HomeMy WebLinkAboutbocc.res.079.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,APPROVING THE CHAPARRAL ASPEN AFFORDABLE HOUSING
SUBDIVISION CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, SPECIAL REVIEW
AND GMQS EXEMPTION
Resolution No.07f -2002
RECITALS
1. Woody Creek Ventures LLC("Applicant")has applied to the Board of County
Commissioners of Pitkin County, Colorado("BOCC")to further subdivide Homestead 11 (the"Common
Parcel")to create two separate affordable housing parcels(total of 1.877 acres)in order to construct the
affordable housing units specified in the Braun Ranch Settlement Agreement("Settlement Agreement")that
was approved pursuant to BOCC Resolution No. 158-2001. Approval is requested for Subdivision
Conceptual Submission, Special Review for duplex dwelling units,and 1041 Hazard Review to establish a
building envelope for the affordable housing project. The BOCC approved the GMQS Exemption for the
eight deed restricted category affordable housing units as part of the Settlement Agreement. TheApplicant
has also applied to rezone the affordable housing parcel from RS-20 to AH.
2. The property is described as Homestead 11,Chaparral Aspen.
3. Homestead 11 contains 62.091 acres and is zoned RS-20/PUD.
4. The Pitkin County Planning and Zoning Commission considered the application at a regularly
scheduled meeting on March 5,2002, and recommended denial by a vote of 5-0.
5. The BOCC considered the application at a duly noticed public hearing on April 24,2002, and at a
public meeting on May 8,2002.
6. The BOCC further finds that the application is consistent with the provisions of the Settlement
Agreement,which anticipated development of affordable housing in this location, and did not make any
provision for alternatives to on-site housing, and,therefore,that denial of the application would violate
the terms of the Settlement Agreement.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby approves the Chaparral
Aspen Affordable Housing Subdivision Conceptual Submission, 1041 Hazard Review, Special Review and
GMQS Exemption, subject to compliance with the following conditions,which shall run with the land
and be binding on all successors in interest:
1. The Applicant shall submit the final plat application to the Community Development Department
within one year of date of this approval.
2. The Applicant shall comply with conditions A 10-12 in Exhibit C of the Settlement Agreement,
which was approved by BOCC Resolution No. 158-2001 (attached as Exhibit A to this Resolution).
3. With the Final Plat application,the Applicant shall provide the following in addition to the
submission requirements listed in Section 5-40 of the Code:
A. Draft Improvements Agreement that complies with the provisions of Section 3.180 of the
Code,and includes the following:
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1) Detailed phasing plan,which shall include deadlines for completion of construction.
2) Construction Management Plan, for review and approval by the County
Engineer. The plan shall address the following at a minimum:
a) The location of the staging, material storage areas,worker parking and
any temporary project office buildings(if allowed). If the staging areas
will change as different phases of the project are undertaken,then the
plan(s) should be consistent with the phasing plan. Note: There is no
parking;allowed on County roads.
b) Provide for the building envelope and staging area(s)to be delineated
with orange construction fencing, prior to commencement of
construction. Fencing shall remain in place until issuance of a Certificate
of Occupancy.
c) Show any internal temporary access or haul roads.Note: there are no
temporary access permits allowed for County Roads.
d) List the permits required for the work anticipated, and include the date
the permit was obtained, in whose name, length of the permit, and the
location of the permit, along with any conditions(must be on site at all
times). It is the responsibility of the applicant to acquire any and all
federal, state and local permits required for the work.
e) Specify that no work or encroachment,parking, staging, storage of
material or other access to the Regional Transportation Authority right of
way or the Pitkin County Open Space and Trails Rio Grande Trail shall
be allowed for any reason without the written approval of the respective
agencies. The applicant will be responsible for all employees,
contractors, sub-contractors and utility company's working on or
providing services to the development.
0 Revegetation plan. Any areas that are disturbed in initial phase of
construction that are to be planted and revegetated in later phases shall be
temporarily seeded. This will provide for dust and erosion control until
final planting can take place.
3) An overall site drainage and erosion control plan that will address all proposed
development, including the AH units, access road and parking areas. The plan shall
include any required calculations, locations and sizes of culverts,end sections and
other related features.
4) An overall fugitive 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 property and to prevent mud and debris carryout on county roads.
B. Draft Protective Covenants,which shall incorporate the following:
I) All conditions of this approval and the applicable provisions of the Settlement
Agreement.
2) A weed management plan that shall be reviewed and approved by Land
Management.
3) Specify that the exterior of the buildings shall be finished in earth tones,which
blend with the colors of the natural surrounding environment,thatdark colored
roofs be utilized,that reflective surfaces are prohibited, and that building height
is restricted to two stories.
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C. Draft deed restriction for the units,which encompasses the provisions specified in the
Settlement Agreement.
D. Will serve letters from utility companies.
E. Amend the draft plat to eliminate further encroachments into the 30% slope.
F. Floor plans and elevations of the proposed units. The units shall comply with the
minimum net livable square footage required by Aspen/Pitkin County Affordable
Housing Guidelines.
4. Prior to recordation of the final plat,the Applicant shall obtain approval of the augmentation plan
from the Water Court.
5. Concurrent with recordation of the final plat,the Applicant shall deed restrict the affordable housing
units in perpetuity to the APCHA,subject to the price terms as defined in the Aspen/Pitkin County
Affordable Housing Guidelines in effect at the time of building permit issuance. The deed restriction
shall require that all tenants qualify under the Guidelines. In addition,the deed restriction shall
provide that the Applicant shall be permitted to limit the initial and all future rental or sales of the
deed-restricted, affordable housing units to employees of the Ranch provided that the employee
meets the qualification criteria contained within the Aspen/Pitkin County Affordable Housing
Guidelines, including minimum occupancy. In the event that no employee(s)of the Ranch
qualifies for the deed-restricted unit(s),the unit(s) shall be placed in the Aspen/Pitkin County
Housing Office's open lottery system.
6. Prior to submission of septic or building permit applications,the Applicart shall provide
documentation of adequate quality and quantity of water to the Environmental Health Department.
7. Prior to submission of any building permit applications for the project,the Applicant shall:
A. Obtain approval of a State Site Application forthe septic system.
B. Obtain an Access/Driveway Development Permit for the access road,which shall be
approved by the County Engineer and shall comply with all applicable requirements.
C. Work with the Environmental Health Department to produce a PM10 mitigation plan
containing specific, enforceable control measures and documenting that the proposed
mitigation measures will fully mitigate for all PM10 increases caused by the
development.
8. The Applicant shall submit a detailed grading plan for Homestead 1 IA in conjunction with the
access and building permit applications for Homestead 11B to specify where on Homestead 11A
the excavated material will be relocated.
9. Prior to submission of a building permit application for each affordable housing unit,the Applicant
shall obtain a fireplace/woodstove permit from the Community Development Department, if
necessary.
10. Prior to issuance of any building permits,the Applicant shall:
A. Pay the applicable road impact fee.
B. Make a cash payment of$800 in lieu of dedicating land to the Aspen School District.
C. Make a cash payment of$5,400 to the County in lieu of dedicating land for
parks/recreation/open space.
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11. Prior to commencement of construction, construction fencing shall be installed around the building
envelope to prevent any unnecessary vegetation disturbance during construction.
12. All development shall comply with the following wildfire mitigation standards:
A. Roofs shall have a non-combustible roof covering on a Class A assembly. Wood
shake/shingle 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:
1) 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 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 Marshal prior to submittal of a building permit applicafon.
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. Fences shall be kept clear of brush and debris.
G. Wood fences shall not connect to the structure.
H. Fuel tanks shall be installed underground with an approved container.
1. 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 abovo
ground 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.
J. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
K. Addresses shall be clearly marked with 2 inch 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.
L. Utility lines shall be buried within or along roadways.
13. The project shall comply with all of the codes and requirements of the Aspen Fire Protection
District, including installation of automatic fire sprinkler systems, providing required fire flow,
hydrants, adequate access and a turnaround.
14. All development shall comply with the following wildlife mitigation measures:
A. Install and use approved bear proof garbage containers as specified in BOCC Ordinance No.
010-2001.
B. Avoid fruit-bearing trees and shrubs in any landscaping due to the high level of black
bear activity in this area.
15. No development, including grading,excavation,fill placement, landscaping,vegetation removal or
disturbance,well or septic system, shall occur outside of the approved building envelope,except to
install the access road as shown on the Final Plat.
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16. Native vegetation shall be utilized to revegetate areas outside of the building envelopes that are
disturbed by construction of access,no later than one growing season after completion of
construction.
17. The Applicant shall comply with the County's lighting regulations.
18. The Applicant and the Aspen Pitkin County Housing Authority("APCHA") shall each waive the
right to seek a judicial partition of the assets of the limited liability company which owns the
affordable housing project,or to seek judicial partition of the real property if the Applicant and
APCHA own the project as tenants in common. This provision shall be included in the Protective
Covenants of the subdivision and the bylaws of the limited liability company.
19. The Applicant shall adhere to all material representations made in the application or in public
meetings.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 131h day of April,
2002.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 24th day of April,
2002.
APPROVED AND ADOPTED AFTER SECOND READING on the 8th day of May,2002.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of— J,
2002.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By �—AMki� -1 a44W
ATTEST: Patti Kay
-Clap r, Chair
Date
y e R. ean, Jerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
-;�a kAiQ C �4 �C
John Ely, Co orney Cindy Houben,Community Development Director
PID 2643094010111;P189-01
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7. Prio commencement of infrastructure and utilities,the Applicant shall prepare and submit
to the ty Engineer for review and approval a Construction Management Plan that shall
include a c truction traffic management plan addressing off-site impacts of construction
traffic, delive and parking requirements for contractors and equipment, as well as
construction tra ignage and control.
8. Prior to submission of permits for the development, the Applicant shall submit an
application for an access pe 't for the common road improvements to the County Engineer
for review and approval,include the new entry off River Road in the vicinity of the Gravel
Pit. The access permit shall inclu lans and profiles of all of the proposed internal road
improvements which will be consiste with previous recommendations of the County
Engineer. All road improvements shall co ly with the standards and requirements of the
County and the Aspen Fire Protection Distric , d shall be completed prior to issuance of
building permits for any new residential dwelling its on the Braun Ranch.
9. Prior to submission of any earthmoving permits for the deve ment,the Applicant shall:
a. Submit an overall fugitive dust control plan for revie d approval by the
Environmental Health Department.The Plan shall include meas to insure that dust
does not become a nuisance or blow onto adjacent property.
b. Submit a detailed grading,drainage and erosion control plan for review and ap val by
the County Engineer. Said Plan shall address at a minimum sedimentation c rol
during grading and construction activities, and on-site retention.
10. Within 60 days after recording a Subdivision Exemption Plat and 1041 Hazard Review site m
plan for the Main Ranch Parcel, Applicant shall file an application for the subdivision and m
rezoning of the Affordable Housing Site on Lot 11 (as defined below)from RS-20 to AH and 00 � N 6
for subdivision approval in order to create a separate lot or lots for the development of 8 OD N 6
affordable housing units and to accommodate the subsequent rental or sale of those units to CID a `
qualified tenants or purchasers. The application shall contain all information required by the e m
Pitkin County Land Use Code and the "Housing Guidelines" of the Aspen/Pitkin County m
Housing Authority(the"Housing Authority")including a site plan,parking and access plan �m
and floor plans for four 3-bedroom single family dwelling units and four 2-bedroom dwelling o:
units in duplex configuration. The Applicant shall execute an acknowledgment that the
application for rezoning and subdivision cannot be withdrawn and a consent to its approval
as submitted. The BOCC shall be entitled to impose reasonable and customary conditions
on any such approval with the consent of the Applicant, which consent will not be z
unreasonably withheld. Ownership of the 8 dwelling units will be transferred upon
completion to a Colorado limited liability company in which the Housing Authority will be Y
issued have the option to acquire an undivided 1/10 of 1% membership interest. The
purchase price for the membership interest will be 1/10 of 1% of the estimated cost to .�
construct the eight units as reflected in the Development Agreement referred to in paragraph
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AA.b., above. Ownership, operation, rental and resale of the units will be governed by an
affordable housing deed restriction to be executed by the owner of the 8 units and recorded
prior to the issuance of any building permit and also by the terms and conditions of an
Operating Agreement among the members of the ownership entity both of which shall
incorporate or provide for certain operating principles as set forth in the proposal attached
hereto and incorporated herein as Exhibit 2 to these Conditions of Approval. It is the intent
and understanding of the parties that the provision of Affordable Housing, as stated herein,
is an essential component of this Settlement Agreement. Accordingly, the BOCC and the
Applicant, for themselves,their successors and assigns,waive any right that they may have
now or in the future to challenge the affordable housing deed restriction on the grounds that
it violates the provisions of CRS §38-12-301. Furthermore, neither the BOCC nor the
Applicant shall undertake or support any legal action which would or could have the effect
of invalidating the affordable housing deed restriction on those grounds. This restriction
shall apply to any and all successors and assigns of the Applicant in ownership of the
affordable housing units to be developed pursuant to this provision and to the BOCC,
APCHA or any other party to or beneficiary of the affordable housing deed restriction. In the
event of any legal action in contravention of this provision, the parties acknowledge that
there may not be an adequate remedy at law and that the non-breaching party shall be entitled
to assert this provision in support of and to obtain injunctive or other equitable relief to
prevent the breaching party from asserting a violation of CRS §38-12-301.
11. Subject to rezoning and subdivision as provided in paragraph 10 above, Applicant shall
construct affordable housing containing at least 20 bedrooms in the following configuration:
four 3-bedroom single family units and four 2-bedroom units in duplex configuration.
Except for the Ranch Manager's unit, the affordable housing will be constructed in the m
abandoned gravel pit along the westerly boundary of the Main Ranch Parcel, adjacent to the m
Denver and Rio Grande right-of-way(the"Affordable Housing Site").The Ranch Manager's CO '"m
OD o m
unit will be constructed in the vicinity of the Common Facilities as described in Paragraph co r N m
A.3, above. The Ranch Manager's unit shall be restricted to category 4 rental rates and/or OD
sale prices as specified in the Housing Guidelines and the remaining employee dwelling units W C
shall be restricted at a minimum to the Category 3 rental rates and/or sale prices as specified a m
in the Housing Guidelines. Floor plans of the units shall be provided to the Housing Office �m
prior to issuance of building permits. Except for the Ranch Manager's Units, the employee .�
dwelling units shall be limited to a maximum of 1,500 net liveable square feet each. The
Ranch Manager's Unit shall not exceed 3,000 net livable square feet.
U
12. Within two years after recordation of the Plat, the Applicant shall have completed
construction of and obtained a certificate of occupancy for the Ranch Manager's Unit on the
Common Parcel. The remaining affordable housing units shall be completed prior to or in
conjunction with construction of unrestricted dwelling units. At least one of the restricted
units shall be completed and the certificate of occupancy shall have been issued prior to the
certificate of occupancy for each of the unrestricted units until such time as all restricted units
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have been completed, provided,
p , p , however, that all restricted units shall be completed and
certificates of occupancy shall have been issued no later than September 13, 2005.
13. Pnor to submittal of an ISDS permit for each lot,the owner shall provide documentation of
equate quality and quantity of water from a well to the Environmental Health Department.
e well must be located within a building or development envelopes. Well sharing shall
be lowed.
14. For all is that are Receiver Sites for transferable development rights ("TDRs") and prior
to submi 'on of any building permits, each lot owner shall submit an executed Irrevocable
Certificate TDRs and a recorded deed or other assignment evidencing the sale or transfer
of the Certifi to to the lot owner. The number of Certificates required for each designated
Receiver Site s 11 be based on the floor area of the residential structure to be constructed
thereon, includin additions following initial construction. The first Certificate shall allow
5,000 sq. ft. and ch additional Certificate shall allow 2,500 sq. ft.. As provided in
Paragraph A.1, abov the first 4,000 sq. ft. of sub-grade floor area, the first 750 sq. ft. of
above grade garage spa as well as certain decks,porches and overhangs may be constructed
without the necessity of taining a Certificate. The foregoing square footage "value" of
Certificates shall be effecti e during the vested rights period as described in Paragraph C,
below,and thereafter unless ch value is revised by amendment to the Pitkin County Code.
15. Prior to building permit applicati , the owner of each lot shall:
a. Obtain approval of an ISD ` ermit from the Environmental Health Department.
Septic systems shall be locat' within the approved building or development
envelopes and must comply h the setback requirements from surface and m
groundwater sources. A qualified ofessional engineer must design the system. c, m
OD omm
OD b. Obtain a fireplace/woodstove permit fr the Community Development Department. � N c
C CD
vidual veway,which shall be approved by the
C. Obtain an access permit for each indi a m
County Engineer. Driveway shall be located 'thin the driveway corridor designated m
on the Plat. If the driveway exceeds 30 inches Bove or below natural grade within
the setbacks, the owner shall submit and the Bo d of Adjustment shall consider a
variance application prior to issuance of the acces ermit.
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d. Submit a site specific drainage plan for review and appr al by the County Engineer.
Said plan shall address positive grading away from the idence, diversion of up-
slope water from the building site, and on-site detention flows from roofs and
2
other impervious surfaces. �F
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e. Submit a fugitive dust control plan for review and approval by t Environmental
Health Department. Cr
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