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HomeMy WebLinkAboutbocc.res.070.2013 • RECEPTION#: 603981, 09/24/2013 at 10:27:20 AM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION•OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE GSS PROPERTIES !LC SITE PLAN REVIEW FOR A DRIVEWAY Resolution No.O 'J-2013 RECITALS 1. GSS Properties LI..0("Applicant") applied to the Board of County Commissioners ("BOCC")to obtain Site Plan Review approval for a driveway. • 2. The parcel is located on the north side of Woody Creek Road, and is more specifically described in Exhibit A. 3. The parcel is zoned RS-20 and contains 62.95 acres. • • 4. The Community Development Director("Director")denied the Activity Envelope application, pursuant to Administrative Decision No. 27-2011. The Director found that that the activity envelope for the residence complied with the Code, but that the driveway envelope contained slopes in excess of 45%, where development is prohibited by Sec. 7-20-20(b) of the Land Use Code ("Code"). 5. The BOCC subsequently found that a taking had occurred as a result of the denial, and remediated the taking by approving Activity Envelopes, pursuant to Resolution No. 099-2011. The Activity Envelope Plan was recorded in Plat Book 102 at Pages 55-57. The Protective Covenants restricting the property against further subdivision into smaller lots was concurrently recorded as Reception#597704. 6. The BOCC found in Resolution No. 099-201 I that the approved driveway envelope was the most appropriate of the alternatives considered, since it avoided any impact on the wildlife movement corridor within the draw to the southeast; the visual impacts could be mitigated to the extent feasible; and the driveway envelope was sited to provide appropriate sight distances in both directions. • 7. Condition #4a of Resolution No. 099-2011 requires the Applicant to submit an application for Site Plan Review for the driveway, prior to submission.of any building permit applications, and states that the Site Plan application shall include, "A detailed plan and profile for the driveway, based on 2' contours, and a detailed revegetation and landscape plan for the area along the driveway. The Applicant shall reduce the visual impact of the retaining walls to the extent feasible through the use of tiered retaining walls designed to avoid large monolithic expanses of wall; planting areas between the tiers with adequate vegetation to break up the expanse of the walls; facing of the walls with stone or earth-colored materials; and undulation of the heights of the retaining walls to vary with the topography. The retaining walls required for the driveway may exceed the retaining wall guidelines in the Code —there may be more than two tiers and a retaining wall may exceed 7' in height." • 8. The BOCC considered the Site Plan Review application for the driveway at duly noticed public hearings on June 12, July 10, August 14 and September I I, 2013, at which times evidence and testimony were presented with respect to the application. 9. The BOCC finds that the proposed driveway does not comply with the intent of the Scenic View Protection provisions in Sec. 7-20-120 of the Code, as follows: • -Resolution No. 490-2013 Page 2 A. The driveway has not been designed and located to complement the natural landscape and the natural features within the public viewplane, and does not achieve an aesthetically pleasing, rural atmosphere. B. The visual impact of the driveway and the retaining walls when viewed from Woody Creek Road is substantial and has not been minimized to an acceptable extent. C. The driveway is inconsistent with and degrades the rural character of the Woody Creek area. 10. The BOCC further finds that the proposed driveway does not satisfy Condition #4a of Resolution No 099-2011, as the visual impact of the retaining walls has hot been reduced to an acceptable extent. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby denies the GSS Properties LLC Site Plan Review for a driveway. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 9" day of May, 2013. /ice ScpA-m4er DENIED this te day of duly=. 2013. • BOARD OF COUNTY COMMISSIONERS, I'TTKIN COUNTY. COLORADO ' I By V : Will \ George Ne3rnan, C•airman • A.I 'Si': • Jeanbtte Jones. Clerk t the BOCC ANPROVED AS TO CONTENT: APPROVED AS TO FORM: Cindyllouben John Fly • Community Development Director -r 'Attorney • 1'032-13 • PID#264315100021 • • • EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in Government Lots 1, 6, 7, 8 and 14, Section 15, Township 9 South Range 85 West of the 6th P.M. Being a portion of the Stranahan Ranch as conveyed by Warranty Deeds recorded as Reception Nos. 106364, 110053 and 113671 (Barbier to Sandersen)of the Real Estate Records of Pitkin County, Colorado described as follows: Beginning at the East 1/4 corner of said Section 15; thence North along the Easterly lines of Government Lots 7, 6 and 1 to the Northeast corner of said Section 15 also being the Easterly corner of the Stranahan Wells Subdivision Exemption Map No. 2 recorded in Plat Book 26 at Page 86 of the Real Estate Records of Pitkin County; thence Southwesterly S 46°50'29"W along the Southeasterly boundary of said Stranahan-Wells Subdivision to a point which bears N. 53°03'W from the Northwest corner of that parcel described in said Reception No. 113671; thence S 53°03' E 875.6 feet more or less to the Northwest corner of said Reception No. 113671; thence Southwesterly and Easterly along said Reception No. 113671 S 63°10'W 466.8 feet; S 68°27'W 603.5 feet to the Northerly line of a County Road; S 41°43' E 302.1 feet along Northerly line of County Road; S 51°22'E 520.0 feet along Northerly line of County Road; S 62°09'E 608.7 feet along Northerly line of County Road; N 89°23' E 476.2 feet more or less to the Easterly line of said Lot 14; thence North along the Easterly line of said Lot 14 to the point of beginning. Excepting therefrom that certain tract of land described as beginning at a point 20 feet South of the Salvation Ditch and on the South line of said Lot 6,thence North 100 feet, thence East to the East line of said Lot 6, thence South 100 feet to the said South line and thence West along said South line to the place of beginning.