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Home My WebLink Aboutbocc.res.102.2014RECEPTION#: 614723,10/2112014 at 09:48:00 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, DENYING THE GSS PROPERTIES LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW FOR A DRIVEWAY ACROSS THE HOLLOWAY PROPERTY; SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR AND SITE PLAN REVIEW FOR RESIDENCE; AND AMENDMENTS TO RESOLUTION NO. 099-2011 Resolution No VI -2014 RECITALS 1. GSS Properties LLC ("Applicant') applied to the Board of County Commissioners ("BOCC") to obtain Activity Envelope and Site Plan Review approval for a driveway across the Holloway property; Special Review and GMQS Exemption to utilize one TDR and Site Plan Review approval to develop a residence of up to 8,250 square feet of floor area within the previously approved Activity Envelope; and to amend certain conditions of Resolution No. 099-2011. 2. The parcel is located on the north side of Woody Creek Road, and is more specifically described in Exhibit A. 3. The parcel is zoned RS -20 and contains 62.95 acres.'. 4. The Community Development Director ("Director") denied the Activity Envelope application, pursuant to Administrative Decision No. 27-2011. The Director found that that the Activity Envelope for the residence complied with the Code, but that the Driveway Envelope (for a driveway directly off of Woody Creek Road) contained slopes in excess of 45%, where development is prohibited by Sec. 7- 20-20(6) of the Land Use Code ("Code"). 5. The BOCC subsequently found that a taking had occurred as a result of the denial, and remediated the taking by approving an Activity Envelope and a Driveway Envelope, pursuant to Resolution No. 099-2011. The Activity Envelope Plan was recorded in Plat Book 102 at Pages 55-57. The Protective Covenant restricting the property against further subdivision into smaller lots was concurrently recorded as Reception #597704. 6. The BOCC denied the Site Plan Review for the driveway directly off of Woody Creek Road, pursuant to Resolution No. 070-2013, based on a finding that the driveway did not comply with the intent of the Scenic View Protection provisions in Sec. 7-20-120 of the Code, as follows: A. The driveway has not been designed and located to complement the natural landscape and the natural features within the public viewplane, and does not achieve an aesthetically pleasing, rural atmosphere. B. The visual impact of the driveway and the retaining walls when viewed from Woody Creek Road is substantial and has not been minimized to an acceptable extent. C. The driveway is inconsistent with and degrades the rural character of the Woody Creek area. The BOCC finds that the Driveway Envelope for the driveway across the Holloway property contains slopes in excess of 45% and 30%, where development is prohibited by Secs. 7-20-20(b) and (c) of the Code. Resolution No.10-2014 Page 2 8.. The BOCC further finds that the Applicant has satisfied the standards of Sec. 7-20-120(d) and (e) of the Code, the Standards for Development Within Scenic View Protection Areas and the Rural Character Guidelines, as follows: A. Any development within the building and activity envelopes will be visible from certain points along Highway 82 and Woody Creek Road, but at a substantial distance. The residence has been placed near the top, or back, or the meadow and away from the edge of the escarpment, so it is not visible from Woody Creek Road as it passes by (and below) the mesa. B. The property sits in the visual backdrop in proximity to existing development and is not in the scenic foreground as viewed from these roads, and the development will not significantly alter the scenic quality or rural character of these corridors. C. The mass of the building is broken down into smaller forms with articulated facades and staggered roof lines and heights. D. The proposed residence will not penetrate a ridgeline or silhouette against the sky as viewed from Woody Creek Road or Highway 82. E. The residence will be located at the edge of a meadow. 9. The BOCC further finds that the use of one TDR to develop up to 8,250 square feet of floor area is appropriate, given the siting of the residence and the limited visual impacts, compatibility with the character of the surrounding development, and compliance with the other special review criteria in Sec. 2-30-30(h)(2) of the Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby denies the GSS Properties LLC Activity Envelope and Site Plan Review for a driveway across the Holloway property; Special Review and GMQS Exemption for TDR and Site Plan Review for a residence of up to 8,250 square feet of floor area; and Amendments to Resolution No. 099-2011, due to the encroachment of the driveway on slopes in excess of 30% and 45%. Resolution No. 1 -2014 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 24'h day of July, 2014. DENIED this 271h day of August, 2014. Jones, Clerk to re BOCC ✓ED AS TO CONTENT: aC4- LAAgALI_C-4 1 dy Houben Community Development Director P055-14 PID 4264315100021 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Robert A. Itmer, Jr., Chairman APPROVED AS TO FORM: John Ely / Co orney EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in Government Lots 1, 6, 7, 8 and 14, Section 15, Township 9 South Range 85 West of the 6th P.M. Being a portion of the Stranahan Ranch as conveyed by Warranty Deeds recorded as Reception Nos. 106364, 110053 and 113671 (Barbier to Sandersen) of the Real Estate Records of Pitkin County, Colorado described as follows: Beginning at the East 1/4 corner of said Section 15; thence North along the Easterly lines of Government Lots 7, 6 and 1 to the Northeast corner of said Section 15 also being the Easterly comer of the Stranahan Wells Subdivision Exemption Map No. 2 recorded in Plat Book 26 at Page 86 of the Real Estate Records of Pitkin County; thence Southwesterly S 46°50'29 W along the Southeasterly boundary of said Stranahan-Wells Subdivision to a point which bears N. 53°03' W from the Northwest corner of that parcel described in said Reception No. 113671; thence S 53°03' E 875.6 feet more or less to the Northwest corner of said Reception No. 113671; thence Southwesterly and Easterly along said Reception No. 113671 S 63°10' W 466.8 feet; S 68°27' W 603.5 feet to the Northerly line of a County Road; S 41 `43' E 302.1 feet along Northerly line of County, Road; S 51'22' E 520.0 feet along Northerly line of County Road; S 62°09' E 608.7 feet along Northerly line of County Road; N 89'23' E 476.2 feet more or less to the Easterly line of said Lot 14; thence North along the Easterly line of said Lot 14 to the point of beginning. Excepting therefrom that certain tract of land described as beginning at a point 20 feet South of the Salvation Ditch and on the South line of said Lot 6, thence North 100 feet, thence East to the East line of said Lot 6, thence South 100 feet to the said South line and thence West along said South line to the place of beginning.