HomeMy WebLinkAboutbocc.res.011.2015RECEPTION#: 618839, 04/09/2015 at
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1 OF 9, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING
FOR GSS PROPERTIES LLC BY GRANTING ACTIVITY ENVELOPE AND SITE PLAN
REVIEW APPROVAL FOR DRIVEWAY ALTERNATIVE D, SITE PLAN REVIEW
APPROVAL FOR A SINGLE FAMILY RESIDENCE, AND SPECIAL REVIEW AND GMQS
EXEMPTION FOR A TDR RECEIVER SITE
Resolution No.61( -2015
RECITALS
1. GSS Properties LLC ("Applicant") applied to the Board of County Commissioners ("BOCC") to
obtain approval of a Site Plan for two alternative driveways (Alternatives F and G) and a single
family residence and associated development, and Special Review and GMQS Exemption for a TDR
receiver site.
2. The parcel is located on the north side of Woody Creek Road, and is more specifically described in t
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 the activity envelope for the
residence complied with the Code, but that the driveway envelope (Alternative A) contained slopes
in excess of 45%, where development is prohibited by Sec. 7-20-20(b) of the Land Use Code
("Code"). The BOCC subsequently found that a taking had occurred as a result of the denial, and
remediated the taking by approving Activity Envelopes for the residence and driveway, pursuant to
Resolution No. 099-2011. The Activity Envelope Plan was recorded in Plat Book 102 at Pages 55-57.
The Protective Covenants restricting the property against further subdivision into smaller lots was
concurrently recorded as Reception 4597704.
5. The Applicant submitted a Site Plan Review application for the driveway within the approved Driveway
Envelope (Alternative F). The BOCC denied the application, pursuant to Resolution No. 070-2013.
6. The Applicant then submitted a Site Plan Review application for a driveway across the adjacent
Holloway property (Alternative G). In addition the Applicant requested 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. The BOCC denied the
application, pursuant to Resolution No. 102-2014, finding that the driveway crossed slopes in excess
of 30% and 45%, where development is prohibited by Secs. 7-20-20(b) and (c) of the Code.
7. The Applicant submitted requests for takings determinations pursuant to Sec. 2-40-150 of the Code
to determine whether the BOCC's denial of the applications constitutes a taking of private property
without just compensation.
8. The BOCC considered the takings requests at a regular meeting on September 10, 2014, at which time
further evidence and testimony were presented with respect to the taking.
Resolution No.d$t -2015
Page 2
9. The BOCC determined that a taking had occurred pursuant to Sec. 2-40-150(d) of the Code, based on
the following findings:
A. No driveway can access the activity envelope on the tipper bench of the property directly from
Woody Creek Road without encroaching on slopes in excess of 30%.
B. The driveway across the Holloway property (Alternative G) cannot access the activity envelope
on the upper bench of the property.without encroaching on slopes in excess of 30%, and cannot
be built to comply with current driveway standards within the access easement on the Holloway
property.
C. Consistent with the findings made in Resolution No. 099-2011, the activity envelope is the best
possible location on the property for development, based on the following:
1) The activity envelope contains slopes of less than 30%.
2) The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7-
20-60(c) of the Code.
3) The parcel is within elk and mule deer winter range, where development is permitted, subject to
mitigation.
D. The denials constitute a taking of all reasonable use and economic return on the property.
10. The BOCC further finds that Driveway Alternative D is the appropriate alignment, since it minimizes
impacts on the wildlife movement corridor within the draw to the southeast of the activity envelope;
minimizes visual impacts to the extent feasible; complies with the County's driveway standards for
width and grade, which accommodates emergency vehicle access; and daylights on the mesa within
the buildable portion of the Activity Envelope.
1 i. The BOCC further finds that the use of one additional TDR on the site to develop up to 8,250 square
feet of floor area is appropriate and complies with the special review criteria, as the additional floor
area is consistent with the intent of the zone district, compatible with surrounding residential
development, and in harmony with the surrounding area, and would not endanger the public health,
safety or welfare, or injure the value of adjacent properties. While the use of TDRs for additional
floor area is not contemplated in the 1987 Down Valley Comprehensive Plan or the 1991 Woody
Creek Master Plan, the Woody Creek Caucus District Planning Commission has no objections to the
application. The BOCC acknowledges and accepts the Applicant's commitment to submit two TDRs to
obtain 2,500 square feet of floor area, where the Code only requires one TDR to obtain 2,500 square
feet of floor area.
12. The BOCC further finds that the Site Plan complies with the applicable provisions of the Code as
follows:
A. The proposed development is consistent with the criteria for development within the Scenic
View Protection Area. The residence will have limited visual impact as seen from Highway 82,
as it will be at a distance of approximately 1.5 miles from the highway. The residence will be
visible from portions of Woody Creek Road to the west of the property, but 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. The residence will
not break a ridgeline as seen from Highway 82 or Woody Creek Road.
Resolution No. Of/ -2015
Page 3
B. The proposed residence is within the approved Activity Envelope. The Applicant has further
committed to designate the eastern portion of the envelope as "Non -Buildable Area." Buildings
or structures will be restricted to the western half of the envelope, while development on the
eastern half of the envelope will be limited to the well, on-site wastewater treatment system,
landscaping, pasture and agricultural activities.
13. The BOCC considered the remediation at regular meetings on October 22, 2014 and February 25,
2015, at which time the conditions of approval for the remediation were accepted.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the GSS Properties
LLC Site Plan Review for a driveway, pursuant to Resolution No. 070-2013, constitutes a taking
pursuant to Sec. 2-40-,150 of the Pitkin County Land Use Code.
BE IT FURTHER RESOLVED by the BOCC that the denial of the GSS Properties
LLC/Holloway Site Plan Review for Driveway and Special Review and GMQS Exemption for a TDR
Receiver Site, pursuant to BOCC Resolution No. 102-2014, constitutes a taking pursuant to Sec. 2-40-
150 of the Pitkin County Land Use Code.
BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the takings by
granting approval, 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 conditions of this approval shall replace the conditions of Resolution No. 099-2011.
3. Prior to submission of any building or other development permit applications, the Applicant shall be
required to submit for approval by the County Attorney and Community Development Director a Site
Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1.2
The above referenced approvals shall be a condition precedent to finalization and recordation.
4. The parcel is exempt from growth management for up to 5,750 square feet of gross floor area. At
building permit application for the new residence, 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 8,250 square feet of floor area.
5. With the building permit application for the single family residence, the Applicant shall:
A. Provide proof of an adequate water supply (in terns of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
B. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the. total
development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State
Stormwater Permit. All historic and natural drainage patterns shall be maintained.
C. Submit a construction management plan for review and approval by Planning/Zoning.
D. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
E. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed.
F. Submit a lighting plan.
Resolution No.6L� -201.5
Page 4
6. Prior to issuance of a building permit for a single family residence, the Applicant shall:
A. Obtain an on-site wastewater treatment system permit from the Environmental Health and Natural
Resources Department.
B. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable.
C. Pay the applicable road and housing impact fees.
D. Obtain a driveway/access permit, which shall be approved by Planning/Zoning and the Aspen Fire
Marshal. With the pennit application, the Applicant shall provide written approval from the
Salvation Ditch Company to cross the Salvation Ditch siphon. The permit application shall depict
the grading and vegetation removal required to achieve the required lines of sight from the
driveway based on the standards for motorists travelling at a 30 MPH speed. To preserve the
integrity of the wildlife movement route at the lower end of the driveway to the maximum extent
possible, the Applicant shall implement the following measures:
1) Provide a minimum 30' gap in the retaining walls within the draw to allow wildlife
movement.
2) Maintain the slope up to the Level Ditch to the extent possible to provide screening.
3) Utilize surface swales for stonmvater detention with a minimum of 24" of soil and sufficient
vegetation to resist significant disturbance by animals.
4) Place stormwater retention features as far to the west side of the draw as possible without the
need for retaining walls.
5) Restore disturbed areas with plant materials that emulate existing, naturally occurring
vegetation (narrowleaf cottonwood, quaking aspen, mountain big sagebrush, Saskatoon
serviceberry and rabbitbrush).
E. Obtain a County Right -of -Way Work Perin it for the development within the road right-of-way,
including a portion of the driveway and grading and vegetation removal to provide the required
sight distance.
7. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the activity envelope and instalfconstruction fencing around the perimeter of the
envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the
residence.
8. If human bones are found during the construction of the driveway, the bones shall be given to the
Vagneur family.
9. Within 60 days of completion of construction of the driveway as evidenced by a final inspection by
Community Development, the Applicant shall vacate the access easements referenced in the deeds
recorded as Reception Nos. 113671 and 122774.
10. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch
gates, construction parking and staging, vegetation removal or disturbance, well or septic system, shall
occur outside of the approved activity envelopes, except to comply with the required wildfire
mitigation. Utility and driveway extension and maintenance shall occur within the approved activity
envelopes.
Resohdron No. -2015
Page 5
1 I. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Plant vegetation on the uphill side of the buildings to screen the activity and disturbance
associated with the residence from the winter range above. "File screening shall consist of
evergreen type trees 12-16 feet in height.
C. Provide waste storage that complies with the County Code regarding bear -proof containers.
D. Dogs shall be kenneled within 50' of the residential buildings or leashed under human supervision
when outside a required kennel.
E. Avoid fruit -bearing trees and shrubs in any landscaping.
F. Construction workers shall be prohibited from bringing dogs on-site during construction.
G. All outside doors shall utilize only solid round handled door knobs unless another type is required
by the applicable building code for disabled accessibility purposes.
H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds.
1. Fencing is prohibited outside of the activity envelope. Fencing within the activity envelope shall
comply with the following, with the exception of fencing to retain livestock, kennel dogs, or to
protect gardens in the immediate vicinity of the residence, as shown on the Site Plan. All
existing fencing outside of the Activity Envelope shall be removed, prior to issuance of a
Certificate of Occupancy for the residence.
I ) Mesh or woven wire fences are prohibited.
2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
3) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
J. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
K. Horse hay shall be fenced with 8' mesh game proof fencing to minimize game damage conflicts.
L. Horse grazing shall be limited to the area below the Salvation Ditch.
M. If a caretaker dwelling unit is requested and approved in the future, the caretaker unit shall be
attached to the principal residence or may be detached, subject to review and recommendation by
the Colorado Parks and Wildlife.
12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access, adequate area for turning around of fire equipment,
installation of an approved fire sprinkler system and provision of an adequate water supply for
firefighting.
13. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
Resolution No. Ot'/ -2015
Page 6
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around the stricture.
3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall not
exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel.
4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10
feet above the ground and ladder fuels from around trees and brush shall be removed.
5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between
the edges of the crowns.
6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
7) The density of fuels within a 100 foot perimeter of the structures shall be reduced.
8) All deadfall up to a 100 foot perimeter shall be removed.
9) No new conifer trees shall be planted within 10 feet of a residence.
10) No flammable mulches shall be placed within two feet of a residence.
1 1) The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B. Roofing Materials: Roofs shall be constricted with a Class A roof covering or a Class A assembly
as defined in the building code. Wood shake/shingle roof coverings are prohibited. Roofs with
less than a 3:12 pitch are not permitted unless they comply with the following:
1) All roof coverings shall be constructed of non-combustible materials 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 debris. Protrusions above the
roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the approved building code 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 application.
C. Additional wildfire mitigation standards:
1) Roof vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum.
2) Roofs and gutters shall be kept clear of debris.
3) Yards shall be kept clear of all litter, slash, and flammable debris.
4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
5) Swimming pools or ponds shall be accessible to Fire Department vehicles, if required.
6) Fences shall be kept clear of brush and debris.
7) Wood fences shall not connect to the structure.
Resolution No. At -2015
Page 7
8) Fuel tanks shall be installed underground with an approved container.
9) 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 above -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.
10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed
in a visible and accessible location.
11) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
12) New utility lines shall be buried within the driveway.
14. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one
growing season of the project's completion.
15. The Applicant shall comply with the County's Noxious Weed Management Plan.
16. The exterior of the residence shall utilize earth tone materials or colors that are indigenous to the site
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. Driveway lighting is prohibited and all
other lighting shall comply with the lighting code.
17. Retaining walls shall be constructed with earth -colored materials similar to the surrounding natural
landscape: materials shall be reviewed and approved by the Community Development Department.
Retaining walls greater than 4 feet in height shall be supported by appropriate engineering. The
retaining walls required for the driveway are approved to exceed 7' in height as shown on the Site
Plan.
18. No development in excess of 30" above or below natural grade shall occur within the setbacks of the
lot, with the exception of driveways and associated retaining walls as shown on the Site Plan and
fencing. Landscaping in the form of berms within the setbacks shall not exceed four feet from the
most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
19. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
20. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
21. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
February 25, 2018.
Resolution No. K-201 d
Page 8
0
APPROVED AND ADOPTED on the 25`x' day of February, 2015.
PUBLISHED AFTER ADOPTION FOP VESTED REAL PROPERTY RIGHTS in the .
Aspen Times Weekly on the p" day of &ft / '2015.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By !]tbjt4^ P-
Steven F. Child, Chair
IMM U ceo
Jones, Clerk to t
BOCC
VED AS TO CONTENT: APPROVED AS TO FORM:
_.-4
� C
Cindy P ouben
Community Development Director
Case 4s P032-13 and P055-14
PID 9264315100021
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 1A 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 Pitkiri 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 comer.ofseld 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 U -091 -E 608.7 feet along Northerly, line _of County Road;
N 89723' 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.
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