HomeMy WebLinkAboutBOCC.packet. 05142014 Soldner Family PartnershipMEMORANDUM
TO: Board of County Commissioners
Regular Meeting -- May 14, 2014
THRU: Cindy Hoube &oommmunity Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Soldner family Partnership LLLP Subdivision Conceptual Submission, Special Review
and GMQS Exemption for TDR Receiver Site, and Activity Envelope Review, Second
Reading
SUMMARY OF REQUEST: The Applicant is requesting conceptual subdivision approval to subdivide
the property into two lots; to utilize two TDRs to establish a development right for the new lot; and to
establish an Activity Envelope on the new lot.
The Applicant is also requesting approval of an Activity Envelope for a berm that would be installed
between the two lots.
The BOCC approved the application by a vote of 5 -0 on first reading at a public hearing on April 23.
APPLICANTS: Soldner Family Partnership, LLLP
REPRESENTATIVE: Alan Richman
LOCATION: 501 Stage Road; adjacent to the Maroon Creek Club, Burlingame Ranch affordable
housing project, and Bar /X Subdivision (all within the City of Aspen)
ZONING/LOT SIZE: The lot is zoned AR -2 and contains 5.03 acres.
RECOMMENDATION: Staff and the Planning Commission recommend that the BOCC approve the
Soldner Family Partnership LLLP Subdivision Conceptual Submission, Special Review and GMQS
Exemption, and Activity Envelope on second reading, subject to the conditions in the attached Resolution.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE PAUL E. AND VIRGINIA I. SOLDNER FAMILY LIMITED
PARTNERSHIP SUBDIVISION CONCEPTUAL SUBMISSION, SPECIAL REVIEW AND
GMQS EXEMPTION FOR TDR RECEIVER SITE, AND ACTIVITY ENVELOPE REVIEW
Resolution No. -2414
RECITALS
l . Paul E. and Virginia 1. Soldner Family Limited Partnership ( "Applicant ") has applied to the Board of
County Commissioners of Pitkin County, Colorado ( "BOCC ") to request conceptual subdivision
approval to subdivide the property into two lots; to utilize TDRs to establish a development right for the
new lot; and to establish an Activity Envelope on the new lot.
2. The property is located at 501 Stage Road, and is more specifically described in Exhibit A.
3. The parcel is zoned AR -2 and contains 5.03 acres, and is located within the Urban Growth Boundary.
4, The Pitkin County Planning and Zoning Commission { "Planning Commission ") considered the
proposed application at a regularly scheduled meeting on March 4, 2014, and recommended approval by
a vote of 4 -0.
5, The BOCC considered the proposed application at a duly noticed public hearing on April 23, 2014 and
a regular meeting on May 14, 2414.
6. In its review of the application, the Planning Commission acknowledged the cultural heritage of the
Soldner property and voiced support for the Policy and Implementation Step in the West of Maroon
Creek Plan ( "WOMP "), which state, "Maintain this parcel which contains the home and art studio of
long -time resident Paul Soldner and his family, as a pant of the cultural heritage of Aspen, worthy of
recognition" and "Ensure zoning accommodates use as a single family residence and art studio;
and/or a `cultural center for art,' with public access. " The Planning Commission found that the
subdivision of the property does not compromise the cultural value of the site, as long as access to
Lot S2 is provided off of Harmony Road.
The Planning Commission and the BOCC find that the subdivision of the property is consistent with
the West of Maroon Creek Plan, which includes the following Policy and Implementation Step related
to the parcel, "Allow the parcel to continue to function as a low density oasis between more dense
development in the Maroon Creek Club, the Stage Road residential subdivision and the Burlingame
affordable housing development " and "Maintain two acre zoning to allow up to two homes (subject
to applicable land use provisions.)"
S. The BOCC further finds that the use of at least one and up to five TDRs to establish a development
right for Lot S2 is appropriate, given the location within the Urban Growth Boundary, the lack of
constraints on the site, consistency with the AR -2 zoning and surrounding residential uses, the
minimal impacts on the surrounding area, and the adequacy of public facilities and services to serve
the residence.
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Resolution No. -2014
Page 2
9. The BOCC further finds that the Activity Envelope on proposed Lot S2 complies with the applicable
provisions of the Code: the wildfire hazard is rated as medium and can be mitigated; impacts on
wildlife can be mitigated; and the envelope is primarily comprised of slopes of less than 30% and the
small areas of slopes in excess of 30% within the envelope were the result of man -made improvements
on the site, and comply with the exception for minor slope anomalies, pursuant to Sec. 7- 20- 20(c)(3) of
the Code.
10. The BOCC further finds that the proposed Landscape and Grading Activity Envelope and Site Plan for
a berm that would provide screening between Lots S1 and S2 comply with the applicable provisions of
the Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the
Soldner Family Limited Partnership Subdivision Conceptual Submission, Special Review and GMQS
Exemption, and Activity Envelope, subject to the following conditions, which shall run with the land and
be binding on all successors in interest:
1. The Applicants shall adhere to all material representations made during the application process.
2. The Applicant may combine the Detailed Submission and final Plat in one application.
3. With the Detailed Submission /Final Plat application, the Applicant shall:
A. Provide a draft Improvements Agreement
B. Submit will serve letters from utility companies.
4. Concurrent with recordation of the Final Plat and prior to submission of the Site Plan Review
application for Lot S2, the Applicant shall record an Activity Envelope Plan in accordance with Land
Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall
first be submitted for approval by the County Attorney and Community Development. The above
referenced approvals shall be a condition precedent to finalization and recordation.
5. Prior to submission of any building or other development permit applications for Lot S2, the
Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to
Secs. 2 -30 -20 and 7 -10 -50 of the Code. With the Site Plan Review application, the Applicant shall:
A. Amend the Activity Envelope to designate a corridor where utilities will be extended to the
residence from the utility easement on the eastern property line.
B. Confirm the location of the nearest fire hydrant to determine if an on -site water supply for fire-
fighting is required.
C. Submit plans and profiles of the proposed driveway.
6. Prior to submission of any building or other development permit applications for Lot Sl, the
Applicant shall be required to submit for approval an application for Activity Envelope and Site Plan
Review, pursuant to Secs. 2 -30 -20 and 7 -10 -50 of the Code.
7. Prior to submission of an Earthmoving, Clearing and Grubbing Permit for the berm and landscaping, the
Applicant shall record an Activity Envelope /Site Plan in accordance with Land Use Code Section 2-
30 ?0(g) and Application Manual Section 2.1.12. The Activity Envelope /Site Plan shall first be
Resolution No -1014
Page 3
submitted for approval by the County Attorney and Community Development. The above referenced
approvals shall be a condition precedent to finalization and recordation.
8. Prior to building permit application for Lot S2, the Applicant shall submit a minimum of one, and up to
a total of five, executed Irrevocable Certificate(s) of TDRs to allow a minimum of 2,500 square feet and
up to the allowable gross floor area of 12,215 square feet of floor area on the lot (each TDR provides
2,500 square feet of floor area) and a copy of the deed(s) evidencing conveyance of the Certificate to
the Applicant (if applicable). A GMQS allotment may not be applied for to replace the use of TDRs.
'9. Concurrent with submission of a building permit application for the residence on Lot S2, the Applicant
shall:
A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. As
the total development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State
Stormwater Permit. All historic and natural drainage patterns shall be maintained. Stormwater
shall be detained onsite and allow infiltration of runoff prior to discharge.
B. Submit a construction management plan for review and approval by the Planning Engineer. The
plan shall allow the City of Aspen the ability to enforce any construction impacts on Harmony
Road.
C. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District.
D. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
E. Submit a tree mitigation plan for the removal of any trees larger than 6 inch DBH.
F. Submit a detailed landscaping plan, which shall be generally consistent with the landscaping shown
on the Site Plan.
G. Submit a detailed exterior lighting plan demonstrating compliance with the County's lighting
regulations.
H. Obtain a fireplace /woodstove permit from the Community Development Department, if
necessary.
10. Prior to issuance of the building permit application for the residence, the Applicant shall:
A. Pay the applicable road and employee housing impact fees.
B. Obtain an access permit for the driveway off of Harmony Road, which shall be approved by the
Planning Engineer and Aspen Fire.
C. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the
payment shall be based on the regulations in effect at the time of building permit issuance.
D. Make a cash payment in lieu of dedicating land to the County for parks /recreation/open space.
Calculation of the payment shall be based on the regulations in effect at the time of building permit
issuance.
11. The Applicant shall comply with the following standards for Development in a Medium Wildfire
Hazard Area:
A. Defensible Space: The area around all buildings /structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
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Resol¢rtiW7 No. -2014
Page 4
1) Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around the structure.
3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall not
exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel.
4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10
feet above the ground and ladder fuels from around trees and brush shall be removed.
5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between
the edges of the crowns.
6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
7) The density of fuels within a 100 foot perimeter of the structures shall be reduced.
8) All deadfall up to a 100 foot perimeter shall be removed.
9) No new conifer trees shall be planted within 10 feet of a residence.
10) No flammable mulches shall be placed within two feet of a residence.
11) The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly
as defined in the building code. Wood shake /shingle roof coverings are prohibited. 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.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the approved building code 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.
C. Roof Venting
1) Soffit venting shall be located in the outer 1 /3rd portion of the overhang.
2) Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum 1/4"
openings.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs. Fascias, or Other:
1) Sheath with non - combustible materials, or
2) Combustible materials underlain with 518" Type X gypboard or equal, or
3) Minimum 4x6 rafters with 2x T &G decking.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum 6x6
posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction.
Resolution No. -2014
Page 5
F. 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 (' /a)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
7) Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
11) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire- resistive construction on the exterior side of the
walls.
13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non- combustible post.
15) Utilities shall be extended underground.
12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access, turning around of fire apparatus, installation of an approved
fire sprinkler system, and water supply for fire - fighting.
13. The Applicants shall comply with the following measures to mitigate impacts to wildlife:
A. Contractors shall be prohibited from bringing dogs on -site.
B. Native vegetation shall be maintained outside of the activity envelope as long as it complies with
the wildfire mitigation stated above.
C. Landscaping shall not include nut, berry or fruit producing trees or shrubs to minimize an
attractant to bears.
D. Trash /garbage shall be kept in an approved bear resistant container or enclosure as required by
the County's Wildlife Protection Ordinance.
E. All outside doors shall utilize only solid round handled door knobs unless another type is required
by the applicable building code for disabled accessibility purposes. Any sliding doors at ground
level shall have appropriate locking mechanisms to ensure that bears cannot gain entry.
F. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds.
G. Fencing shall comply with the following.
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Resolution No. -2019
Page 6
1) Mesh or woven wire fences are prohibited outside the Activity Envelope.
2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
3) Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
14. No development including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved activity envelope,
except as necessary to comply with the wildfire mitigation measures described above.
15. All new utilities shall be installed in locations and through procedures that minimize visual impacts to
the maximum extent practicable. All utilities shall be installed or extended underground within the
approved Activity Envelope or along the driveway.
16. The Applicant shall provide adequate engineering of any retaining walls over 4' in height and/or any
improvements to retaining walls over 4' in height. All retaining walls shall be a maximum of 7' in
height.
17. No development in excess of 30" above or below natural grade shall occur within the setbacks of the
parcel, with the exception of driveways and associated retaining walls of up to 6' above or below
natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the
most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
18. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
19. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
20. 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.
Resolution No -2014
Page 7
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION
PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 20" DAY OF MARCH, 2014.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE
OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.co_m) ON THE DAY OF
, 2014.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 23RD DAY OF APRIL, 2014.
ADOPTED AFTER SECOND READING ON THE 14TH DAY OF MAY, 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES
WEEKLY ON THE DAY OF , 2014.
ATTEST:
Jeanette Janes, Clerk to the BOCC
APPROVED AS TO CONTENT:
4�y �Houb�en����
Community Development Director
P00b -14
PID 273502300005
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
Ii
Robert A. Inner, Jr., Chair
APPROVED AS TO FORM:
John Ely
County Attorney