HomeMy WebLinkAboutBOCC.packet 06112014 - Aspen Valley RanchMEMORANDUM
TO: Board of County Commissioners
Regular Meeting —June 11, 2014
THRU: Cindy Houben, Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Aspen Valley Ranch Amendments to Development Permit; Activity Envelope and Site Plan
Review; Special Review and GMQS Exemption for Caretaker Dwelling Unit — Continued Public
Hearing
SUMMARY: The application includes all of the Aspen Valley Ranch Parcels (nine residential parcels and the
Agricultural Facilities Parcel); one adjacent lot in Aspen Valley Downs (Lot 6); and an adjacent metes and bounds
parcel (Werk Cook Parcel).
Aspen Valley Ranch: The Applicant is requesting to amend the prior approvals as follows:
• Amend the historic incentives granted for designation of the Bourg Homestead cabin, barn and potato cellar
to the Pitkin County Historic Register.
• Relocate approved but not built agricultural facilities (agricultural equipment building and hay storage) from
the Agricultural Facilities Parcel ( "AFP ") to Homestead 1 to avoid a debris flow area and to separate
agricultural functions.
• Obtain approval for a Caretaker Dwelling Unit on Homestead 1.
• Amend and/or establish development envelopes for additional landscaping, ditch relocation, new /expanded
ponds, access improvements and new bridges.
• Establish utility corridors throughout the property to accommodate utility lines and facilities, including a
central water system.
• Amend the Agreement for Grant and Acceptance of Trail Easement recorded as Reception #583885.
Aspen Valley Downs: The Applicant proposes to bury a water storage tank for a central water system for Aspen
Valley Ranch within the approved building envelope on Lot 6.
Werk Cook Parcel: The Applicant proposes to re- establish the Activity Envelope for a single family residence
and to obtain a new vested right. The Applicant also proposes to establish an envelope and obtain approval of a
landscape plan along the trail to Red Canyon.
A complete list of all proposed changes is provided in Table 1 of the application (Pages 14 -15). These
amendments require the following approvals:
• Amendment to Development Permit
• Activity Envelope and Site Plan Review
• Historic Preservation Benefits
• Special Review and GMQS Exemption for Caretaker Dwelling Unit
The BOCC continued the hearing on April 23 and conducted a site visit on May 27. The Applicant
submitted amendments to the application on June 2, 2014 (provided separately). The amendments are
addressed below.
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APPLICANT: Aspen Valley Ranch LLC
REPRESENTATIVE: Glenn Horn
LOCATION: Off of Upper River Road
STAFF COMMENTS: As noted above, the Applicant has submitted amendments to the application in response
to comments made at the April hearing and observations made at the site visit. The Applicant's June 2 submittal
describes the existing entitlements, what was originally proposed in the 2014 land use application, and the
currently proposed amendments. Staff will respond to the amendments in the order they are addressed in the June
2 submittal, and will not reiterate the existing entitlements and original request.
HOMESTEAD 1: The proposed amendments would:
1. Ensure that the equipment barn does not break the ridgeline.
2. Provide additional landscaping on the south side of the hay and equipment barns for screening from Upper
River Road
3. Limit the free market house for the Ranch Manager to 5,750 square feet of floor area, unless the agricultural
facilities on Homestead 1 are removed. If the agricultural facilities are removed, then a free market residence
of up to 13,250 square feet of floor area could be built. if one of the agricultural buildings is removed, the
square footage may be available to be utilized as residential floor area.
Staff supports the proposed amendments, with one clarification. TDRs are required on Homestead 1 to establish
the development right and to accommodate floor area of up to 13,250 square feet. The Applicant will be required
to surrender one TDR to construct the Ranch Manager Residence. If the agricultural buildings are removed and a
free market residence of up to 13,250 square feet is to be built, then three additional TDRs will be required for the
floor area in excess of 5,750 and up to 13,250 square feet. The square footage from the agricultural buildings
cannot be converted to residential floor area.
AGRICULTURAL FACILITIES PARCEL: The Applicant proposes to surrender two TDRs for the additional 4,150
square feet of floor area that is requested to develop the second floor of the Bourg Barn as a locker room (total of
2,400 square feet, of which 1,500 square feet is exempt as an historic incentive in place of the two accessory
structures with bathing facilities and 900 square feet will be acquired via TDR), and 3,250 square feet for the Pool
House. TDRs will be utilized, rather than seeking this additional floor area as an incentive for the historic
designation. - Staff supports this proposal as it addresses the concerns raised regarding the appropriateness of
increasing the floor area incentives that were previously granted.
In addition, the Applicant requests that the BOCC designate the Ranch House as the principal residential use on
the Agricultural Facilities Parcel, which would allow the Ranch House to be developed at a height of 28 feet
(principal building height), rather than 20 feet (accessory building height). The height was not specified in the
prior approval. Staff supports the request, given the siting of the Ranch House near the toe of the slope, such that
the slope provides a backdrop to the building, and in a location that does not impact any neighboring properties.
Suzannah Reid, Historic Preservation Officer, has been working with the Applicant on the restoration of the Bourg
Barn and has reviewed the plans for the Ranch House, and does not have any concerns with the proposed 28 foot
height.
HOMESTEAD 8: The Applicant has provided additional information to support the establishment of a development
envelope for the on -site wastewater treatment system for the residence on Homestead 8. The envelope complies
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with the 100' setback from the creek, and has been sized to accommodate the system that is currently being
designed for the residence. Staff supports the request.
HOMESTEAD 9: The Applicant has withdrawn the request to establish an envelope on Homestead 9 for the on -site
wastewater treatment system for the Werk Cook parcel. In addition, the Applicant commits to increase the setback
from Dry Woody Creek from 20 to 50 feet. Staff supports the requests.
WERK COOK PARCEL: The Applicant commits to permanently deed restrict the Werk Cook parcel against
residential development, if the County agrees to discontinue use of Trail Segments A and C (as shown on
Attachment 10 to the June 2 supplement to the application). The parcel has numerous constraints as described in
the April 23 staff memo. The primary constraint is wildlife habitat, including mule deer and elk severe winter
range and elk winter concentration area. Other constraints that can be avoided include rockfall, alluvial fan and
floodplain, and the 100' setback Red Canyon /Dry Woody Creek; but these constraints leave a limited activity
envelope. From a wildlife perspective, Kevin Wright with Colorado Parks and Wildlife ( "CPW ") agreed that the
proposed envelope was in the best location possible, but that development on this parcel would clearly impact
wildlife. Staff supports the sterilization of the parcel, but will defer the question to the BOCC as to whether
sterilization of the parcel is appropriate in exchange for discontinued use of Trail Segments A and C.
TRAIL PROPOSAL: The Applicant's current proposal for modifications to the 2011 Agreement for Grant and
Acceptance of Trail Easement (Appendix 7 in application) are specified on Pages 6 and 7 and Exhibit 10 of the
June 2 supplement to the application. The Applicant is requesting to eliminate use of Aspen Valley Ranch
Road by trail users and instead to provide a trail on the hillside to the north of Aspen Valley Ranch Road. The
Applicant has worked with Mr. Wright and Gary Tennenbaum with Open Space and Trails to establish an
acceptable alignment for the trail. Since this trail would be within critical deer and elk habitat areas on the
south - facing slopes, winter closure of the trail is recommended by CPW. The decision as to whether to modify
the 2011 Trail Easement is at the discretion of the BOCC.
RECOMMENDATION: Staff recommends that the BOCC approve the Aspen Valley Ranch Amendments to
Development Permit; Activity Envelope and Site Plan Review; Special Review and GMQS Exemption for
Caretaker Dwelling Unit, subject to the attached Resolution.
Staff has not made a recommendation on the proposed modifications to the 2011 Trail Easement, but for purposes
of the draft Resolution has presumed that the Werk Cook parcel is sterilized and that the 2011 Trail Easement is
modified in some manner; the final determination on these issues will be made by the BOCC at the meeting and
the Resolution will be amended accordingly.
Supplemental Material (612114) provided separately
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO GRANTING APPROVAL OF THE ASPEN VALLEY RANCH AMENDMENTS TO
DEVELOPMENT PERMIT; ACTIVITY ENVELOPE AND SITE PLAN REVIEW; SPECIAL
REVIEW AND GMQS EXEMPTION FOR CARETAKER DWELLING UNIT
Resolution No. -2014
RECITALS
1. Aspen Valley Ranch LLC ( "Applicant ") has applied to the Board of County Commissioners of Pitkin
County, Colorado ( "BOCC ") to amend the prior approvals to include the following:
A. Amend the historic incentives granted for designation of the Bourg Homestead cabin, barn and
potato cellar to the Pitkin County Historic Register.
B. Relocate approved but not built agricultural facilities (agricultural equipment building and hay
storage) from the Agricultural Facilities Parcel ( "AFP ") to Homestead 1 to avoid a debris flow area
and to separate agricultural functions.
C. Obtain approval for a Caretaker Dwelling Unit on Homestead 1.
D. Amend and /or establish development envelopes for additional landscaping, ditch relocation,
new /expanded ponds, access improvements and new bridges.
E. Establish utility corridors throughout the property to accommodate utility lines and facilities,
including a central water system.
F. Amend the Agreement for Grant and Acceptance of Trail Easement recorded as Reception
#583885.
2. The Applicant is also requesting to bury a water storage tank for a central water system for Aspen
Valley Ranch within the approved building envelope on Lot 6; and to re- establish the Activity
Envelope for a single family residence and obtain a new vested right for the Werk Cook Parcel.
3. These amendments require the following approvals:
A. Amendment to Development Permit
B. Activity Envelope and Site Plan Review
C. Historic Preservation Benefits
D. Special Review and GMQS Exemption for Caretaker Dwelling Unit
4. The property is located on Upper River Road, and is described as Homesteads 1 -9 and the Agricultural
Facilities Parcel, Aspen Valley Ranch Subdivision Exemption; Lot 6, Aspen Valley Downs Subdivision;
and the Werk Cook Parcel, which is more specifically described in Exhibit A.
5. The property is zoned RS -20, with the exception of the Dry Woody Creek Parcels, which are zoned
Rural /Remote, and a 2 acre portion of the Agricultural Facilities Parcel that is zoned Affordable Housing
(AH). The property contains approximately 809 acres broken down as follows:
A. 485 acres within Aspen Valley Ranch Homesteads 1 -9 and the Agricultural Facilities Parcel.
B. 245 acres within the seven Dry Woody Creek Parcels; all are restricted as TDR Sending Sites (not
included in this application).
C. 58 acres within Aspen Valley Downs Lots 6 -9 (only Lot 6 is included in this application).
D. 20 acres within the Werk Cook Parcel (metes and bounds parcel at mouth of Red Canyon).
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Resolution No. _ -201,
Page 2
6. The BOCC approved the Aspen Valley Downs Subdivision, pursuant to Resolution No. 92 -90, and
the final plat is recorded in Plat Book 28 at Page 90. 10 free market single family lots were subdivided
out of the original Aspen Valley Ranch. As part of the approval, two non - development easements
were granted on Aspen Valley Ranch: a 76 acre wildlife easement on the south - facing slopes of
Triangle Peak and an 85 acre agricultural easement.
7. The BOCC approved Resolution No. 112 -2005, which granted Special Review, 1041 Hazard Review,
Conceptual Submission and GMQS Exemption for Homesteads 1 -9 and the Agricultural Facilities Parcel
of Aspen Valley Ranch. The BOCC granted 20 year vested rights with the approval.
8. The BOCC amended the 2005 approval, pursuant to Resolution No. 081 -2008. The amendments
included:
A. Designation of the Bourg Homestead cabin, barn and potato cellar to the Historic Register, and as an
incentive for the designation, granting of a GMQS exemption for 5,000 square feet of floor area on
the Agricultural Facilities Parcel: 3,500 square feet for the Ranch House and 1,500 square feet for
two accessory structures with bathing facilities.
B. Voluntary deed restriction of three dwelling units on the Agricultural Facilities Parcel: one
existing/historic and two new; maximum of 10,000 square feet.
C. Realignment of the entry road and construction of a new road to the upper mesa (Homesteads 6 & 7
and Aspen Valley Ranch Lots 6 -9) and construction of a new "Core Road" on the Agricultural
Facilities Parcel.
D. Debris flow mitigation on the Agricultural Facilities Parcel
E. Stream Enhancements on the upper and middle reaches of Red Canyon and Dry Woody Creeks, and
ditch improvements in the lower pasture.
F. Amendments to the building and development envelopes.
9. The BOCC considered this application at duly noticed public hearings on April 23 and June 11, 2014, at
which times evidence and testimony were presented with respect to the application.
10. The BOCC finds that it is appropriate to grant an historic incentive of 1,500 square feet of floor area on
the second floor of the Bourg Barn for a locker room in exchange for the 1,500 square feet previously
granted for two accessory structures with bathing facilities, which are no longer proposed to be built.
11. The BOCC further finds that it is appropriate to approve the use of two TDRs for an additional 4,150
square feet of floor area for common non - agricultural facilities on the Agricultural Facilities Parcel — 900
square feet on the second floor of the Bourg Barn for a locker room and 3,250 square feet for the Pool
House.
12. The BOCC further finds that the relocation of agricultural buildings — the equipment barn and hay barn ---
from the Agricultural Facilities Parcel to Homestead I is acceptable, as it avoids development within the
debris flow on the Agricultural Facilities Parcel; the buildings will be clustered, are sited near the entry to
the ranch, and will not create additional impacts on wildlife; and the square footage of the buildings will
count against the 30,000 square feet of agricultural floor area approved pursuant to Resolution No. 112-
2005.
13. The BOCC further finds that it is appropriate to sterilize the Werk Cook Parcel from development in
order to preserve important mule deer and elk habitat, and agrees in exchange to modify the 2011 Trail
Easement as requested.
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Resolution No. -2014
Page 3
14. The BOCC further finds that it is appropriate to eliminate the new entry road that was constructed
through the lower pasture and the proposed new road on the upper mesa to access Homesteads 6 and 7.
Accessing Homesteads 6 and 7 from below rather than above will lessen disturbance the visibility of the
driveways. Elimination of the lower road will maintain access around the perimeter of the main lower
pasture with only ranch vehicle access through the center of the pasture.
15. The BOCC further finds that the proposed envelope on Homestead 8 to accommodate the on -site
wastewater treatment system ( "OWTS ") avoids the 100' setback from Dry Woody Creek and is
necessary to accommodate the OWTS for the proposed 13,000 square foot residence on Homestead 8.
16. The BOCC further finds that the other proposed amendments to building and development envelopes for
landscaping, grading, ponds, driveways, utilities, ditch relocation and bridges are appropriate and comply
with the applicable provisions of the Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
proposed amendments, 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 application or in public meetings or
hearings and shall consider those representations to be conditions of approval, unless amended by other
conditions.
2. The Applicant shall comply with all conditions of BOCC Resolution Nos. 112 -2005 and 081 -2008,
except as amended herein.
3. The following approvals related to the Werk Cook Parcel are hereby rescinded: Planning and Zoning
Commission Resolution No. 91 -14, BOCC Resolution No. 91 -55, and Hearing Officer Determination
No. 39 -2006.
4. Prior to submission of any development permit applications based on this approval, the Applicant shall
be required to submit for approval by the County Attorney and Community Development amended
Site Plans. The above referenced approvals shall be a condition precedent to finalization and
recordation. The owner must sign the mylar copies of the site plans prior to submittal for recording.
5. Concurrent with recordation of the amended site plans, the Applicant shall:
A. Record a Covenant in a form acceptable to the County Attorney restricting the Werk Cook Parcel
against residential development.
B. Record an amendment to the 2011 Agreement for Grant and Acceptance of Trail Easement.
6. Within 60 days of the date of this approval, the Applicant shall submit an earthmoving permit application
for the reclamation of the entry road through the lower pasture (on Homesteads 2, 3 and 4) to a limited
use ranch road. The permit application shall show all re- grading and revegetation.
7. The Ranch House is considered the principal residential structure on the Agricultural Facilities Parcel,
and as such, may be built to the principal building height of 28 feet.
8. The residential floor area on Homestead 1 shall be limited to a maximum of 5,750 square feet of floor
area, as long as the common agricultural facilities for the ranch (equipment barn and hay barn) remain on
Homestead 1. If the agricultural facilities on Homestead 1 are removed, then residential floor area of up
Resolution No. _ -2014
Page 4
to 13,250 square feet may be developed on Homestead 1. The Applicant must surrender one TDR to
develop the initial 5,750 square feet of floor area on Homestead 1. Up to three additional TDRs may be
used to develop up to 13,250 square feet of floor area (1 TDR = 2,500 square feet).
9. As a replacement historic incentive for the two accessory structures with bathing facilities, which will not
be built, a total of 1,500 square feet of floor area is exempt from growth management for use on the
second floor of the Bourg Barn for a locker room.
10. At building permit application for the Pool House and to develop the second floor of the Bourg Barn as a
locker room, the Applicant shall surrender two TDR Certificates and a copy of the deed(s) evidencing
the Applicant's acquisition of the Certificates (if applicable), in order to develop up to 4,150 square
feet of floor area (3,250 square feet for the Pool House and 900 square feet in the Bourg Barn).
11. Agricultural buildings are prohibited on Parcels 2 -9. Agricultural facilities on the Agricultural Facilities
Parcel and Homestead 1 shall be limited to a total of 30,000 square feet, with no one building exceeding
5,000 square feet.
12. The hay storage structure on Homestead 1 shall be game proof — side walls shall be constructed of 8'
high solid siding or mesh fencing with gates of at least 7' in height.
13. The Colorado Department of Public Health and Environment has determined that the proposed central
water system for Aspen Valley Ranch does not currently meet the definition of a public water system
and is not subject to those regulations. Once the development reaches 15 units or serves more than 25
persons for more than 60 days a year, the water system would be considered a public water system
and subject to the State Health Department's regulations. With each building permit application, the
Applicant shall provide documentation for review by Environmental Health to demonstrate whether
or not the additional development will trigger an application to the State for a public water system.
14. The caretaker dwelling unit on Homestead 1 shall comply with the following:
A. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Applicant shall
obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor
plans of the unit shall be submitted to the Housing Office with the deed restriction.
B. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can
bake and broil, sink of at least 14 "W X 16 "D X 5.25 "H, and at least a 5.3 cubic foot refrigerator and
0.73 cubic foot freezer. Two off - street parking spaces shall be provided for the unit. The caretaker
dwelling unit must have separately accessible utilities. This does not preclude shared utilities.
C. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office
may inspect the unit.
D. The floor area of the caretaker dwelling unit shall be included in the total allowed floor area for
Homestead 1,
15. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
0- OU0a7
Resolution No. _ -2014
Page 5
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 20'n day of
March, 2014.
APPROVED AND ADOPTED on the I I"' day of June, 2014.
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO CONTENT:
Cindy Houben
Community Development Director
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
Robert A. Ittner, Jr., Chair
APPROVED AS TO FORM:
John Ely
County Attorney
PO 16-14
PID 4264305302001; 264305302002;264305402001; 264305402002; 264308104001 ;264304302001;264304302002;
264304302003; 264305300801 ;264304200033;264304301004
VU�UQ
Davis Horn-
PLANNING & REAL ESTATE CONSULTING
June 2, 2014
Board of County Commissioners
Suzanne Wolff AICP
130 South Galena Street
Aspen, Colorado 81611
Re: 2014 Aspen Valley Ranch Land Use Plan Application — Amendments
Dear Board Members & Suzanne:
As you know, we represent the Souki family ( "Applicant ") in the 2014 Aspen Valley Ranch
Land Use Plan ( "Plan ") application. Thank you for the direction you provided at the April 23,
2014 public hearing and for attending the site visit on May 27, 2014. Based upon comments at
the public hearing and observations at the site visit, this letter proposes additional application
amendments which benefit the public and meet the objectives of the Applicant.
As noted at the April 23, 2014 public hearing, Lina, Karim and Chris Souki (siblings) and their
young families will live at Aspen Valley Ranch as full time residents and operate the Ranch
while Tarek (sibling) and Charif (father) will have seasonal homes. While, Pitkin County has
considered multiple land use applications for the Ranch since 1986, this is the first application
which is not for a speculative real estate development. The Souki family plans to live at on
Aspen Valley Ranch for a long time and wants to, and will, contribute to and participate in the
Woody Creek community.
The existing entitlements, original 2014 Plan and land use application and June, Plan/Application
Amendments are described in the following sections of this letter.
Homestead # 1
Existing Entitlements
The Applicant is entitled to build a free market house containing 13,250 square feet of floor area
and a manmade landscaped landform in the middle of the irrigated pasture which the prior
owners intended to build to screen West Ranch from the large free market house.
1
ALICE DAVIS AICP S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 * ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180
adavis@rof.net ghorn @rof.net
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Original 2014 Plan/Application
The 2014 Plan/Application originally proposed eliminating the landform, expanding the irrigated
field to the east and developing Homestead # 1 as depicted by Attachment 1, the Homestead # 1
Site Plan, which you viewed on the site visit. Attachments 2, 3 and 4 depict conceptual
elevations of the proposed structures: equipment barn (6,600 sf), hay barn (4,165 sf), caretaker
dwelling (1,000 sf) and free - market house for Ranch Manager (2,400 +/- sf). The proposed
agricultural improvements will count against the entitlement to build 30,000 square feet of
agricultural floor area on the Agricultural Facilities Parcel (AFP). The AFP is impacted by
potential debris flow hazards. Relocation of the agricultural facilities to Homestead # 1
complies with the Pitkin County Code standard to avoid debris flow hazards on the Agricultural
Facilities Parcel to the maximum extent feasible.
June 2014 Plan /Application Amendments
The Applicant proposes the following amendments.
1. The free market house for the Ranch Manager will be limited to 5,750 square feet of floor
area unless the proposed agricultural facilities on Homestead # 1 are removed in which
case the free market house could be improved to contain up to 13,250 square feet of floor
area. If one of the proposed agricultural buildings is removed, the square footage from
that building may be available to be utilized as residential square footage. The Applicant
intends to build a Ranch Manager's house containing only 2,400 +/- square feet of floor
area.
2. The locations of the agricultural buildings and caretaker dwelling unit will be shifted to
insure the equipment barn does not break the ridgeline on the eastern flank of Triangle
Peak which we observed on the site visit.
3. Native landscaping on the south side of the hay and equipment barns above Upper River
Road will be added to enhance screening from Upper River Road. The additional
landscaping will complement the existing landscaping and be consistent with the existing
dense vegetation along Upper River Road.
Agricultural Facilities Parcel
Existing Entitlements
Existing entitlements on the AFP are:
1. Two 750 square foot accessory structures with bathroom facilities to be located on the
east side of Dry Woody Creek near the existing maintenance building may be built. The
Board awarded the prior Aspen Valley Ranch owners 1,500 square feet of residential
floor area exempt from the residential Growth Management Quota (GMQS) as an
incentive for the stabilization and maintenance, not restoration, of the Bourg Homestead
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and Barn. Restoration of the structures was not required. Attachment 5 (three sheets)
depicts the condition of the Bourg Barn prior to the restoration by the Souki family.
2. Three rental affordable housing units may be built at the option of the property owner.
One of the housing units is the historic Bourg Homestead. Attachment 6 depicts the
Homestead prior to and after the complete restoration which you observed on the site
visit.
3. One 3,500 "Ranch House" may be developed with "residential floor area." The "Ranch
House" may include kitchen and bathroom facilities and meets the Code definition of a
house. The "Ranch House" is approved to be used as a common facility for owners of
parcels on the Ranch and not intended to be a residence. The Board awarded the 3,500
square feet of residential floor area exempt from the residential Growth Management
Quota (GMQS) as an incentive for the stabilization and maintenance, not complete
restoration, of the Bourg Homestead and Barn.
4. Development of the 3,570 +/- square foot horse barn which you observed on the site visit.
The horse barn is located at the southern end of the AFP at the Iimits of the debris flow
hazard areas.
5. The development of 30,000 square feet of agricultural floor on the AFP. The floor area in
the new horse barn (3,570 +/- sf) of agricultural floor area was developed from the pool
of agricultural floor area. There remain 26,430 +/- square feet of the agricultural square
footage available for use on the Ranch. Ten Thousand Seven Hundred Sixty Five
(10,765) square feet of the remaining agricultural square footage will be utilized for the
proposed agricultural buildings on Homestead # 1 as discussed above.
Original 2014 Plan /Application
The 2014 Plan/Application originally proposed the following development on the AFP.
1. Eliminate two approved accessory structures with bathroom facilities and relocate the
allotted 1,500 residential square feet of floor area to Bourg Historic Barn which is
proposed to contain 2,400 square feet of residential floor are in the second floor of the
barn as an incentive for the historical designation of the Bourg Homestead and Barn.
This represents an additional 900 square feet of residential floor area over and above the
residential floor area approved in 2008.
2. Add a 3,250 square foot Pool House. The Pool House Site Plan Elevation is depicted by
Attachment 7.
3. The 4,150 square feet of residential floor area (900 sf for the barn and 3,250 sf for the
pool house) proposed for the second floor of the Bourg Historic Barn and the pool house
would be awarded as an amendment to the incentive for the historic designation of the
historic Bourg resources. The Staff did not support this amendment at the April 23, 2014
meeting and Rachel Richards commented that the Applicant was seeking additional credit
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for a historic preservation incentive which was already agreed to by the Board in the
2008 land use review. The significant improvement of the historic barn and the original
manager's house over and above the requirements of formal approvals which were the
basis for the original incentives should be considered by you and the Board when
reviewing the totality of this application.
4. Relocate other new agricultural facilities to Homestead # 1 to comply with the Code
standards to avoid debris flow hazards to the maximum extent feasible.
June, 2014 Plan /Application Amendments
The Applicant proposes acquiring two TDRs as a Special Review residential GMQS
exemption for an additional 4,150 square feet of residential floor area to be used to
develop the second floor of the Bourg Barn for a locker room and the Pool House. The
Applicant is no longer seeking this floor area as an incentive for the historic designation
of the Bourg historic resources. This request is made in response to the Staff and Rachel
Richard's comments (see # 3 above). The acquisition of two additional TDRs supports
the County transferable development rights program and Pitkin County goals of
preserving sensitive lands located in sending areas which are not appropriate for
development.
2. The Applicant requests the Board designate the "Ranch House" as the primary residential
use on the AFP which would allow the "Ranch House" to be developed at a height of 28
feet rather than being limited to 20 feet as an accessory structure. If the "Ranch House" is
permitted to be 28 feet tall it will be compatible with the adjacent Bourg Historic barn.
Homestead # 8
Existing Entitlements
A house containing 12,750 square feet of residential floor area may be built on this parcel.
Original 2014 Plan /Application
The Applicant requested an expansion of the building envelope to accommodate the septic
system. This request was made due to new County and State standards for waste waste water
disposal systems. The Staff requested an analysis of the need for the expansion.
June, 2014 Plan /Application Amendments
Attachment 8 is a memorandum from Dean Derosier addressing the septic system requirements
and Attachment 9 is a revised Site Plan which shows the minimum area needed for a septic
system to serve the house on Homestead # 8 based upon County and State standards and has
been located to comply with setbacks from the nearby Dry Woody Creek.
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Homestead # 9
Existing Entitlements
Homestead # 9 is entitled for a 13,250 square foot house which may be located 20 feet from the
Dry Wood Creek high water mark.
Original 2014 Plan/Application
The Applicant requested approval to increase the size of Homestead 9 building envelope to
accommodate the Werk Cook Parcel septic system.
June, 2014 Plan /Application Amendments
Based upon Staff comments, the Applicant deletes the request to increase the size of the building
envelope for the Werk Cook septic system. Additionally, based upon suggestions made by
Rachel Richards, the Applicant will increase the Dry Woody Creek setback from 20 feet to 50
feet.
Werk Cook Parcel
Existing Entitlements
The Werk Cook Parcel has an entitlement for a house containing 8,250 square feet of residential
floor area. The vested property rights for the building envelope have expired.
Original 2014 Plan /Application
The original 2014 application sought approval for a new Activity Envelope located on the west
side of Dry Woody Creek located outside of rockfall hazard areas, but within the '/4 mile buffer
of critical deer and elk winter range. Additionally, the application sought a 50 foot reduction in
the 100 foot setback from the Red Canyon intermittent creek and from Dry Woody Creek. The
Applicant submitted a letter on April 10, 2014 indicating the Souki family was reevaluating
plans for the Werk Cook parcel.
June, 2014 Plan/Application Amendments
Due to the importance of the deer and elk winter range in the vicinity of the Werk Cook parcel
and in Red Canyon, the Applicant will permanently deed restrict the Werk Cook parcel against
residential development if the County agrees to discontinue use of Trail Segments A and C (see
Attachment 10, Aspen Valley Ranch Trail Segments).
UU6313
Trail Proposal
Trail Segments A and C are located on the Aspen Valley Ranch road, Traveling on the Road is
not an ideal trail experience for trail users, Karim and Lina Souki who will be living on
Homesteads # 2 and # 3 or family members who will be recreating on the AFP. In contrast, the
proposed trail alignment above the Ranch is an excellent trail experience. The trail features
moderate grades and outstanding upvalley mountain views across the agricultural lands of
Woody Creek.
Kevin Wright of Colorado Parks and Wildlife and Jonathan Lowsky, Wildlife Biologist, clearly
explained at the April 23, 2014 public hearing the importance of the critical deer and elk winter
range on the south facing slopes of Aspen Valley Ranch and Red Canyon which is comprised of
BLM lands. Due to significant wildlife concerns there should not be any winter use on the south
facing hillsides above the Ranch on private or public lands.
Based upon these factors, the Souki Family offers the following trail proposal. Please refer to
Attachment 10, Aspen Valley Ranch Trail Segments to understand the Trail Proposal.
Trail Proposal — Part t
The Applicant will develop Trail Segment A (purple and yellow solid lines). Pitkin County will
permanently discontinue use of Trail Segment A (red dashed line) and a portion of Trail Segment
B (depicted by purple dashed line). This is an unconditional commitment by the Applicant.
Trail Proposal — Part 2
Trail Proposal Part 2 is conditional based upon Pitkin County permanently closing Trail Segment
C (green dashed line). The Applicant makes the following commitments in return for the
permanent closure of Trail Segment C.
1. The Werk Cook Parcel will be permanently deed restricted against residential
development.
2. Installation of substantial gates closing trails at appropriate locations as
recommended Kevin Wright.
3. Development of trail management plan incorporating counters, cameras in the winter to
aid in enforcement by Pitkin County Open Space and Trails and the AVR Ranch
Manager.
4. Modify trail agreement with Pitkin County as requested by Colorado Parks and Wildlife
to permit use of trails by hunters during hunting season rather than closing trails to
hunters on November 1.
S. Modify trail agreement with Pitkin County as requested by Colorado Parks and Wildlife
to permit hunters to use trails without carrying guns in gun cases.
on
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6. There will be no winter use of Red Canyon by Aspen Valley Ranch Parcel owners, guests
or employees.
7. The Applicant will improve wildlife habitat along Trail Segment B by removing isolated
Junipers as recommended by Kevin Wright.
Summary
This letter includes amendments to the 2014 Aspen Valley Ranch Plan/Application which have
been made based upon consideration of comments made by Parks and Wildlife, County Staff and
Board of County Commissioners during the land use review process. These amendments seek to
improve the Plan to make it responsive to public concerns and desirable for the Souki family. We
look forward to discussing the amendments with you at the meeting on June 11 and hope to
resolve all outstanding issues at the meeting.
Thank you for attending the site visit and considering the amendments addressed in this letter.
Sincerely,
DAVIS HORN INCORPORATED
GL N HORN AICP
Attachment List
1. Homestead 1 Site Plan
2. Mechanical Barn Elevations
3. House Elevations
4. Caretaker Elevations
5. Aspen Valley Ranch: Historic Bourg Barn Pre - Construction Photos
6. Aspen Valley Ranch: Bourg Homestead Prior to and after Restoration
7. Pool House Site Plan and Elevation
8. May 30, 2014 Memorandum to Glenn Horn from from Dean Derosier, P.E. addressing
the Homestead # 8 Septic System
9. Homestead # 8 Site Plan
10. Aspen Valley Ranch Trail Segments
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McLaughlin Water Engineers
A C3MSion of Merriok & Company
Dated: May 30, 2014
MERRICK McLAUGHLIN ENGS Ltd.
11 I P AABC ASPEN, COLORADO 81611
970- 925 -1920 970- 925 -1974 fax mweaspen @rofnet
MEMORANDUM
To. Glen horn — Davis Horn; Charlie Kees - DHM
From: Dean Derosier; Merrick McLaughlin Water
RE: Aspen Valley Ranch Homestead 8 — Woody Creek
The Aspen Valley Ranch Homestead # 8 OWS /ISDS is anticipated to be a 5
bedroom house.
Homestead # 8 --
• 5 bedrooms
• Over 12,750 square feet
100 gallons per day per person
• Per Rates - 26 MPI {est)
• Water System is a Central Water System for Fire & Domestic Service
• System Design is gravity flow from the tanks to the new systems consisting of
infiltrators in trenches and evenly distribution of flows
e Average flow — 5 bedrooms X 2 plbr X 100 gppd —1,000 gallons per day
The new system for HS # 8 will have 154 total units in 7 rows of 22 Quick 4 units.
We will use Infiltrator units. Total length of each trench is 88 feet long. Field
Dimensions 90' long by 70' wide.
Based on the above assumptions, the designed system is the minimum sized
required that meets Pitkin County Environmental Health Department Onsite
Waste Water Treatment System Regulations. In order to meet all setback
requirements from buildings, streams, slopes, and other site limitations, the OWS
will not fit within the original Building Envelope. The system designed is located
just outside the envelope and meets all setback requirements.
G. Dean Derosier, P. E.
gdd1AVRHS HS 8 Design/septic
000026 McLaughlin Water Engineers 111 P AABC, Aspen, Colorado 816'11 P 970 -925 -1920 F970- 925 -1974
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FLOOR AREA TO BOURG HISTORIC BARN.
21 ADD 3,2540 SF POOL HOUSE AND POOL.
3) MODIFY BUILDING ENVELOPE TO ENCOMPASS POOL
HOUSE, POOL, LANDSCAPING AND PARKING.
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PEDESTRIAN CROSSING AND EXISTING DRY WOODY
CREEK BRIDGE.
51 MODIFY LOT LINE WITH HOMESTEAD TO
ACCOMMODATE SETBACKS FOR POOL HOUSE
HOMESTEAD B:
I) MODIFY DEVELOPMENT ENVELOPE TO
ACCOMMODATE SEPTIC FIELD TO SERVE HOUSE
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TRAIL SEGMENT A
A WINTER OPTION
PROPOSED TRAIL SEGMENT A
TRAIL SEGMENT R
TRAIL SEGMENT C
TRAIL SEGMENT D
TRAIL UP RED CANYON
TRAIL SEGMENTS
- .. - - -- TO BE REMOVED
RASED UPON A4 MEE MEN T FOR GRIND AND ACCEPTANCE Of
TRAIL EASEMENT RECEPTION M S@0"5
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TRAIL UP
RED CANYON \-,
TRIANGLE
PEAK �•
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PARCE�L.
BLM LANDS
A WINTER OPTIONS
A
WEST -/--K.,
RANCH
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UPPER RIVER ROAI
PITKIN COUNTY SOLID
WASTE CENTER
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-- - - - - -- -- .— _------ - - - --�
--- -._._.---- -------- ---- - -- - -I
DRY WOODY CREEK PARCELS i
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.— . —. —•-j
EY DOWNS
0
INITmS N01TN
2014 ASPEN VALLEY RANCH TRklL_EASEMENT SEGMENTS EXHIBIT
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