HomeMy WebLinkAboutbocc.res.093.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,GRANTING APPROVAL OF CONCEPTUAL SUBDIVISION,PLANNED UNIT
DEVELOPMENT,AND 1041 HAZARD REVIEW TO JAMES H.COLLINS
Resolution No.Q�-2002
RECITALS
1. James H.Collins("Applicant'),has applied to the Board of County Commissioners of Pitkin
County,Colorado(`BOCC")for approval for the subdivision of 35.255 acres into three lots which will include
the following:
A. Two new single-family residential lots consisting of 4 acres(Lot 1)and 11 acres(Lot 2); and
B. The remaining parcel, 20.266 acres(the Fathering Parcel),which contains the Applicant's
existing residence.
2. The property is in the Woody Creek area off of Upper River Road and is more specifically described
in Exhibit A.
3. The Applicant competed in the 2001 GMQS competition for new residential subdivision on
December 11, 2001 for two single-family lots with dwelling units of 5,750 square feet. Pursuant to
Resolution No. PZ-07-2001,the Planning and Zoning Commission forwarded the 2001 Rural Area
Residential GMQS scores to the BOCC,which allotted the subject property 11,500 square feet. Pursuant to
Resolution No. 006-2002,the BOCC allocated the requested allotments in the 2001 Rural Area Residential
GMQS competition for new subdivision lots and newly created 35+acre parcels.
4 The Planning and Zoning Commission("Commission")at a regularly scheduled meeting on
February 5,2002, reviewed the application and recommended conditional Conceptual Subdivision approval
to the BOCC.
5 The BOCC heard the first reading of this application at a duly noticed public hearing on April 24,
2002,at which time evidence and testimony were presented with respect to this application.
6 The BOCC heard the second reading of this application on May 8,2002, at which time additional
evidence and testimony were presented with respect to this application.
7 The BOCC finds that the Applicant has complied with the applicable policies and regulations of the
Pitkin County Land Use Code,provided that conditions of this document are adhered to.
NOW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant Conceptual Subdivision, 1041 Hazard Review, Conceptual Submission and Planned
Unit Development approval to the Collins development, subject to the following conditions which shall run
with the land and be binding on all successors in interest:
l. Prior to submittal for any earthmoving,access or building permit applications,the Applicant shall
submit a Final Plat to the Community Development Department for review by the County Engineer,County
Attorney and the Community Development Department in accordance with section 5.40 of the Pitkin County
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Land Use Code. The Plat shall also be submitted in digital format for integration into the County's GIS
system. The Plat shall also reflect the following:
A. The Fathering Parcel shall be referred to as"Lot 3".
B. The location of the proposed ponds on Lots 1 &2 shall be delineated.
C. A building envelope around the improvements on the Fathering Parcel(Lot 3)shall be
delineated.
2. Prior to recording of Final Plat,the Applicant shall obtain a final decree from the Water Court
approving a water augmentation plan, in the event required.
3. At Final Plat,the Applicant shall provide documentation that the water rights to support the
construction of the ponds on Lots 1 &2 have been obtained. The Applicant shall also provide documentation
that the water rights to irrigate the agricultural open space are owned bythe Applicant.
4. At Final Plat,the Applicant shall provide documentation that inclusion in the Basalt Water
Conservancy District(BWCD)has been accomplished.
5. Prior to submittal of a septic permit,the Applicant shall provide documentation of adequie quality
and quantity of water to the Environmental Health Department. Wells may be located outside of the building
envelopes, if approved by the Environmental Health and Community Development Departments.
6. Prior to the issuance of a building permit,the Applicant shall obtain approval of a septic permit from
the Environmental Health Department. The septic system shall be located within the approved building
envelopes, and must comply with the setback requirements from surface and groundwater sources A
qualified professional engineer must design the system. Septic systems may be located outside of the
building envelopes, if approved by the Environmental Health and Community Development Departments.
7. Development, such as overhangs,decks,and other projections, shall occur within the approved
building envelopes and shall not extend beyond the envelope.
8. The Applicant shall comply with the following wildlife mitigation measures:
A. One dog shall be allowed per lot with a kennel restriction. Prior tothe issuance of a Certificate
of Occupancy,a kennel shall be constructed.
B. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to
Certificate of Occupancy, compliance with the ordinance shall be verified.
C. Fencing shall comply with Pitkin County guidelines at the time of installation.
D. Native vegetation shall be preserved outside of the building and development envelopes, with
the exception of agricultural cultivation and any thinning and spacing required to
accommodate wildfire mitigation.
E. Fruit-bearing trees and shrubs should be avoided in any landscaping.
F. All lots shall comply with the provisions of the Pitkin County Noxious Weed Management
Plan.
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G. The ponds created shall have a littoral shelf and shall be fenced from grazing livestock except
for a watering location.
H. Any haystacks for horses shall be fenced at the owner's expense with 8' high mesh game
proof fencing.
9. At Detailed Submission,the Applicant shall provide specifications with respect to the $2,000 caii
donation to the Aspen Fire Protection District, including when this donation will be paid, shall be approved
by the District. Prior to recording of the Final Plat,the Applicant shall pay the$2,000 donation to the
District.
10. Prior to the recording o f the Final Plat,the Applicant shall pay the$5,000 donation to RFTA to be
used towards the purchase of the new Woody Creek bus.
11. The Applicant shall comply with the following affordable housing mitigation measuresprior to the
issuance of any building permits for the subject lots
A. The Applicant shall mitigate housing for a tctal of 2.66 residents.
B. The Applicant shall provide deed restricted,for sale,buy-down housing for the equivalent of
1.25 residents as proposed.
C. The Aspen/Pitkin County Housing Authority shall approve the proposed buydown unit.
D. At Detailed Submission,the Applicant shall indicate how they propose to fulfill the remaining
mitigation requirement of 1.41 residents,either in the form of deed restricted housing, or by the
requested option to make a payment of cash-in-lieu.
E. At Detailed Submission,the Applicant shall indicate the housing type and Category proposed for
the deed-restricted units.
F. The Applicant shall deed restrict the units in perpetuity to the Aspen/Pitkin County Housing
Authority.
G. The deed restriction on the affordable housing units shall be in perpetuity to the price terms as
defined by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of Final
Plat.
H. The Housing Office shall qualify all tenants under the Affordable Housing Guidelines.
12. Prior to the submission of Detailed Submission,the Applicant shall work with the Environmental
Health Department to produce a PM 10 mitigation plan containing specific,enforceable control measures and
documenting that the proposed mitigation measures will fully mitigate for al PM-10 increases in the non-
attainment area caused by the development.
13. Prior the issuance of any building permits for each lot,the Applicant shall pay the applicable road
impact fee.
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14. Prior to Final Plat,the Applicant shall submit an overall Ftgitive Dust Control Plan for the proposed
common improvements for review and approval by the Environmental Health Department. The Plan shall
include measures to insure that dust does not become a nuisance or blow onto adjacent properties.
15. Prior to the issuance of any building permits for each lot,the Applicant shall submit a sitespecific
Drainage and Erosion Control plan which addresses management during construction as well as post-
construction,for review and approval by the County Engineer.
16. Prior to the submittal of any building permit for each lot,the Applicant shall obtain an
Access/Driveway Development Permit for individual driveways,which shall be approved by the County
Engineer. If the driveway exceeds 30 inches above or below the natural grade within the setbacks,variances
must be approved by the Board of Adjustment prior to issuance of an Access Permit.
17. Prior to the issuance of a building permit of each lot,the applicant shall 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.
18. Prior to the issuance of a building permit for each lot,the Applicant shall make a cash payment to the
County in lieu of dedicating land for parks/recreation/open space. Calculations of the payment shall be based
on the regulations in effect at the time of building permit issuance.
19. The Applicant shall comply with the following landscaping and wildfire defensble space mitigation
standards:
A. For a distance of 10— 15' around all structures,maintain vegetation at a height of 6" or less
with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be
planted with this perimeter.
B. Conifer trees shall not be planted close to any structures. Branches of these trees shall be no
closer than 10 feet measured from the outmost branches.
C. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
20. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs shall have a non-combustible roof covering on a Class A assembly. Wood shake/shingles
roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are
not permitted in 1041 Wildfire Areas unless they comply with the following:
I) All roof coverings shall be noncombustible materials as defined in the Uniform Building
Code(UBC) 1997 Section 1504 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) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions
above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5) All roof designs,coverings,or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a budding permit application.
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B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash,and flammable debris.
E. All flammable materials and firewood/wood piles)shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
F. Swimming pools shall be accessible by the Fire Departments.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not be connected to the structure.
I. Fuel tanks shall be installed underground with an approved container.
J. Propane tanks shall be installed according to NFPA 48 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 2-hour
fire-resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in
a visible and accessible location.
L. Addresses shall be clearly marked and visible with minimum 2" non-combustible letters and
shall be clearly visible at the primary point of access from the public or common access road and
installed on a non-combustible post.
M. Any outbuildings or additional buildings shall adhere to the same standards as structures.
N. All new utility lines shall be buried within the driveways.
21. No new development, including grading,excavation,fill placement,berming entry or ranch gates,
and vegetation removal or disturbance shall occur outside of the approved building or development envelopes
unless otherwise specified in this document,such as agricultural cultivation,field maintenance,weed control,
irrigation practices,pond construction and necessary wildfire mitigation. Utility and driveway extension and
maintenance shall occur within the approved building or access envelopes. Well and septic locations may
occur outside of the building envelopes in locations approved by the Community Development and
Environmental Health Departments. Landscaping may occur outside of the building and development
envelopes pursuant to a landscaping plan approved by the Community Development Department. The
Landscaping Plan shall delineate the location of the proposed 100-cottonwood trees represented during
GMQS scoring. The cottonwoods shall be a height of no less than 6 feet at planting.
22. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
23. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the
corners of the building envelope and install construction fencing around the perimeter of the building and
development envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the
residence.
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24. Prior to the submittal of any building permit application for each lot,a Construction Management
Plan in accordance to the Asset Management Plan shall be submitted for review and approval by the County
Engineer. The Construction Management Plan shall indicate that vehicles associated with construction (i.e.
employee traffic,construction vehicles, staging and deliveries)shall not violate County Law, such as parking
on County rights-of-way.
25. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District.
26. At Detailed Submission,the Applicant shall identify the location of the proposed dry hydrant to be
used for drafting water from the existing pond on the Fathering Parcel.
27. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
28. A draft of Protective Covenants and the Subdivision Improvements Agreement, detailing
improvements,their costs, and methods of financing, shall be submitted at Detailed Submission.
29. At the time of Detailed Submission approval the Applicant and the County Attorney shall have
agreed upon language, initially drafted by the County Attorney, which offers assurance that all lots will
not receive agricultural assessment status in the future.
30. The Applicant shall adhere to all material representations made in the application or in public
meetings, including, but not limited to, representations made during GMQS Competition for New
Residential Subdivision. These representation include the following:
A. The Protective Covenants shall include the following:
i. On the new lots,wood-burning devices (traditional or certified) shall be prohibited. Gas
logs on these lots shall be allowed. The fireplace on the Fathering Parcel shall be
converted or removed and replaced with either a certified wood burning stove or one gas
fireplace, at which time the Applicant shall obtain a fireplace/woodstove permit from the
Community Development Department.
ii. If any structures are located downhill of an irrigation ditch, the ditch shall be lined or
culverted as necessary. Basements and septic systems shall be located and designed in a
manner that avoids impact from ditch seepage or flood irrigation.
iii. No development shall be allowed within the areas identified on the Final Plat as "Non-
Development Area"or the area identified as "Riparian Protection Zone."
Notwithstanding the foregoing, agricultural activities may be undertaken in the Non-
Development Area and activities designed to enhance habitat that are approved by the
CDOW and Community Development Department may be undertaken in the Riparian
Protection Zone.
iv. The new lots shall contain passive solar design and excess insulation.
V. On the new lots, a grey water system shall be used to conserve water. On the new lots,
water conserving fixtures shall be installed in all residences. The grey water system shall
be reviewed by the Environmental Health Department.
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vi. Any contract for the construction of the new residences on Lots 1 & 2 shall have a
construction management plan that will encourage: car-pooling of workers, on-site tool
storage and recycling and reused materials. The amount of fill removed from the sites
shall be accomplished through limited excavation, regrading, and use of the fill on-site.
Noise and dust shall be controlled during construction.
vii. The"Agricultural Preservation Areas"shall be deed-restricted against any activity that
will interfere with agricultural uses or irrigation water rights.
viii. Each lot shall be allowed 5,570 square feet of floor area. Additional square footage may
be pursued through GMQS competition or the use of TDRs. The total floor area for
residences and any barns or agricultural buildings allowed collectively on both Lots 1 and
2 shall be limited to 22,500 square feet. This floor area shall be allocated between Lots 1
& 2 either on the Final Plat or at the time of sale of the first of Lots 1 or 2 and
memorialized in a recorded document acceptable to the County. In no event shall the
floor area contained in a residence on either Lot 1 or Lot 2 exceed 11,250 square feet per
residence. Floor area in excess of 11,250 square feet attributable to a residence may be
attributed to an agricultural building or barn structure for the shelter of livestock, and
may be constructed on either Lot 1 or Lot 2, provided that total floor area for a residence
and a barn or agricultural building on either Lot 1 or Lot 2 shall not exceed 15,000 square
feet. For example, if Lot 2 built 11,250 square feet of floor area in a residence, it could
have up to 3,750 square feet of floor area for a barn or agricultural building. In such
case, Lot 1 would have a total of 7,500 square feet of floor area available (11,250+3,750
= 15,000 maximum on Lot 2, subtracted from 22,500 square foot maximum for both lots
= 7,500 square feet of floor area available for all uses on Lot 1. Prior to recording of the
Final Plat,the Applicant shall provide a covenant or guarantee to run with the land, for
which the County shall be a beneficiary.
ix. An easement shall be granted to the Aspen Fire Protection District for access to use the
existing seasonal ponds on the Fathering Parcel for drafting water for fire protection in
the Woody Creek area.
X. The installation of Raptor protection devices shall be completely installed prior to the
Certificate of Occupancy for either new lot.
xi. A least 4 nesting boxes shall be installed in appropriate locations on the property for owl
habitat. These shall be installed at the direction of the County Wildlife Biologist prior to
the recording of the Final Plat.
xii. The driveways of all lots shall be graveled and treated with dust retardant until such time
as they are paved or chip-sealed to prevent dust contamination.
xiii. Certified lumber shall be used in construction framing of the new residences on Lots 1 &
2. Native stone shall be used whenever possible in landscaping and construction.
xiv. On the new lots,automatic sprinklers shall be installed in all dwellings.
xv. Each building envelope for Lots 1 &2 establishes a Foundation Setback which is
approximately 20 feet from the top of the slope above the Roaring Fork River. No
building foundation shall be located closer to the top of said slope than the Foundation
Setback.
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 23D MARCH,
2002.
INTRODUCED AND FIRST READ AT THE REGULAR MEETING AND PUBLIC HEARING ON
24TH OF APRIL,2002.
APPROVED AND ADOPTED AFTER SECOND READING ON THE 8TH OF MAY 2002.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE &, -'DAY OF
2002.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PI KIN COUNTY,COLORADO
7i /(4 —SA0,01,
y ee R. Dean nPa i Kay-Clappetj
Deputy County Clerk Chair
Date: QS"
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, d Houben,
Cou ey Community Development Director
Case#142-01
264309300-004
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tjs ate V-v
C O M M I T M E N T
Plat id No.
SC$EDULE A (continued) Order No. 406937 -C
S. The land referred to in the Commitment is covering the land in the State of
Colorado, county of Pitkin , described as follows;
A Tract of Land situated in Lot 10 of Section 8 and in Lots 13 and 14
of Section 9, all in Township 9 South, Range 85 West of the Sixth
Principal Meridian, Pitkin County, Colorado, being more particularly
described as follows :
Beginning at a point whence the South Quarter corner of said Section 9
bears South 59*06104" East 2561 .28 feet;
thence South 41027'31" West 280 .91 feet to a wooden fence;
thence South 34139' 37" East 56.62 feet along said fence;
thence departing said fence South 33026' 36" West 170.06 feet to the
center of the Roaring Fork River;
thence South 59°12' 00" East 125.98 feet along the center of the river;
thence South 79149, 00" East 163 .25 feet along the center of the river;
thence South 62051' 00" East 135 .26 feet along the center of the river;
thence South 35010' 00" East 65.36 feet along the center of the river;
thence youth 28112100" East 85 .41 feet along the center of the river;
thence departing the center of the river Nc rth 430700" East 1051.68
feet to the Sou-hwesterly right-of-way line of the County Road;
thence North 49'56' 00' West 554 . 84 feet along said right-of-way line;
thence North 46131' 15" West 606 .52 feet along said righ_-of-way line;
thence -North 46043' 00" West 272 .34 feet more or less, along said
right-cf-way line to the Northerly line of said Lot 13;
thence departing said right-of-way line 'nest 532 .46 feet, more or
less, along the Northerly line of said Lot 13 and along the Southerly
line of Lot 11 of said Section 8 to the Southwest corner of said Lot
11;
thence North 119. 96 feet along the West line of said Lot 11;
thence departing said West line North 86128' 37" West 672 .17 feet to
the center of the river;
thence South 28049' 07" East 211.41 feet along the center of the river;
thence South 32054'19" East 215 .70 fret along the center of the river;
thence South 45004,37" East 116 .00 feet along the center of the river;
thence South 44042100" East 144 .52 feet along the center of the river;
thence South 51047100" East i58.24 feet along the center of the river;
thence departing the center of the river North 7200044" East 299.55
feet;
thence South 47054100" East 839.15 feet;
thence South 41027,37" West 134 .40 feet to the point of beginning.
FIRST AMERICAN TITLE INSURANCE COMPANY
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