable controls to fully mitigate or offset all
PMIo increases in the non-attainment area caused by the project.
D. Comply with the codes and requirements of the Aspen Fire Protection District. The Applicant
shall submit details on the proposed 10,000 gallon water storage tank and fire hydrant locations
should be provided. The location of the fire hydrants shall be identified on the utility plan. The
Applicant shall also provide dimensions on the proposed cul-de-sac.
E. Provide to the Environmental Health Department documentation that the well meets setback
requirements from wastewater treatment facilitiesand adjoining wells,and that quantity and
quality and storage capacity of the well water is adequate. This documentation is required prior
to action on any future State of Colorado site application for the wastewater treatment plant
upgrade.
F. Provide detailed design criteria,a funding plan and a time table for replacement for the
replacement of the existing wastewater treatment plant. The design criteria must be in a form
suitable for submission to the State of Colorado for review and comment.
G. The Applicant shall work with the Roaring Fork Transit Authority(RFTA)to determine a
suitable location for the bus stop that is currently located in front of the Woody Creek Tavern.
H. Submit drafts of the Protective Covenants and the Subdivision Improvements Agreement,
detailing improvements,their costs,and methods of financing.
I. Submit a Landscaping Plan and a noxious weed management plan, in accordance with the Pitkin
County Noxious Weed Management Plan for the entire Park.
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Resolution N6.5-2001
Page 3
J. Verify compliance of the proposed new 11 lots with"Solar Access"as outlined in section 3-60-
060 of the Land Use Code.
K. Verify compliance with open space requirements for the entire Park.
L. Address all intended uses on proposed Lot C. This shall include future operation of Woody
Creek Electric. If this use is proposed to continue,documentation shall be submitted to
determine if the use is legally nonconforming.
4. At Final Plat the Applicant shall:
A. Submit a Fugitive Dust Plan to the Environmental Health Department. The plan shall include
measures to ensure that dust does not become a nuisance and travel onto adjacent properties.
B. Submit a Drainage and Erosion Control Plan to the County Engineer for review and approval.
C. Provide documentation acceptable to the County Attorney chat the legal water supply plan is in
order.
D. Obtain a Right-of-Way Encroachment Permit from the County Engineer for the portions of the
Park that are located in the right-of-way of Upper River Road.
E. Submit, for review and approval by the County Engineer,a Construction Management Plan in
accordance to the Asset Management Plan prior to the Board of County Commissioners review
of Final Plat. 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.
F. With the Final Plat application,the Applicant shall submit will serve letters from utility
companies.
5. At the time of building permit application submittal for each Idt:
A. All addresses shall be clearly marked and visible with minimum 2"noncombustible 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.
B. A cash-in-lieu payment for school impact mitigation as required by the Land Lie Code for each
new unit shall be paid.
C. A cash-in-lieu payment for parks/recreation/open space mitigation as required by the Land Use
Code for each new unit shall be paid.
D. Pursuant to Ordinance No. 022-2000,the 11 new lots are subject to the Fair Share Requirements
and shall pay a road impact fee as calculated at the time of building permit issuance for each lot.
E. The Applicant shall submit an Access/Driveway Development Permit for review and
approval by the County Engineer for the new access for the new section of the Park. The
access shall comply with County standards outlined in the edition of the Asset Management
Plan in effect in effect at the time of issuance of the permit.
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Resolution No. 2001
Page 4
F. The Applicant shall record a Final Plat in accordance with Section 5-40-020 of the Land Use
Code which meets the approval of the Community Development Department and County
Attorney. The plat shall also include:
1) The location of the 8"outlet line that will service the Park bythe 100,000 gallon water tank
placed on the Elam property.
2) All parking shall be identified.
3) The refuse centers in the new and existing sections of the Park shall be identified
4) An easement for the Dinsmoor driveway along the south end of the subject property
acceptable to the County Attorney.
6. Landscaping and revegetation on the new lots shall utilize low water(xeriscaping)native plant
materials and concepts. The timing of any sprinkler systems shall be decreased for low water plants. All
areas disturbed by construction shall be revegetated within one growing season of project completion.
7. Street signs shall be installed. Street signs shall comply with Section 3.110-030 of the Pitkin County
Land Use Code,as well as the standards of the Aspen Fire Protection District.
8. Install and use approved bear proof garbage containers as required by BOCC Ordinance No. 010-
2001.
9. Lighting shall comply with the Pitkin County lighting standards at the time of installation.
10. At the time the water and sewer lines are constructed within the street, utility lines shall also be
buried if cost efficient.
11. Development of 30 inches above or below grade within the approved setbacks as part of the PUD
requires approval of a variance by the Board of Adjustment.
12. A fireplace/woodstove application must be filed and approved by the Community Development
Department prior to submittal of any building permit applications.
13. The Applicant is not required to submit annual reports attesting to conformance with the conditions
of this approval, nor is the proposed use required to commence within 12 months of the date of this approval,
as would otherwise be required under the Special Review provisions in the Land Use Code.
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. Approval of the conditions is contingent on the Rezoning of the property. If the property is not
rezoned at Final Plat,this approval shall become null and void.
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Resolution No.&-2001
Page S
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE LOTH MARCH
2001.
INTRODUCED AND FIRST READ AT THE REGULAR MEETING AND PUBLIC HEARING ON
I1TH APRIL,2001.
APPROVED AND ADOPTED AFTER SECOND READING ON THE 25TH OF APRIL,2001.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 2001. ! q� DAY OF
_�Jg�/ _
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, �LOR)DDO
L ee R. Dean Michael C.Ireland,
C.I d
Deputy County Clerk Chair
Date: ' or
6+?� '+
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
602�"
John Ely,., Cindy Houben,
C ttorney Community Development Director
Case#136-00
264304200034
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Order_Nunber: m256a1-cl
LEGAL DESC UPT70N
PARCEL 2:
A parcel of land situated in Section 16, rownship 9 south, Range 85 West of
the Sixth Principal Meridian, Pitkin County, Colorado, said parcel being more
Particularly described as fol2ovs:
Beginning at a point an the westerly right-of-vay Zino of the- Denver i Rio
Grande Western Railroad whence the North 114 Carnet of said Section 16 bears
North 17°13130" beat 2803.20 feet; thence South 75008.00" West 168.03 feet
along the Northerly line of a parcel of land described in Reception No.
113934, flied in the Pitkin County Clerk and Recorder's office to a point an
the Westerly edge of an existing County Road in place, The True Point of
$egg Arcing: thence the folloving three (3) courses along the Westerly
right-of-way of said existing County Road:.,
_. 1. 183.59 feet along the arc of a curve to the right having a radius of
1595.52 feet and a central angle of 060351341, and a chord bearing
North 08 054,58 0 West 183.49 feet; thence
2. Yorth 05037110 West 454.70 feet; thence
3. 250.03 feet along the arc of a curve to the left having a radius of 850.00
feet and a central angle of 16'51114", and a chord bearing North 14'02'47'
West 249.13 feet;
thence leaving said Westerly right-of-way line South 66°45'18' West 82.01
feet j
thence North 66045'18" Past 81.11 foot to a point on said westerly
right-of-way line;
thence North 23 051 ,20, West 291.27 feet to a point on the Southerly boundary
line of a parcel of land described in Reception No. 202309, filed in the
Pitkin County Clerk and Recorder's office;
thence South 90600'00" West 77.81 feet along said Sauther.Zy line to the
Northwest Corner of the original Underwood Parcel as described in Book 497 at
Page 634 in the Pitkin County Clark and Recorder's office;
thence South 00"05'11" West 1396.37 feet along said Westerly, line of the
original Dndervood Parcel 'a the southwest Corner of said Underwood Parcel;
thence North 62.241000 East 244.73 feet along the Southerly 3oundary Line of
said Underwood Parcel;
thence continuing along said Southerly 1.1.ae North 75208100» East 163.38 feet
to the Point of seg=nn.ing.
PARCPL 3:
A parcel of land situated within a parcel of land as described In Book 497 at
Page 634 in the Pitkin CO my Clerk and Recorder's Office, section 16,
Tovnship 9 south, Range 85 West of the sixth Principal Meridian, County of
Pitkin, Colorado, being more particularly described as follows:
Beginning at the Northeast Corner of acid parcel of land described in Book 497
at gage 634, said point also being an the Westerly right-of-way line of the
Denver 4 Rio Grande Aestern Railroad, the Prue Point of Beginning;
thence the following three (3) eaurses along said Westerly right-of-vap lime
Continued on next page
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C"tinuation of Schedule A - Legal Description
Order Number: 00013601-C4
and the Easterly boundary Iine of said parcel of land as described in Book 497
at Page 634; South 24*02 '3711 Seat 364.31 feet;
thence 226.8a feet along
feet
1382.68 feet the arc of a curve to the right having a radius of end a central angle of 03024 •06", and a chord of whic h bears
th
Sou 19.20.34" least 226.63 feet;
thencs South 14.38.31' East 121 .33 feet;
thence leaving said Westerly, right-of-vay Zine and 8asterly boundary lute
R
County Road;
South 7 .22'33" West 51 .70 test to a point on the Easterly edge of an existing
thence the following four (4) courses along said County Road;'
South 06.37121" East 232.22 feet;
thence South OS•22151" East 224.26 feet,
thence'scuth 06022 W" Sast 122.82 feet;
thence South 11.16'10" Bast 80.49 feet to a point on the Southerly boundary
line of said parcel of land described in Book. 497 at Page 634;
thence leaving said County Road, along said southerly line
43.61 feet; SouthSoth 75•OS'00 pest
thence leaving said Southerly line 183.59 feet along the arc of a curve to right having a radius of 1595.52 feet and a central angle of 06.35' the
34", and a
Chord which bears Xorth 08.54 ,58, west 183.49 feet;
thence North 05.37'10" West 454 .70 feet;
thence 250.03 feet along the arc of a curve to the left having a radius of
850.00 feet and a central angle of 16.51 '14", and a chord which bears
North 14°02 '47" West 249.13 feet;
thence leaving said Westerly right-of-way line South 66045'1
feet; 8" pest 82.01
thence North 23014 '42" pest 107.67 feet;
thence Perth 66.451180 Sant 81.11 right-of-vay,line; feet to a point on said Westerly
thence Forth 1395I120" rest 291 .27 feet to a point on the Pcrtherly boundary
line of said parcel of land descr1bed .in Bock 497 at Page 6341
thence along the PortberZy Boundary line Forth 90.00'00"nn East 6T.61 teat to
the True Point of Beginning.
• �CCEPTZNC4 ?R1;REr'R01'! ,� parcel of land situated within a parcel cf land
described in Book 497 at page zA Pitkia County Clerk and Recorder's Office,
section 16, Township 9 south, Range 85 West of the Sixth Principal Meridian,
Pitkin County, Colorado, being more particularly described as follow:
Begirsn.ing at the Northeast Corner of said,-parcel of land described in Book 497
at Page 634, said point also being on the, Westerly right-of-way line of the
DeAver 6 Rio Grande Weatern Railroad, the ?rue Point of Beginning; thence the
following three (3) coIIrses along said westerly right-of-way line and the
easterly boundary line of said parcel of land as .described in Book 497 at Page
634; South 24.02137" Bast 394.51 toot;
thence 226.88 feet along the arc Of a curve to the right having a radius of
1382.68 feet and a central angle of 091124106", and a chord of whiah bears
South 19020.134" Sast 226.63 feet;
thence South 14°38'31" East 121.33 feet;
Continued on Butt page
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Continuation of Schedule A -- regal Description
Order Vimber. 00025601-C4
thence leaving said Westerly right-of-way line and easterly boundary .11ne
South 79.22153" West 51.70 feet to a point on the easterly edge of an ousting
County Road is place;
thence the following four (4) courses along said county Road;
South 06.37121" East 132.22 feet;
thence south 05'22 '52" Sast 224.26 feet;
thence south 060221484 Bast 122.82 feet;
thence South 11 °16.10, Bast W.49 feet to a point on the southerly baundarp
line of land described is Book 497 at Page 634;
thence leaving said county road, along said southerly line South 751208.Cow
West 43.61 feet;
thence leaving said southerly lute 183.59 feet along the arc of a curve to the
right having a radius of 2595.52 feet and a central angle of 06035'340, and a
chord Which bears Forth 08.54158" West 193.49 feet;
thence march 051137'100 West 454.70 feet;
thence 270.54 foot along the arc of a curve to thee left having a radiu
r s of
850.00 feet and a central angle Of 1s°14'09", and a chord which bears -
Noth 14144 '15, West 269.39 feet;
thence Morth 23°51120w West 379.44 feet to a point on the northerly boundary
of Said parcel of land described in Book 497 at Page 634;
thence along said northerly boundary line North 90.00.00" East 67.61 feet to
the True Point of 9eginwing.
CO0y7r aF P_TRSN, STATE O.FiC?LORADO.
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