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HomeMy WebLinkAboutBocc Packet 11062013 River Rock CorporationMEMORANDUM TO: Board of County Commissioners Regular Meeting — November 6, 2013 TRU: Cindy Houb;I H'eno rnunity Development Director FROM: Suzanne Wolff, Senior Planner RE: River Rock Corporation, Luzern Corporation and Basel Corporation Subdivision Exemption for Major Plat Amendment and Scenic View Protection Review REQUEST: The Applicant proposes to amend the prior approvals as follows: > Major Plat Amendment to increase the allowable floor area based on the total lot area of the previously merged lots (Lot 0 and Lot 1). Y Amend the plat for Lots 1, 2 and 3 to reduce the size of the access easement. The access easement was combined with utilities, drainage and the landscape easement, which made it larger than needed. Reducing the size of the easement will increase the lot area on each lot and the allowable floor area. ➢ Obtain a new Scenic View Protection approval for the current house designs for Lots 1-3 (including the larger residence on Lot 1). The BOCC continued the application on October 23, 2013, to give the Applicant an opportunity to resolve issues raised by the neighbor, Paula Douglass. No additional information was submitted to include in the packet. The Applicant will provide an update at the meeting, and either request that: ➢ The hearing proceed if the Applicant and neighbor have resolved their issues; OR ➢ The hearing be continued to a mutually agreed upon date. Please bring the October 23 packet to the meeting. A request was made for staff to provide the prior approvals and plats/site plans; these documents are included in the application. The approvals are found as Attachments 3, 4, 7 and 12; the recorded plat is found as Attachment 9; and the 1041 site plan is found as Attachment 1 1 . A plan showing the approved envelopes and footprints is attached. Additional graphic materials will be presented at the meeting APPLICANTS: River Rock Corporation, Luzern Corporation and Basel Corporation REPRESENTATIVES: Glenn Horn and Bart Johnson LOCATION: The property is located on East Highway 82 between the highway and the Roaring Fork River, and is described as Lots 1-3, Block 4, Knollwood Subdivision. The Salvation Ditch traverses the property and the East Aspen Trail is located on the north side of the lots between the highway and the ditch. ZONING: The lots are zoned R-15 and contain 30,890; 16,780; and 17,114 square feet, respectively. The lots are within the Urban Growth Boundary. RECOMMENDATION: The Planning Commission recommends that the BOCC approve the River Rock Corporation, Luzern Corporation and Basel Corporation Subdivision Exemption for Major Plat Amendment and Scenic View Protection Review, subject to the attached Resolution. a KNOLLCCOOD SUBDIVISION LOTS 1,2 & 3, B W1< 5711II,WATPR RA}Yl1 Si, l %lv[R: I. li n 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE RIVER ROCK CORPORATION, LUZERN CORPORATION AND BASEL CORPORATION SUBDIVISION EXEMPTION FOR MAJOR PLAT AMENDMENT AND SCENIC VIEW PROTECTION REVIEW Resolution No. -2013 RECITALS 1. River Rock Corporation, Luzern Corporation and Basel Corporation ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the prior approvals as follows: A. Major Plat Amendment to increase the allowable floor area based on the total lot area of the previously merged lots. B. Amend the plat for Lots 1, 2 and 3 to reduce the size of the access easement. The access easement was combined with utilities, drainage and the landscape easement, which made it larger than needed. Reducing the size of the easement will increase the lot area on each lot and the allowable floor area. C. Obtain a new Scenic View Protection approval for the current house designs for Lots 1-3 (including the larger residence on Lot 1). 2. The property is located on East Highway 82 between the highway and the Roaring Fork River, and is described as Lots 1-3, Block 4, Knollwood Subdivision. The Salvation Ditch traverses the property and the East Aspen Trail is located on the north side of the lots between the highway and the ditch. 3. The lots are zoned R-15 and contain 30,890; 16,780; and 17,114 square feet, respectively. The lots are within the Urban Growth Boundary. 4. The County approved Block 4 of the Knollwood Subdivision in 1963 (Plat Book 1, Page 286). 5. The Hearing Officer denied an application on Lot 1 requesting 1041 hazard review, conceptual submission, scenic overlay and minor plat amendment approval for a single family residence and driveway, due to encroachments on slopes in excess 30% and 45%, pursuant to Determination No. 46-2006. The BOCC subsequently found and remediated the taking, pursuant to Resolution No. 140- 2006. Concurrently the Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay and minor plat amendment approval for single family residences and a driveway on Lots 2 and 3, pursuant to Determination No. 47-2006. These decisions approved the development of a common driveway that would provide access to all three lots across an easement that traverses Lot 4. The approval was granted under the pre-2006 Land Use Code, which permitted a 20' setback from the river. 6. The Applicant subsequently acquired "Lot 0", which is a remnant of the Benedict Estate located to the west of Lot 1, in order to provide a better access to the lots. The deed for "Lot 0" prohibited buildings or structures on the property, but allowed non-structural improvements, including driveways, irrigation ditch improvements and relocations, underground utilities, landscaping and berming, and storm water drainage and improvements. Pursuant to Resolution No. 016-2009, the BOCC approved the merger of"Lot 0" with Lot 1, the designation of easements and activity envelopes for the revised driveway entering from the west and the new house design for amended Lot 1. The BOCC also extended the vested rights until October 17, 2014. The Applicant agreed to y Resolution No. -2013 Page 2 dedicate an easement to the City of Aspen for the trail across the property, to increase the setbacks from the river and to implement a riparian enhancement plan. The amended plat and 1041 site plan are recorded in Plat Book 96 at Pages 14-16. The 2009 merger of Lot 0 and Lot 1 via the "Minor Amendment" provision of the Code did not permit the floor area to be increased based on the additional lot area. 7. Pursuant to Administrative Decision No. 22-2011, the Applicant was permitted to develop the driveway and install utilities prior to pursuing a water service agreement with the City of Aspen. The installation of the driveway and utilities to the lots was completed in the fall of 2012. 8. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly scheduled meeting on August 6, 2012, and recommended approval by a vote of 4-2. 9. The BOCC considered this application at a regular at a duly noticed public hearing on October 23, 2013, at which time evidence and testimony were presented with respect to the application. 10. The BOCC finds that the major plat amendment to increase the allowable floor area on Lot 1 based on the total lot area of the previously merged lots (Lot 0 and Lot 1) complies with Sec. 2-30-40(i)(2) of the Land Use Code ("Code"): the additional floor area is consistent and compatible with the surrounding neighborhood, will not create additional community impacts, and will result in an insubstantial change in the visual impact as seen from the highway. 11. The BOCC further finds that the minor plat amendment for Lots 1, 2 and 3 to reduce the size of the access easement to reflect the as -built driveway and thereby increase the lot area and floor area on each lot complies with Sec. 2-30-20(g)(5) of the Code: the amendment does not affect the degree of compliance with the standards of the Code; is being made to a recorded plat that has been approved by the County; and is consistent with representations made during the prior reviews. 12. The BOCC further finds that it is appropriate to limit the subgrade space on each lot to the footprint of the residence, including the garage (as represented), or 2,300 square feet, whichever is most restrictive, given the small size of the lots and the proximity to the river. 13. The BOCC further finds that the new designs for the residences on Lots I, 2 and 3 within the previously approved building envelopes comply with the Scenic View Protection review criteria in Sec. 7-20-120 of the Code. The elevation of the lots is below the elevation of the highway, therefore, only the upper levels and roofs will be visible from the highway. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the River Rock Corporation, Luzern Corporation and Basel Corporation Subdivision Exemption for Major Plat Amendment and Scenic View Protection Review, subject to the conditions set forth herein, 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 public hearings and in the application. 2. The conditions of BOCC Resolution Nos. 140-2006 and 016-2009 and Hearing Officer Determination No. 47-2006 shall remain in full force and effect, except as modified herein. 3. Prior to submission of any building permit applications, the Applicant shall submit for approval by the County Attorney and Community Development an amended plat with the revised "Access, Utility and Drainage Easement" and the "Utility, Drainage and Landscape Easement." The above referenced approvals shall be a condition precedent to finalization and recordation. The amended plat shall s Resolution No. -2013 Page 3 include the lot area calculations for each lot, with the appropriate deductions for the areas below the high water line of the Roaring Fork River and the areas within the access easement. 4. The gross floor area on each of Lots 1, 2 and 3 shall be limited to the following: A. The area included in the measurement of floor area based on the Floor Area Ratio of 0.16; B. A maximum of 750 square feet of garage and carport space exempt from floor area; and C. 2,300 square feet of below grade space or the area below the footprint of the residence, whichever is most restrictive. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 19t day of September, 2013. APPROVED this day of _ , 2013. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO ATTEST: By George Newman, Chairman Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: Cindy Houben Community Development Director P037-13 P1D #273718401003/004/007 John Ely County Attorney 6