HomeMy WebLinkAboutbocc.res.067.2013 RECEPTION#: 604593, 10/09/2013 at
08:47:16 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 PITKINN COUNTY,
COLORADO,GRANTING APPROVAL FOR THE CAPARRELLA/LEWIS ACTIVITY
ENVELOPE AND SITE PLAN AND REQUEST FOR FLEXIBILITY ON AGRICULTURAL
SUPPORT zz
BOCC Resolution No.(3 /7-2013
Recitals •
1. Cooper Mason Ventures, LLC through Jordan Lewis ("hereafter the Applicant") has applied to the
Pitkin County Board of County Commissioners ("BOCC") for Activity Envelope, Site Plan Review,
and Flexibility for Agricultural Support for the following activities:
• Maintain the existing residence, garages and other accessory structures for an onsite employee;
• Construct new greenhouse modules and ancillary support buildings that total to 37,500 square •
feet of floor area and are 24'-6" in height;
2. The subject parcel is located at 24480 Hwy 82, is 4.7 acres in size and•is non-conforming in the AR-
10 Zone District. The parcel contains a single-family residence, garages and other accessory
structures. (Legal Description,Attachment A).
•
3. Activity Envelope/Site Plan Review and a request for Flexibility of Agricultural Support are an
Administrative Review and decision by the Community Development Director pursuant to Chapter
2 of the Code. The application garnered significant public interest both from neighboring
jurisdictions and Pitkin County citizens. Pursuant to Section 2-30-20(i)(1)(a), the Community
Development Director referred this application to BOCC for review and decision.
4. The BOCC heard this application at a duly noticed public hearing on August 28t6, 2013, at which time
evidence and testimony were presented with respect to this application.
5. The BOCC finds that the proposal demonstrates compliance with Activity Envelope and Site Plan
Review, and with alterations to the Site Plan, can be found in conformance with the standards set forth
in Chapter 7 of the Code.
6. The BOCC further finds that the scale and size of the requested floor area of 37,500 square feet for the
greenhouses and ancillary buildings for a marijuana grow operation is not in concert with the request
for Flexibility for Agricultural Support and that a reduced amount of floor area is practical given the
circumstances of the small size Lot, existing AR-10 Zone District, and the Highway 82 Scenic View
Protection Area.
7. The BOCC.further finds that the pursuant to Scenic and Rural Character Guidelines in Chapter 7,
there is the ability to reduce the intensity of the development and lessen the impact to Scenic View
Protection Area as viewed from Highway 82. To satisfy these Code sections, the BOCC finds that
25,000 square feet is appropriate for the greenhouse and ancillary buildings that will support the
agricultural operation and will bring the development into compliance with the Code.
Resolution No. 9 ( -
Vl 2013
Page 2 of 7
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it hereby grants approval for the Caparrella/Lewis Activity Envelope, Site Plan Review, and
Flexibility for Agricultural Support 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 current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. Prior to submission of any future permit applications, 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 final Site Plan shall show that the detention pond is removed from the 100' streamside
setback. Recording of the final Site Plan is a condition precedent to issuance of any future permits
for development work on the Property.
3. New greenhouse(s) and new ancillary agricultural buildings that support the operation are limited to
25,000 square feet and not more than 24'-6"in height,as measured to the ridge of the roofs.
4. At building permit submittal, the Applicant shall submit a draft covenant against the property for
review and recordation by the Community Development Director and County Attorney that limits
the use of the new 25,000 square feet of agricultural structures to agricultural uses. If a change of
use or additional square footage is desired, the request will be processed under then current Pitkin
• County regulations. This covenant shall contain a methodology approved by the County Attorney
and Community Development Director for maintenance and upkeep of the site and structures
should they become abandoned.
5. At building permit application, the Applicant shall:
A. Submit an earthmoving permit that identifies all areas disturbed by construction. The
permit shall include a detailed revegetation plan that shows native vegetation in the area
and tree mitigation for 6" d.b.h. trees that are removed. All revegetation shall occur
•
within one growing season of the project's completion. Financial security for successful
revegetation may be required. Best management practices shall be used to limit erosion
and keep sedimentation on site.
B. Submit a large scale construction management plan for review and approval by
Planning/Zoning showing the locations of staging, material storage and employee and
construction traffic parking.
C. Submit for an access permit for the new driveway that demonstrates compliance with the
Pitkin County Asset Management Plan and Basalt and Rural Fire Protection District
• requirements.
D. Submit a lighting plan in conformance with the Code. The plan shall also address the
potential for light to emanate from the greenhouse and mitigate the impact to the
surrounding area, if necessary. The Applicant has represented the use of interior "black
out" shades,which shall be shown and implemented in this lighting plan.
E. Submit a detailed drainage plan that maintains drainage on site, does not discharge water
directly into the Roaring Fork River, and ensures water quality. With not less than 24
hours' notice to the Applicant/Owner, the County shall have access to the property for
Resolution No.06 l7 -2013 •
•
Page 3 of 7
water quality testing. Any water quality testing costs reasonably incurred shall be at the
expense to the Applicant.
F. Show compliance with all County and State wastewater disposal regulations.
6. Prior to building permit issuance:
A. Pay the applicable road impact fees.
B. Pay the applicable affordable housing impact fee.
C. Show proof of a CDOT access permit.
7. For the greenhouse operation, Applicant shall utilize his/her agricultural irrigation water and/or a
water hauling service until the BWCD Allotment Contract is approved, or until an acceptable
alternative is approved by the Pitkin County Attorney. Applicant shall obtain the BWCD
Allotment Contract, or have an acceptable alternative approved by the County Attorney, prior to �
the issuance of a Final Certificate of Occupancy for the employee showers and bathrooms.
8. The Applicant shall comply with all rules and regulations of the Basalt and Rural Fire Protection
District. This includes, but is not limited to:
A. Outside fire alarms with horn and strobe lights shall be installed on all greenhouses;
B. Hazardous materials shall be properly stored pursuant to manufacturers' suggestions;
• C. Notification devices shall be installed within the greenhouse to alert occupants of a fire;
D. A water flow device monitored through a central receiving station shall be installed that
activates a general fire alarm; and
E. Inclusion of a water tank for fire suppression in a size approved by Basalt and Rural Fire
Protection District. This water tank shall be fully buried or otherwise enclosed within a
structure.
9. The Applicant shall comply with the following wildfire standards:
A. Defensible Space:
1. Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-
foot (10')perimeter of structures.
2. All branches that extend over.the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
3. All deadfall up to a one hundred (100) foot perimeter shall be removed.
4. No new conifer trees shall be planted within ten(10) feet of any structure.
5. No flammable mulches shall be placed within two (2) feet of any structure.
6. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofs and projections at or below roof line shall be constructed according to the following
specifications:
1. Roofing Materials
•
•
3
Resolution No. eU -2013
Page 4 of 7
A. Class A covering or Class A Assembly as defined by the currently adopted building
code, or an alternative roof assembly that is approved by the Fire Marshall and satisfies
the review by the Chief Building Official and/or is provided for as an exception in the
governing building code.
B. No wood shakes or shingles.
C. 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. As an alternative to a Class A roof assembly, a roof assembly
that is approved by the Fire Marshall and satisfies the review by the Chief Building
Official and/or is provided for as an exception in the governing building code is
acceptable. •
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 Marshall prior to submittal of a building permit application.
D. 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. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
4. Each structure shall have a minimum of one ten (10)pound ABC fire extinguisher.
10. The Applicant shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This
does not include pre-existing native trees and shrubs.
C. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
These containers shall be accessible to and use at all times by contractors on site.
D. Pet food shall not beleft outside.
E. All outside doors shall utilized solid round handled door knobs.
F. Contractors shall not bring dogs on site during construction.
11. 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, § 2-20-170 aqd C.R.S., § 24-68-105. The statutory vested rights granted herein shall
expire on August a,S , 2016.
•
I
Resolution No. ZI -2013
Page 5 of 7
12. 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.
13. Approval of this request does not confer any reliance on or approval for licensing of any business on
the property or any other land use approvals for the subject property.
•
•
•
•
•
•
Resolution No.616/ -2013
Page 6 of 7
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 251h day of July,
2013.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ON /G 77- 07 s .
APPROVED AND ADOPTED at the public hearing on the 28ih day of August, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
A /.N../A. �/i/ 7 � /��_" l ��it
_to/
J-: ette Jones / George Newman,
II aoutyClerk Chairman �y
Date: /U -' , -a/..5
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
c
it.. •_ i • _ L a _ CR-
John Ely, ' ind Houben,
County , o •• , Community Development Director
•
Case#P049-13
PID#:246717400028
(0
Resolution No. O61-2013
Page 7 of 7
Attachment A
Legal Description
Section: 17 Township: 8 Range: 86 PARCEL OF LAND BEING A
PART OF TR 55 IN SEC 17-8-86 BK
269 PG 751 CONT 30,339 SQ FT BK 273 PG 370 PARCEL OF
LAND IN TRACTS 55 & 57 OF SEC 17-8-86 DESC BY M/B BK
1342
PG 218 ALL FOREGOING DESC IN DEED FROM BETTY L
BAILOR
1113K 466 PGS 329 & 340