HomeMy WebLinkAboutbocc.res.174.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE NATAL RANCH GMQS EXEMPTIONS,
SPECIAL REVIEW, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION,
CARETAKER DWELLING UNIT AND HISTORIC DESIGNATION
Resolution No. 99- / qy
RECITALS
1. Flying Elk Ranch, Inc. and Wading Trout Ranch, Inc. ("Applicant") intends to create 4
parcels of 35+ acres each, which does not legally constitute a subdivision within the purview of the
County's subdivision review authority. The Applicant proposes to accommodate four new single
family residences on the parcels.
2. The Applicant has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") for the following approvals:
A. 1041 Hazard Review and Conceptual Submission to establish building and
development envelopes on each parcel;
B. GMQS Exemption to replace one legally established dwelling unit, the Natal
residence, with a new residence of up to 15,000 square feet of floor area on Parcel
2;
C. GMQS Exemption for one additional single family unit on Parcel 1 for a new ranch
manager's residence via the designation and restoration of the original, historic
Natal residence. Parcel 1 will be limited to a maximum of 7,500 square feet of
floor area, exclusive of the historic Natal residence;
D. GMQS Exemption and Special Review to designate Parcels 3 and 4 as TDR
receiver sites, each of which will be limited to a maximum of 7,500 square feet of
floor area; and
E. GMQS Exemption and Special Review to construct attached or detached caretaker
dwelling units ("CDU") on Parcels 3 and 4.
3. The Applicant's parcel is zoned RS-20 and contains 245 acres.
4. Said parcel is located on Woody Creek Road approximately 3.5 miles from the intersection
of River Road and Woody Creek Road, and is more specifically described in Exhibit A.
5. The Planning and Zoning Commission reviewed the application at a regularly scheduled
meeting on July 6, 1999, and recommended approval by a vote of 3-0.
6. The BOCC reviewed the application at a duly noticed public hearing on September 8, 1999,
at which time evidence and testimony were presented with respect to this application.
438626 10/14/1999 01:48P RESOLUTI DAVIS SILVI
1 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Resolution No. 99-179
Page 2
7. The BOCC finds that the application is generally consistent with the applicable provisions
of the Pitkin County Land Use Code, based on the following conclusions:
A. The proposed density is 42% of what is allowed under the current RS-20 zoning.
B. The Applicant has limited the floor area on three of the parcels to a maximum of
7,500 square feet, which will help to minimize visual impacts.
C. The Applicant has designated building envelopes of approximately 2 acres in size,
all of which avoid wildlife habitat areas, geologic hazard areas (including slopes of
greater than 15%), riparian areas, and the 100 year floodplain. In addition, the
wildfire hazard within the envelopes is low and can be mitigated.
D. The development is consistent with the intent of the RS-20 zone district to permit
low density, single family residential development, to preserve agricultural
operations, to maintain the rural lifestyle and to locate development outside of
wildlife habitat. However, avoiding wildlife habitat has required the development
to be located within irrigated lands. The development on Parcels 1 and 2 is
clustered to a certain extent, and while the development on Parcels 3 and 4 is more
"scattered," the constraints on the site do not accommodate further clustering.
E. While the building envelopes on Parcels 1, 3 and 4 are located within areas that
may have previously been used for agricultural purposes, the Applicant has limited
the size of the envelopes in order to be able to preserve a minimum of 95% of the
"acreage historically available for human food production, or hay, grain and other
feed crops for livestock."
F. The Applicant has committed to preserve the historic structures on the property.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby designate
Parcel 1 in its entirety and the log cabin on Parcel 2 to the Pitkin County Historic Inventory.
BE IT FURTHER RESOLVED by the BOCC that it does hereby approve the Natal
Ranch GMQS Exemptions, Special Review, 1041 Hazard Review, Conceptual Submission and
Caretaker Dwelling Units, subject to the following conditions which shall run with the land and be
binding on all successors in interest:
1. Prior to recordation of the 1041 Hazard Review Site Plan, the Applicant shall submit the
Protective Covenants for review and approval by the Community Development Department
and the County Attorney. In addition to the conditions included herein, the Covenants shall
incorporate the "protective covenants/deed restrictions" regarding wildlife use that are
identified by Rick Thompson of Western Ecosystems, Inc. in his report dated June 11,
1999.
2. Prior to submission of any earthmoving, access, ISDS or building permit applications, the
Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development
Department for approval and recording. The site plan shall also be submitted in digital
format for integration into the County's GIS system. The mylar copy of the site plan must
111111 11111 HMI Ill Ill IIIII IIIIII III IIIII IIII �111
436625 10/14/1999 01:45P RESOLUTI DAVIS SILVI
2 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Resolution No. 99-f7r
Page 3
be signed by the owner prior to submittal for recording. The site plan shall specify the
dimensions of building envelopes.
3. Concurrent with recording of the 1041 site plan, the Applicant shall:
A. Record the Protective Covenants.
B. Submit executed Irrevocable Certificate of TDRs for the four TDRs necessary to
achieve a growth management exemption pursuant to the Pitkin County Land Use
Code for development of up to 7,500 square feet of residential floor area on each of
Parcels 3 and 4.
C. Record a covenant or deed restriction approved by the County Attorney's Office
prohibiting further subdivision of the property.
4. Prior to submission of any permits for the development on Parcels I and 2, the Applicant
shall submit an access permit for the common road improvements to the County Engineer
for review and approval. If the driveway exceeds 30 inches above or below natural grade
within the setbacks, the Applicant shall submit and the Board of Adjustment shall consider
a variance application prior to submission of the Access Permit. A fugitive dust control
plan shall be included with the permit for review and approval by the Environmental Health
Department.
5. Prior to submittal of an ISDS permit for each parcel, the owner shall provide documentation
of adequate quality and quantity of water from a well to the Environmental Health
Department. The well shall be located within the building or development envelopes, unless
a location outside of the envelopes is approved by the Environmental Health and
Community Development Departments.
6. Prior to submittal of any building permit for the new residence on Parcel 2, the Applicant
shall obtain a permit for the demolition of the Natal residence and shall abandon the
existing septic system.
7. Prior to submission of any building permits for development on Parcels 1-4, the owner of
each parcel shall:
A. Obtain a fireplace/woodstove permit from the Community Development
Department.
B. Obtain an access permit for each individual driveway (Parcels 3 and 4 only), which
shall be approved by the County Engineer. If the driveway exceeds 30 inches
above or below natural grade within the setbacks, the Applicant shall submit and
the Board of Adjustment shall consider a variance application prior to submission
of the Access Permit.
C. Submit a site specific drainage plan for review and approval by the County
Engineer. Said plan shall address positive grading away from the residence,
diversion of up -slope water from the building site, and on -site detention of flows
from roofs and other impervious surfaces.
D. Submit a fugitive dust control plan for review and approval by the Environmental
Health Department.
1111111 11111 111111 11111IIIII 11111111111 III 111111011111
438625 10/14/1999 01:45P RESOLUTI DAVIS SILVI
3 of 8 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO
Resolution No. 99-/
Page 4
E. Provide construction trip and residential trip generation studies if the free market
residential structure exceeds 5,000 gross square feet, for review and approval by
the County Engineer.
F. Submit a landscaping plan for review and approval by the Community
Development Department.
G. Submit a weed management plan for review and approval by the Land
Management Department.
H. Submit a traffic mitigation plan to address the contribution to air quality
degradation for review and approval by the Environmental Health Department.
8. Prior to issuance of any building permits for development on Parcels 1-4, the owner of each
parcel shall obtain approval of an ISDS permit from the Environmental Health Department.
Septic systems shall be located within the approved building envelopes, unless a location
outside of the envelopes is approved by the Environmental Health and Community
Development Departments, and must comply with the setback requirements from surface
and groundwater sources. A qualified professional engineer must design the system.
9. Prior to submission of earthmoving permits for ponds on any of the parcels, the owners
shall demonstrate that there are adequate water rights for the ponds. The earthmoving
permits shall include a plan to ensure that herbicides or pesticides from the property do not
enter Woody Creek via the ponds and that water from the ponds does not adversely
influence the temperature of the creek.
10. Prior to submission of a building permit for a detached or attached caretaker dwelling unit
on each of Parcels 3 and 4, the owner shall obtain and the Housing Office shall record a
caretaker dwelling unit deed restriction. Floor plans of the unit shall be provided to the
Housing Office when the deed restriction is submitted. The caretaker dwelling unit shall be
limited to 700 net livable square feet, and the kitchen shall contain a minimum of a two -
burner stove with oven, standard sink, and a 6 cubic foot refrigerator plus freezer.
11. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling units, Housing
and Community Development staff shall inspect the unit.
12. All structures shall comply with the standards and requirements of the Aspen Fire
Protection District,
13. The Applicant shall comply with the following provisions regarding irrigation ditches:
A. Grant access to irrigation ditches to ditch owners.
B. Construct buildings immediately uphill of active irrigation ditches unless a ditch is
culverted.
C. Design land uses to avoid flooding problems from flood irrigation.
D. Place basements and soil absorption sewage disposal systems in locations where
they will not be impacted by flood irrigation or seepage from irrigation ditches.
14. The following wildfire mitigation standards shall apply to all parcels:
1111111 11111 111111 111111111111111 111111I 11111011111111
438825 10/14/1999 01:45P RESOLUTI DAVIS SILVI
4 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Resolution No. 99- /7 J
Page 5
A. Vegetation of less than 6 inches in height shall be maintained within a 10 foot
perimeter around all structures. Woody plants shall be avoided.
B. For a minimum of 30 feet around all structures, future landscaping (trees) should
be spaced so that the outer edges of tree crowns will not be closer than 10 feet.
C. 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
hazard areas.
D. Vents shall be screened with corrosive resistant wire mesh with mesh'' 'A inch
maximum.
E. Roofs and gutters shall be kept clear of debris.
F. Yards shall be kept clear of all litter, slash, and flammable debris.
G. All flammable materials shall be stored on a parallel contour a minimum of 15 feet
away from any structure.
H. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained
to a height of not more than 6 inches.
I. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet
away from the structure.
J. Swimming pools or ponds shall be accessible to Fire Department vehicles.
K. Fences shall be kept clear of brush and debris.
L. Wood fences shall not connect to the structure.
M. Fuel tanks shall be installed underground with an approved container.
N. Propane tanks shall be installed according to NFPA 48 standards and on a contour
away from the structure with standard defensible space vegetation mitigation
around any above -ground tank. Any wood enclosure around the tank shall be
constructed with materials approved for2 hour fire -resistive construction on the
exterior side of the walls.
O. Each structure shall have a minimum of one 10 pound approved ABC fire
extinguisher placed in a visible and accessible location.
P. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be
visible and installed on a non-combustible post.
Q. New utility lines shall be buried within or along roadways.
15. No development, including grading, excavation, fill placement, landscaping, vegetation
removal or disturbance, cisterns, entry gates, septic system and well, shall occur outside of
the approved building envelopes, except agricultural uses, ranching, equestrian and hiking
trails, recreational activities, utility and driveway extension and maintenance. Landscaping,
including installation of ponds, may occur outside of the building envelopes, subject to
review and approval of a specific landscape plan by the Community Development
Department. Wells and septic systems may be located outside of the building envelopes, if
approved by the Environmental Health and Community Development Departments.
16. The property shall be subject to the following limitations on floor area to be measured
based on the County's regulations in effect at the time of building permit submittal:
A. Parcel 1 shall be limited to a maximum of 7,500 square feet of resid ntial floor
area, exclusive of the historic Natal residence.
B. Parcel 2 shall be limited to a maximum of 15,000 square feet of residential floor
area
IIIII 111111 11111111111 III 11111 IIII II11
438625 10/14/1999 01:45P RESOLUTI DAVIS SILVI
5 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Resolution No. 99-J'Jy
Page 6
C. Parcels 3 and 4 shall each be limited to a maximum of 7,500 square feet of
residential floor area, inclusive of caretaker dwelling units, in the event built.
17. Areas disturbed by construction of access drives and installation of utilities shall be
revegetated no later than one growing season after completion of work.
18. The Applicant is not required to submit annual reports attesting to conformance with the
conditions of this approval, nor is the proposed use required to commence within 12 months
of the date of this approval, as would otherwise be required under the Special Review
provisions in the Land Use Code.
19. The Applicant shall adhere to all material representations made in the application or in
public meetings or hearings and shall consider those representations to be conditions of
approval, unless amended by other conditions.
20. The vested rights for the approval contained herein shall expire five years from the date
of this approval on the 9— day of3e.Pr. ,2004.
21. The Applicant has recombined Parcels 1 and 2 for purposes of consideration of this
application. The combined parcel as it is configured as of the date of this approval shall
be limited to a total of 15,000 square feet of floor area, unless 35+ acre parcels are
created, whereupon the floor area for each parcel shall be as represented by the
Applicant.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 7th day
of August, 1999.
APPROVED AND ADOPTED this 8th day of September, 1999.
PUBLISHED AFTER ADQPTION FOR VESTED REAL PROPERTY RIGHTS in
the Aspen Times Weekly on the ay of DC!' , 1999.
ATTEST:
dee R. Dean, Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
OF PI,, COUNTY COLO'+DO
Leslie J. L.Ifl1CR, Chair
Dat�t? . fal i gq i
IIIIII IIIIII III IIIII IIII �111
438825 10/14/1999 01:45P RESOLUTI DIMS SILVI
8 of 9 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO
Resolution No. 99- /7V
Page 7
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Couney
Case #P39-99
PID #2643-093-00-024
suzannew\pitkin\eases \specrev\natal \reso
carevml09/09/99
Cindy Houben,
Community Development Director
1111111 11III 11III1 111111111111111111111II! 11111 I11I 1111
436625 10/14/1999 01:45P RESOLUTI DAVIS SILVI
7 of 9 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO
a: r9nr
EXHIBIT A
PARCEL I
PARCEL A
Lot 15 and those portions of Lots 8, 9, 14, 16 and 17
situate in Section 23 of Township 9 South, Range 85 West of
the Sixth Principal Meridian, described as follows:
Beginning at the East Quarter Corner of said Section 23;
thence North 83°15' West 2266.84 feet to an angle point in
the boundary of land described in Decree recorded February
13, 1969 in Book 239 at Page 438 in the Office of the Clerk
and Recorder of Pitkin County; thence South 07°02' West
along said boundary 2230.17 feet to the Southwest corner of
said Lot 17; thence East along the Southerly boundary of
said Lot 17 to an angle point in the boundary of land
described in Quit Claim Deed recorded January 7, 1965 in
Book 211 at Page 126; thence North 81°18' East 411.48 feet,
South 76°31' East 244.16 feet and North 38°27' East 223.61
feet, all along boundary of land described in said Book 211
at Page 126 to a point on the Easterly boundary of said Lot
17; thence North along said Easterly boundary of said Lot 17
to an angle point in the boundary of land described in Quit
Claim Deed recorded December 21, 1964 in Book 210 at Page
488; thence North 38°27' East 310.96 feet, and North 36°08'
East 396.36 feet, along boundary of land described in said
Book 210 at Page 488, to a point on the Southerly boundary
of Lot 15; thence East along the said Southerly boundary of
said Lot 15 to the Southeast corner of said Lot 15; thence
North along the Easterly boundary of said Lot 15 to the
point of beginning.
EXCEPTING THEREFROM, a strip of land sixty feet in width
being thirty feet on each side of the center line of a road
through and across the Northeast Quarter of said Section 23
as described, to the Woody Creek Toll Road Company, in quit
claim deeds recorded September 28, 1891 in Book 93 at Page
289 and recorded October 3, 1891 in Book 93 at Page 292.
PARCEL B
ALSO, a parcel of land situate in Section 24 of Township 9
South, Range 85 West of the Sixth Principal Meridian
described as follows:
The North Half of the Northwest Quarter of the Southwest
Quarter;vthe Southeast Quarter of the Northwest Quarter of
the Southwest Quarter the South Half of the Northeast
Quarter of the Southwest Quarter; the Northeast Quarter of
the Southeast Quarter of the Southwest Quarter;' the
Southeast- Quarter of the Northwest Quarter of the Southeast
Quarter;✓the North Half of the Southwest Quarter of the
Southeast Quarter; the Southwest Quarter of the Northeast
Quarter of the Southeast Quarter; and the North Half of the
North Half of the Southeast Quarter of the Southeast
Quarter.
EXCEPTING THEREFROM, a strip of land sixty feet in width
being thirty feet on each side of the centerline of a road
through and across the West Half of said Section 24 as
described in Quit Claim Deed to Woody Creek Toll Road
Company recorded September 28, 1891 in Book 93 at Page 289.
1111111 I1III IIIIII IIIII IIIII IIIII 111111111 IIIII IIII IIII
438825 10/14/1999 01:45P RESOLUTI DAVIS SILVI
8 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
A: 99-/7Y
1
1
1
1
1
1
1
1
1
1
EXHIBIT A (Continued)
PARCEL C
ALSO, H.E. Survey No. 210, embracing a portion of Section 24
in Township 9 South of Range 85 West and Sections 19 and 30
in Township 9 South, Range 84 West of the Sixth Principal
Meridian, more particularly described as follows:
Beginning at Corner No. 1, identical with the corner to
said Sections 24, 19 and 30;
thence South 89°53' West 10.50 chains to Corner No. 2;
thence North 03°02' East 9.91 chains to Corner No. 3;
thence North 89°50' East 10 chains to Corner No. 4;
thence North 00°06' East 0.71 chains to Corner No. 5;
thence South 89°38' East 1.71 chains to Corner No. 6;
thence South 51°07' East 21.47 chains to Corner No. 7;
thence South 31°10' East 11.41 chains to Corner No. 8;
thence North 71°23' West 21.97 chains to Corner No. 1,
the point of beginning.
EXCEPTING from the above Parcels A, B and C land conveyed to
Cora Louise Natal, Dennis Stanley Natal and Ronald Matthew
Natal by Warranty Deeds recorded March 7, 1986 in Book 506
at Page 750 under Reception No. 276166, recorded March 7,
1986 in Book 506 act. Page 715 under Reception No. 276167, and
recorded March 7, 1986 in Book 506 at Page 752 under
Reception No. 276168.
PARCEL II
ALSO, real property in Township 9 South, Range 85 West of
the 6th Principal Meridian in Section 23: Lot 15, and a
tract of land described as follows: Commencing at the East
Quarter Corner of said Section 23; thence N. 82°44' W.
2131.3 feet; thence South 155.7 feet; thence East 1221.4
feet to the point of beginning.
AND in Section 24: NWINWISW1
PARCEL III
ALSO, real property in Township 9 South, Range 85 West of
the 6th Principal Meridian in Section 24: E}NW}SW;SE};
NElSW}SE}; SEINWkSE}; SWINEISEI; and W4N}SE*SE}.
PARCEL IV
ALSO, H.E. Survey No. 210, embracing a portion of Section
24, Township 9 South, Range 85 West of the Sixth Principal
Meridian and Sections 19 and 30, Township 9 South, Range 84
West of the Sixth Principal Meridian, as more particularly
described in Patent No. 827515 dated October 8, 1921,
Reception No. 105985 of the Pitkin County records, and the
EjNjN}SE}SE}, Section 24, Township 9 South, Range 85 West of
the Sixth Principal Meridian.
1111111111111111111111111111111111111111111111111111111
436625 10/14/1999 01:45P RESOLUTI DAVIS SILVI
9 of 9 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO