HomeMy WebLinkAboutbocc.res.114.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL OF SUBDIVISION/PUD CONCEPTUAL SUBMISSION,
GMQS EXEMPTION & 1041 HAZARD REVIEW FOR THE PITKIN IRON/RIVER RANCH
DEVELOPMENT
Resolution No. 99 _Jig
RECITALS
1. S&S Development, with permission from the owner of the parcel, Pitkin County ("Applicant"), has
applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for the
following approvals:
• Subdivision/PUD Conceptual Submission;
• 1041 Hazard Review;
• GMQS Exemption; and
• Rezoning from AFR-10 to AH-3/PUD.
2. The Applicant proposed to subdivide approximately 39 acres to accommodate:
• 6 affordable housing lots and associated open space lot (15 affordable housing units); and
• 4 free-market single family lots and associated open space lot with a 3,000 square foot
stable.
3. The property lies on both sides of the Roaring Fork River approximately 1.2 mile downstream from
the point where Woody Creek empties into the Roaring Fork River. The property is bounded on the
south by State Highway 82 and on the north by the old railroad and Upper River Road. The property
is more specifically described on Exhibit "A."
4. The Planning and Zoning Commission ("Commission") at a regularly scheduled meeting on April 6,
1999, reviewed the application and recommended conditional Conceptual Submission approval of
the Subdivision and Rezoning to the BOCC.
5. The BOCC heard the first reading of this application at a duly noticed public hearing on Apri128,
1999, at which time evidence and testimony were presented with respect to this application.
6. The BOCC heard the second reading of this application on May 12, 1999, at which time additional
evidence and testimony were presented with respect to this application.
7. The BOCC finds that the Applicant has complied with the applicable policies and regulations of the
Pitkin County Land Use Code, provided that conditions of this document are adhered to.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grants Subdivision/PUD Conceptual Submission, GMQS Exemption, and 1041 Hazard
Review approval to the Pitkin Iron/River Ranch development, subject to the following conditions which shall
run with the land and be binding on all successors in interest:
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BOCC Resolution No. 99-
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1. Prior to submittal for any building permits, the Applicant shall record a Final Plat which meets the
approval of the Community Development Department and County Attorney. The plat shall include
the following:
A. The site plan shall include the appropriate signature blocks.
B. A vicinity map shall be included on the face of the site plan.
C. "Development Envelopes" shall be delineated around the septic systems and well.
D. The public fishing easement shall be delineated.
E. The 100-year floodplain shall be delineated.
F. The 20 foot stream setback from the Roaring Fork River shall be delineated.
G. The following 1041 Hazard Review Disclaimer shall be included:
"1041 environmental hazard areas exist that might affect the property, any improvements, and the
use and occupancy thereof"
2. The Applicant shall by covenant restrict the subdivision against further development or subdivision,
except the improvements to be constructed on Lots 1 thru 6 of the Pitkin Iron (Affordable housing)
portion of the PUD, maybe further subdivided by the formation of a common interest community or
communities pursuant to the CCIOA to allow the separate conveyance and ownership of the
individual affordable housing units. Said restriction shall be noted in the subdivision covenants and
on the Final Plat. Said deed restriction shall be in place prior to the submittal of any building permit
applications. If any common interest communities are subsequently created, the declarant shall alert
the potential buyers of such condominiums of this restriction in the declaration and on the plat.
3. The Applicant shall comply with the following landscaping and wildfire defensible space
mitigation standards:
A. The area around the structure shall incorporate landscaping with wildfire defensible space
considerations as follows:
NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the
natural vegetation patterns have already fulfilled these conditions.
1. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around a structure built on flat ground.
3. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two
times the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
4. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of
10 feet above the ground and removal of ladder fuels from around trees and brush.
5. Tree crowns separation within the 30 foot perimeters shall have a minimum of 10 feet
between the edges of the crowns. This does not apply to mature stands of Aspen trees where
the above recommendation for ladder fuels have been complied with. In areas of aspen
regeneration, the spacing guidelines shall be followed.
6. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
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7. The Applicant or Homeowner's Associations shall be responsible for the continued
maintenance of the defensible space vegetation requirements.
4. The Applicant shall comply with the following wildfire mitigation standards:
A. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof
coverings and flat roofs (up to a 4:12 pitch) are prohibited in all wildfire areas.
B. Roofs and gutters shall be kept clear of debris.
C. Yards shall be kept clear of all litter, slash, and flammable debris.
D. All flammable materials shall be stored on a parallel contour a minimum of 15' from any
structures.
E. Landscaping within the 10' perimeter shall be maintained to a height no more than 6 inches.
F. Fences shall be kept clear of brush and debris.
G. Wood fences shall not be connected to the structure.
H. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher.
I. Addresses shall be clearly marked and visible with minimum 2" non-combustible letters and
shall be visible and installed on a non-combustible post.
J. Utility lines shall be buried.
K. Any outbuildings or additional buildings shall adhere to the same standards as structures.
5. Pursuant to paragraph 5(AX3) of the Additional Provisions Addendum to Contract to Buy and Sell
Real Estate Dated September 4, 1998, of the contract, the Applicant shall submit a detailed Phasing
Plan and Construction Plan. The detailed phasing plan and construction plan shall be submitted
prior to Final Plat approval.
6. There shall be no exterior lighting except where necessary to comply with health and safety
requirements of the Uniform Building Code. All necessary exterior lighting shall be designed so that
the lighting element (or transparent shield) is not directly visible from adjoining properties or public
rights -of -way. There shall be no facade, driveway or landscape lighting. Any additional landscape
lighting for safety purposes shall be approved by the Community Development Department.
7. The Applicant shall use exterior materials that "blend in" with the surrounding natural landscape.
Non -reflective roof materials shall be utilized.
8. No development, including grading, entry or ranch gates, landscaping (including berming) and
vegetation removal or disturbance shall occur outside of the designated building envelopes,
except for water system improvements, utility and driveway extension and maintenance, and as
may be necessary to implement the wildfire mitigation measures required elsewhere in this
document.
9. Landscaping and revegetation for the free-market and affordable housing components of the property
shall utilize low water (xeriscaping) native plant materials and concepts. The timing of any sprinkler
systems shall be decreased for low water plants. The Applicant shall submit a Landscape Plan to the
Community Development Department for review and approval prior to the submittal of any
applications for building permits. The Plan shall identify the proposed vegetation by the common
and scientific name.
10. The Applicant shall submit a Weed Management Plan for approval by the Pitkin County Land
Management Department, prior to the submittal of any building permit applications.
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11. All areas disturbed by construction shall be revegetated within one growing season of project
completion.
12. A fireplace/woodstove application must be filed and approved by the Community Development
Department prior to submittal for any building permit applications.
13. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the
Environmental Health Department. All sewage disposal systems must be designed by a registered
professional engineer. Sewage disposal system shall be located within the approved building
envelopes for both the affordable housing units and the free-market single-family homes.
14. Prior to submission for Final Plat, the applicant shall resolve the discrepancies with regard to the
legal well rights with the State Engineer so that the source for domestic water will be confirmed.
Prior to submittal of any building permit applications, the Applicant shall provide documentation
to the Environmental Health Department of an adequate domestic water supply on the property.
Quantity and quality of said supply shall meet the approval of the Environmental Health
Department.
15. Prior to submittal for any building permits, the Applicant shall 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.
16. Prior to the submittal for any building permits, the Applicant shall submit a PMo mitigation program
to Environmental Health Department, for review and approval. The plan shall propose specific and
enforceable control to fully mitigate or offset all PM0 increases in the non -attainment area caused by
the project.
17. Prior to application for Final Plat, documentation from Holy Cross Electric shall be submitted to
the Environmental Health Department regarding the PCB content of the 3 remaining
transformers.
18. For any free market residential structure of 5,000 gross square feet or greater, the Applicant shall
comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan,
which requires the Applicant to provide construction trip and residential trip generation studies.
The Applicants shall comply with this provision as it is in effect at the time of building permit
issuance to the satisfaction of the County Engineer.
19. The Applicant shall obtain an access permit from the County Engineer, prior to the submission for
any building permits. The access road for the affordable housing component and the free-market
single family component shall be built to County standards and approved by the County Engineer.
20. Prior to the submittal for Final Plat, the Applicant shall submit a Drainage and Erosion Control Plan
to the County Engineer for review and approval.
21. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District. A
residential sprinkler system shall be installed within all AH structures and all residential structures
greater than 5,000 square feet.
22. The Applicant shall comply with the following conditions in order to mitigate wildlife impacts:
• Only one (1) kenneled dog shall be allowed for each unit on the property.
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• All fencing shall comply with the amended Pitkin County fencing requirements.
• Temporary fencing shall be installed 5 feet or more from the edge of the slope on the south
(affordable housing) side of the river and 10 feet or more from the existing riparian habitat on
the north (free-market) side. Development within or removal of the riparian habitat is
prohibited.
• The 20 foot stream setback from the Roaring Fork River shall be verified and delineated on the
final plat.
23. At Final Plat application, the Applicant shall provided a legal description of land to be accepted or
retained by the County in satisfaction of the land dedication as required by the Land Use Code for
parks/recreation/open space mitigation.
24. Prior to the submittal for any building permits, the Applicant shall make a cash -in -lieu payment for
school impact mitigation as required by the Land Use Code.
25. The height of all structures shall comply with the height regulations as calculated by the Pitkin
County Land Use Code at the time of building permit application.
26. The four free-market single family homes shall be limited to either ofthe following floor area ratio
calculation:
• A total of 6,300 square feet: 5,800 square feet above grade (inclusive of garages, outbuildings)
plus 500 square feet of subgrade; or
• A total of 6,550 square feet: 5,800 square feet above grade (inclusive of garages, outbuildings)
plus 750 square feet subgrade, only if an Employee Dwelling Unit (EDU) is pursued.
• The 3,000 square foot stable shall be exempted from these calculations.
27. Employee Dwelling Units shall be approved pursuant to the applicable Land Use Code
provisions.
28. All signage on the property shall comply with Section 3-110-30 of the Land Use Code.
29. Prior to the recordation of Final Plat, the Applicant shall record a Fishing Easement agreement
acceptable to the County Attorney's Office for the public fishing easement along the Roaring
Fork River.
30. Expansion of the existing pedestrian trail on the south side of the property shall be prohibited.
31. The two designated open spaces on the property shall be deed restricted and an open space
designation set forth in the covenants and a notation placed on the plat in a form acceptable to the
County Attorney's Office.
32. At Final Plat, the Applicant shall submit proposed covenants which shall be in a form acceptable
to the County Attorney's Office, including a provision providing for enforcement of said
covenants by the County.
33. At Final Plat, the Applicant shall submit improvement guarantees for required improvements as
required by the contract dated September 4, 1998.
34. Prior to the recordation of Final Plat, the applicant shall re-record a ditch easement for the
relocation of the Walthen Ditch and shall protectalldownstream water rights.
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BOARD OF COUNTY COMMISSIONERS
ITKIN COTY, ¢QLORAI,)O
Leslie J. Lam
Chair
Date:
I
APP OVED AS TO CONTENT:
/.��
Cindy Houben,
Community Development Director
BOCC Resolution No. 99- 1)
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35. Prior to Final Plat, the Applicant shall submit a final PUD/SIA (Subdivision Improvement
Agreement) for review and approval of the County Attorney's Office, which shall include the
following:
▪ The Applicant shall demonstrate to the reasonable satisfaction of the County, financial ability to
proceed with the entire development project.
• Disclosure of any identity of interest that the developer has with any entity that receives payment
from the development (i.e. if S&S Development is acting as the contractor, disclosure of the
identity of interest between the developer and the contractor) and the amount of payment to any
entity with an identity of interest with the developer.
• Language that financial documentation on cost and revenue of the development will be
submitted within four month of the issuance of the last Certificate of Occupancy.
36. The Applicant d Pitkin County shall comply will all obligations of the contract dated September 4,
1998Aece-eo lo/9/9P at✓1e_e # 913/09.
37. Prior to submission for Final Plat, the Environmental Health Department will provide the results of
the soil sampling. Testing shall be completed within 30 days of Conceptual approval (June 12,
1999). The applicant shall submit for Final Plat within 90 days of June 12, 1999.
38. All material representations made by the Applicant in the application and in public meetings shall
be adhered to and considered conditions of approval, unless otherwise amended by conditions.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 17TH DAY OF
APRIL, 1999.
INTRODUCED AND FIRST READ AT THE REGULAR MEETING AND PUBLIC HEARING ON
28TH OF APRIL, 1999.
APPROVED AND ADOPTED AFTER SECOND READING ON THE /4 DAY OF4,9/ 1999.
A I'1 EST:
vtf
Niles R • 3t449
Deputy Clerk and Recorder
APPROVED AS TO FORM:
Case #P4-99
PID #2643-081-00-851
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EXHIBIT A
TRACT 1
A tract of land being part of Lots 6, 7, 8, 10 and 14 of Section 8,
Township 9 South, Range 85 West of the 6th Principal Meridian. Said
Tract is more fully described as follows;
Beginning at a point on the Northeasterly right-of-way line of
Colorado Highway 82, whence the Northwest Corner of said Section 8
bears N 54°11'22" W 4606.09 feet;
thence N 18°48' E 134.85 feet;
thence N 1°23' E 318.64 feet to the center line of the Roaring Fork
River;
thence S 86°24' E 116.57 feet along the center line of the Roaring
Fork River;
thence N 0°38' W 466.25 feet;
thence N 10°39' E 21.91 feet;
thence N 15°45' E 15.92 feet;
thence N 0°17' W 534.28 feet to the Southwesterly right-of-way line
of the Denver and Rio Grande Western Railroad;
thence S 47°03' E 181.55 feet along said Southwesterly right-of-way
line to the East line of Lot 6;
thence South 301.20 feet along the East line of Lot 6 to the Northwest
Corner of Lot 8;
thence East 323.54 feet along the North line of Lot 8 to the
Southwesterly right-of-way line of the D. & R.G.W. Railrod;
thence S 47°03' E along said Southwesterly right-of-way line, 784.15
feet;
thence S 42°57' W 80.0.0 feet;
thence S 47°03' E 225.00 feet;
thence N 42°57' E 80.00 feet to the Southwesterly right-of-way line
of the D. & R.G.W. Railroad right-of-way;
thence S 47°03' E 185.45 feet along said Southwesterly right-of-way
line to the East line of said Lot 8;
thence N 86°28'57" W 672.17 feet to the Center of the Roaring Fork
River; thence along the center of the river as follows:
S 28°49'07" E 211.41 feet;
thence S 32°54'19" E 215.70 feet;
thence S 45°04'37" E 116 feet;
thence S 48°29' W 454.80 feet to the Northeasterly right-of-way line
of Colorado Highway No. 82;
thence Northwesterly along said Northeasterly highway right-of-way
line to the point of beginning.
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