HomeMy WebLinkAboutbocc.res.077.2011 RECEPTION #: 582743, 09/15/2011 at
10:52:46 AM,
1 OF 7, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE ROARING FORK MEADOWS SUBDIVISION/PUD
EMPLOYEE HOUSING AMENDMENT AND SITE PLAN REVIEW
Resolution No.07 -2011
RECITALS
1. Roaring Fork Meadows LLC ( "Applicant ") has submitted an application to the Board of County
Commissioners of Pitkin County, Colorado ( "BOCC ") to amend the PUD Guide regarding employee
housing mitigation. The Applicant is requesting approval for alternatives to the deed restriction of
the remaining three - bedroom residence (AFH 1) to mitigate for three FTEs, including construction of
a replacement three - bedroom residence in a different location within Common Parcel One or a
payment -in -lieu.
2. The Applicant is also requesting Site Plan Review approval for the potential replacement three-
bedroom deed - restricted residence within the approved building envelope on Common Parcel 1.
3. The property is located on Wingo Ranch Road off of Hoaglund Ranch Road, and is described as
Common Parcel 1, Roaring Fork Meadows Subdivision/PUD.
4. The lot is zoned AR -10 and contains 14.247 acres.
5. The BOCC approved the subdivision/PUD, pursuant to Resolution Nos. 068 -2004 and 143 -2005. The
Final Plat was recorded in Plat Book 78 at Pages 84 -86. The PUD Guide was recorded as Reception
#523402. The subdivision consists of five residential lots (Lots 1 -5), two common parcels (Common
Parcels 1 and 2) and one tract (Tract A — conveyed to the County). The BOCC subsequently designated
the four Edwin McMillan ranch cabins to the Pitkin County Historic Register and granted a growth
management exemption for 2,500 square feet of subgrade space on each of Lots 2 -5 of the subdivision,
pursuant to Resolution No. 051 -2008. The Covenant Agreement for the Preservation of the Historic
Resources was recorded as Reception #550630, and the amended PUD Guide was recorded as
Reception #550997.
6. The BOCC approved an amendment to the PUD Guide, pursuant to Resolution No. 061 -2010, which
clarified the timing for deed restriction of the two existing residences on Common Parcel 1. The
Applicant is currently required to deed restrict the two existing residences on Common Parcel 1 prior
to issuance of a Certificate of Occupancy for a free market residence on any of Lots 3, 4 or 5 to
mitigate for 3.465 FTEs. The Amended PUD Guide was recorded as Reception #571156.
7. The one- bedroom residence (AFH2) was in disrepair and was demolished this spring. The Applicant
entered into an agreement with the County at that time to escrow $65,000, which is the amount of the
payment -in -lieu that would be required to mitigate for 0.465 FTEs. The County will hold the deposit
until the Applicant constructs a residence to mitigate for at least 0.465 FTE or authorizes the County
to retain the deposit in lieu of replacement.
Resolution No -2011
Page 2
8. The Community Development Director approved minor amendments to the envelopes, the realignment
of the main access road, and the renaming of the subdivision to Roaring Fork Meadows Subdivision/
PUD, pursuant to Administrative Decision No. 40 -2010. The amended plat was recorded in Plat Book
94 at paged 35 -41, and amended 1041 site plans were recorded in Plat Book 94 at Page 42 -46.
9. The Applicant has submitted an application to subdivide the adjacent Barta Parcel into two lots, to
obtain a growth management allotment for the new lot, and to combine those lots with the Roaring Fork
Meadows Subdivision. The application has been reviewed by the Planning Commission, but has not yet
been reviewed by the BOCC.
10. The BOCC considered this application at duly noticed public hearings on July 27 and August 10, 2011,
at which times evidence and testimony were presented with respect to the application.
11. The BOCC finds that it is appropriate to provide two alternatives to mitigate for three FTEs: construct a
new three - bedroom deed - restricted residence or make a payment -in -lieu, with the funds restricted for
use within the Basalt Urban Growth Boundary, but did not support deed restriction of the existing
residence.
12. The BOCC further finds that the Site Plan for the proposed deed - restricted residence complies with the
applicable provisions of the Code, as follows:
A. The previously approved building envelope complies with the standards of the current Code.
B. The proposed residence is not visible from Highway 82, and, therefore, is exempt from Scenic
View Protection Review.
C. Access to the residence via Hougland Ranch Road is only acceptable if the Applicant improves
the road to comply with current standards.
D. The development complies with other applicable Site Plan review criteria of the Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the Roaring
Fork Meadows Amendment to Development Permit and Site Plan Review, 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 or in public meetings
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
2. All conditions of BOCC Resolution Nos. 068 -2004, 143 -2005, 051 -2008 and 061 -2010, and
Administrative Decision No. 40 -2010 shall remain in full force and effect, except as amended herein.
3. Within 60 days of the date of this approval, the Applicant shall be required to submit for approval by
the County Attorney and Community Development Director an amendment to Article 2, paragraph 8
of the PUD Guide (as amended) and any other associated paragraphs, to provide the following
alternatives for affordable housing mitigation:
A. Prior to issuance of a building permit for a residence on any of Lots 3, 4 or 5, the Applicant shall:
1) Obtain a building permit to construct a new studio or one- bedroom unit (subject to Site Plan
Review), or shall make the applicable payment -in -lieu for 0.465 FTEs, based on the
Aspen /Pitkin County Housing Authority ( "APCHA ") Guidelines in effect at the time.
2) Obtain a building permit to construct a new three - bedroom deed - restricted unit on Common
Resolution No. 61? -2011
Page 3
Parcel 1, or shall make the applicable payment -in -lieu for three FTEs, based on the APCHA
Guidelines in effect at the time.
3) The Applicant shall obtain a Certificate of Occupancy for the deed - restricted unit(s) prior to
or concurrent with issuance of a Certificate of Occupancy for the first residence completed
on Lots 3, 4 or 5.
B. If built, the on -site unit(s) shall be deed restricted as Category 4 rental single family residences.
Employees of the Roaring Fork Meadows Subdivision/PUD shall have first priority to rent the
units, but if there are no qualified ranch employees, the units shall be provided to any other
qualified Pitkin County employee. The Applicant may opt in the future to convert the unit(s) from
rental to sale unit(s), subject to the APCHA Guidelines, or the County may require the conversion
to sale unit(s) if there is an extended period of non - compliance with the APCHA Guidelines.
4. Prior to submission of any building permit applications for the new three - bedroom deed - restricted
residence, 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 2.1.12. The above referenced approvals shall be a
condition precedent to finalization and recordation of them.
5. Prior to submission of a building permit application for the three - bedroom deed - restricted residence, the
Applicant shall:
A. Demonstrate legal access on those portions of Hoaglund Ranch Road that are not within the
Roaring Fork Meadows Subdivision.
B. Obtain an Access Permit to widen Hoaglund Ranch Road to create a 20 foot all season driving
surface and to install a turnaround just above the Kester Ditch. The 20 foot driving surface shall
extend up to the turnaround. The road width may be narrowed around any existing utility pedestals
or poles. The Access Permit shall be approved by the Planning Engineer and the Basalt and Rural
Fire Protection District ("BRFPD").
C. Submit an executed maintenance agreement between the Hoaglund Ranch and Roaring Fork
Meadows HOAs for use of the existing pond and dry hydrant system on Hoaglund Ranch to serve
the residence on Common Parcel 1; the agreement shall be reviewed and approved by the BRFPD.
The pond shall be kept full, maintained and serviceable for emergency use at all times. The HOAs
shall ensure that annual testing is conducted on the dry hydrant system to ensure operational
readiness. Testing and maintenance shall comply with the provisions of NFPA 25, Standard for the
Inspection, Testing and Maintenance of Water Based fire Protection Systems, to the satisfaction of
the BRFPD.
D. As an alternate to item 5C above the Applicant may elect to provide a dry hydrant system to
serve the residence on Common Parcel 1 from the existing "Gazebo Pond" located on Common
Parcel 1. If the Applicant elects this option it shall work with the BRFPD to design an
acceptable system that is approved by the BRFPD. This option will not require an executed
maintenance agreement with the Hoagland Ranch HOA and will be an independent system only
serving the new residence on Common Parcel 1.
6. Prior to issuance of a building permit for the three - bedroom deed - restricted residence, the Applicant
shall:
A. Record a Deed Restriction Agreement acceptable to the Aspen /Pitkin County Housing Authority
( "APCHA "). The residence shall be deed restricted as a Category 4 rental single family
residence, as defined in the APCHA Guidelines. The specific terms of the deed restriction are
Resolution No.011 -2011
Page 4
set forth in a separate agreement between the Applicant and APCHA to be recorded in the
records of Pitkin County.
B. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
C. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer and
BRFPD.
D. Obtain a fireplace /woodstove permit from the Community Development Department, if
necessary.
E. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist for review and approval by Planning/Zoning. If the total development disturbs one acre or
more, the Applicant shall apply for and obtain a State Stormwater Permit, and/or this aspect of the
overall development shall be included in the existing SWMP for the subdivision. All historic and
natural drainage patterns shall be maintained. Stormwater shall be detained on -site and allow
infiltration of runoff prior to discharge.
F. Obtain an on -site wastewater treatment system (OWTS) construction permit.
G. Submit a construction management plan for review and approval by Planning/Zoning. No parking
is permitted along Hougland Ranch Road.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and landscape
plan.
I. Provide adequate engineering of all retaining walls over four (4) feet in height and /or any
improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of seven
(7) feet tall.
J. Pay the applicable road impact fee.
7. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
A. Defensible Space: The area around all buildings /structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, 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 ten (10)
foot perimeter around all structures.
2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater
slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines for Rural Homeowners,
which provides general guidelines that may be modified by a wildfire expert acceptable to
the County).
3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be
a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be
equal to 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 thirty (30) foot perimeter shall be pruned to a
height of ten (10) feet above the ground with removal of ladder fuels from around trees and
brush.
5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
Resolution No. 611-2011
Page 5
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down
and dead materials shall be removed.
6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15) feet of chimneys shall be removed.
7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8) All deadfall up to a one hundred (100) foot perimeter shall be removed.
9) No new conifer trees shall be planted within ten (10) feet of a residence.
10) No flammable mulches shall be placed within two (2) feet of a residence.
11) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non - combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth (
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
7) Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
11) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire- resistive construction on the exterior side of the
walls.
Resolution Noij7 -2011
Page 6
13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non - combustible post.
15) Utilities shall be extended underground.
8. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Contractors /construction workers shall be required to provide bear proof containers for all edible
and food related trash.
C. Trash /garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
D. Avoid fruit - bearing trees and shrubs in any landscaping.
E. Construction workers are prohibited from bringing their dogs on site.
F. All outside doors shall utilize only solid round handled door knobs, unless another type is
required by the applicable Building Code for disabled accessibility purposes.
9. No development including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved activity envelopes,
except as necessary to comply with the wildfire mitigation measures described above.
10. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
11. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one
growing season of the project's completion.
12. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
13. 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.
14. 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
ode § 2 -20 -170 and C.R.S. § 24 -68 -105. The statutory vested rights granted herein shall expire on
, 2014.
Resolution No.611 -2011
Page 7
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 26 day
of June, 2011.
APPROVED AND ADOPTED on the 10 day of August, 2011.
PUBLISHED AFTER ADOPT' I FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the day of1►,� %� , 2011.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLO' • D
-44 .
By
< 1
chel E. Richards, Chairwoman
A EST: �- / �- G/(
Ji
.lea , tte Jones, Clerk j, the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
dtALthe coulAc John El
Community Development Director • P . ey
Case #P039 -11; PID 246721203801