HomeMy WebLinkAboutbocc.res.007.2014CONTRACT #
RECEPTION#: 611540, 07/02/2014 at
08:51:49 AM,
1 OF 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE RIVER ROCK CORP., LUZERN CORP. AND BASEL CORP.
SUBDIVISION EXEMPTION FOR MAJOR PLAT AMENDMENT AND SCENIC VIEW
PROTECTION REVIEW
Resolution No.(X-2014
RECITALS
I. River Rock Corp., Luzern Corp. and Basel Corp. (together, "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 (Lot 0 and Lot I ).
B. Amend the plat for Lots 1, 2 and 3 to reduce the size ofthe 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 and subject to the Dimensional Requirements contained in Chapter 5
of the Code, including the measurement of Floor area as per Section 5-20-70, which states that spaces
below grade are exempt from floor area to the extent provided in Section 5-20-70 (g)(1) and garages and
carports are exempt from Floor area to the extent provided in Section 5-20-70 (g)(2) of the Code.
4. The County approved Block 4 of the Knollwood Subdivision in 1963 (Plat Book I, 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.
47-2006. 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 I, 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
Resolulion No.,� -2014
Page 2
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
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 Tots 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 duly noticed public hearings on October 23, November 6 and
December 18, 2013, and January 8, 2014, at which times 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 I ) complies with Sec. 2-30-40(i)(2) of the
Land Use Code ("Code"), based on the following:
A. The Applicant has committed to limit the non-exempt floor area on Lot I to 3,100 square feet, which
is less than the 3,900 square feet that would be allowed based on the total combined lot area of 24,381
square feet; and
B. 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 I, 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 feel, 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 of the residences, will be visible from the highway.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the River
Rock Corp., Luzern Corp. and Basel Corp. 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.
Resolution No. to -201 d
Page 3
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:
A. An Amendment to the Development Agreement recorded as Reception No. 577499 in the records
of the Pitkin County Clerk and Recorder to reflect the approvals granted herein.
B. 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 include: (a) 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 and (b) the grading plan that
is to be used for height calculations.
4. The gross floor area on each of Lots I, 2 and 3 shall be limited to the following:'
A. On Lot 1, a maximum of 3,100 square feet of non-exempt floor area.
B. On Lots 2 and 3, the area included in the measurement of floor area based on the Floor Area
Ratio of 0. 16, which equates to: 2,198 square feel of non-exempt floor area on Lot 2 and 2,274
square feet of non-exempt floor area on Lot 3.
C. On each of Lots 1, 2 and 3: A maximum of 750 square feet of garage and carport space exempt
from floor area as provided in Section 5-20-70(8)(2) of the Code; and
D. On each of Lots 1, 2 and 3: A maximum amount of below grade space exempt from floor area
pursuant to Section 5-20-70(g)( I) of the Code equal to the most restrictive of (i) 2,300 square feet
for each lot, or (ii) the area below the grade -level footprint of the residence and garage on each
lot.
5. The Applicant shall not utilize TDRs or compete in Growth Management to exceed a total of 5,750
square feet of gross floor. area on each of Lots 1, 2 or 3.
The residences on Lots 1, 2 and 3 shall be substantially consistent with the representations made by
the Applicant with regard to footprint, height and mass, which representations include (a) the
elimination of 800 square feet of floor area from the north end of the upper level of the residence on
Lot I, and (b) the shifting of the residence on Lot 3 to the west to establish a minimum setback of 15'
from the eastern lot line. The exterior of the structures shall utilize indigenous earth tone materials or
colors and the roofs shall have a non -reflective color or composition. Reflective roof materials shall
not be used unless the materials are treated prior to installation to eliminate reflectivity, with the
exception of materials associated with solar or photovoltaic equipment. Samples of exterior materials
shall be reviewed and approved by Community Development prior to buildingpermit application.
Driveway lighting is prohibited and all other lighting shall comply with the lighting code.
Resolution No.001-2014
Page 4
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 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
January 8, 2017.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 19th day
of September, 2013.
APPROVED this 8" day of January, 2014.
PUBLISHED AFTER ,A,�D�'OPTI N FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the -nay of y , 2014.
0
Jones, Clerk to tfie BOCC
APPROVED AS TO CONTENT:
Cindy Houben
Community Development Director
P037-13
PID #273718401003/004/007
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
BI —
Robert A. Ismer, Jr., Chair
APPROVED AS TO FORM:
Joh y
ttomcy
RECEPTION#: 611541, 07/02/2014 at
LONTRACT # ?a -� 108:511:50OU/`f 7,AM,
1 of 7, R $0.00 Doc Code AGREEMENT
Janice K. Vos Caudill, Pitkin county, CO
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
(LOTS 1, 2 AND 3, BLOCK 4, KNOLLWOOD SUBDIVISION)
This Amended and Restated Development Agreement (this "Agreement') is
entered into by the Board of County Commissioners of the County of Pitkin, State of
Colorado (the "County'), and River Rock Corp., a Colorado corporation ("River Rock"),
Luzern Corp., a Colorado corporation ("Luzern'), and Basel Corp., a Colorado
corporation ("Basel"). River Rock, Luzern and Basel are sometimes referred to in this
Agreement together as the "Owners".
RECITALS
A. River Rock is the owner of Lot 1 ("Lot 1"), Luzern is the owner of Lot 2
("Lot 2"), and Basel is the owner of Lot 3 ("Lot 3"), all in Block 4, Knollwood
Subdivision, according to the Trigar Investments, L.P. & Ali Reza Rastegar Lot Line
Adjustment and Minor Plat Amendment recorded February 8, 2011 in Plat Book 96 at
Page 14, County of Pitkin, State of Colorado, as such plat has been further amended as
described below. Lot 1, Lot 2 and Lot 3 are sometimes referred to in this Agreement
together as the 'Tots".
B. In 2006, pursuant to Determination No. 46-2006, the County's 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 proposed encroachments onto steep slopes. The County
subsequently found that a taking had occurred and remediated the taking pursuant to
Resolution No. 140-2006 recorded in the County records on December 29, 2006, at
Reception 532818 (the "2006 Lot 1 Approval").
C. In 2006,Lot 2 and Lot 3 received approval from the County for 1041
Hazard Review, Conceptual Submission, Scenic Overlay Review and Minor Plat
Amendment pursuant to Hearing Officer Determination No. 47-2006 recorded on
November 3, 2006, at Reception No. 530680 (the "2006 Lots 2 and 3 Approval"). The
2006 Lot 1 Approval and the 2006 Lots 2 and 3 Approvals are -together referred to as the
"2006 Approvals."
D. Pursuant to the Pitkin County Land Use Code and Colo. Rev. Stats. §§ 24-
68-101-106 (the "Vested Rights Statute"), the 2006 Approvals each constituted and
established vested property rights pursuant to the Vested Rights Statute.
E. In 2009, the County granted approvals to the Lots for subdivision
exemption for minor plat amendment, minor amendment to a development permit,
merger, activity envelope and extension of vested property rights, all pursuant to
Resolution No. 016-2009 as recorded in the real property records of the County on April
9, 2009, at Reception No. 557907 (the "2009 Approval').
{A0038230 / 2 }
F. Pursuant to the 2009 Approval, the County agreed to extend the vested
property rights for the 2006 Approvals until October 17, 2014. Pursuant to the 2009
Approval, the County and the prior owners of the Lots entered into that certain
Development Agreement dated effective as of March 11, 2009 and recorded in the real
property records of the County on February 8, 2011 at Reception No. 577499 (the "2009
Development Agreement").
G. Pursuant to Resolution No. 007-2014 of the Board of County
Commissioners adopted by the Board at a public. meeting held on January 8, 2014, the
County approved certain amendments to the 2006 Approvals and the 2009 Approval in
the form of a subdivision exemption for major plat amendment and scenic view
protection review (the "2014 Approval'). The 2014 Approval is memorialized, in part,
by the plat of the Second Amended Knollwood Subdivision, Lots 1, 2 and 3, Block 4,
recorded on d U f 4 ej- , 2014 in Plat Book taj at Page tiv , and that certain
Knollwood Subdivisio Lots 11 2 and 3, Block 4 1041 Environmental Hazard Review
Site Plan recorded on- , 2014 in Plat Book /() q at Page
H. The 2006 Approvals, the 2009 Approval and the 2014 Approval are
together referred to in this Agreement as the "County Approvals."
I. Development of the Property in accordance with the terms and conditions
of the County Approvals will help to achieve important public policy and economic
development goals of the County. It is anticipated to provide for orderly and well
planned growth, promote economic development and stability within the County, ensure
reasonable certainty, stability and fairness in the land use planning process, secure the
reasonable investment -backed expectations of the Owners, and foster cooperation
between the public and private sectors.
J. Pursuant to the 2014 Approval, the County required that the 2009
Development Agreement be amended to reflect the 2014 Approvals. The parties desire to
enter into this Agreement to amend and replace the 2009 Development Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the County and the Owners agree as follows:
1. VESTED RIGHTS. This Agreement and the County Approvals constitute an
approved "site-specific development plan" as defined in the Vested Rights Statute, and
establish and extend vested property rights pursuant to the Vested Rights Statute to
develop the Property in the manner contemplated by the County Approvals for a period
ending on January 8, 2017. Except as permitted under the Vested Rights Statute
(including, without limitation, Section 24-68-105), no zoning or land use action by the
{A0038230/21 2
County or pursuant to an initiated measure that would alter, impair, prevent, diminish,
imposing a moratorium on development, or otherwise delay the development or use of
the Property as permitted pursuant to the County Approvals shall apply to or be effective
against the Property or the development thereof.
2. DEVELOPMENT TERMS.
2.1. Non -Exempt Floor Area. The gross floor area on each of Lots 1, 2
and 3 shall be limited to the following:
(a) On Lot 1, a maximum of 3,100 square feet of non-exempt
floor area shall be permitted.
(b) On Lots 2 and 3, the floor area shall be based on the Floor
Area Ratio of 0.16, which equates to: 2,198 square feet of non-exempt
floor area on Lot 2 and 2,274 square feet of non-exempt floor area on Lot 3.
2.2. Garage and Carport Space. On each of Lots 1, 2 and 3, a maximum
of 750 square feet of garage and carport space exempt from floor area shall be
permitted, as provided in Section 5-20770(g)(2) of the Code.
2.3. Below Grade Exempt Space. On each of Lots 1, 2 and 3, the
maximum amount of below grade space exempt from floor area pursuant to
Section 5-20-70(g)(1) of the Code shall be limited to the most restrictive of (i)
2,300 square feet for each Lot, or (ii) the area below the grade -level footprint of
the residence and garage on each Lot.
2.4. 5,750 Limit. Neither TDRs nor competition in Growth Management
shall be used to exceed a total of 5,750 square feet of gross floor area on each of
the Lots.
2.5. Compliance with Representations. The residences on Lots 1, 2 and 3
shall be substantially consistent with the representations made by the Owners with
regard to footprint, height and mass, which representations include (a) the
elimination of 800 square feet of floor area from the north end of the upper level
of the residence on Lot P, and (b) the shifting of the residence on Lot 3 to the west
to establish a minimum setback of 15' from the eastern lot line. The exterior of the
structures shall utilize indigenous earth tone materials or colors and the roofs shall
have a non -reflective color or composition. Reflective roof materials shall not be
used unless the materials are treated prior to installation to eliminate reflectivity,
with the exception of materials associated with solar or photovoltaic equipment.
Samples of exterior materials shall be reviewed and approved by Community
Development prior to building permit application. Driveway lighting is prohibited
and all other lighting shall comply with the lighting code.
(Ao038230 i2 ) 3
3. MISCELLANEOUS.
3.1. Section Titles. The titles of the sections and paragraphs of this
Agreement are for convenience of reference only and are not intended in any way
to define, limit, or describe the scope or intent of this Agreement.
3.2. Amendment of Agreement. This Agreement may be amended or
terminated only by mutual consent of the County and the Owners in writing
following the public notice and public hearing procedures required for approval of
this Agreement.
3.3. BindingEffect. ffect. This Agreement shall inure to the benefit of, and be
binding upon, each of the parties and their respective legal representatives,
successors and assigns.
3.4. Recording. This Agreement shall be recorded in the real property
records maintained by the Clerk and Recorder of Pitkin County, Colorado.
3.5. Counterparts. This Agreement may be executed in multiple
counterparts,
[remainder of page intentionally blank]
{A0038230 / 2 1 4
EXECUTED to be effective as of the date listed in the preamble of this
Agreement.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PITKIN, STATE
OF COLORADO
Chairman, Board of County
Commissioners
i—
to the Board offCounty Commissioners
"s•
/ A 1 U� �,, chi
ommunity Deelopment^Director
�k N nt
{A0038230 / 2 } 5
RIVER ROCK CORP., a Colorado corporation
By: �
N : J. rt Jo is
TT4fle. Attorney -i act
STATE OF COLORADO )
ss:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this () day of
J n� 2014, by J. Bart Johnson as Attorney -in -Fact of River Rock Corp., a Colorado
corporation.
Witness my hand and official seal.
My commission expires:
i
BARBARA J D'AUTRECHY
ARY PUOLIC
STATETOF COLORADO LUZERN CORP., a Colorado corporation
NOTARY ID 0 20070042887
MY COMMISSION EXPIRES JUNE 1/ 2017
By:
N e: . B Johns n
Ti le• A orney-in-
STATE OF COLORADO )
ss:
COUNTY OF PITKIN )
T The foregoing instrument was acknowledged before me this,; Cd day of
�f 1 tee_ 2014, by J. Bart Johnson as Attorney -in -Fact of Luzern Corp., a Colorado
corporation.
Witness my hand and official seal.
My commission expires:
BARBARA J D'AUTRECHY o
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID • 2 /074042887
MY COMMI8StON EXPIRES JUNE 11. 2017
(A0038230 / 2) 6
BASEL CORP., a Colorado corporation
STATE OF COLORADO )
ss:
COUNTY OF PITKIN 1
The foregoing instrument was acknowledged before me this 3 `� day of
S c� 2014, by J. Bart Johnson as Attorney -in -Fact of Basel Corp., a Colorado
corporation.
Witness my hand and official seal.
My commission expires: Jae t�, 2a
BARBARA J D'AUTRECHY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 0 20074042887
MY COMMISSION EXPIRES JUNE 11 2017
1A003823012 1 7