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HomeMy WebLinkAboutpitkin.planning.264511401002HAAS LAND PLANNING, LLC July 22, 2009 Mr. Lance Clarke, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: Lot 2, Davis/Donnelly Lot Split (4305 Snowmass Creek Road; Parcel ID No. 2645-114-O1-002) -Minor Amendment to a Development Permit Dear Lance: I represent Chris Reither and Four Forks, LLC, owner of Lot 2 of the Davis/Donnelly Lot Split ("the D/D Lot Split"). Lot 2 is slightly more than 149 acres in size. The purpose of the proposed Minor Amendment is to clarify the language of the "floor area" limitations contained in the applicable approval documents does, indeed, provide the right under current Land Use Code provisions to build a"barn(s)" of up to 58 square feet per acre exempt from both the calculation of floor area and the floor area limitations of the D/D Lot Split approvals. The General Submission approval for the D/D Lot Split was granted pursuant to BOCC Resolution No. 90-25, while Final Plat approval was granted pursuant to BOCC Resolution No. 91-93. Condition number 7 of Resolution No. 91-93 reads as follows: "The maximum total floor area shall be limited to 7,500 sq. ft. in each building envelope (including barns, art studio and any other accessory structures)." Everywhere the restriction is stated, it is relative to 7,500 square feet of "floor area." For example, Resolution No. PZ-90-1 and BOCC Resolution No. 90-25, both at condition number 7, contains the exact language cited above. Resolution No. 91-93, at condition number 12.a.(2), also states that, "... the maximum total floor area for each lot shall be limited to 7,500 square feet within each building envelope, (including barns, art studio and other accessory structures)." The same Resolution (91-93) requires, at condition number 14.c., that a plat note be added stating, "that the maximum total floor area for each lot is limited to 7,500 square feet within each building envelope, (including primary residence and other accessory structures)." In consistent fashion, the Subdivision Improvements Agreement (recorded in Book 664 at Page 996) contains a "Floor Area Limitation' with similar language under its Article 9, which states that, "The total allowable floor • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO 8161 1 • PHONE: (970) 925-7819 FAX: (970) 925-7395 OOJ~~ ~ 6~ 13 Lat 2, Davi rl Donnelly L.ot Split - MinarAmendmeut Application July 22, 2009 Page 2 area for each lot, including employee dwelling units, agricultural out-buildings and all permitted accessory structures, shall be 7500 square feet." Finally, the exact language of the Subdivision Improvements Agreement is included as the "Floor Area Limitation' under Article 7 of the Deed of Conservation Easement. Any and all references to size limitations are specifically stated as "floor area' limitations. When Mr. Reither was purchasing the property in 2004, he was provided with a written and signed confirmation from you (copy attached) stating that, I [Lance Clarke] agree that the Davis/Donnelly Lot Split qualifies as a County approved subdivision. Therefore, under the currently adopted Pitkin County Land Use Code, Lot 2 of the Davis/Donnelly Lot Split is permitted to develop the 7,500 sq. ft. of floor area that is specified in Resolution 91-93. The County will calculate floor area for the property based on the Land Use Code definition of floor area that is in effect at the time of building permit. Later in 2004, Jody Edwards (attorney) argued on behalf of Mr. Reither that the D/D Lot Split approvals did not specify that the 7,500 square foot floor area limit was to be based on the Land Use Code definition of floor area in effect at the time of building permit; instead, Mr. Edwards argued this limit should have been based on the rules in effect at the time of the land use approvals. Mr. Edwards' arguments were unsuccessful as the County, with advice from the County Attorney, maintained its position that the floor area limit is based on the rules in effect at the time of building permit application. Consequently, Mr. Reither was denied the right to develop 750 square feet of exempt garage and 4,000 square feet of exempt below grade space due to land use code changes enacted between the time of the land use approvals and his purchase and the time of his building permit application. Mr. Reither then relied upon the County's determination in preparing plans, submitting a building permit and developing a home without exempt below grade or garage space. While Mr. Reither and Lot 2 of the D/D Lot Split lost significant development rights as the result of Code amendments that were duly adopted prior to his application for a building permit, there have since been additional duly adopted Code amendments that clearly run in his favor. In the current case, the Code now makes clear that up to 58 square feet of "barn' (as such is defined and limited in the Code) per acre of land area is exempt and does not count as floor area. l1®~Jvn~ L.at2, Davin/DonnellyLat Split-MiuorAmendmentApplication July 22, 2009 Page 3 As mentioned above, when the D/D Lot Split was approved, both lots were then entitled to 7,500 square feet of "floor area," which at that time also allowed the development of each lot to include another 750 square feet of garage as well as another 4,000 square feet of below grade space because garage and below grade spaces were not considered "floor area." However, when that rule changed in 2000 making garage and below grade spaces count as "floor area;' the County took the position that the ability to add such spaces above and beyond the 7,500 square foot limit was lost (implicit in this position is agreement that the ability to have such exempt spaces was previously allowed under the terms of the approvals). If Code amendments can result in Mr. Reither losing certain rights, then by the same principle, there is certainly the potential for Code amendments that can and, indeed, have resulted in his gaining of rights. In 2006, the Code was again amended at Section 6-30-130(a) to make clear that on any parcel of greater than 20 acres but less than 160 acres, a "barn' of up to 58 square feet per acre (approximately 8,640 square feet of "barn;' in the case of Lot 2, D/D Lot Split) is "exempt from GMQS and does not count as floor area." It is recognized that the language of the D/D Lot Split restrictions state that the limitation on floor area includes barns, but in the case of Lot 2, the first 8,642 square feet or so of "barn' does not count as or amount to "floor area." Instead, any barn square footage in excess of 8,642 square feet (58 square feet per acre) is counted as floor area and would come out of/count against the 7,500 square foot limitation. This position is further supported by current Code Section 5-20-80, Measurement of Gross Floor Area, which states the following: Gross floor area is calculated by adding areas included in the measurement of floor area, pursuant to Sec. 5-20-70, and the following exemptions from floor area: belozo-grade space, garages and carports, pursuant to Sec. 5-20-70(g)(1 and 2). Gross floor area measurement excludes barns, and floor area types exempt from the calculation of floor area pursuant to Sec. 6-30-140 and Sec. 5-20-70(a-e), respectively.[emphasis added] To date, staff has taken a position that Mr. Reither's rights under the current Code to build "barn' square footage that does not count as floor area cannot be recognized without approval of a Minor Amendment to the Development Permit approving the D/D Lot Split. As such, Mr. Reither is seeking a "Minor Amendment" to re-confirm the official, written County position taken in 2004, which held that, "The County will calculate floor area for the property based on the Land Use Code definition for floor area that is in effect at the time of building permit." In other words, Mr. Reither is seeking the adoption of l~ ~ '. I f? '. i• Lot 2, Davis/Donnelly Lat Split- MiuorAmeudmentApplication July 22, 2009 Page 4 language applicable to the D/D Lot Split making clear that, like below grade and garage space at the time of the original approvals, and like virtually every other property in Pitkin County, up to 58 square feet per acre of "barn' is not "floor area' and does not count against the floor area limitations applicable to his property. Pursuant to Section 2-20-150(b) of the Code, a minor amendment to any development permit is one that the Community Development Director determines to meet the nine (9) criteria cited below. Each applicable criterion is provided below in indented and italicized print, and each is followed by a response demonstrating consistency and/or compliance therewith, as applicable. (1) [The amendment] Is consistent with action(s) taken during previous development approvals for the property; and In light of the County's 2004 determination, the previous approvals for the subject property contemplated development in accordance with the definition of floor area at the time of building permit application. As such, the original approvals allowed for development of up to 7,500 square feet of floor area, plus spaces/structures that did not count as "floor area." For example, under the original approvals one could have developed the full 7,500 square feet of floor area plus 750 square feet of garage (attached or detached) and 4,000 square feet of below grade space notwithstanding the fact that the language in the approvals stated that, "The maximum total floor area shall be limited to 7,500 sq. ft. in each building envelope (including barns, art studio and any other accessory structures)." In other words, while the language of the approvals stated that the 7,500 square foot limitation applied to "other accessory structures;' a detached garage of 750 square feet would not have been considered to fall within the limitation since such a garage would not include any "floor area' as the term was then defined. By the same token and using the exact terms of the 2004 ruling, Section 6- 30-130(a) of the current Code makes clear that on any parcel of greater than 20 acres but less than 160 acres, a "barn' of up to 58 square feet per acre (approximately 8,640 square feet of "barn;' in the case of Lot 2, D/D Lot Split) is "exempt from GMQS and does not count as floor area." It is recognized that the language of the D/D Lot Split restrictions state that the limitation on floor area includes barns, but in the case of Lot 2, the first 8,642 square feet or so of "barn' does not count as or amount to "floor area." Instead, any barn square footage in excess of 8,642 square feet (58 square feet per acre) is counted as floor area and would come out of/count against the 7,500 square foot limitation. Accordingly, ;ni~~1{~(7~: Lot 2, Davis/Donnelly Lat Split - MinorAmendment Application July 22, 2009 Page 5 the proposed amendment is fully consistent with actions taken during previous development approvals for the property in 1990,1991 and 2004. (2) [The amendment] Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and The residential and accessory agricultural use of the property will not change as a result of the proposed amendment. (3) [The amendment] Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and The proposed amendment will not at all change the basic character of the approved use of land. The original approvals included a building envelope for residential and accessory structures as well as a separate "Agricultural Outbuilding Envelope' to accommodate a barn(s). The approvals also include provisions requiring the use and maintenance of landscaping for visual screening of residential and other structures. Also, since the approvals were originally granted, Snowmass Creek Road has been designated a scenic roadway; however, the approved building envelopes are not visible from Snowmass Creek Road. Therefore, the proposed amendment is fully consistent with and does not change the basic character envisioned with the originally approved uses, including the basic visual appearance and method of operation. (4) [The amendment] Does not constitute a new land development activity; and As mentioned above, the previous approvals allowed for single-family residential use as well as agricultural buildings (barns) on the subject property. The approvals also allowed for development of an employee dwelling unit attached to either the single-family residence of an accessory agricultural structure (barn). The proposed amendment does not contemplate a new land development activity at all; rather, it seeks to clarify that the current Code and definition of "floor area' relative to "barns' applies to the subject property equally and without bias in exactly the same manner that the current Code no longer allows exempt garage and below grade square footage. The applicant is not seeking to amend the building envelopes or approved uses of the property. (5) [The amendment] Does not increase off-site impacts in the surrounding neighborhood; and L.at 2, Davif~Donnelly L.otSplit- MinorAmendmentApplication Judy 22, 2009 Page 6 The amendment will have no off-site impacts in the surrounding neighborhood. The property is relatively remote and well hidden from surrounding properties. A barn is already allowed. (6) [The amendment] Does not endanger the public health, safety or eoelfare; and The amendment will in no quantifiable or other way endanger the public health, safety or welfare. (7) [The amendment] Does not violate any Land Use Code standard; and The amendment is fully consistent with all Land Use Code standards. In fact, the amendment seeks to clarify that the current Code and definition of "floor area' relative to "barns' applies to the subject property equally and without bias in exactly the same manner that is applies to virtually every property in Pitkin County of greater than 20 acres in area. (8) [The amendment] Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and The proposed amendment will have no impacts relative to the need for on-site parking or utilities, nor will it in any way affect affordable housing generation. The County regulates parking and affordable housing requirements relative to residential use/intensity; these requirements do not apply to barn development. A barn will not generate increased needs relative to utilities either. (9) [The amendment] Does not increase the floor area off the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. The amendment will not at all (0%) increase "floor area;' as defined by Pitkin County. Again, Section 6-30-130(a) of the current Code makes clear that on any parcel of greater than 20 acres but less than 160 acres, a "barn' of up to 58 square feet per acre (approximately 8,640 square feet of "barn;' in the case of Lot 2, D/D Lot Split) is "exempt from GMQS and does not count as floor area." The amount of open space on the site is already established through designated building envelopes and wildlife conservation easements; these will not be changed at all (0%). L.at 2, Davi.clDonnelly Lat Split- MinorAmendment Application July 22, 2009 Page 7 It is respectfully requested that you please confirm by approval of this application for Minor Amendment to a Development Permit that: the current Land Use Code provides the right to build on Lot 2 of the Davis/Donnelly Lot Split up to 8,642 square feet of "barn' (as such is defined in the Code) exempt from both the calculation of floor area and the floor area limitations of the Davis/Donnelly Lot Split approvals; and the permitted size of a "barn' on this lot will be dictated by the Land Use Code definition of floor area that is in effect at the time of building permit. It is further requested that such approval be granted three years of vested property rights. It is hoped that this application and the requests contained herein can be approved in a timely manner. Should you have any questions or require any additional information, please contact Haas Land Planning, LLC. Very truly yours, Haas Land Planning, LLC Mi Haas Owner/Manager cr. Chris Reither, Property Owner c:/my dowmen[s/PitCo Applications/Aeither/Minor Amend Application Letter_7-09 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Lot 2, Davis/Donnelly Lot Split -- Amendment to Development Permit/Subdivision Amendment LOCATION: 4305 Snowmass Creek Road PID# 2645-114-01-002 ZONING: RS- 30 OWNER: Chr' er Four Fo, ~ Ll~ REPRESENTATIVE: Mitch Haas PHONE and EMAIL: 925-7819 mhaas@sopris.net DATE: July 2, 2009 PLANNER: Lance Clarke, 920-5452 Type of Application: Amendment to Development Permit Descripfion of ProjectNevelopment: Applicant wishes to amend floor azea restriction provisions of the approved Subdivision/Lot Split for Lot 2 (Resolution and SIA). Applicant desires to build a barn on the property. Land Use Code Sections to be addressed in letter of request (application): Sec. 2-20-150(b): Minor Amendments Sec. 1: Pitkin County Application Manual; General Application Information Staff will refer the application to the following agencies: CDOW, 5nbwmass/Capitol Caucus Review by: Administrative Public Hearing: No. FEES: $773 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $748 (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 4 hours at a rate of $249/hour) • Web Technology fee: $25 To apply, submit 4 cople3 of the following information, unless noted otherwise: 1. Summary letter explaining the request, suggesting the requested amendments, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. Proof of ownership of subject property; 3. Pazcel description, including legal description and vicinity map; 4. Total fee for review of the application; 5. Signed fee agreement (1 copy); 6. Consent from owner(s) to process application and authorizing the representative (1 copy). All owners wishing to change deed restriction must sign the application; 7. Copy of this preapp form (I copy) NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCL UDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - AT LEAST ONE COPY OF APPLICATION SHALL HAVE ALL DOCUMENTS AT NO LARGER THAN 11 ' X 17" SHEETS. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. ~~.. ,r b VICINITY MAP - 4305 SNOWMASS CREEK ROAD PARCEL ID # 2645-114-01-002 wad ~ °`'~'~ ~ ~ _ ~ ~' Q ~~ ~fl~ 'azcel Detail ~F pF QuI~RSµ.ip Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property. Search ~ Assessor Subset Queue ~ A_ssessor Sales. Search Clerk & Recorder ReceRtion Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commer_cial Improvement Detail Land Detail ~ Phot~raphs Tax Area Account Number Parcel Number 2008 Mill Levy 014 R013494 264511401002 Owner Name and Address FOUR FORKS LLC 422 N WARSON RD ST LOUIS, MO 63124 Legal Description Subdivision: DAMS/DONNELLEY LOT SPLIT Lot: 2 Location Physical Address: 4305 SNOWMASS CREEK RD SNOWMASS Subdivision: DAMS/DONNELLEY LOT SPLIT Land Acres: 0 Land Sq Ft: 0 2009 Property Tax Valuation Information Actual Value Assessed Value Land: 2,500,000 199,000 Improvements: 7,683,300 611,590 Total: 10,183,300 810,590 Sale Date: 6/6/2004 Sale Price: 1,600,000 ~~ l~~o ittp://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber-R013494 7/15/2005 ?arcel Detail Basic Building Characteristics Number of Residential Buildin s: 1 Number of Comm/Ind Buildin s: 0 Residential Building Occurrence 1 Characteristics STORAGE AREA: 210 STONE PATIO: 455 2ND FLOOR: 1,847 ROOF DECK: 440 FINISHED GARAGE HEATED: 534 FIRST FLOOR: 4,810 Total Heated Area: 6,657 Pro erty Class: SINGLE FAM RES-IMPROVEMEN Actual Year Built: 2006 Effective Year Built: 2006 Bedrooms• 5 Baths: 6.5 Quality of Construction: EXCEL T13+ Exterior Wall: STONE VEN Exterior Wall: WOOD SD GO Interior Wall: PLASTER Interior Wall: DRYWALL Floor: WOOD Floor CARPET Heat Type: FORCED AIR Heatin Fuel: GAS Roof Cover: PROPANEL Roof Structure: GABLE/HIP Neighborhood• ~ ASS-CAP CRK-FORK TO SHIELD Super Nbad: SMASS CAP CRK Tax Information No Tax Records Found ~~~-i~~1 Top of ['age ittp://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R013494 Page 2 of 3 7/15/2005 July 15, 2009 Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Re: 4305 Snowmass Creek Road Minor Amendment Application To whom it may concern: I hereby authorize Haas Land Planning, LLC (HLP) and Klein Cote Edwards, LLC (KCE) to act as my designated and authorized representatives with respect to the land use application being submitted to your office for the property located at 4305 Snowmass Creek Road (Parcel ID No. 2645-114-01-002). HLP and KCE are authorized to submit an application for a Minor Amendment to a Development Permit, as well as any other incidental reviews. HLP and KCE are also authorized to represent me in meetings with County staff, boards, and commissions. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose contact information is provided in the application. Sincerely, Chris Reither Four Forks, LLC r~~ ~11? ;;'~ J :, PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Four Forks LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: L APPLICANT has submitted to COUNTY an application for a Minor Amendment to a Development Permit for building of a barn, (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058-2001 establishes a fee stmcture 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 be 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 773* which is for 3 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. PITffiN COUNTY APPLICANT: Cindy Houben Community Development Director Chris eit , Four F LLC Signature 7-2Z - ZOo~ Mailing Address: *: $748 =Planning Flat Fee; and $25 =Web Technology Fee 422 N. Warson Road St. Louis, MO 63124 ~~ l~~v PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 August 11, 2009 Mitch Haas 201 North Mill Street, Suite #108 Aspen, CO 81611 Re: Four Forks LLC Minor Amendment to a Development Permit (CASE P075-09; PID 2645-114-O1-002) Dear Mr. Haas: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920-5452. Sincerely, Bonnie Waechtler Administrative Assistant PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT t 30 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Snowmass/Capitol Creek Caucus Colorado Division of Wildlife FROM: Lance Clarke, Community Development Department Re: Four Forks LLC Minor Amendment to a Development Permit (PID 2645-114-O1-002; Case P075-09) DATE: August 11, 2009 Attached for your review and comments are materials for an application submitted by Four Forks LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, September 11, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. ON OCTOBER 1sT, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT THE LINK BELOW FOR THIS LAND USE CASE REFERRAL. httu://www.aspenpitkin.com/~dfs/debts/7/P075 09 app.pdf If you require a paper copy of this application contact Bonnie W aechtler at bomiie.waechtler~,co.oitkin.co.us or 920-5109. Thank you. PITKIN C~,.1NTY COMMUNITY DEVELC,,,,AAENT Permit Receipt RECEIPT NUMBER 00027997 Name: Chris Reither Date:7/22/2009 Project Address: 4305 SNOWMASS CREEK RD Type: check # 2111 Permit Number Fee Description 0075.2009.PLAN PP- Flat Fee 0075.2009.PLAN PP- Clerk Tech Fee Total: Amount 748.00 25.00 773.00