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HomeMy WebLinkAboutbocc.res.058.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,DENYING AN APPEAL WITH REGARD TO THE CASTLE CREEK PEDESTRIAN BRIDGE Resolution No.056-2001 RECITALS 1. The City of Aspen Parks Department("Applicant")applied to the Hearing Officer of Pitkin County,Colorado("Hearing Officer")for scenic overlay and 1041 hazard review approval for two pedestrian bridges over Maroon and Castle Creek Roads to improve safety for pedestrians, bicyclists and nordic skiers utilizing the trails adjacent to the roundabout. The bridges would connect the trail across the Thomas property,the Hospital/High School trail and the Golf Course trail via the underpass to the north of the Kiss and Ride. 2. The bridges were proposed to be located adjacent to the roundabout at the intersection of Highway 82, Maroon Creek Road and Castle Creek Road. More specifically,the Maroon Creek pedestrian bridge would be located approximately 200 feet south of the Kiss and Ride exit on Maroon Creek Road and the Castle Creek pedestrian bridge would be located approximately 500 feet southeast of the roundabout and 500 feet northwest of Meadowood Drive. 3. The Hearing Officer granted 1041 hazard review and scenic overlay review approval of the bridges on August 29,2000,pursuant to Hearing Officer Determination No. 24.2000. 4. Fred Pierce,George Wombwell, Mary Ann Hyde, King Woodward,Tage Pedersen,Pauline Pedersen, Lorna Pedersen,James Jenkins,Jane Jenkins("Appellants")appealed the Hearing Officer's determination to the Board of County Commissioners of Pitkin County,Colorado ("BOCC"), pursuant to Sections 3-300 and 4-160 of the Land Use Code. 5. The BOCC heard the appeal at a special meeting on September 5,2000,at which time evidence and testimony was presented with respect to the application. 6. The BOCC denied the appeal with regard to the Maroon Creek pedestrian bridge and continued the appeal with regard to the Castle Creek pedestrian bridge,pursuant to Resolution No. 197-2000. IIIIIII11AV111 1P11011.0 0 460 Z0 1 e1.58P Resolution No.056 -2001 Page 2 7. The BOCC reconsidered the appeal with regard to the Castle Creek pedestrian bridge at a duly notice public hearing on March 28, 2001. 8. The BOCC finds that the Castle Creek pedestrian bridge is consistent with the applicable provisions of the Land Use Code, and is necessary and in the best location to ensure the safety of pedestrians,bicyclists and nordic skiers utilizing the trails adjacent to the roundabout NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby denies the appeal of the Hearing Officer Determination with regard to the Castle Creek pedestrian bridge, subject to the following conditions,which shall run with the land and be binding on all successors in interest: 1. The exterior of the bridge shall be finished in earth tones,which blend with the colors of the natural surrounding environment. Non-reflective materials are prohibited. 2. Native shrubs and grasses shall be utilized for revegetation of disturbed areas. All disturbance caused by construction shall be revegetated no later than one growing season after completion of construction. Existing vegetation shall be retained to the extent possible. 3. Lighting shall be prohibited on the bridge. 4. The bridge shall have a minimum road clearance of 15'9". 5. The bridge plans shall be signed and stamped by a registered Professional Engineer. 6. Prior to commencement of construction,the Applicant shall: A. Submit a 1041 hazard review site plan on a 24 x 36 inch mylar sheet to the Community Development Department for approval and recording. The site plan shall also be submitted in digital formatsuitable for integration into the County's GIS system. The site plan shall comply with the provisions of Section 5.70-040 of the Land Use Code. B. Submit a landscaping plan for review and approval by the Community Development Department. C. Submit a drainage and erosion control plan for construction activities within the County road right-of-way or on County properties,for review and approval by the County Engineer. D. Submit a drainage mitigation plan for review and approval by the City Engineer, which demonstrates compliance with the City's drainage criteria. E. Submit a Traffic Control and Construction Management Plan for construction of the bridges, for review and approval by the County Engineer. F. Obtain the necessary easements,and right of-way and encroachment permits for construction on County properties. G. Provide a copy of the final design of the bridge to the Castle/Maroon Creek Caucus. I IIIIII IIIII IIIIII IIII IIII IIIIII IIIIIII III IIIII IIII IIII 4607381 1.5aP 0 0 0.00 Resolution NO.O4S -2001 Page 3 H. Coordinate with the Aspen Fire Marshal to ensure that the pond on the Thomas Property is accessible to fire department vehicles 1. Submit a full soils and drainage report, for review and approval by the City Engineer. J. Meet with representatives from the County Public Works Department, law enforcement personnel,Public Safety Council,RFTA,the school district and the hospital to coordinate access through the construction zones. K. Coordinate with the Aspen/Pitkin County Information Systems Department regarding installation of conduits for cable along the trail approaches to the bridges and across the structures to facilitate cable instalations over and along the roadways in the area. 7. The Applicant shall comply with the construction work hour restrictions specified in the Pitkin County Road Management and Maintenance Plan, Section V, 5.01.01 B. 8. The Applicant shall adhere to the following wildlife mitigation: A. Native vegetation shall be maintained to the maximum extent possible. B. A temporary fence shall be erected between the construction area and the existing vegetation to be preserved. C. Signs shall be installed requiring dogs to be leashedon this and all other City/County trails. D. Areas disturbed during construction shall be revegetated with a native seed mix approved by the County Land Manager or Wildlife Biologist. E. Any trails originating from the Maroon Creek bridge shall remain on the perimeter of the Moore Open Space and avoid areas identified as containing intact native vegetational communities. 9. The Applicant shall adhere to all material representations made in public hearings and in the application. 10. 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 Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on March 28, 2004. APPROVED on the 28 s day of March,2001, at a public hearing. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 24th of February, 2001. NOTICE OF VESTED RIGHTS PUBLISHED IN THE ASPEN TIMES ON THE 07th of April, 2001 IIIII IIIIIII III III II IIII IIIIIII IIIIII IIIII Page:460738 001 01:58P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution NoAd 8 -2001 Page 4 BOARD OF COUNTY COMMISSIONERS OF PITKIIN��CCOUNTY,COLORADO By GGCM� ATTEST: Michael C. Ir and,Cha r Date ©q�o'ZN�d� L ee .Dean Jerk to the BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Ci dyn Houben, A(�jIz'\ County ey Community Development Director PID#273514301001 suzannew\pitkin\cases\scenic\bridges 460738Page: of 4 t.saa e