HomeMy WebLinkAboutbocc.res.072.2010RECEPTION#: 571095, 06/28/2010 at
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1 OF 4, R$0.00 Doc Code RESOLUTIt3N
Janice K. ��s Caudill, Pitkin Co�►nty, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITI�N COUNTY,
COLORADO, GRANTING ACTIVITY ENVELOPE AND SITE PLAN APPROVAL FOR THE
WARREN CREEK LLC RIVER RESTORATION PROJECT
Resolution No.d��=2010
Recitals
Warren Creek LLC ("ApplicanY') has applied to the Pitkin County Board of County Commissioners
(`BOCC") for a one step Activity Envelope and Site Plan Review for a river restoration project for
work within and along a lower reach of Warren Creek. The Applicant has stated that the purpose of
the proposal is to restore this lower reach to protect a residence and pond from flooding and potential
damage to surrounding properties.
2. Part of the project area includes work occurring on a parcel owned by the Aspen Center for
Environmental Studies (ACES). ACES has provided consent for the project. The Pitkin County
Open Space and Trails Department (OST) retains a conservation easement on this parcel and has
also provided a letter of consent for the project.
3. The parcels are all located approximately 1.5 miles east of Aspen and all are in the AR-10 zone
district (Legal Description Attachment A).
4. 'The Applicant has addressed all necessary sections of the Land Use Code, including amended sections
identified in BOCC Ordinance 24-200$.
The BOCC heard this application at a duly noticed public hearing on June 9, 2010 at which time
evidence and testimony were presented with respect to this application. No written public comment
was received during the comment period.
6. The BOCC fmds that the proposal demonstrates that this reach of Warren Creek has been degraded by
an inappropriate diversion of the ditch that feeds a pond. This proposal, if implemented correctly, will
improve the environmental quality of this reach of the Creek.
7. The BOCC further fmds that the under Section 7-20-40(c) the application has been presented as a
restoration project and has been designed for the purpose of restoring, or preventing further
degradation of the natural, dynamic functions of the Creek.
8. The BOCC further finds that under section 7-20-80(d)(11) the proposal will improve the dynamic
stream channel function and habitat diversity of species,
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby grants approval for the Warren Creek LLC River Project subject to the
following conditions, which shall run with the land and be binding on all successors in interest:
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. Prior to submission of any future permit applications, the Applicant shall be required to submit for
approval by the County Attorney and Community Development a Site Plan with an Activity
Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section
Resolution No. �r� -2010
Page 2 of 3
2.1.12. The above referenced approvals shall be a condition precedent to finalization and
recordation.
The Applicant shall submit an earthmoving permit that identifies all areas disturbed by
construction. The permit shall include a detailed revegetation plan that shows native
riparian/wetland plantings and/ar vegetation in the area. All revegetation shall occur within one
growing season of the project's completion as represented in the application. Financial security
for successful revegetation is required. Wetland removal from construction shall be mitigated
fully on the Mountain Valley Cabin property (PID#: 2737-291-00-003) andlor within the Warren
Creek drainage area. A tree mitigation plan shall be submitted for the removal of any trees larger
than six (6) inch DBH.
4. The Applicant shall provide a detailed conshuction management plan which delineates access to
the site, and all disturbances, material storage, and parking areas. All disturbances shall be
contained in the approved development envelope. It shall also address how fuel and other
hazardous material will be prevented from entering the waterways and emergency cleanup efforts
in the event of a spill.
The Applicant shall submit a drainage and erosion control plan which addresses how sediments
will be contained on site and prevented from polluting the river and other waterways.
6. The Applicant shall submit a floodplain permit for review and approval by the County Floodplain
Administrator if needed. All applicable State and Federal permit approvals shall be submitted
with this permit application.
7. No development shall occur outside the approved activity envelope.
8. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land
Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall
expire on June � �" , 2013.
9. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s} or approval(s) related to this property, or vested rights associated with
this property.
NOTICE OF PUBLIC HEA,RING PUBLISHED IN THE ASPEN TINIES on the 9'� day of May,
2010.
PUBLI5HED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIlVIES WEEKLY ON i9' � `" o����
APPROVED AND ADOPTED at the public hearin� on the 9'� day of June, 2010.
/
i
Resolution No. �/ y -2010
Page 3 of 3
APPROVED AS TO FORM:
_ ��.._.. �
.. �.v.. _...... '
John Ely,
County Attorne
Case # P024-10
PID#: 2737-204-00-041
BOARD OF COUNTY COMNIISSIONERS
OF PITKIlV COUNTY, COLORt�DO
� �� 0
, � .,�p,�c�; � � . _a
George Newm#n, Chair
�
Date: (j l�/ c�Q/� , f�
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APPROVED AS TO CONTENT:
r �n t/l�.a_��e
Cindy ouben, �
Community Development Director
�
ATTEST:
Attachment A
Legal Description
�A PARCEL OF LAND SITUATED IN !
.. _.. __ ....................._ ___..........._...........__....___..._ . . .. _ . . .. .._.....__ �__........._.. ..___......
jSECTION 20, TOWNSHIP 10 SOUTH RANGE
_..__...........__...........___... ........�_.........___...__ ............. .........._..._.._..._� ..... .._____ �_. _.___......
!84 WEST OF THE SIXTH PRINCIPAL
!MERIDIAN, CONTAINING APPROXIMATELY �
�7.3 ACRES, AND BE1NG FULLY �
�DESCRIBED SEE DEEDS OF RECORD IN �
�THE PITKIN COUNTY CLERK AND =
; .�_____ ......................... __..r„ , ..... . __,,... j
�RECORDERS OFFICE. LESS 2.06+/- !
- _...... �
�ACRES PER WARRANT DEED RECORDED ON =
___ __._..__.._____ _._ _....._._......_._._.��......___....... ............ .. . . .._.......__� _ .. ..__.._...__.._.........._ �
�RECPT #418173 TO SCH #12636.
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