HomeMy WebLinkAboutbocc.res.028.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,APPROVING THE TAGERT LAKES PARCEL 3 1041 HAZARD REVIEW,
CONCEPTUAL SUBMISSION,SPECIAL REVIEW AND GMQS EXEMPTION
Resolution No. Y--2002
RECITALS
1. Tagert Lakes Holdings,LLC("Applicant")has applied to the Board of County Commissioners
("BOCC")for 1041 Hazard Review and Conceptual Submission approval to establish building and
accessory envelopes within which to replace two legally created single family residences. The Appliomt is
requesting GMQS.exemption and special review approval to utilize TDRs to develop up to 15,000 square
feet of floor area on the parcel, including a caretaker dwelling unit.
2. The parcel is located at 47000 Highway 82,approximately 5 miles east ofAspen,and is more
specifically described in Exhibit A.
3. The parcel contains approximately 43 acres and is a conforming size parcel in the AFR 10 zone
district.
4. The parcel was created pursuant to the State's 35 acre subdivision exemption. The replacement of
two existing, legally created dwelling units on the parcel is exempt from growth management, limited to the
floor area of the replaced structures(3,461 square feet). The utilization of TDRs for additional floor area up
to 15,000 square feet is also exempt from growth management, subject to special review.
5. The Board of County Commissioners considered this application atduly noticed public hearings on
January 9 and February 13,2002,at which time evidence and testimony were presented with respect to this
application.
6. The BOCC finds that the proposed building and accessory envelopes are located on slopes of less
than 15% and avoid riparian areas,that the wildfire hazard is rated as low to medium and can be mitigated,
and that replacement of the existing residences will not created additional impacts on the ecological
resources of the area.
7. The BOCC further finds that the proposed development avoids the 100 year floodplain of the
Roaring Fork River,with the exception of ponds and horse pastures,which are permitted within the
floodplain.
8. The BOCC further finds that the property is consistent with the special review criteria for a TDR
receiver site,and that the proposed development otherwise complies with the applicable provisions of the
Land Use Code.
NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby approve the Tagert
Lakes Parcel 1041 Hazard Review,Conceptual Submission, Special Review and GMQS Exemption,
subject to the following conditions,which shall run with the land and be binding on all szccessors in interest.
1. Prior to submission of any earthmoving,access,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
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County's GIS system. The mylar copy of the site plan must be signed by the owners prior to
submittal for recording. The Applicant shall amend the site plan as follows,prior to submission for
recordation:
A. Include the 100 year floodplain line on the site plan,and specify that the portion of the
eastern accessory envelope that is within the floodplain may only accommodate agricultural
uses and not structures.
B. Designate the area to the north of the river within which the pond will be located.
2. Prior to submittal of a septic permit,the Applicant shall provide documentation of adequate quality
and quantity of domestic water to the Environmental Health Department.
3. Prior to submission of any building permit applications,the Applicant shall:
A. Obtain a floodplain development permitand all other applicable permits for the streambank
stabilization work. Material for this project that is stored within the floodplain shall be
removed prior to June 1,2002.
B. Obtain a determination from CDOT as to whether The 1989 State Highway Access Permit is
still valid for this project. If required,the permit shall be updated prior to submission of any
building permit applications.
C. Obtain fireplace/woodstove permits from the Community Development Department, if
necessary.
D. Submit a drainage and erosion control plan for review and approval by the County
Engineer.
E. Submit a Construction Management Plan in accordance with the Asset Management Plan
for review and approval by the County Engineer. The Construction Management Plan
shall indicate that vehicles associated with construction(i.e. employee traffic,
construction vehicles, staging and deliveries)shall not violate County Law, such as
parking on County rights-of-way.
F. Make a cash payment to the County for affordable housing mitigation for 2 full time
equivalent employees(FTEs)at the Category#2 level,based on the regulations in effect at
that time.
4. At building permit application,the Applicant shall surrender original Certificates of TDRs and a
copy of the deed evidencing the Applicant's acquisition of the Certificates(if applicable), in
order to develop more than 3,461 square feet and up to 15,000 square feet of floor area, or shall
obtain allotments through the growth management competition as set forth in condition#16
herein.
5. Prior to issuance of any building permit applications,the Applicant shall:
A. Pay the applicable road impact fee.
B. Obtain approval of a septic permit from the Environmental Health Department to expand or
replace the existing septic systems. The septic systems shall be located within the approved
building or accessory envelopes,and must comply with the setback requirements from
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surface and groundwater sources. A qualified professional engineer must design the
system.
6. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the
corners of the building envelope and install construction fencing around the perimeter of the
building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued
for the residences.
7. The Applicant shall obtain an earthmoving permitand all other applicable permits to construct a
pond on the north side of the river within the area designated on the recorded site plan.
8. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall be kenneled.
B. Native vegetation shall be maintained outside of the building envelope.
C. Provide waste storage that complies with BOCC Ordinance No. 010-2001. Verification
of compliance shall be provided prior to issuance of a certificate of occupancy.
D. Fencing outside the building or accessory envelopes shall comply with the wildlife
fencing standards in the Code.
E. Avoid fruit-bearing trees and shrubs in any landscaping.
F. Development(including ponds) shall be prohibited on the south side of the Roaring Fork
River, but the existing horse pasture designated on the recorded site plan may be
maintained and a horse bridge to the pasture across the river is permitted, subject to
approval by the Community Development Department.
G. No riparian or wetland vegetation shall be damaged or removed. Only plant species that
are identified by the Pitkin County Revegetation Guide as being appropriate for wetland
or riparian areas, or native species found to occur on site but not listed in the Pitkin
County Revegetation Guide,may be introduced into or used for revegetation of any
wetland or riparian area. The planting or introduction of any other plant species should
be prohibited. Any areas disturbed without appropriate permits or during construction
must be revegetated with native riparian plants according to a revegetation plan
submitted by the applicant and approved by the County prior to issuance of a certificate
of occupancy. This plan must contain the following elements:
1) The name of the project;
2) The name, address and phone number of the person preparing the Revegetation
Plan;
3) The name, address and phone number of the person(s)responsible for executing
the plan;
4) If applicable,the availability of irrigation water and, if available,the amount of
water,the name of the ditch company and the method of delivering water to the
site;
5) A brief narrative describing the planting and seeding methods;
6) A description by common and scientific name of the species of plants to be used,
seed ratios and source, and container size or caliper measurement of plants to be
installed;
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7) A drawing of the site with the location of plants to be installed shown clearly.
H. All roads must be set back at least 20 feet from the mean high water line.
1. Activities below the seasonal high ground water table,decreases in infiltration and
diversions of surface and ground water flows with drainage ditches or fill shall be
prohibited outside the building envelope to protect the water flows to the wetlands and
riparian areas.
J. Any vegetation altered for an access road, utility line or similar use shall be replaced with
vegetation equal in type and quantity to that being removed according to a mitigation
plan approved by the County Wildlife Biologist.
K. Tall, overly mature and standing dead aspen and cottonwoods should be retained
whenever possible as nesting and roosting habitat for woodpeckers, raptors, and cavity
nesting songbirds such as nuthatches.
L. Horse hay shall be fenced with 8 foot mesh fencing.
M. Comply with the Division of Wildlife's regulations regarding whirling disease, as a
condition of construction of the pond and stocking the pond with fish.
9. The Applicant shall comply with the following landscaping and wildfie defensible space mitigation
standards:
A. For a distance of 10-15' around all structures,maintain vegetation at a height of 6"or less
with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be
planted within this perimeter.
B. For a distance of 70 feet around all structures,thin existing conifers. The spacing between
conifers should be 10 feet measured from the outermost branches.
C. Remove the lower limbs of all conifers within the 70 foot perimeter to a height of 10 feet or
half the total height of the plant,whichever is least.
D. The Applicant shall be responsible for the continued maintenance of the defensible space
requirements.
10. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs shall have a non-combustible roof covering on a Class A assembly. Wood
shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less
than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the
following:
1) All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3) All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope 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.
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B. Vents shall be screened with corrosive resistant wire mesh with mesh ''A inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter,slash,and flammable debris.
E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
I. Fuel tanks shall be installed underground with an approved container.
J. 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 for 2 hour fire-resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
M. New utility lines shall be buried within the driveway.
11. The Applicant shall comply with all codes and requirements of the Aspen Fire ProtectionDistrict,
including but not limited to, installation of an approved fire sprinkler system,required fire flow,
and fire department apparatus access, including provision of a turn around.
12. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
13. No development, including grading,excavation,fill placement, berming, landscaping, well,
septic system, entry or ranch gates,and vegetation removal or disturbance shall occur outside of
the approved building and accessory envelopes,except for necessary wildfire mitigation or
subject to a landscaping plan approved by the Community Development Department. Utility
extension and maintenance shall occur within the approved building or accessory envelopes or
within the driveway.
14. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
15. All development shall comply with the provisions of the County's Noxious Weed Management
Plan.
16. The parcel shall be limited to a maximum of 15,000 square feet of floor area, with any floor area
in excess of 3,461 square feet requiring use of TDRs or allotments obtained through growth
management competition. Floor area shall be calculated based on the definition in effect at the
time of building permit application.
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17. Prior to submission of a building permit for a detached or attached caretaker dwelling unit on the
parcel,the Applicant 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 Offi(E 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-bumer stove with oven,standard sink,and a 6 cubic foot
refrigerator plus freezer.
18. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, Housing staff shall
inspect the unit.
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. 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
February 13,2005.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
8th day of December,2001.
APPROVED AND ADOPTED this 13th day of February,2002.
PUBLISHED AFTER ADOPT
ON FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on they day of/Vl)WO 2002.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By
Patti Kay-Cla per,Chair
ATTEST:
/Aw Date
Dean, Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Cindy Houben,
Co orney Community Development Director
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EXHIBIT A
ASPEN SURVEY ENGINEERS,INC.
210 S. GALENA STREET
ASPEN, COLORADO 81611
PHONE/FAX 970-925-3816
E-MAIL dave@aspeninfo.com
DATE: NOV.30,2001
JOB NO. 31295
TAGERT LAKES PARCEL #3
A TRACT OF LAND SITUATED IN THE SOUTH Vz OF THE SOUTHEAST QUARTER AND
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34,TOWNSHIP 10
SOUTH,RANGE 84 WEST OF THE 611 PRINCIPAL MERIDIAN,PITKIN COUNTY,COLORADO
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHEAST''/.OF THE
SOUTHWEST V<WHENCE THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER BEARS S87.31'14"E 170.00 FEET;
THENCE N87031'14"W 1147.07 FEET TO THE NORTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE S01°00'04"W 1446.72 FEET TO THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE S88056'48"E 1352.08 FEET TO THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER,
THENCE N89045'42"E 530.20 ALONG THE SOUTHERLY LINE OF SAID SOUTH Vn OF
THE SOUTHEAST QUARTER;
THENCE N30000'W 440.00 FEET;
THENCE N90000'W 420.00 FEET;
THENCEN53°00'00"W 185.00FEET;
THENCE N00°00'00"E 355.00 FEET;
THENCE N57023'33"W 69.31 FEET;
THENCE N90000'00"W 75.00 FEET;
THENCE N32000'00"E 565.00 FEET;
THENCE N58000'00"W 105.00 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST V4
OF THE SOUTHWEST V<OF SAID SECTION 34 TO THE POINT OF BEGINNING
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