HomeMy WebLinkAboutbocc.res.104.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL OF AN ADDITIONAL TEN YEAR VESTING PERIOD
FOR THE STILLWATER RANCH SUBDIVISION
Resolution No. 99 -10y
RECITALS
1. The Benedict Estate ("Applicant") has applied to the Pitkin County Board of County Commissioners
("BOCC") to consider an extension of vested real property rights pursuant to Section 4-140.30 of
the Land Use Code.
2. The property is zoned AFR-2, R-15, and AFR-10 and is approximately 52 acres.
3. The subdivision is located adjacent to and east of the City of Aspen, southwest of Highway 82.
4. The BOCC heard this application at a duly noticed public hearing on May 26, 1999, at which time
evidence and testimony were presented with respect to this application.
5. The BOCC has determined that the requested vested rights reinstatement meets the criteria
established in Section 4-140-30 of the Land Use Code. The BOCC has found that the reinstatement
of vested property rights is appropriate and the request for an extension is considered effectively a
request for reinstatement.
6. The reinstatement of vested property rights for the Stillwater Ranch Subdivision includes the right to
build on each of lots 1, 2, 3, and 4, 6500 square feet of residential floor area (single family residence
and affordable housing unit combined), with floor area calculations to be based on the definitions
contained in the Pitkin County Land Use Code in effect at the time a building permit is applied for on
a particular Lot.
7. Pursuant to C.R.S. sec. 24-68-104, the Board finds that an extended vested rights period is warranted
do to the phasing of the development of the subdivision, and the degree of public benefit obtained
from this approval.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant a reinstatement of vested property rights to the Stillwater Ranch Subdivision subject
to the following conditions which shall run with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application and in the
public meetings.
2. The Applicant shall comply with the provisions of Resolution No.94-233 (Exhibit 1) unless
otherwise replaced or amended by the conditions of this approval.
3. Fences shall be limited to a maximum of four (4) strands of wire or three (3) rails. No fence shall
exceed forty-two (42) inches in height.
4. Noxious weeds shall be managed on the open space parcel as per the Pitkin County Weed
Management Plan, available at the Pitkin County Land Management Department.
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Resolution 99-/g y
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5. There shall be one bear -proof trash container approved by the County Wildlife Biologist for each
property, or a single bear -proof container approved by the County Wildlife Biologist for the entire
subdivision.
6. Should existing vegetation be altered, for an access road, utility line, or similar uses, the
Applicant Shall cooperate with the County and the Division of Wildlife to devise a compensation
plan acceptable to the County. Such compensation plan may substitute (in a nearby area on the
subject property) vegetation equal in type and quantity to that being removed to mitigate effects
on wildlife species as per Section 3-80-080.
7. All development within the Stillwater Ranch Subdivision shall meet all codes and requirements
of the Aspen Fire Protection District prior to the issuance of building permits. Exhibit 2
summarizes requirements specified by the Fire Marshal on May 24, 1999. The requirements in
Exhibit 2 are for reference purposes only; development shall comply with all codes and
requirements of the Aspen Fire Protection District at the time of the issuance of building permits.
8. The vested rights for the Stillwater Ranch Subdivision/PUD, pursuant to the terms and conditions
of the approvals for the Subdivision previously granted by Pitkin County and the additional
conditions set forth herein, shall expire on May 26, 2009.
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 24TH DAY OF
APRIL 1999.
APPROVED AND ADOPTED ON THE 26TH DAY OF MAY 1999. ✓
VESTED RIGHTS NOTICE PUBLISHED ON THE ,sd DAY OF JIJA/ `L. , 1999.
ATTEST:
,4 vaea R . ,DeobtJ
eputy Clerk and Recorder
APPROVED AS TO FORM:
John Ely,
County Atto
Case #P50-99
PID #2737-179-00-009
BOCC OF COUNTY COMMISSIONERS
OPITKIN COUNTY, COLORADO
eslie J. Lamo
Chair
APPROVED AS TO CONTENT:
amAR
Cindy Houben,
Community Development Director
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37767.3 8-770
S'LVIA DAVIS
P-783 12/20/34 04:05P PG 1 OF S
PITKIN COUNTY CLERK & RECORDER
REC DOC
0.00
Exhibit 1
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING DETAILED AND FINAL PLAT APPROVAL TO THE
STILLWATER RANCH SUBDIVISION/PUD
,Resolution #94 4 1j
RECITALS
1. Fabienne Benedict, (hereafter "Applicant"), has applied to the
Board of County Commissioners of Pitkin County, (hereafter
"Board"), to subdivide the Stillwater Ranch into six lots.
2. The subject property is zoned AFR-2, PUD.
3. The property is located adjacent to and east of the City of
Aspen, southwest of Highway 82, more specifically described in
Exhibit "A", attached hereto.
4. The Planning and Zoning Commission reviewed this application
at their regularly scheduled public hearing on January 18, 1994,
and recommended General Submission approval subject to conditions.
5. The Board granted five GMQS allotments to the applicant by
Resolution No. 94-125.
6. The Board heard the General Submission application at a
regularly scheduled and noticed public hearing on August 30, 1994,
at which time evidence and testimony was presented in regard to
this application.
7. The Planning and Zoning Commission reviewed the Detailed and
Final Plat application at their regularly scheduled public meeting
on November 8, 1994, and recommended approval subject to
conditions.
8. The Planning and Zoning Commission reviewed this application
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Resolution No. 94-4_
Page 2
for Scenic Overlay requirements at a regularly scheduled public
hearing on November 29, 1994, and approved the Scenic Overlay
review subject to conditions by their Resolution
NOW, THEREFORE, BE IT RESOLVED by the
Commissioners that it hereby
grants Detailed
No. PZ-94-15.
Board of County
and Final Plat
approval to the applicant subject to the following conditions:
1.
All utility extensions shall be located underground, and
appropriate easements shall be dedicated to the various public
and private utilities as may be required. All utility
extensions shall be located in the property's existing road
system to minimize site disturbance. If utility extensions
are proposed outside of approved road alignments, these
extensions shall be shown for review and approval at Detailed
Submission.
2. All development on Lots 1 through 5 shall be limited to
access roads, the individual driveways, utility extensions,
irrigation ditches, fences meeting Division of Wildlife
requirements and the building envelopes. No disturbance,
including vegetation removal, (unless required by the County
for fire protection) shall occur outside these areas.
Landscaping outside of building envelopes may be permitted
upon approval by the Planning
3. The applicant shall dedicate
southerly bank of the river to
Department.
a fishing easement
along the
include the river and five feet
of bank above the high water mark. A fishing easement shall
also be granted between the common boundary of the out parcel
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Resolution No. 94
Page 3
and Lot 6 and the centerline of the river. The applicant
shall work with the County to realign those portions of the
"winter" trail that are located within hazardous avalanche
•
zones, to the extent feasible.
4. All residences shall be connected to the Aspen Consolidated
Sanitation Districts (ACSD) main sewer line that runs through
the property. The owners of said lots shall pay the normal
connection fees, along with an additional prorated surcharge
that will be used to recover the costs of repairing a
downstream constraint. The pro rata share shall be determined
by the ACSD. If a sewage pumping system is necessary on any
parcel, a conventional septic tank shall pretreat effluent
prior to discharge into a pumping chamber, as recommended by
the Environmental Health Department.
5. The applicant shall make a contribution of $12,600 to the
County trails program prior to recordation of the final plat.
No building permit shall be issued within the Stillwater Ranch
Subdivision until the County shall -have expended the
contribution on specific trails improvements.
6. The applicant shall obtain access permits and submit erosion
and sediment control plans as required to the County Engineer
for review and approval prior to building permit issuance.
7. The Fire District shall be allowed on the property to check
fire hydrants and water pressure prior to building permit
issuance.
8. The Applicant or owners shall provide one, above grade, low
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Resolution No. 94-23)
Page 4
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income, one -bedroom affordable housing unit on each of the
five new lots within their designated building envelopes,
concurrently with the construction of each four -bedroom free
market unit. An appropriate deed restriction shall be
executed aid filed with the Housing Office. The affordable
units shall meet or exceed Housing Office's minimum, net
livable area requirement for low income units, and shall be
deed restricted to the Category #1 income, price and occupancy
guidelines in effect at the time of issuance of a building
co permit. Planned Unit Development (PUD) approval is hereby
c granted to allow smaller lot sizes as necessary for the
provision of detached or attached affordable housing units on
G
i1, Lots 2 and 3.
of 9. Dogs shall be kenneled or leashed at all times. Fencing shall
5 comply with Division of Wildlife standards, including a
maximum height of 42", four strands or less.
5 10. Prior to final plat recordation, the applicant shall supply
evidence of an adequate water supply.
m 11. The protective covenants for the Stillwater Ranch Subdivision
n
c,. shall be revised to permanently restrict the use of the Open
Space Parcel to agricultural uses and improvements, the
r
pasturing of horses and related uses and improvements, and
such other open space uses and improvements as may be approved
N
from time to time by the Stillwater Ranch Homeowners
r
" Association, and the continuation of existing uses. The
covenants shall also prohibit further subdivision of the Open
Space Parcel, although a lot line adjustment shall be
permitted between the Open Space Parcel and the Out Parcel if
County and landowner approval can be obtained.
Resolution No. 94
Page 5 "'"'����llll
12. On or before March 1, 1995, the applicant shall form a
Homeowners' Association comprised of the owners of the six (6)
lots in•the Stillwater Ranch Subdivision, and shall convey the
Open Space Parcel to the Homeowners' Association. The deed
shall reserve the exclusive use, control and expense of the
Open Space Parcel to Fabienne Benedict and Fredric A. Benedict
for the rest of their lives.
13. Removal of mature vegetation outside of any building envelope
on Lots 1 through 5 is prohibited except as provided for in
Condition 2 above. Removal of mature trees within the
LL building envelopes shall require approval of a tree removal
plan by the Planning Office. Mature trees means any deciduous
tree of six-inch caliper at diameter -breast -height or any
u evergreen taller than six feet in height.
14. The northern boundary of the building envelope on Lot 1 shall
be relocated twenty (20) feet to the south to reduce potential
visual impacts. The applicant may relocate the eastern and/or
western boundaries of the building envelope so as to maintain
the size of the building envelope.
r
as 15. The building height on Lot 1 shall be limited to a maximum of
20 feet measured from existing grade or finished grade,
r
whichever is lower, to the top of a flat roof or the midpoint
of a pitched roof. The ridge of a pitched roof shall not
exceed 25 feet above existing or finished grade, whichever is
N
(1 lower.
16. The building height on Lot 2 shall be limited to (i) a maximum
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Resolution No. 94433
Page 6
of 20 feet measured from the existing elevation of the
northeast corner of the building envelope to the top of a flat
roof or the midpoint of a pitched roof, or (ii) the maximum
height allowed in the AFR-2 Zone District, whichever is lower.
The ridge of a pitched roof shall not exceed 25 feet above
said existing elevation. The applicant shall establish said
elevation by field survey and shall incorporate the same in
the Protective Covenants for the Stillwater Ranch Subdivision.
17. The height limitations imposed on Lots 1 and 2 may be varied
subject to obtaining a new Scenic Overlay approval pursuant
to the standards and procedures in effect at the time of a new
application.
18. The owner of Lot 1 shall submit a landscape plan for review
and approval by the Planning Office prior to the issuance of
y
a building permit for the residence on Lot 1. The purpose of
tn
the landscape plan shall be to reduce the visual impact of
development on Lot 1 from Highway 82.
19. Section 2(f) of the covenants (lighting) shall be revised to
ru preclude outside lights on the north side of the buildings on
Lots 1 and 2 (facing Highway 82). The architectural
"guidelines" shall be renamed to "requirements".
20. With the exception of one entrance light at the intersection
of Highway 82 and Stillwater Road, and one outdoor light for
m
the garage or home entrance (unless otherwise required by the
Uniform Building Code), access drive and landscape "accent"
r
lighting shall be prohibited on Lots 1 and 2. Low level
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0
Resolution No. 94-
Page 7 �7
walkway lighting, however, shall be allowed for safety
purposes. A11 exterior lighting shall comply with the
applicable requirements of the Pitkin County Land Use Code.
21. Livestock grazing and livestock impounding is prohibited on
Lots 1 through 5, with the exception of horses, which may be
impounded on Lots 4 and 5. Livestock grazing and livestock
impounding is permitted within the Open Space parcel and 6.
22. All material representations made by the applicant in the
application and public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
APPROVED AND ADOPTED ON THE 20TH DAY OF DECEMBER, 1994.
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
M tc-kka G- c, l(26i-ANA
By: 1277/.4)7,27
a � e-ne Jones, \ AZ 4tobcr C. Child, airman
Deputy C erk and Recorde Date: 5O i
l
APPROVED AS TO FORM:
slw/fk.benedict.detailed.reso
APPROVED AS TO CONTENT:
4r Suzanne KKoo ��an,
County P1 n ning Director
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Exhibit "A"
PARCEL 1, STILLWATER RANCH PARCELS, according to the First Amended
. Plat thereof recorded December 2, 1993 in Plat Book 33 at Page 34.
COUNTY OF P3TXIN, STATE OF COLORADO.
Sae
ItitiVE1101IIIIMMIDIMILIE
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(970) 925-6727
FAX (970)925-4157
MAY-2E-SS IS le FROM:HOLLANOHART ID:9709259415 PACE 3/4
rN(UN[[nS
.WNVEVOHS
1'1+j',__ P.O.Box 215b
GORDON MOM
Aspen, CO 61612
MEMORANDUM
Exhibit 2
TO: Mr. Ed Van Walraven, Fire Marshal, Aspen Fire Protection District
FROM: Jay Hammond, Schmueser Gordon Meyer, Ina
DATE: May 24, 1999
RE: Benedict-Stdlwateer Parcel 1, Lots 1 through 4, Request for Vested Rights Extension
Thank you for your prompt response in meeting wlh me this morning regarding the Benedict
Estate's Request for Vested Rights Extension for Lots 1 through 4 of the Stillwater Ranch
Subdivision. 1 sent you copies of some of the relevant documents you had requested during our
meeting via fax early this afternoon including part of the Water Service Agreement, portions of
the Pitkin County Resolution of Approval # 94-233 and excerpts from the Protective Covenants
wherein house sizes are Iknited and sprinklering is required. You'll also note that the Covenants
address the wildfire mitigation issue that we had discussed.
t wanted to recap our discussion of this morning to keep the sppacants informed regarding any
further conditions that may arise as a result of the Vested Rights Extension process. From our
meeting and site visit of this morning, it is my understanding that the Aspen Fire District's position
is as follows with respect to the Stillwater Ranch Subdivision Request for Vested Rights
Extension:
1. The District will not require any further water main extension to provide additional fire
hydrants within the subdivision (there is an existing fire hydrant in close proximity to the
entrance of the private access off Stillwater Drive). As you'll note on the Water Service
Agreement, construction of water main extensions was specifically precluded and
adequate sizing of the service lines to provide for fire sprinkler flows was addressed by
the City Water Department at the time of the Water Service Agreement and the original
approval.
2. The homes on the Lots 1 through 4 shall be fire sprinklered to an NFPA Standard 13R,
which is a somewhat higher standard than is typical of single-family residential
construction.
3. The common access drive back to Lot 4 will be a minimum 20 feet in width with an all-
weather surface (gravel as a minimum). This width wiN avoid the need tor additional pull-
outs along the entry road that would be required for a narrower road in excess of 200 feet
in length.
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118 west 6th, Suite 200 • Glenwood Springs, Colorado • (970) 945.1004
MAY-25-SS 18.17 FROM•HOLLANDHART
ID:970E2E941S PAGE 4/4
May 24,1999
Mr. Ed VanWalraven
Page 2
4. The building envelope for Lot 4 is set back 75 feet tom the southeast property line of the
Lot and some 45 feet from the access easement The driveway into Lot 4 shall be
designed with sufficient width and turning radii to allow a fire truck to pull in off the
common drive and back out onto the common drive in the opposite direction to allow for
a turn -around capability.
5. To the extent that the gate on the common drive is within the Stillwater Ranch Subdivision
and depending on the final configuration of the driveway into Lot 4, the gate will be
relocated to allow sufficient room for a fire apparatus to back out onto the common drive
and exit the subdivision.
I hope these items appropriately reflect our discussion of this morning. Please feel tree to
contact me if you think I've missed any substantive concerns for the Fire District regarding the
Benedict's Request for Vested Rights Extension. Unless you would prefer to handle it differently,
the Benedict's would propose to attach this memo as an exhtit to the Resolution granting
approval to their Vested Rights Extension. Thanks again for your assistance.
sivonwevi
cc: Mr. Art Daily, Holland & Hart
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SCHMUESER GORDON MEYER, INC