HomeMy WebLinkAboutBOCC Packet 07252012 Sustainable Settings MP AmendmentMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — July 25, 2012
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THRU: Cindy Hou`6en, Community Develogment Director
FROM: Suzanne Wolff, Senior Planner
RE: Sustainable Settings Master Plan Amendment
SiTMMARY: The Applicant is requesting to amend the prior approval to allow one specia] event annually
of up to 200 people without obtaining a Special Event/Temporary Use Permit. The approval currently
requires a permit for a11 special events with more than 50 people.
APPLICANT: Sustainable Settings Inc.
REPRESENTATIYE: Brook LeVan
LOCATION: 6107 Highway 133
ZONING: The properly is zoned PUB and contains 244 acres. The properly is subject to a Conservation
Easement to the benefit of the County, which restricts uses and activities on the property.
BACKGROUND: The BOCC rezoned the property to PUB and granted approval of a Master Plan
pursuant to Resolution No. 140-2003 (Attachment D). This approval also established a building envelope,
granted a growth management exemption for an essential community facility, and designated the historic
resources to the County's Historic Inventory.
In compliance with the approvai, the Applicant has recorded the following dacuments:
The Master Plan was recorded as Reception #542137, with the associated site pians recorded in Book
84 at Pages 97-98.
The Covenant required in association with designation of the historic resources to the Historic Inventory
is recorded as Reception #532648.
The historic ranch house was deed restricted for occupancy by employees at Sustainable Settings
(Reception #497362).
The Applicant is in compliance with the conditions of approval. The 20l 0 and 2011 annual reports are
attached.
The Applicant obtained a permit and has completed the construction of an on-site wastewater treatment
system designed to accommodate the existing two-bedroom residence, a bathhouse to serve 20 primitive
camp sites and 30 people visiting the site approximately 2 hours per day. The bathhouse will consist of two
Sunny John moldering toilets (vault privies), two sinks and two showers. The toilets have been installed,
but the other bathhouse facitities have not been installed.
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STAFF COMMENTS:
Master Plan Amendment — Snecial Event: The Applicant is requesting to amend the prior approva] to
allow one special event of up to 20Q people — the Annual Harvest Festival — without a Special
EventlTemporary Use Permit (refer to Attachment A for the Applicant's request). The approval currently
requires a permit for all special events with more than 50 people (Refer to Eachibit B of Resolution No. 140-
2003, item B8). �A permit would still be required for any other event that exceeds 50 people.
The Applicant asserts that they have ample parking and adequate access from Highway 133, and no
immediate residential neighbors. The Applicant is concerned with the cost of obtaining a special event
permit for the Harvest Festival each year. The Applicant has not obtained a permit for this event in the past.
The Applicant's request for the Harvest Festival is consistent with the Code, which allows a"fund-raising or
non-commercial event for a nonprofit religious, educational, or community service organization" without a
temporary use permit provided that:
• The event is conducted entirely, including parking on property owned or leased by the sponsoring
organization as a permanent facility.
• Any structure used in conjunction with the event shall be the subject of a valid building permit and shall
be promptly removed upon cessation of the event.
• The event is limited to 8:00 AM — 9:00 PM, one day, and no more than two events per year.
• Notice of the time and place of the event and estimated attendance shall be provided to the County
Engineer and Sheriff 72 hours prior to the event.
The Harvest Festival is consistent with these criteria.
When the original approval was granted in 2003, events were limited since the Applicant did not have much
information on the parameters for larger events. Staff finds that the request for one event per year of up to
200 people for an event to benefit Sustainable Settings is a reasonable request.
RECOMMENDATION: Staff recommends that the BOCC adopt a motion to amend Resolution No. ] 40-
2003 to allow one event per year for up to 200 people without a Special Event Permit, subject to the
attached Resolution.
Attachments
A. Request to amend condition related to special events
B. Annual Reports 2010 & 2011
C. OWTS Construction permit
D. Resolution No. 140-2003
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RESOLUTTON OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING AN AMENDMENT TO THE SUSTAINABLE SETTINGS MASTER
PLAN REGARDING THE ANNUAL HARVEST FESTTVAL
Resolution No. -2012
RECITALS
1. Sustainable Settings, Inc. ("Applicant") has submitted an appticatian to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC") to amend the Master PIan to allow one event per
year of up to 200 people — the Annual Harvest Festival — without requiring a Special Event/Temporary
Use Permit. The approval requires a permit for any event with more than 50 people.
2. The property is located at 6107 Highway 133, and is Iegally described in Exhibit A.
3. The property is zoned Public ("PUB"), contains 244 acres. The property is subject to a Conservation
Easement to the benefit of the Couniy, which restricts uses and activities on the property.
4. The BOCC rezoned the property Co PUB and granted approval of a Master Alan, pursuant to Resolution No. ! 40-
2003. This approval also established a building envelope, granted a growth management exemption for an essential
cammunity facility, and designated the historic resources to the County's Historic Inventory. The Master Plan
was recorded as Reception #542 ] 37, with the associated site plans recorded in Book 84 at Pages 97-98.
The Covenant required in association with designation of the historic resources to the Historic Inventory
is recorded as Reception #53264$. The historic ranch house was deed restricted for occupancy by
employees at Sustainable Settings (Reception #497362).
5. The BOCC considered the amendment at a regular meeting on July 25, 2012.
6. The BOCC finds that the request is consistent with Sec. 4-30-50(i)(3) ofthe Land Use Code, which
allows a"fund-raising or non-commercial event for a nonprofit religious, educational, or community
service organization" without a temporary use permit provided that:
• The event is conducted entirely, including parking on properly owned or (eased by the sponsoring
organization as a permanent facility.
• Any structure used in canjunction with the event shall be the subject of a valid building permit and
shall be promptly removed upon cessation of the event.
• The event is limited to 8:00 AM — 9:00 PM, one day, and no more than two events per year.
• Notice of the time and p[ace of the event and estimated attendance shaU be provided to the County
Engineer and Sheriff 72 hours prior to the event.
7. The BOCC finds that the Harvest Festival is consistent with these criteria, and is otherwise consistent
with the prior approval.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the proposed
amendment to the Master Plan for the Castle Creek Campus, subject to the following conditions, which
shall run with the land and be binding on all successors in interest:
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Resolution No. -2012
Page 2
l. 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 No. 140-2003 sha(t remain in full force and effect, except as
amended herein.
3. Item B8 in Exhibit B to Resoiution No. 140-2003 shall be replaced with the following: "Special
events with more than 50 people – subject to approval of a Special EventlTemporary Use Permit.
One event per year with up to 240 people – the Annual Harvest Festival – may occur without a
Special Event/Temporary Use Permit, subject to compliance with the following:
A. The event shall be conducted entirely, including parking, on the Sustainable Settings property.
B. Any structure used in conjunction with the event shall be the subject of a valid building permit
and shall be promptly removed upon cessation of the event.
C. The event shall be limited to one day between the hours of 8:00 AM – 9:00 PM.
D. Notice of the time and place of the event and estimated attendance shall be provided to the
County Engineer and Sheriff 72 hours prior to the event.
APPROVED on the 25`h day of 3uly, 2012.
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO CONTENT:
��—
in y Houben
Community Development Director
PID 246327200016
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
:
Michael M. Owsley, Chairman
APPROVED AS TO FORM:
John Efy
County Attorney
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Event Numbers Amendment for Sustainable Settings Ranch 6. 2012
RE: Requesting a needed change from gatherings of 50 people before we would need an
event permit to include one 200-person annual harvest celebration.
This request is to change our original agreement with Pitkin County allowing gatherings of up to
50 people before we need to apply for an event permit to now include one gathering annually of
200 people. This request comes after Sustainable Settings has inhabited the Thompson Creek
Ranch for nine years. The last nine years has allowed the organization to build momentum,
understand our neighbors, learn how the site works, how our community educational
programming functions, and how fundraising events need to and can develop to keep our
organization financially solvent.
Celebrating the bounty of arznual harvest on farms and ranches is a longstanding tradition in most
rural communities in this country and it is one we have honored, arid will continue to honor. We
have hosted our Annual Harvest Festival in past years and have always limited the seats to 200.
This limitation of 200 people has evolved in order to maintain some form of intimacy for the
gathering and host a manageable seasonal celebration as part of our overall program.
In considering this request please keep in mind that the ranch site is on Colorado State Highway
133, not, for instance, on Prince Creek Road or a smaller county auxiliary road with numerous
neighbors to consider. We also have demonstrated in past gatherings that we have ample parking
within our 20-acre building area to accommodate 100+ caxs for such an event.
In addition, the Thompson Creek Ranch is 244 acres, a 1.4 mile long parcel on the highway and
backed by over a 1,000 acres of the Sewell Ranch and BLM to the West and South, The
Fa1es/Perry Ranch on the far Northern end (their homes being over a mile and a half away, 100
acres of Pitkin County Open Space (comprised of pasture, woodland and Crystal River front that
was historically part of the old Thompson Ranch} directly across Highway 133 to the East. In
other words, save two homes diagonally 1/10+/- of a mile down and across the highway and one
across Thompson Creek, we are surrounded, not by close neighbors but predominately by vast
open agricultural and wild lands.
Sustainable Settings is a non-profit organization and is constantly trying to raise enough
operating capital to keep the doors open. Permit fees of $700 +/- to hold this annual event of up
to 200 would take much of the moneys we are trying to raise for operating capital. A permit fee
for this scale event, given what we actually make in funding would encourage us to make tha
event larger than we would like it to be and cause more impacts than necessary. Most of our
educational programming and community events have only raised $500-800 or less thus permits
would cancel out any financial reason to hold them.
We have been keeping track of how our program is developing so that we can come up with
some realistic numbers that allow us to function as a working demonstration of sustainable
agriculture and a community learning center that is open to the public and collaborates with all
the schools in the Roaring Fork Valley without either disturbing our neighbors or making
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permitting so cost prohibitive that we can not offer the richness to our community that it has
come to know in the last nine years.
Allowing one 200-person event annually before we need a permit would allow us to function at
an appropriate scale. Should we wish to have events that are larger than this one we understand
we would need to expand the scale of the event to increase the numbers and dollars earned in
order to accommodate paying for the permit fees and related costs.
Lastly, how this ranch is zoned may help in the decision to allow this request to be approved.
Contact: Brook Le Van, Director, Sustainable Settings ph: 963-6107
e: brook(a�sustainablesettin�s.org
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0►NStTE WASTEWATER TREAI ._.�NT SYSTEM (OWTS)
CONSTRUCTI4N PERMIT
0405 Castle Creek Road, Suite 1 �� Aspen, CO � 81611
Phone:970.920.5070 Fax:970.920.5077
Permit #: OQ18.2011.powt Parce► �t� #: 2463-272-00-� 16
Permit ISSUed: �NEW (Phase t} �REPAIR ❑REMODEL/ADDITION ❑TANK ONLY ❑FiELD ONLY ❑AMENDMENT
Owner(s); _ Sustainable Settings
Property Address: 6107 Hwy 133
Legal Description:
Size of Lot: 244 Acres Detached Accessory Unit: pYES �NO
Size of Building: Sq. Ft. Size of Accessoryr Unit:
Sq. Ft.
Designed By. Schmueser Gordon Meyer Project #: 2011-306.001 Dated: May 19, 2011
Phone #: 970-945-10Q4 Mailing Address: 118 West 8ixth Street, Suite 200, Glenwood 5prings
Fax #: 970-945-5948 Email Address:
Perc Rate: 39 mpi Profiie Hole Depth: 8' Depth to Groundwater or Bedrock: Greater than 8 ff
Minimum Tank Capacity: 2719 gallons Minimum Absorptian Area: 1901 sq ft w! 50% reduction
P'ertn�f Ctir�ditior�s:
This OWTS Construction Permi! is approved on the condition af compiiar�ce with the engineer design as submitted with the application and the specifications
cited above. Changes must be approved by this depaRment and the enginesr prior to construction.
This system was designed to accommodate the following,..A 2 bedroom home (35D ga!lons} 1 a bathhouse to serve 20 primitive camp
sites (140Q gallonsj ! 30 peaple visiting the site approx 2 hours/day (150 gallons). The bathhouse wili consist of 2 Sunny John
moldering toilets (vaults privies), two sinks, and two showers. Two sinks from an adjacent building wiA be connected to this system, as well
as the existing 2 bedroom residence.
This system wiil consist of two vault privies under the Sunny John moldering toilets, iocated in the restroom! bathhouse facility. The vault
privies themselves, as well as fhe superstructure must mest al! criteria outlined in section 6.28,940 C. Disposal of waste material must be in
accordance with all applicable state and federal regulatians. �, n � Q
The remainder of the system will consist of one 2004 gallon single compartment tank, followed by a 7000 gailon�ampartment tank with
an Orenco simplex pumping system. The pump must be equipped with a visible and audible alarm. An ADV wiii distribute efftuent to six
gravelless chamber trenches. Each trench wiil consist of 32 Quick 4 gravelless chamber units for a totai of 192 units. There must be at
least 6' of undisturbed soii between each trench. Trench depth shouid not exceed 3',
The absorption area must be at least 144 feet from any stream or ditch and 994 feet from any well. The etfluent line thaf crosses the ditches
inust be encased for 50' on each side of the crossings with Schedule 40 pipe rating or better with ridged end caps, secured in a watertight
fashion to fhe ends of ihe encasement pipe.
This Permit must be kept on-site during instaliatian. The engineer musT do a final inspection of the installation and submit a� "as-builY' letter to this
Department within 30 days of tbe final inspectian, u�less a longer period of tfine has been agreed upon, in w�iting. This Department must also be called for
the fina! inspection with a minimum oF 48 hours not+ce.
Minimum harizontal distances between components of the system and physicai features shail conform to the requirements of the Pitkin County OWTS
Regulation.
Tliis Permit is conditioned upon the property owner{s) providing for regular inspection, cleaning, and maintenance of the system by qualified personnel, in
accordance with the manufacturer's recommendations and the requirements of the Pitkin County �WTS Regulation. Issuance of this OWTS Construction
Permit does not constitute a guarantee, warranty, or representation by the Department that the sysfem wilt operate properly or will not fail.
THI a PERMi1� IS EXF+RESSl.Y Ct�f�D6TIt1NED UPC}�3 CCIMPLl1kI�CE V4tiiH ;�LL E�Et�titRE�li��f7S OF TE�E P€TKtN
CC)UNTY t,�VtfTS REGt1LATl4N, thlCE.liDtNG BUT Nf3T LitstttTED Tt7 T�C}SE CC7f�bfi(Clh3�s �P�CI�EEGi ABQVE.
Plans and specifications for the proposed OWTS have been reviewed and are considered satisfactory. Permission is hereby
given to the property owner(s} to perform the work indicated in accordance with the Pitkin County OWTS Regulation. This
Permit will expire 1 year from ihe date of issuance unless construction on the system has commenced. An "as-built" drawing
must be submitted and approved by EH before fina( approval of the system will be issued.
Issued By: i� Date: 22 Expires: (p /2Z �j Z
--�—
Inskaiter. � �' License #c �� ReactivaUon Authorized by:
Fina! Approvai lssued By: �� ate: �"'�,n�,,;l� �.� New Expiration 0ate: Q�p�
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RESOLUTI�N OF THE BOARD OF CdUNTY COMMISSI�NERS OF' PITKIN CQUNTY,
COLORAD4 GRANTING APPROVAL TO SUSTAINABLE SETTINGS INC. FOR THE
THOMPSON CREEK RANCH PUB �PUBLYC} MA.STER PLAN, 1041 AA7.ARi? ��W, A�
GIYIQS EXEMPTION FOR AN ESSENTIAL COMMUNITY FACII�ITY AND DESIGNAT�TG
THE ffiSTORIC RESOURCES TO THE PITKIN COUNTY AISTORIC 3NVENTORY
Resotuhon No. 1L(�20U3
RECTTALS
l. Sustainable Settings Inc., hareafter "Applicant", has appliad to the Board of County Commissiai�ers of
Pitkan County, Colorado, hereafter "BOCC", to rezane the properly to PUB (Public} in order ta
accommodat8 a non-profit research and educationai facility that "wiil pioneer and demonstxate
methods of sustainable agriculture, ecasystem restoration, green building" and the integration of
these disciplines. The Applicant is reqvesting the following land use approvals:
A. Rezoning from RS-30 to PUB
B. PUB Master Plan to specify uses, activities and site development
C. Code Amendments to a.mend the PUB zone district and to create a definition for "wind
generators"
D. GMQS Exemption for an essentia[ commnnity facility �
E. 1041 1-Tazard Review.
2. The property is located on the West side of Highway 133, approximately 4 miles south of
Carbondale, and is more specifically described in Exhibit A.
3. "Y'he property is subject to a conservation ea.sement to the benefit of #he Board of County
Corrimissioners recorded as Reception No. 485464 in the records of the Pitkin County Clerk that
iestricts uses and activities that may occur on the parcel.
4. Tlie Fitkin County Planning and Zoning Cammission cansidered the proposed rezaning at regularIy
scheduled meetings on August 5 and September 2, 2003, and recommended approval by a vote of 3-1.
5. The BOCC considered the proposed a.pplication at a duly noticed pubiic hearing on October 22, 2003,
and voted to approve the appiication on second reading an December Z 7, 2003.
6. The BOCC fnds that the a�piication is consistent witE► the appficable provisions of the Pitkin County
La��d Use Code, including Section 3-240-03, standards for PUB mastar plans and 9-110-053, standards
for a GMQS exemptian for an essential community facility; that the proposed development avoids
, 1041 hazatd areas OR is located such that haTards can be mitigated; and that the historic resources are
eligible for designation to the Pitkin County Historic Inventory.
NOW,'�HE�tEFORE, BE FT RES�LVED by the BOCC that it does hereby desi�ate the
Thompson Creek Ranch to the Pitkin County Historic Inventory.
BE IT FURTHER RESOLVED by the BOCC that it hereby grants approval to Sustainable
Settings for the Thampson Creek Ranch, subject to the following conditions, which shali run with the
land a.r�d be binding on alI saccessors in in#erest:
,�
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Resolution No. ��2003
Page 2
I. Development on the property shail be subject to the provisions of the Conservation Easement in
addition ta all conditions of this land use approval.
2: Prior to submission of any earthmoving, access, or buiiding permit applications for new devetopment,
the Applicant shall subnut the revised Master Plan and Site Plans to the Community Development
Deparlment for approvai and recording. The mylaz copy of the site pian must be signed by the owners
� prior to submittal for recording. Tiie Master Pian shall include the approved list of uses, activities and
£uture site development, including floor area and height limitatians, as specified in Exhibit B. The site
plan shal.l designate a bui]ding envelope tl�at is consistent with the "Building Area" shown in the
Conservation Easement (attached as Exhibit C) and incorporates the proposeci use areas sliown on the
proposed site plan and shall desigaate development envelopes for ponds.
3. Concurrent with recordation of master plan, the Applicant shall record a covenant in a form
acceptable to the Covnty Attorney in which the Applicant agrees to maintain the historic structures.
4. . Subsequent to recordation of the Master Ptan and site plans and prior to submission of any earthmoving,
access, huilding or septic permit applications for new development, the Applicant shall:
A. Obtain a final water decree from the Water Court for the Attgmeniation Plan. Two intern/guest
cabins may be constructed before the finaI water decree is issued, if tlie Applicant pzovides
adeyuate documentation to the Community Development Department from the State verifying
that the existing well can be used to serve the cabins.
B. Submit a comprehensive drainage and erosion contxol plan for the property for review and
approval by the County Engineer.
C. Submit an inventory of existing roads and an overall plan for road improvements {including alt
farm/ranch roads) to the County Engineer.
D. Obta.in a driveway/access permit from the County Engineer for the main entry access and any
other portions of the access road that must be improved to accommodate proposed development.
E. Obtain a new or revised access permit from the Colorado Department of Transportation. The
pennit shall elirrtinate the previously approved accssses from the highway for residential
development that is now prohibited.
F. Submit a comprehensive Fugitive Dust Control Plan to the Environmental Health Department for
review and approvaJ.
G. The following specific development shall be exempt from these requirements: renovation of the
Ilistoric ranch house; construction of a solar vault privy toilet, chicken coops, a garden shed, and
tt�e main barn; installation of hoop row/crop covers and sotar-electric arrays; and rnaintenance
and repair of existing buildings.
5. Prior to submission of any septic pernzits, the Applicant shall:
A. Provide documentation to tlte Environmental Health Department of an adequate quaiity and
quantity of water for domestic uses f.rom the approved water supply. Weils shall be located
within the'approved bnilding envelope, unless another iocation is approved by the Community
Deveiopment and Environmental Healtli Departments.
B. Provide documentation to the Environmental Health Department that the appropriate State
permits for the water system have been obtained.
C. Obtain approvat of a State Site AppIication for the sewage disposal system, if required.
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Resolutzon No. � zoa�
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6. Przor to issuance of the �rst building permit far development within each of the zones identified on
the site plan, the Applicant shall submit a landscaping plan for that wne for review and appraval by
the Community DevelopmentDepartment. Each plan shail address screening of development as seen
from ihe highway, and shail, where feasible, provide for screening at the earliest possible
opportunity. Maiure landscaping slzali be provided to screen the camping area within Zone I. L�
addition, screening for any above ground fuei tanks sttall be included in the }andscaping plan.
7. Prior to the issuance of any building permiis, the Applicant shall:
A. Obtain approva! of a septic permit(s) from�the Environmental Health Department, if a State Site
Application is not required. Atl sewage disposal systems must be designed by a registered
professional engineer and si�al] be located within the approved building envelope, anless a
specific locatian is approved by the Community Development and Environmental Health
Departments.
B. Obtain firepIace/woodstove permits irom the Community Development Department, if necessary.
C. Pay the applicable road impact fee.
8. Przor to issuance of buildiag permits for the intern and facuity/guest cabins, the AppIica.nt shall sabmit
deed restrictions to the Housina Offce and Cour►ty Attorney for review and recordation. The deed
restrictions shall ensvre that the cabins will be accupied only by staff, interns or ather a ests of
Sustainable Settings, and will not be rented to or occupied by anyone not associated with Sustainable
Set�inbs. These cabins are not to be utilized as tourist accommoc3ations.
9. Prior to issuance of a building permit for the Director's Residence, the Applicant shail submit a deed
restriction to the Housing Office and County Attorney for review and recardation. The deed restriction
shaIl ensure that the residence will be occupied by an employee of Sustainable Settings, who is a
"qualified resident" as defined in the Housina Guidelines. Occupants shall be required to qualify with
the Hovsing Office.
10. Within 90 days of tl�e date of this approval, the Applicant shall submit a deed restriction for the historic
raz�ch house to the Housing Office and County Attorney for review and recordation. The deed
restciction shall ensure that the residence will be occupied by an employee at Sustainal>Ie Settings, who
is a"qualified resident" as defined in the Housing Guidelines. Occupants shall be required to qualify
with the Housing Office.
I 1. Prior to si�bmission of a building permit far ti�e cammercial kitchen, the Applicant shal! submit plans
and specification of the kitchen to the Environmental Health Department for review and approvaL
12. The Applicant shail obtain all required State and federa( permits for food processing and the sale of
agriculttaral products.
l 3. Structures shall be ]imited to the following iotal floor area and square footage 3imitations:
A. Residentiat structures shall not exceed a total of 10,234 square feet of flaor area_ No one
' resideatial structure shall exceed 2,200 square feet of floor area.
$. Agricvitural structures shall not exceed a totaf of 25,172 squace feet.
C. Non-agricuitural structures shall not exceed a total of 13,497 square feet, with commercial/ retail
space (imited to no more than 500 square feet.
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Resolution IVo. �-2003
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D. No one agricultural or non-agricultural structure shall exceed 5,040 square feet, except one barn
may contain up to 6,500 square feet.
14. Camping on-site shail be limited to a maximum of 1,880 person-days per year of carnping, with no
mora than 35 people camping on-site at any one time. Camping shall occur onty between March 15
and November 15. Camping is Iimited to participants in programs offered by Sustainable Settings,
who shall ilot camp for more than I4 consecutive days. The area where camping occurs shall be
limited to no�more than'/Z acre. Only one fire pit may be located within the designated camping area.
Camping shall be limited to tents or the foliowing types of recreationa[ veliictes: tent txailers, travel
trailers not to exceed 30 feet, truck campers, and class B and C motor homes. Class A motor homes,
S'�' whee! trailers and generators shall be prohibited. .
t 5. Prior to eammencement of any earthmoving or construction activity, the Applicant shall stake the
corners of tlte building and development envelopes and instatl construction fencing around the
perimeter of the building envelopes. The fencing shall remain in place until a Certificate of
Occupancy is issued for the residence. This requirement does not apply to agricultural uses not
requiring a building permit.
16. All signs and Iighting shall comply wiih applicable regutations in the Land Use Code.
17. The Applicant shail comply with the County's Weed Management Plan:.
] 8. With the exception of ab icuttural uses not requiring a building permit, no development, including
grading, excavation, fill placement, berming, landscaping, vegetation removal ar disturbance, utilityor
� driveway extension, shall occur outside of the approved building envelope. Wells and septic systems
may be located outside of the building envelope in a locaiion approved by the Community Development
and Environmental Health Departments. Agricultural uses shall not occur outside of the "Agricuttural
Area" or the "Building Area" designated in E�diibit C, except as permitted in the Conservation
Easement.
l9. Ali areas disturbed by construction shall be revegetated with native shrubs a��d grasses or other
appropriate vegetation such as agricultural plants to limit water consum:ption and additional runoff
within one growing season of the project's completion.
20. The Applicant shail comply witl� the following landscaping and wildfire defensible space mitigation
standards:
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For a distance of 10-I 5' around alt stcvctures, maintain vegetatian at a height of 6" or less with
mowed grass, low growing perenniais or hardscape. Woody vegetation shall not be plantecf within
this perimeter. This requiremettt does not apply to the maintenance of historic landscapes around
the historic buildrngs located on the property.
All branches that extend over the roof eaves shall be trimtned and atl branches within 15 feet of the
chimneys shali be removed. •
The Applicant shail be responsible for the continued maintenance of the defensible space vegetation
requirements.
21. Tiie Applicant shall comply with the fotlowing additianal wildfire mitigation standards;
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Resolution No.�-2003
Page 5 �
A
B.
C.
D.
E.
F.
G.
H.
I.
K.
L.
M.
Roofs shatl be constructed with a Class A roof covering or a Class A assembly as defined in the
UBC 1997 Section 1504. Wood shake/shingle roof coverings are prohibited. Roofs with Iess than
a 3:12 pitch are not permitted unless t1�ey comply with the fotlowing: �
1) All roof coverings shall be noncombustible materials as defined in the Un�fonn Bailding Code
(UBC) 1997 Section 1504 and installed on a Ctass A roof assembiy. .
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roo£
3) Alt roof ciesigns shal! facilitate the natural process of clearing raof debris. Protrusions afiave
the roofline, such as pazapets, shail be prohibited.
4) Roofs shall be instailed as rec{uired by UBC 1997 Chapter ] 5 and shall have a minimum slope
of 1:48. � .
5) All roof clesigns, coverings, or equivalent assembiies shail be specifically approved by the Fire
Marsha] prior to submitiai of a building permit application.
Vents s6a11 be, screened with corrosive resistant wire mesh with raesh'/4 inch maximurn.
Roofs anci gutters shal! be kept c(ear of debris.
Yards shall be kept ciear of all litter, slash, and £lamrnable debris.
Al l fla�nmable materials and firewood/wood piles shal t be stored on a parallel contour a minimum
of 15 feet away from any structure.
Ponds shall be accessible to Fire Department vehicles.
�'ences shatl be kept clear of brusb and debris. �
Wood fences shall not connect to the strueture.
Fue1 tanks shall be instalied underground with an approved container, unless tl�e Carbondale and
Rural Fire Protection District approves above-ground containers, subject to the Unifarm Fire Code
regu]atiol�s.
Propane tanks sliall be installed according to NFPA 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigatioti around any above-ground tank. Any
wood enclosure around the tank shali be constructed with materials approved for 2 hour fire-
resistive cot�;struction an the exterior side of the walls.
Each structura shall have a minimum of one 10 pot�nd approved ABC fre extinD isher placed iri a
visible and accessible location.
Addresses shall be clearly marked with 2 inch non-cambustible letters and shall be visible and
installed on a nan-combustible post.
New utiiity liaes sha11 be ptaced underground within tl�e driveway/access.
22. The Appiicant shaIf compiy with the foliowing to mitigate 'smpacts an wildlife:
A.
B.
C.
D.
E.
F.
Dogs, with the exception of trained working ranch dogs when at work, shall be prahibited.
Working ranch dogs sliall be kenneled when not at work.
No riparian or wetland vegetation shall be damaged or retnoved. Any wetlands or riparian
vegetation removed, filled, or otherwise damaged without prior approval must be mitigated at a
ratio of 2:1 according to a professional mitigatian plan submitted to and approved by the County.
Silt fences shail be installed according to the Coanty standard between any construction and any
body of permanent or ephemeral water body during afI phases af canstruction (See Pi#kin County
Asset Management Plan for. silt fence standard).
Any type of vineyard, orchard, or any other operation that would require deer or elk proof fences
shafl be prohibited outside ofthe Agricultural, Buildinp or Orciiarci areas depicied on Exhibit C.
The setback from the mean l�igh water rnark of Thompson Creek must be no less ti�an 25 feet
Fencing outside of the Building Area and the Agricutturat area shali comply with the following:
Wood fencing shall employ three rails or less, be the round or split raii type, shall nat exceed 48
inches in height above ground level and 12 inc�es in width (top v'sew), and shall have at least 18
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Resolution No..�(12003
Page 6
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inches between two of the rails. Wire fencing shall cot�sist of no more than 3 strands af smooth
wire and shall not exceed 42 inches in height.
Game/orchard %ncing within t1�e Building Area or Agricultural Area shall not exceed 120 inches
in height, and shall comply with the DOW's specifications for deer�and elk proof fencing. Wire
fencing rnay consisYof up to IS stran@s. "Hog-wire" woven fence may be utilized. �
Fencing for rotational grazing paddocks wiih tt�e Agricultura! Area shall not exceed 60" in
height. Wire fencing may consist of up to 9 strands. "Hog-wire" woven fence inay be insta]Ied
or► the lower 36 inches of the paddocks.
A perimeter fence that is consistent with tl�e fencing installed by CD4T atong the highway may
be, instalied around the Building Area and the Agricultura� Area.
Barbed wire and electrifted fencing may be utilized within the Building Area and the
Agricuitural Area, l�owever, the top wire of any fence within these areas. shall be smooth and not
barbed.
All non-conforming fencing on the property shall be brougl�t into compliance within five years
from the date of this approval and any wire fences not necessary for tl�e retention or exclusion of
livestock shall be removed to facilitate wildiife movement.
Native vegetation shall be maintained autside t.Iie buiiding envelope, except as relates to
agricultural uses and restoration of nafive veget.ation as approved in the Conservation Easement,
Install a.nd use approved bear-prooftrash containers as required by the 2001 Wildlife Protection
Ordinance. Verification of this condition is reciuired before issaance of a certificate of �
occupancy for the first new strt�ciure on the property. ,
Fre�it-bearing trees and shrubs shall be allowed within the Building Area and the Agricultural
Area. All such fruit-bearing plants must be effectively protected by the property owner from
black bear and other wi)dlife damage. Native fruit-bearing trees and shrubs shall be allowed
within the �pen Area in order to enhance wildlife habitat and provide additional forage to a
variety of wildlife species.
Any areas disturbed outside the btzilding envelope or Agricultural Area shali be revegetated with
native plants according to a revegetation plan submitted by the applicant and approved by the
County prior to issuanca of a certificate of occupancy. This plan must eontain the following
etements:
23. The Applicant shall submit an arinuai report to the Community Development Director at least 45
days prior to the anniversary of the BOCC's approval, which documents uses, activities and site
development that have occurred. 1fie report shall include, but not be limited to the following:
A.
B,
C.
D.
E.
F.
G.
H.
Facilities constructed, and an aecounting of the floor area used and remaining. .
Actual traffic generation — overall and based on specifie nses and activities.
Number of scl�oo( and other graups that have visited the property, and how many people were in
ihose groups.
Number of seminars offered, their duraxion and number of participants.
Number of campers and tlie number of nights they camped on the property.
4ecupancy of the intem/facutty cabir►s.
Amount of retail sales and percentages attributable to agricultural and non-agricultural sales.
Conformance with conditions of approval and the Master Ptan.
If the Director determines that the use is not in conformance witYt the conditions of the �ermit, the
Director may recommend to the BOCC that it consider withdrawal of the permit, pursuant to a daty
noticed publie hearing. The BOCC shall have the power upon good cause being shown, to modify the.
permit to require certain corrective measures to be taken, or to impose new or additional conditions,
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standards ar restrictions. Any vioiations of the terms and condit'rons of this approval may result in
revocation ofthe permit by the BOCC. ,
24. The Applicant shall adhere to a11 materia! representations made ia the application �r in public meetings
or hearings attd shall consider those representaiions to be conditions of approval, unIess amended by
o�lier conditions.
25. �a'siure to corr�ply with these conditions of approval and the adopted Pi3$ master plan shall result in
revocation of the approvals and permits for Sustainable Settings' Thompson Creek Ranch.
26. Statt7tory vested rights for the approvals contained herein are g�anted pursuant to the Pitkin County
Land Use Code and Coforado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights bra�zted herein shall expire on
December 17, 2410.
N�TICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TII�'�S WEEKLY on the
20`�' day of September, 2Qfl3.
.APPR4VED AND A.DOPTED on the 17"' day of December, 2003.
PUBLISHED AFTER AD(3PT�ON FOR VESTED REAL PROPERT'Y RIGHTS in the
Aspen Times Weekly on the � ay of VIaA �3:
a�y
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Cindy Houben
Community Development Director
P073-03
PID #246327200016
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BOARD �F COUNTY COMMTSSIONERS,
PITKIN C4YJNTY, COLORADO
By G� � '
Jack H f Id, Chairman
APPROVEll AS T� FORIvI:
-t,..._.
Johri Ely
Count r
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LEGAL DESCRIPTION 4F PROPERTY
(Page 2 of 3}
PITKIN CQUNTY, COLORADO; �
� . Parcel 1:
A tract of land situate in Secrion 27, Township 8 Soutli, Range 8$ West of the b"' P.M. be'ing more
part'icularly described as fotlows: . ;
Beginning at a poirtt whence the northwest carner of said Section 27 bears N OQ°I 8'30" E 47.38
feet; thcnce S 89°59'4S" E 1933.44 feet to ihe west right-of-way line of Colorado State I-iighway Na. 133
as desaribed in Book 191 at Page 506 of the records of the Cterk and Recorder of Pitkin County, Cotorado;
thence along said rigtzt-of-way line the following courses S 4°28'S4" W 1b37.20 feet to the�center of ,
Thompson Creek; thence N 81°41'S9" W 172.59 feet alang the center of sa.id creek; thence S 82°52' 17"
W 108.32 feet along ti�e center of said creek to the west iine of Lot 4 of said Section 27; thence N ,
0°32'24"F 836.60 feet along said west Iine; the�a N 84°SS'48" W 153934 feet aIoag the south line of
L,ot 4 to the west line af Sectian 27; thence N Q°18'30" E 782.43 feet along said wet line to the point of
beginning.
� Parce{ 2: � �
A tract of land situate m Sections 22 and 27, Township 8 South, Range 88 West af the 6'� P.M, being more
particularly described. as follows: , �
Begiruiing at a point whence zhe southwest comcr of said Secrian 22 bears 00°lU'03" W 750.03 .
feet; thence S 89°59'S1" E 1993.5 t feet to the west right-of-way line of Colorado State Highway No. l 33
as describcd in Book 191 at Page 506 of the records of the Clcrk and Recorder of F'itldn County, Colorado;
� thence alon�r said right-of-way line the follawing co�use S 4°28'S4" W 800.08 feet; thenee N 89°59'45"
W 1933.44 feet to the west line of said Sectian 27; thence N 0° i 8'30" E 47.38 feet to the northwest .
comar of s�zid Section 27; thence N 0°10'03" E 750.03 feet along said west line of said Section 22 to the
point of bc6*inning. �
Parcel 3;
A tract of land siivate in Seciion 22, Township $ South, Rangc 88 West of the b`� P.1vI. being more
particularly described as follows:
Seginning at a point whence the southwest camer of said Scctian 22 bears 04°IO'03" W 152i.35
feet; thencc S 89°59'S 1" E 205 t.72 feet to the west right-of-way line of Calara�o State Highway No. 133
as described in Book 141 at Page 506 of the records of the Clerk ar:d Recorder of Pitkin County, Colorado;
thence along said right-of-way line the following course S 4°28'S4" W 773.69 feet; thence S 89°59'S 1" �
W 1.993.51 feet to the wcst line of said Section 22; thence N 0°10'03" � 771.32 feet along said west line , {
to the point of beginning.
c;lwordat�\tcf\UYyeh�SustainabbSetting,�WestCE 6 i 8 '�
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� EXF�IBIT «A»
LEGAL DESCRZFTTUN OF P�OPERTY ,
. ' � (Page 2 of 3}
, Parcel4: .
' . A tract of {and situate in Section 22, Township 8 Sauth, Range 88 West of the 6'� P.M. being more � �
particularty described as follows:
13eginning at a paini whence the southwest comer of said Section 22 bears 00° ] 0'03" W Z278.55 .
feet; thence S 89°59'2Q" E 2108,81 feet to the west right-of-way Iine of Colorado State Highway No. ] 33
as describcd in $ook I91 at Fage �Ob of the record's of the Clerk and Recorder of Pitkin County, Colarado;
thence along said right-0F way line the fotlowing course S 4°28'S4" W 759.01 feet; thence S 89°59'S1" W
� � 2451,72 fect to the west line of said Section 22; thence N d° ] 0'03" B 757.20 feet afang said west line to
Che point of beginnzng.
Parcel 5: . _
A firact of land situate in Section 22, Township 8 South, Range 88 West of the 6�' P.M. being more
partieularty described as follaws:
Beginning at a poirit wherfce the southwest corner of said Section 22 bears 20° 13' S8" W
3880.91 feet; thence S. 89°40' 1 S" E 925.03 feet to the west riglit-of way line of Colc�rado 5tate
Highway No. 133 as described in Baak 19I at Page 506 �f the records of the Clerk and Recorder
of Pitkin County, Colorado; thence along said right-of-way Iine the following courses: 185.23
feet along tiie arc of a curve to the left, having a radius of 3870.40 feet, a central angle of
?°44'32", at�d subtendin.g a chord bcaring 5 10°50'OS"' W 185.21 feet; thence S I4°20'S4" W
101.90 feet; thenae 235.84 feet aIong the arc of a curve to the ieft, having a radius of 3880A0.
feet, a centraI angle af 3°28'ST', anii subtending a chord bearing S 6° 13'24" W 235.80 feet;
thence S 4°28'S4" W 845.54 feee; thence ieaving said right-of-way line on a course 6earing N;
. 89°59'20" W 2I08.81 feet to the west line of said Section 22; thence N 0°10'03" E 362.63 fe�t .
along said west line to the west 1/�4 carner of said Section 22; thence S 89° 19'fl5 E 1326.75 feet
to the southwest corner of the EU2 of the NWl/4 of sazd Sectian 22; thenee N 4°26'20" E
1016.09 feet along the west line of said Ell2 of the NW1l4 to tl�e point of beginning.
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� . EXHIBIT «A�� .
� LEGAL DESCRIPTION UF PROPERTY �
-. (i'age 3 of 3) . .
�. Parcel6:
� A tract of land situate in Section 22, Township 8 Soutlz, Range 88 VJest of the 6`" P.M. being more
particutariy described as follows:
Bcginning at a point whence the southwest carner of said Section 22 bears 14°58'S7" W 5233.80
feet; thence S 89°38'33" E 1338.12 feet; thence S 0°42'3l" W 62.38 feet t� the west right-of-way line of
Colflrado State Highway No.' 133 as flescribsd in Book 19l at Pagc S06 of the records of the Clerk and
Recorder of Pitldn County, Colorado; thence sIong said right-of-way line ti�e following courses: S
l8°52'S4" W 791.44 feet; thence S 13°IO'24" W 100.50 feet; theizce S l8°52'S4" W �2.10 feet; thence
450.49 feet along the arc af a curve to the left haviag a radius of 3874.00 feet, a central angle of 6°40' 37",
and subcending a chord bearing S] 5°32'40" W 450.73 feet; thence7eaving said right-of-way line on a
course bearing N 89°40' 1 S" W 925.03 fect to the west Iine of the E1(2 of the NW i/4 of said Section 22;
thence N()°26'20" E 1Q14.62 feet atong said west line to the point af beginning.
� Parcei 7:
A iract of land situate in Sectians 15 and Z2, Tawnship 8 South, Range 88 West af the b"' P.M. being more '
particularly described�as foll�ws: .
Seginning ai the north 1/4 corner of said Section 22 whence the sauthwest comer of said Section.
22 bears S 27°48'SI" W 5903.62 feet; thence S 0°42'31" W 205.6I feet alang the N-S centerline of said
Secaori 22; thence N 84°38'33" W 1338.12 feet to the to the west line of the BI12 of the NWl/4 of
Section 22; thence N Q"26'20" E 21 l J6 feet to the norfhwest comer af said E1/2 of the NW I/4; thence N
1°09'37" E. 477.51 feet along the west tine of Lot t4 of Seetion 1S; thenee 3 88°50'23" E 265.66 feet;
� thence S 89°22'39" E 2268.84 feet along the nQrth line af said Lot 14; thence S 0°00'00" E 129.59 feet '
along the east Iine of saic! Lot l4; thenoe S 1$° 09'20" W 3b2.23 feet along the westerly right-of-way )ine
; �f Colarado State Highway No. 133; thence N 89°Z2' 14" W 92.Q8 feet along the north line of said
Section 22 to the point of beginning.
493�89 �
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SUSTAINABLE SETTINGS — T�iOMPSON CREEK RANCH
USE LIST AND DIMENSIONAL REQUIREMENTS
A. Allowed Uses. The following uses are allowed by right:
]. Agricultural stands for saie of products generated on the property
2. Animal productioi� and husbandry services, oiher farm and agricuitural uses (not including
commercial feed lots} . �
� 3. Artist studio �
4. Barns
5. Camping in Zone i �
6. Commercial grade farm kitchen
7. Coops
8. Crop pro�uction
__:_ _..._._ 9: - Direetor's residence _ . ._._... __. _._.. . .
' 10. FaciIity ]aundry _
11. Facility offices
12. �'arm buildings �
13. Farm Manager's residence
I4. Tntern/Faculty/Guest Cabins, no to exceed a total of six � .
15. Meetings and events with up to 50 people — for educational and fund-raising purposes for
Sustainable Settings
] 6. Playgrounds, not to include pertnanent, large scale f�cilities such as basebatl diamonds, goal
posts, or dugouts, but permifting smafi structures such as a volleyball cflurt, jungle gym and
swing set.
17. Research facilities
18. Retail sales of T-shirts and liierature associated with the activities of Sustainable Settings,
pottery and other crafts made on-site; and agricultural products froin other properties
� 19. Sheds
20. Ranch shops, including meclianicai, wood shop, metal fabricating, fartn/ranch repair
21. Solar energy collectors (private use)
22. Solar greenhouses and temporary hoop greenhouses
23. Sustainable Learning Study Center
24. Traiis
25. Wind generator in Zone 4 .
B. Further Review Uses. The Following uses are stibject to further review:
1.
2",
3.
4.
5.
6;
8.
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Camping in Zoiies 4, 5 or 7 �
Commercial frewood sptitting, storage and sales
Eco-cemetery
Guest cabins exceeding six in number
Outdoor recreational uses not listed above
Residential uses other than those listed in the alIowed uses
Retail sales other tha.n those ]isted in ttze allowed uses
Special events with more than SR people — subject to approval of a Special Event/Temporary
Use Permit
j l � � 493'189
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C. Standards and Repnirements for Further Reveew Uses.
1. Further review uses are those uses that require approval by Pitkin County at such time as
Sustainable Settings proposes to include such uses on the property. In order to obtain sucli
approval, the following requirements must be satisfied.
2. Sustainable Settings must request approval of further review uses by ]etter request to the
Board of County Commiss'ioners through the Community Development Department. The
request sl�all include sufficient information, as determined by the Community Development
Department or the BOCC, to satisfy the standards contained herein.
3. Sustainable Settings shall identify the location, size, design and operating characteristics of
the proposed use.
4, The proposed use shall be demonstrated to serve the purposes of the project as identified in
the approvec3 Public Master Plan.
5. Tlze proposed use shall be demonstrated to minimize adverse effects on the surrounding area,
including visuai impacts, traffic safety, noise and any other health, safety and welfare
impacts.
6, The prvposed use shall include adequate faciiities to serve the proposal, incJdiag but not
limited to roads, water, sewer, solid waste, fire protection and drainage.
7. The BOCC may in its sole discretion delegate the review and approval of any further review
use to the Director of the Community Development Department.
8. An application for further review shal] be subject to the procedural requirements of Section 4-
50-020 of the Pitkin County Land Use Code.
D. Prohibited Uses. The foilowing uses are prohibited:
l. Airport
2. Alpine ski area
3. Amusement and entertainment establishments
4. Churches '
5. Connmercial camping areas (for other than participants in Sustainable Seftings programs)
6. Commercial kennels and veterinary ciinics
7. Commerciallogging
8. Comrnercial parking tot
9. Coinmercial riding stables
] 0. Community health faciIities
11. Day care center
12. Equipment supp[ies and contractor or subcontractor
] 3. Financial institutions
14. Golf course
15. Guest ranch
16. Hospital
l 7. Junk Yard
18. Medical/Dental clinic
19. MineraI exploration and mining
49��89
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SILVIR DRVIS PITKIN COUNTY CO R 0.0001�07D 0�00 9��
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20. Mobile homes
21. Motels, hotels, lodges
22. Nordic slci area
23. Nursing, convalescent, rest and retirement homes
24. Offices, other #han for Sustainab[e Settings
25. Personal service outlets
26. Professionai offices
27. Radio transmitting station
28. Resort cabins
29, Uses not listed
E. Dimenszonal Reauiremenis. The following dimensional requirements shai] apply to all
permitted and special review uses:
1.
2.
3.
4.
5.
6.
7.
8.
Mi��imum front yard setback: thirty feet (30')
Minimum side yard setback: ten feet (10')
Minimum rear yard setback: ten feet (10')
Maximu�n height principal structures: twenty-eight feet {28). The folIowing structures may
tatilize principal height: the Director's residence, office/administration building, pole
barnlhay storage and a permanent greenhouse.
Maximum height main bam: thirty-six feei (36')
Maximum height accessory structures: twenty feet (20'}
Maximum height wind generator: one hundred ten feet (1 IO'}
Maximum floor area/squaze footage:
a. Residential structizres: not to exceed 10,234 square feet of floor area. No one residential
structure shall exceed 2,200 square feet of floor area.
b. Agricultural structures: not to exceed 25,172 square feet*
c. No�1-agricuItural structures: not to exceed 13,497 square feet*. Commercial/retail space
sha11 be limited to no more than 500 square feet.
* No one agriculiural or non-aa icultural stn2cture shall exceed 5,000 square feet, except one
barn may contain up to 6,500 square feet.
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