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Home My WebLink Aboutwatsondivideranch~nzox.~-ntr~ TO: Board of County Corrunissioners Regular Meeting- December 16, 2i)09 THI2LT: Cindy Houb'en, Couuty~ommunity Development Director FROM: Cari Anne Holcomb. Planner P~E: Watson Divide Ranch, Ii~c. Minor Amendment to a Development Permit and Agriculfural Master Plan, Continued 12EQUEST: The Applicant proposes to amend the em~elope labeled "Pond Development Envelope I~TUmber 1"as previously approved pursuant to 1041 IIazard Review Site Plan [recorded at Bk 77 Pg i 6, reception nuinber 519972] and required by Condition ~2 of BOCC Resolution 080-2003, which states ul part, "The 1041 Hazard Review Site Ylan shall also define all areas where agricultural improvcments, such as irrigation ditches and ponds, as well as non-native vegetation, inaluding agricultural plantinbs, wetlands veRetation around flle ponds...". A minimal landscape plan was approved pursuant to the Pond Earttuiloving Perrnit No. 1239.2003 (Attachment E); the installed landscaping was substantially more intensive (Attaclunent F) and fl~e Applicant is seeking approval for the revised laudscape plan. Tlie Applicant is also requesting to amend the Agricultural Master Plan for the entire Ranch (page 46) approved pursuant to BOCC Resolution No. 080-2003, which indicates tl~e currently landscaped area outside tl~e approved envelope was i~tended to be used as Hay/Pasture llevelopment and reduces tbc overall a~icultural area on the Ranch. Additionally, the Applicant seeks to amend Conditi~n ~tA.l.j. B(~CC Resolution No. 96-143 fi~r Lot A, «rhich states, "Maintain the agricultural activities and use of irri~ation ~a~ater on the property as hisiorically used and for ]andscaping within ±he developinent euvetope. i1ll irrieated lands sball remain intact. All landscaping of the property shall tal:e place withiu the development envelope." The BOCC centinued the application on rlovembcr 18, 2009 to allow flle Appllcant to address issues raised at the heaz~ing and schedule a site visit on Deceinber 14, ?009. APPLYCANT: Watson Di~~ide Ranch, ?~~c. IZEP12~sSENTATIVE: Joe Wells LOCA,~'F~id: Along Watson Divide lZd, on Psrccl A; aodresses as 1220 `v~~atson Divide Rd.; PIri1~a~645- 013~-00-O12 ZONL'dG/SIZE: Parcel A is 7oncd RS-30 (PUL1,'S~4 Acres. ISSiJ~S: At ihe Novemi~er 18th hearulg the Board dete;r~iined that a~site visit would most eap~diently resolve tl,e issue of w}lere the vie~v from ~;~atson Divide R~ad is expressly ]ocate.d and ~~,~6ich specifc trees should be ~llinned hemoved. ~I'he Al~plica~rt tzas proposed tl~,c rcanoval of cight trecs from the general area loc.ated outside ~~he em-elo}~e as shown :~7 the luidscape plan suhmitted for the Eartlvnovi::g Pei-mit ior the ponds. Staff iias recommended a aeneral area where the trees should he ttiinnecUreir,~ved, but has ]e:t tl~e specific trses and total number to Lie Appiicants and tlleir Landscape Architect. The Boar3 also asked tltat t17e following conditions of a~provu]s be adde~ to t?~~~ IZes~_iution; ~ nny failed veg~~tation sha11 be rernove~ ~.nd not replacPd. • No d°coraYive lightin?, ;e.~. Cluistinas Tree Ligr,ts, etc.) shall be a1!o~~~ed eutside t~~e approved resiciential building en~~clope. ;tE~O'~9L~IEiiBAT~'~.°jVr: Staf. does ~2ot suppvi~ tt~e revised landsca~~ plan as submitted ier the `~Pond 17ev~:lcp~nent En~elepe" as it does no~ adcqua~ely address the ~cenic issue or the reduction of rrees (bo~h ever~-aeu ar,d deciduous) frurl critical areas to protect flle ~~iew from the cr~st of ~he apex of ~ie hill on ',xdatson D;~ide Road, headin~~ t~~n~ard Snowm,ass Creek Rd. T;~e I~OCC should determine the '~;ei~' area aad flie fina? r~visions to fhe landscapa pl~~. S~:f~~ reccmmci~ds all remcdiatioa b~ coir.pleted b}~ 3une 1, "'ii10. RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE WASTON DIVIDE RANCH, LLC A'IINOR AMENDMENT TO A DEVELOPMENT PERMIT AND AGRICULTURAL MASTER PLAN Resolution No. -2009 RECITALS 1. Watson Divide Ranch, Inc. ("ApplicanY') has applied to the Board of County Commissioners of Pitkin County ("BOCC") for approval of a Minor Amendment to a Development Permit and Agricultural Master Plan, to enlarge a landscape envelope and obtain approval for e~tensive additional landscaping in tl~e "Pond Development Envelope P'. 2. The property is located along Watson Divide Road and is more specifically described as Exhibit A. 3. The property is zoned RS-30 PUD and contains approximately 554 +/- acres. 4. The Property received approval Vacating the Aspen Village Commons Subdivision and Associated Affordable Housing; Granting Scenic Overlay Approval of the Single Family Homesite, Single Family Parcel 1041 Hazard Review Approval, GMQS Exemption and Special Review for a Caretaker Dwelling Unit Conceptual Submission Approval for a Single Family Homesite near Watson Divide; Special Review Approval for a Ra~ich Manager Employee Dwelling Unit on the Ranch Parcel pursuant to BOCC Resolution No. 96-143. The Ranch then received an Extension of Vested Real Property Rights pursuant to BOCC Resolution No. 98-86. 5. Additionally, the Ranch received Minor Ainendments to a Development Permits pursuant to BOCC Resolution No. 233-2002, which amended the roof criteria, and BOCC Resolution No. 080-2003, which amended the Ranch Manager's envelope on Parcel B and approval of the Watson Divide Inc., Agricultural Master Plan. The Applicant received approval to eaceed 15,000 square feet iu floor area pursua~it to BOCC Resolution No. 109-2005 and to utilize ll5 square feet of floor area remaining from a TDR pursuant to Administrative Decision No. 041-2006. 6. The Watson Divide Ranch property is held under a Conservation Easement, currently managed by the Aspen Valley Land Trust. 7. Parcel A received a Notice of Violation in February 2008 far the extensive landscaping without approval, which was also located outside the approved envelope labeled "Pond Development Envelope l ". 8. The BOCC finds that the proposed amendments to the "Pond Development Envelope 1" and the A~-icultural Master plan can be made consistent with the requirements of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Watson Divide Ranch Inc Minor Amendment to a Development Pennit to enlarge the "Pond Development Envelope 1" and reduce the Historically Irrigated Hay/Pasture Development Envelope 1" and Amend the Agricultural Master Plan to reflect these changes, subject to the following conditions, which shall run with the land and be binding on all successors in interest: BOCC RESOLUTION NO. -2009 Page 2 1. The Applicant shall adhere to all material representations made during the application process. 2. The Applicant shall comply with the provisions of Board of County Commissioners' Resolution Nos. 96-] 43, 98-86, 233-2002 and 080-2003, unless otherwise replaced or amended by the conditions of this approval. 3. Within 60 days of the date of approval of this Resolution and prior to submission of any further development permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development Department an amended landscape plan for "Pond Development Envelope 1" in accardance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. Tl~e above referenced approvals shall be a condition precedent to finalization and recordation. The Mylar copy of the plat shall be signed by the owner prior to submittal for recording. The plan shall also incorporate the following changes: A. Reduce, by thinning or removal the number of trees (spruce and deciduous) from the proximity of the northern edge of the pond to the intersection of Watson Divide Rd and the driveway to reduce the impact of the public view plane. B. Amend the "Pond Development Envelope 1" along the southeastern con~er to include the small clump of spruce and cottonwoods in the development envelope (along the driveway and path). C. Clearly label and differentiate tl~e two envelopes on the landscape plan, "Pond Development/Landscape Envelope 1" and Hay/Pasture Development Envelope 1". D. In order to clarify the boundaries of the many activity envelopes, submit one drawing with only the activity envelopes displayed and accurately labeled. E. Submit one (] ) single landscape site plan on a separate sheet, depicting all the detail shown on L 1.1 and L 1.? including the plantings. F. All removal, tl~inning and transplanting work shall be completed by June ], 2010. 4. No approval shall be granted to the following fruit or berry producing trees/shrubs to comply with CDOW recommendations for no nut, fruit or berry producing trees or shrubs to be used in landscaping to minimize bear attractants; Condition # ll of BOCC Resolution No. 080-2003, "Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area." 1. Boulder Raspberry 5. Any failed vegetation in the `Pond Development/Landscape Envelope 1" shall be removed within 30 days and not replaced. 6. No decorative lighting, (e.g. Christmas tree lights, etc.) shall be allowed outside the approved residential building envelope. BOCC RESOLUTiON NO. -2009 Page 3 7. Any development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. APPROVED ON THE 16th DAY OF December, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: PITKIN COUNTY, COLORADO Pariy Kay-Clapper, Chair APPROVED AS TO CONTENT: Cindy Houben Community Development Director Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely County Attorney Case #PP039-09 264306300001 26430 Li 00012