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Home My WebLink Aboutpitkin.planning.273514201007 (2016) RECEPTION#: 635794, 01/31/2017 at 10:47:39 AM, 1 OF 2, R $0.00 Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,ALLOCATING 2016 URBAN GROWTH BOUNDARY RESIDENTIAL GMQS ALLOTMENTS FOR NEW LOTS AND PARCELS Resolution NoI&3-2017 RECITALS I. On December 13,2016,the Planning and Zoning Commission("Commission")held a duly noticed public hearing at which time evidence and testimony was presented with respect to Urban Growth Boundary growth management applications. 2. The Commission reviewed the following applications for the 2016 Urban Growth Boundary Residential GMQS competition for new lots and parcels: • Doremus: Requesting 5,750 square feet of gross floor area for a single family residence on a new lot The Applicant is also requesting Subdivision Conceptual Submission and Activity Envelope approval. The property is located at 85 Glen Garry Drive and is described as Block I, Lot I5 of the Aspen Highlands Subdivision,plus the Baldwin Tract. • 501 Buttermilk LLC: Requesting 10,750 square feet of floor area for a single family residence on a new lot. The Applicant is also requesting Subdivision Conceptual Submission and Activity Envelope approval. The property is located at 501 West Buttermilk Road and is legally described as a tract of land located in Government Lots 17,18, 19,20,and 21 in Section 3, Township (0 south,Ranch 85 West of the 6h P.M. 3. There are 23,000 square feet available in the Urban Growth Boundary for the 2016 residential GMQS competition for new lots and parcels. 4. The Commission gave the Doremus application a score of 16 points which exceeds the threshold of 13 points;therefore,the lot is eligible for the requested development allotment. 5. The Commission continued the 501 Buttermilk LLC application to January 3"',2017. 6. Pursuant to Section 2-40-40(c)of the Land Use Code,the Commission's scores for the Doremus application were forwarded by resolution to the Board of County Commissioners("BOCC")at a regular meeting on December 21,2016. 7. No appeals to the scoring have been filed within the required time frame. NOW,THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate 5,750 square feet of gross floor area to Lot 2 of the Doremus Subdivision as a result of the 2016 Urban Growth Boundary Residential GMQS competition for new lots and parcels. This allocation is conditioned upon recordation ofa covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by the Community Development Department and recorded against the property,prior to issuance of building permit to utilize the awarded floor area RECEPTION#: 635799, 01/31/2017 at 10:47:39 AM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO Rerahnion Na.Me-2072 Page 2 APPROVED AM)ADOPTED ON THE 11th DAY of JANUARY,2017. BOARD OF COUNTY COMMISSIONERS OFF TKIN COUNT ,COLORADO ATTEST: Georrge etyma Chair Date I ftz//; 1 l#1tte Jones De.l ty County Cle APPROVED AS TO FORM: APPROVED AS TO CONTENT: John - Cindy Houten, unrytterficy Community Development Director • P066-16 273514201007 Id I Old [I];71 111114 TO: Board of County Commissioners Regular Meeting — March 8, 2017 THRU: Cindy Houben, Community Development Director FROM: Tami Kochen, Planner RE: Doremus Subdivision Conceptual Submission, Planned Unit Development (PUD), Rezoning, and Activity Envelope Review, 2" d Reading SUMMARY: The Applicant is requesting conceptual subdivision approval to subdivide the property into two lots, to rezone the subdivision with a PUD overlay in order to vary setbacks, lot size, and preserve open space, and to establish an Activity Envelope on the new lot (lot 2), and amend the Activity Envelope on the original lot (lot 1). The BOCC granted a growth management allotment of 5,750 square feet of gross floor area for a single family residence on the newly subdivided lot (lot 2), pursuant to Resolution No. 03-2017. The BOCC approved the application on first reading on February 8, 2017. APPLICANTS: Andrew and Jeanne Doremus REPRESENTATIVE: Glenn Horn LOCATION: 85 Glen Garry Drive; Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract; within the Urban Growth Boundary ZONING/LOT SIZE: The property is zoned R-30 and contains 2.35 acres. BACKGROUND: At first reading, the Board requested clarification on the floor area calculations at second reading. Below is a chart of the proposed floor area breakdown. Glenn Horn has provided a further analysis in Attachment B. The Board also requested to see the proposed Lot 1 Activity Envelope which is provided in Attachment A. Doremus Subdivision Proposed Floor Area Floor Area Exempt Space (Sub-Grade/Garage) Gross Floor Area Lot 1 8,171 4,750 12,921 Lot 2 4,750 1,000 5,750 RECOMMENDATION: Staff and the Planning Commission recommend that the BOCC adopt the following motions: 1. Approve on second reading the Resolution Approving the Doremus Subdivision Conceptual Submission, PUD, and Activity Envelope Review. 2. Approve on second reading the Ordinance Rezoning the Doremus property with a PUD overlay. EVI""4. IO I Biel R; A. Conceptual Site Plan with Activity Envelopes. B. Floor Area Summary Application provided separately ATTACHMENT A POINr OF BEGINNING 6 \ PARCEL 1 / \ OUND RE1BAR Er I" / \ RED PLASTIC CAP (LS2547 g) o %V �,�Lj °� AO C�- ` X8060 KIPS Fo2r DOREMUS SUBDIVISION & PLANNED UNIT DEVELOPMENT LOT 19 -FOUND R£3AR Er 1 " \ ,RED PLASTIC CAR \ LS2547 !ss \ L 09OT 17 z \ rl�o \ 00 \ \ FOUND REBAR & 1-1/4" \ YELLOW PLASTIC CAP \ LS23 76 O Calcf£NJ ♦ FLAGSTONE • W4 LK / \ 8076 MULTI-LEVEL \ sPA FIRAME & \ ® STUCCO \ FLA6SrONE 85 CARRY DRIVE \ / PATIO ASPEN, COLORADO \ \ STEPS \ GROUND L7TIN RAMPOLrN£LOT 4LOT 1 \ ` 70,787± S.F. \ \\ `\ \\ ACTIVITY \ \ ENVELOPE \ FLAGSTONE / \ PATIO \ v 5' WIDE PEDESTRIAN WALKING EASEMENT / \\\\\ LEGEND ❑E ELECTRICAL METER Z Z Opp z ELECTRIC PEDESTAL o CAN PEDESTAL O F GAS METER cO--) POWER POLE z(-) N z �O ELECTRICAL TRANSFORMER QS SANITARY MANHOLE �w O cro pz 000 WOOD FENCE z ❑ ❑ ❑ OE OMI HEAD POWER LINE ( ) RECORD DATA GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. \ LOT 5 \ \ FOUND REBAR 4r 1-1/4" YELLOW PLASTIC CAP ILLEGIBLE N09°01'27"W 50.54' (NO8°56'00"W 50.34) BOULDER RETAINING WALL 1 WOOD RET'AININC,J 1 WALL (TYPICAL) �� $06 V 'Q \ \ o 5% $010 000 L CA2��2T�. 3.c ------------ -OUND REBAR 4r 1-1/4" YELLOW PLASTIC CAP ILLEGIBLE BOOK 191 PAGE 15 ♦ POINT OF BEGINNING PARCEL 2 I -FOUND NO. 5 REBAR 806 0 8070 X01 %= ACTIVITY ENVELOPE II LOT 2 8Zb' 9G5± S.F. 8075 I 80 OS SET REBAR Er 1-1/4" \ YELLOWLASTIC CAP P \ LS38215 \ \ \ \ 080 \ \ 44 \ X A =31'36'26" 8 \ \ ..... 08S 120 12 =150.62' \ I: I� t� \ I� CONCEPTUAL SITE PLAN A PARCEL OF LAND SITUATED IN THE NE I /4NW 114 OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO rO rA L A*/R EA 2.358+ ACRES 102,722± 5.F. LOT 16 rs 0 1 0§ _ ,99 FOUND 1.0' WITNESS REBAR F.r I -1/4" _ ORANGE PLASTIC —20 WIDE CAP LS19598 DRIVEWAY EASEMENT I 3,329+S.F. I I I I / I � h� LOT 15 0 0 / N43°52'31 "W 54.25' (N44"14'00"W 54.50') / \ \ FOUND R£BAR Er 1-1/4" / L =83.09' \ YELLOW PLASTIC CAP / C3= N60°11'47"W \ LS2376 / C =82.04' \ \ SETREBAR Er 1-1/4" \ YELLOW PLASTIC CAP \ (LEN (�A121ZY LS38215 \ / 11DR.IVE / IZNHr-OF-.W\AY) / SITE SLOPE LEGEND 0% TO 15% 15% TO 30% 30% TO 45% GREATER THAN 45% w U ww Z Q Z Z Opp z >OU=1 pwzF- o QpYD za12� a� O F —�dw cn� 2m N 2w a6=w z(-) N z �O °O-2 fr o 10oz zww0 �w O cro pz 000 ��F-x Jw,— dU (7 mO}U Nwaw U O QmX I %Co U ° U-- U t 0 LL. •` GOLF C URSC ZWZ�w D � ILO N 000 W 0 = �yI• W J00 1 o I �o 1-- 0 U ^z LoJ01 ,Q0 � rn� M ,N U = �o U! _ Y r i`• 1_) S4mla1 — r j,t ' o 0 v r0� V d d OIL Z U J IM. IW- -I 0. 5.0' UTILITY EASEMENT ALONG yW ALL LOT LINES W17WIN ASPEN —mfr I Hl(6HLANDS SUBDIVISION DITCH BOOK 2A PAGE 256 RIGHT AND PRIVILEGE TO USE FOR WATER MAINS BOOK 191 PAGE 15 ♦ POINT OF BEGINNING PARCEL 2 I -FOUND NO. 5 REBAR 806 0 8070 X01 %= ACTIVITY ENVELOPE II LOT 2 8Zb' 9G5± S.F. 8075 I 80 OS SET REBAR Er 1-1/4" \ YELLOWLASTIC CAP P \ LS38215 \ \ \ \ 080 \ \ 44 \ X A =31'36'26" 8 \ \ ..... 08S 120 12 =150.62' \ I: I� t� \ I� CONCEPTUAL SITE PLAN A PARCEL OF LAND SITUATED IN THE NE I /4NW 114 OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO rO rA L A*/R EA 2.358+ ACRES 102,722± 5.F. LOT 16 rs 0 1 0§ _ ,99 FOUND 1.0' WITNESS REBAR F.r I -1/4" _ ORANGE PLASTIC —20 WIDE CAP LS19598 DRIVEWAY EASEMENT I 3,329+S.F. I I I I / I � h� LOT 15 0 0 / N43°52'31 "W 54.25' (N44"14'00"W 54.50') / \ \ FOUND R£BAR Er 1-1/4" / L =83.09' \ YELLOW PLASTIC CAP / C3= N60°11'47"W \ LS2376 / C =82.04' \ \ SETREBAR Er 1-1/4" \ YELLOW PLASTIC CAP \ (LEN (�A121ZY LS38215 \ / 11DR.IVE / IZNHr-OF-.W\AY) / SITE SLOPE LEGEND 0% TO 15% 15% TO 30% 30% TO 45% GREATER THAN 45% VICINITY MAP PROPERTY DESCRIPTION STEWART TITLE GUARANTY COMPANY COMMITMENT NO. 01330-83455 EFFECTIVE DATE: JUNE 30, 2016. PARCEL 1: A TRACT OF LAND SITUATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT (BEING SOUTH 39.51' WEST 685.83 FEET FROM THE NORTH 1/4 CORNER SECTION 14) WHICH IS ON SOUTH LINE OF LOT 19, ASPEN HIGHLANDS SUBDIVISION DITCH BOOK 2A, PAGE 256 AND ON THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK BOOK 119, PAGE 40. THENCE ALONG THE SOUTHERN BOUNDARY OF LOT 19 THE WESTERN BOUNDARY OF LOTS 17,16 & 15 AND THE NORTHERN BOUNDARY OF LOTS 5 AND 4, ASPEN HIGHLANDS SUBDIVISION AS FOLLOWS: SOUTH 38'04' EAST 74.36 FEET; SOUTH 54'09' EAST 140.00 FEET, SOUTH 29'45' EAST 50.00 FEET; SOUTH 09'24' WEST 200.00 FEET, SOUTH 57'13' WEST 120.00 FEET; NORTH 38'00' WEST 332.22 FEET TO THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK BOOK 119 AT PAGE 40; THENCE NORTH 39'51' EAST 240.25 FEET ALONG THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK TO THE POINT OF BEGINNING. PARCEL II: A PORTION OF LOT 15, BLOCK 1, ASPEN HIGHLANDS SUBDIVISION RECORDED MARCH 8, 1960 IN PLAT BOOK 2A AT PAGE 256 AS RECEPTION NO. 109384 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE COMMON CORNER BETWEEN LOTS 15 AND 16 ON THE MOST WESTERLY SIDE OF SAID LOTS, BEING THE POINT OF BEGINNING, THENCE SOUTH 57 -05'49 -EAST A DISTANCE OF 79.70 FEET, THENCE SOUTH 18'36'55"WEST A DISTANCE OF 159.77 FEET; THENCE NORTH 44'14'00" WEST A DISTANCE OF 54.50 FEET; THENCE ON A CURVE WHOSE CHORD BEARS NORTH 60'02'12"WEST A DISTANCE OF 82.04 FEET, WHOSE RADIUS IS 150.62 FEET; THENCE NORTH 08'56'00" WEST A DISTANCE OF 50.34 FEET; THENCE NORTH 57'13'00" EAST A DISTANCE OF 120.0 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO NOTES: 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N39'37'40"E BETWEEN FOUND REBARS AND 1" RED PLASTIC CAPS LS2547 AS SHOWN HEREON. 2. DATES OF SURVEY. JULY 13-14, 2016. 3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON ASPEN HIGHLANDS SUBDIVISION RECORDED JUNE 9, 1958 IN PLAT BOOK DITCH 2A AT PAGE 256, MINOR AMENDMENT TO ANDREW AND JEANNE DOREMUS 1041/GENERAL SUBMISSION SITE PLAN PLAT BOOK 40 PAGE 71 AND CORNERS FOUND IN PLACE AS SHOWN HEREON. 5. THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH COUNTRY ENGINEERING, INC. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS—OF—WAY AND/OR TITLE OF RECORD, HIGH COUNTRY ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. 01330-83455 ISSUED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE: JUNE 30, 2016. 6. THE SUBJECT PROPERTY LIES WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE 500—YEAR FLOODPLAIN ACCORDING TO FEMA FIRM MAP COMMUNITY PANEL NO. 08097CO203 C DATED: JUNE 4, 1987. 7. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S 159 HAVING AN ELEVATION OF 7720.88. 8. CONTOUR INTERVAL EQUALS 1 FOOT. 9. THIS PROPERTY IS SUBJECT TO GRANT OF EASEMENT FOR A PERPETUAL AVIGATION EASEMENT RECORDED JULY 8, 1993 IN BOOK 717 AT PAGE 260. w U ww Z Q Z Z Opp z >OU=1 pwzF- o QpYD za12� a� O F —�dw cn� 2m N 2w a6=w z(-) N z �O °O-2 fr o 10oz zww0 �w O cro pz 000 ��F-x Jw,— dU (7 mO}U Nwaw U O QmX U ° U-- U t 0 LL. •` GOLF C URSC ZWZ�w D � ILO N 000 W 0 = �yI• W J00 1 o .. 12� 1-- 0 U ^z LoJ01 ,Q0 O �z U = U! _ Y r i`• 1_) S4mla1 — r j,t ' o 0 v r0� V d d OIL Z U J IM. IW- -I 0. yW —mfr ..,,.� s r -Watef i ai VICINITY MAP PROPERTY DESCRIPTION STEWART TITLE GUARANTY COMPANY COMMITMENT NO. 01330-83455 EFFECTIVE DATE: JUNE 30, 2016. PARCEL 1: A TRACT OF LAND SITUATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT (BEING SOUTH 39.51' WEST 685.83 FEET FROM THE NORTH 1/4 CORNER SECTION 14) WHICH IS ON SOUTH LINE OF LOT 19, ASPEN HIGHLANDS SUBDIVISION DITCH BOOK 2A, PAGE 256 AND ON THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK BOOK 119, PAGE 40. THENCE ALONG THE SOUTHERN BOUNDARY OF LOT 19 THE WESTERN BOUNDARY OF LOTS 17,16 & 15 AND THE NORTHERN BOUNDARY OF LOTS 5 AND 4, ASPEN HIGHLANDS SUBDIVISION AS FOLLOWS: SOUTH 38'04' EAST 74.36 FEET; SOUTH 54'09' EAST 140.00 FEET, SOUTH 29'45' EAST 50.00 FEET; SOUTH 09'24' WEST 200.00 FEET, SOUTH 57'13' WEST 120.00 FEET; NORTH 38'00' WEST 332.22 FEET TO THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK BOOK 119 AT PAGE 40; THENCE NORTH 39'51' EAST 240.25 FEET ALONG THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK TO THE POINT OF BEGINNING. PARCEL II: A PORTION OF LOT 15, BLOCK 1, ASPEN HIGHLANDS SUBDIVISION RECORDED MARCH 8, 1960 IN PLAT BOOK 2A AT PAGE 256 AS RECEPTION NO. 109384 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE COMMON CORNER BETWEEN LOTS 15 AND 16 ON THE MOST WESTERLY SIDE OF SAID LOTS, BEING THE POINT OF BEGINNING, THENCE SOUTH 57 -05'49 -EAST A DISTANCE OF 79.70 FEET, THENCE SOUTH 18'36'55"WEST A DISTANCE OF 159.77 FEET; THENCE NORTH 44'14'00" WEST A DISTANCE OF 54.50 FEET; THENCE ON A CURVE WHOSE CHORD BEARS NORTH 60'02'12"WEST A DISTANCE OF 82.04 FEET, WHOSE RADIUS IS 150.62 FEET; THENCE NORTH 08'56'00" WEST A DISTANCE OF 50.34 FEET; THENCE NORTH 57'13'00" EAST A DISTANCE OF 120.0 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO NOTES: 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N39'37'40"E BETWEEN FOUND REBARS AND 1" RED PLASTIC CAPS LS2547 AS SHOWN HEREON. 2. DATES OF SURVEY. JULY 13-14, 2016. 3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON ASPEN HIGHLANDS SUBDIVISION RECORDED JUNE 9, 1958 IN PLAT BOOK DITCH 2A AT PAGE 256, MINOR AMENDMENT TO ANDREW AND JEANNE DOREMUS 1041/GENERAL SUBMISSION SITE PLAN PLAT BOOK 40 PAGE 71 AND CORNERS FOUND IN PLACE AS SHOWN HEREON. 5. THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH COUNTRY ENGINEERING, INC. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS—OF—WAY AND/OR TITLE OF RECORD, HIGH COUNTRY ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. 01330-83455 ISSUED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE: JUNE 30, 2016. 6. THE SUBJECT PROPERTY LIES WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE 500—YEAR FLOODPLAIN ACCORDING TO FEMA FIRM MAP COMMUNITY PANEL NO. 08097CO203 C DATED: JUNE 4, 1987. 7. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S 159 HAVING AN ELEVATION OF 7720.88. 8. CONTOUR INTERVAL EQUALS 1 FOOT. 9. THIS PROPERTY IS SUBJECT TO GRANT OF EASEMENT FOR A PERPETUAL AVIGATION EASEMENT RECORDED JULY 8, 1993 IN BOOK 717 AT PAGE 260. 7 0 m z Y O < w r - o U a LL U w U ww Z Q Z Z Opp z >OU=1 pwzF- o QpYD za12� a� O F —�dw cn� 2m N 2w a6=w z(-) N z �O °O-2 fr o 10oz zww0 �w O cro pz 000 ��F-x Jw,— dU (7 mO}U Nwaw U O QmX U 7 0 m z Y O < w r - o U a LL U z V Lo z in �. N -0 1h O,0) W ". 00 c z1- ° U-- U 0 LL. c� ZWZ�w D � ILO N 000 W 0 = �yI• W J00 1 0 m NZ0 12� 1-- 0 U ^z LoJ01 ,Q0 O �z U = IL ,x V i`• o 0 v PROJECT NO. 2161721 I OF 'I u O Z Z O D � ILO wm Ld 12� 1-- 0 U OO 00U ,Q0 Wz G~. i`• o 0 v r0� V d d OIL Z U J IM. IW- -I 0. yW PROJECT NO. 2161721 I OF 'I ATTACHMENT B DOREMUS SUBDIVISION & PLANNED UNIT DEVELOPMENT FLOOR AREA ANALYSIS Permitted Floor Area Calculation Square Feet Gross Land Area 102,722 Proposed Driveway Easement Encumbering Lot 2 3,329 Lot Area (Land Area — Driveway Easement) 99,393 R-30 Floor Area Ratio (FAR) .13 Permitted Floor Area in PUD (FAR x Lot Area) 12,921 Proposed Floor Area Lot 1 1 8,171 Lot 2 4,750 Existing Floor Area Lot 12 5,693 Lot 2 0 1- The Applicant has submitted a 2017 residential Growth Management Quota System (GMQS) seeking approval for a carport containing 800 square feet of floor area. If the carport is approved Lot 1 will be improved with 6,493 square feet of floor area (5,693 sf + 800 sf). An additional 1,678 square feet of floor area could be developed subject to Site Plan Review and Scenic Review plus receiving an additional GMQS allotment (8,171 sf— 6,494 sf). 2 — Existing Floor Area as per 2002 Pitkin County Growth Management Quota System (GMQS) Tracking Worksheet which is Attachment 7 of land use application. 3 — Gross Floor Area on Lot 2 is restricted to 5,750 square feet as requested in the residential GMQS land use application. This includes 4,750 square feet of floor area and 1,000 square feet of garage or subgrade space which is exempt floor area (4,750 sf + 1,000 sf). 4 — Gross Floor Area on Lot 1 is restricted to 12,921 square feet. This includes 8,171 square feet of floor area, 750 square feet of garage space and 4,000 square feet of subgrade space which is exempt floor area (8,171 sf + 750 sf + 4,000 sf). There is an existing 750 square foot garage and a limited amount of existing subgrade space. The development of additional sub -grade space would require a residential GMQS allotment. Source: Davis Horn Incorporated, February 2017 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE DOREMUS SUBDIVISION CONCEPTUAL SUBMISSION, ACTIVITY ENVELOPE REVIEW, AND PLANNED UNIT DEVELOPMENT (PUD) Resolution No. -2017 RECITALS 1. Andrew and Jeanne Doremus (hereafter "Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to request Subdivision Conceptual Submission to subdivide the property into two lots, Planned Unit Development (PUD) approval in order to vary setbacks, lot size, and preserve open space, and Activity Envelope Review to establish an Activity Envelope on the new lot (lot 2) and amend the Activity Envelope on the original lot (lot 1). 2. The property is located at 85 Glen Garry Drive and is described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract. 3. The lot is zoned R-30 and contains 2.35 acres, and is located within the Urban Growth Boundary. 4. The BOCC approved rezoning the Doremus property with a PUD overlay, pursuant to Ordinance No. -2017. 5. The BOCC granted a growth management allotment of 5,750 square feet of gross floor area for a single family residence on the newly subdivided lot (lot 2), pursuant to Resolution No. 03-2017. 6. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly scheduled meeting on December 13, 2017, and recommended approval by a vote of 5-0. 7. The BOCC considered the proposed application on first reading at a duly noticed public hearing on February 81, 2017 and on second reading at a regular meeting on March 8"', 2017. 8. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code as follows: A. The activity envelopes avoid all slopes in excess of 30%. B. The wildfire hazard is rated as low, and can be mitigated. C. The lot does not contain mapped or otherwise known wildlife habitat areas protected by the Land Use Code. D. The general layout of the lots, driveways, and structures within the proposed subdivision/PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation, and otherwise accomplishes the purposes and intent of the Land Use Code. E. The Subdivision/PUD is consistent with the Aspen Area Community Plan and the scale of surrounding development. F. The proposed Subdivision/PUD provides areas for common usable open space and preserves more open lands in their natural state than would be required by the underlying zone district. G. The proposed Subdivision /PUD will not result in significant adverse impacts on adjacent properties, or the natural environment. The applicant has committed to an architectural review by Pitkin County at Site Plan Review. Resolution No. -2017 Page 2 H. No road improvements will be required as a result of the subdivision. Current infrastructure exists to serve the new lot and has the capacity to serve the lot. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby approves the Doremus Subdivision/PUD Conceptual Submission and Activity Envelopes, subject to the following conditions, which shall run with the land and be binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter: 1. The Applicants shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. Prior to Detailed Submission/Final Plat application, the Applicant shall: A. Obtain the necessary approvals and permits for the carport and greenhouse on Lot 1 or remove the structures. 3. With the Detailed Submission/Final Plat application, the Applicant shall: A. Provide a draft a covenant restricting the Subdivision/PUD against further subdivision. B. Submit will serve letters from utility companies. C. Provide a draft PUD agreement which shall include the specific uses and activities to be allowed on the Open Space Parcel. The agreement shall also guarantee that the Open Space Parcel shall be protected from future development, be available for use by residents of the subdivision, and shall include provisions for maintenance of the Open Space Parcel. D. Establish an Activity Envelope on Lot 1 encompassing existing development. 4. The following shall be delineated on the Final Plat: A. A driveway easement across Lot 2 to benefit Lot 1. B. A pedestrian easement across Lot 1 to the benefit of Lot 2 to access the Open Space. 5. Concurrent with recordation of the Final Plat, the Applicant shall record: A. An Activity Envelope Plan for Lot 1 and Lot 2 in accordance with Land Use Code Section 2-30- 20(g) and Application Manual Section 2.1.1. The Activity Envelope Plans shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. B. A PUD Agreement 6. Prior to submission of any building or other development permit applications for Lot 1 or Lot 2, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. In addition to the standard requirements for Site Plan Review, the Applicant shall submit architectural plans or models for the development on Lot 2, or the redevelopment of Lot 1 to complete an architectural review pursuant to Sec. 3-70-300). 7. Prior to submission of any building permit applications, the Applicant shall: A. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District. B. Obtain a tap permit and pay the applicable fees to the Aspen Water Department. Resolution No. -2017 Page 3 8. With the building permit application for Lot 2, the Applicant shall: A. Submit an access permit for any improvements to the driveway on Lot 2, which shall be approved by the Planning Engineer and the Community Development Department. B. Submit a fireplace/woodstove permit from the Community Development Department, if necessary. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. D. Submit a construction management plan for review and approval by the Planning Engineer. E. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree mitigation plan. F. Submit a noxious weed management plan. 9. Prior to issuance of any building permits for Lot 2, the Applicant shall: A. Pay the applicable road and employee housing impact fees. B. 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. C. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. D. Make a cash payment of $5,000 to the Aspen School District for transportation planning and related traffic issues. E. Make a cash payment of $15,000 to the Aspen Fire Protection District to assist them in attaining a side-by-side UTV. F. Make a cash payment of $8,000 to the City of Aspen Parks Department for improvements to the Government Trail and Bridge. 10. Lot 1 is approved to develop up to a maximum of 12,921 square feet of gross floor area; 8,171 square feet of floor area; 4,000 square feet of exempt sub -grade space; 750 square feet of exempt garage space. 5,750 square feet of gross floor area is exempt from growth management. The use and approval of transferable development rights (TDRs) or growth management allocations is required to exceed 5,750 square feet and to develop up to 12,921 square feet of gross floor area. 11. Lot 2 is approved to develop up to a maximum of 5,750 square feet of gross floor area; 4,750 square feet of floor area; and 1000 square feet of exempt subgrade and/or garage space. The use and approval of transferable development rights (TDRs) or growth management allocations to exceed 5,750 square feet of gross floor area on the property is strictly prohibited. 12. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: 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 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): Resolution No. -2017 Page 4 1) Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2) All branches from trees and brush within 30 feet of all structures (or to the property line) shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may touch and interconnect, as long as ladder fuels have been removed from beneath trees. 4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least 10' from the house. 5) Up to 5 evergreen trees are allowed within 30' of all structures, but should be limbed to 10' and shall not have any flammable fuels underneath the trees. These trees shall be separated by at least 20', unless clumped together (no more than 3 trees in a clump) in which case the clump shall be separated by at least 30' from another clump or individual tree. 6) No trees shall be within 15' of any window. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 8) All deadfall up to a one hundred (100) foot perimeter or the property line shall be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. 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 roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch 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. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. Resolution No. -2017 Page 5 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 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 two (2) hour fire -resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground. 13. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, and installation of an approved fire sprinkler system. 14. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. 15. No development including grading, excavation, fill placement, berming, landscaping, or vegetation removal or disturbance, shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 16. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 17. 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. 18. 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. Resolution No. -2017 Page 6 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 26th DAY OF JANUARY, 2017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE DAY OF 2017. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 8th DAY OF FEBRUARY, 2017 AND SET FOR SECOND READING ON THE 81h DAY OF MARCH 2017. ADOPTED AFTER FINAL READING ON THE DAY OF 2017. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE DAY OF 2017. ATTEST: LIM Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: John Ely, County Attorney P066-16 PID 273514201007 BOARD OF COUNTY COMMISSIONERS George Newman, Chair Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING THE DOREMUS PROPERTY WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ORDINANCE NO. -2017 RECITALS: 1. Andrew and Jeanne Doremus (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to rezone the property with a Planned Unit Development (PUD) overlay. 2. The property is located at 85 Glen Garry Drive and is described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract. The State Parcel Identification for the property is 2735-142-01-007. 3. The property is zoned R-30 and contains 2.35 acres. 4. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at regularly scheduled meeting on December 13', 2016 and recommended approval by a vote of 5-0. 5. The BOCC considered the proposed rezoning on first reading at a duly noticed public hearing on February 8t', 2017 and on second reading at a regular meeting on March 8', 2017. 6. The BOCC finds that the proposed land is eligible for the PUD overlay designation, pursuant to Sec. 3-70-30(c) of the Land Use Code as it will protect desirable open space in the Urban Area. 7. The BOCC further finds that the rezoning of the property with a PUD overlay will not increase density and will preserve scenic quality. 8. The BOCC further finds that the rezoning is consistent with Secs. 2-30-40(1) and 2-40-10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby rezones the Doremus property with a PUD overlay, and authorizes the Chair to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. Ordinance No. -2017 Page 2 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF 92017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincggg , .com) ON THE _ DAY OF 92017. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 8TH DAY OF FEBRUARY, 2017. ADOPTED AFTER FINAL READING ON THE 8TH DAY OF MARCH, 2017. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 92017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincgLi com) ON THE _ DAY OF 92017. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney P066-16 273514201007 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO :A George Newman, Chair Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director MEMORANDUM TO: Board of County Commissioners Regular Meeting — February 8, 2017 THRU: Cindy Houben, Community Development Director FROM: Tami Kochen, Planner RE: Doremus Subdivision Conceptual Submission, Planned Unit Development (PUD), and Activity Envelope Review SUMMARY: The Applicant is requesting conceptual subdivision approval to subdivide the property into two lots, to rezone the subdivision with a PUD overlay in order to vary setbacks, lot size, and preserve open space, and to establish an Activity Envelope on the new lot (lot 2), and amend the Activity Envelope on the original lot (lot 1). The BOCC granted a growth management allotment of 5,750 square feet of gross floor area for a single family residence on the newly subdivided lot (lot 2), pursuant to Resolution No. -2017 (approved January 11', 2017). The Planning Commission reviewed the application on December 13, 2016, and recommended approval by a vote of 5-0. The staff memo to the Commission, which fully addresses the review criteria, and the minutes from the meeting, are attached for reference. Only specific issues raised by staff, the Planning Commission or the Applicant are addressed below. To legalize an existing, un -permitted carport, the Applicant has submitted an application to the 2017 GMQS competition requesting a growth management allotment of 800 square feet of additional floor area on Lot 1. They are also requesting a GMQS exemption to legalize an existing un -permitted 128 square foot greenhouse. APPLICANTS: Andrew and Jeanne Doremus REPRESENTATIVE: Glenn Horn LOCATION: 85 Glen Garry Drive; Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract; within the Urban Growth Boundary ZONING/LOT SIZE: The property is zoned R-30 and contains 2.35 acres. PLANNING COMMISSION RECOMMENDATION: Staff and the Planning Commission recommend that the BOCC adopt the following motions: 1. Approve the Resolution Approving the Doremus Subdivision Conceptual Submission, PUD, and Activity Envelope Review on first reading and set for second reading on March 8, 2017. 2. Approve the Ordinance Rezoning the Doremus property with a PUD overlay on first reading and set for second reading on March 8, 2017. ATTACHMENTS A. 12/13/2016 Planning Commission meeting minutes B. 12/13/2016 Staff Memo to Planning Commission (with attachments) Application and site plans provided separately AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING THE DOREMUS PROPERTY WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ORDINANCE NO. -2017 RECITALS: 1. Andrew and Jeanne Doremus (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to rezone the property with a Planned Unit Development (PUD) overlay. 2. The property is located at 85 Glen Garry Drive and is described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract. The State Parcel Identification for the property is 2735-142-01-007. 3. The property is zoned R-30 and contains 2.35 acres. 4. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at regularly scheduled meeting on December 13th, 2017 and recommended approval by a vote of 5-0. 5. The BOCC considered the proposed rezoning on first reading at a duly noticed public hearing on February 8', 2017 and on second reading at a regular meeting on March 8', 2017. 6. The BOCC finds that the proposed land is eligible for the PUD overlay designation, pursuant to Sec. 3-70-30(c) of the Land Use Code as it will protect desirable open space in the Urban Area. 7. The BOCC further finds that the rezoning of the property with a PUD overlay will not increase density and will preserve scenic quality. 8. The BOCC further finds that the rezoning is consistent with Secs. 2-30-40(i) and 2-40-10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby rezones the Doremus property with a PUD overlay, and authorizes the Chair to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. Ordinance No. -2017 Page 2 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF 92017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincggg , .com) ON THE _ DAY OF 92017. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 8TH DAY OF FEBRUARY, 2017. ADOPTED AFTER FINAL READING ON THE 8TH DAY OF MARCH, 2017. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 92017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincgLi com) ON THE _ DAY OF 92017. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney P066-16 273514201007 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO :A George Newman, Chair Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE DOREMUS SUBDIVISION CONCEPTUAL SUBMISSION, ACTIVITY ENVELOPE REVIEW, AND PLANNED UNIT DEVELOPMENT (PUD) Resolution No. -2017 RECITALS 1. Andrew and Jeanne Doremus (hereafter "Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to request Subdivision Conceptual Submission to subdivide the property into two lots, Planned Unit Development (PUD) approval in order to vary setbacks, lot size, and preserve open space, and Activity Envelope Review to establish an Activity Envelope on the new lot (lot 2) and amend the Activity Envelope on the original lot (lot 1). 2. The property is located at 85 Glen Garry Drive and is described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract. 3. The lot is zoned R-30 and contains 2.35 acres, and is located within the Urban Growth Boundary. 4. The BOCC approved rezoning the Doremus property with a PUD overlay, pursuant to Ordinance No. -2017. 5. The BOCC granted a growth management allotment of 5,750 square feet of gross floor area for a single family residence on the newly subdivided lot (lot 2), pursuant to Resolution No. -2017. 6. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly scheduled meeting on December 13, 2017, and recommended approval by a vote of 5-0. 7. The BOCC considered the proposed application on first reading at a duly noticed public hearing on February 81, 2017 and on second reading at a regular meeting on March 8"', 2017. 8. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code as follows: A. The activity envelopes avoid all slopes in excess of 30%. B. The wildfire hazard is rated as low, and can be mitigated. C. The lot does not contain mapped or otherwise known wildlife habitat areas protected by the Land Use Code. D. The general layout of the lots, driveways, and structures within the proposed subdivision/PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation, and otherwise accomplishes the purposes and intent of the Land Use Code. E. The Subdivision/PUD is consistent with the Aspen Area Community Plan and the scale of surrounding development. F. The proposed Subdivision/PUD provides areas for common usable open space and preserves more open lands in their natural state than would be required by the underlying zone district. G. The proposed Subdivision /PUD will not result in significant adverse impacts on adjacent properties, or the natural environment. The applicant has committed to an architectural review by Pitkin County at Site Plan Review. Resolution No. -2017 Page 2 H. No road improvements will be required as a result of the subdivision. Current infrastructure exists to serve the new lot and has the capacity to serve the lot. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby approves the Doremus Subdivision/PUD Conceptual Submission and Activity Envelopes, subject to the following conditions, which shall run with the land and be binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter: 1. The Applicants shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. Prior to Detailed Submission/Final Plat application, the Applicant shall: A. Obtain the necessary approvals and permits for the carport and greenhouse on Lot 1 or remove the structures. 3. With the Detailed Submission/Final Plat application, the Applicant shall: A. Provide a draft a covenant restricting the Subdivision/PUD against further subdivision. B. Submit will serve letters from utility companies. C. Provide a draft PUD agreement which shall include the specific uses and activities to be allowed on the Open Space Parcel. The agreement shall also guarantee that the Open Space Parcel shall be protected from future development, be available for use by residents of the subdivision, and shall include provisions for maintenance of the Open Space Parcel. D. Establish an Activity Envelope on Lot 1 encompassing existing development. 4. The following shall be delineated on the Final Plat: A. A driveway easement across Lot 2 to benefit Lot 1. B. A pedestrian easement across Lot 1 to the benefit of Lot 2 to access the Open Space. 5. Concurrent with recordation of the Final Plat, the Applicant shall record: A. An Activity Envelope Plan for Lot 1 and Lot 2 in accordance with Land Use Code Section 2-30- 20(g) and Application Manual Section 2.1.1. The Activity Envelope Plans shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. B. A PUD Agreement 6. Prior to submission of any building or other development permit applications for Lot 1 or Lot 2, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. In addition to the standard requirements for Site Plan Review, the Applicant shall submit architectural plans or models for the development on Lot 2, or the redevelopment of Lot 1 to complete an architectural review pursuant to Sec. 3-70-300). 7. Prior to submission of any building permit applications, the Applicant shall: A. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District. B. Obtain a tap permit and pay the applicable fees to the Aspen Water Department. Resolution No. -2017 Page 3 8. With the building permit application for Lot 2, the Applicant shall: A. Submit an access permit for any improvements to the driveway on Lot 2, which shall be approved by the Planning Engineer and the Community Development Department. B. Submit a fireplace/woodstove permit from the Community Development Department, if necessary. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. D. Submit a construction management plan for review and approval by the Planning Engineer. E. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree mitigation plan. 9. Prior to issuance of any building permits for Lot 2, the Applicant shall: A. Pay the applicable road and employee housing impact fees. B. 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. C. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. D. Make a cash payment of $5,000 to the Aspen School District for transportation planning and related traffic issues. E. Make a cash payment of $15,000 to the Aspen Fire Protection District to assist them in attaining a side-by-side UTV. F. Make a cash payment of $8,000 to the City of Aspen Parks Department for improvements to the Government Trail and Bridge. 10. Lot 1 is approved to develop up to 8,171 square feet of gross floor area of which 5,750 square feet is exempt from growth management. The use and approval of transferable development rights (TDRs) or growth management allocations to exceed 8,171 square feet of gross floor area on the property is strictly prohibited. 11. Lot 2 is approved to develop up to 5,750 square feet of gross floor area. The use and approval of transferable development rights (TDRs) or growth management allocations to exceed 5,750 square feet of gross floor area on the property is strictly prohibited. 12. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: 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 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 ten -foot (10') perimeter around all structures. Resolution No. -2017 Page 4 2) All branches from trees and brush within 30 feet of all structures (or to the property line) shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may touch and interconnect, as long as ladder fuels have been removed from beneath trees. 4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least 10' from the house. 5) Up to 5 evergreen trees are allowed within 30' of all structures, but should be limbed to 10' and shall not have any flammable fuels underneath the trees. These trees shall be separated by at least 20', unless clumped together (no more than 3 trees in a clump) in which case the clump shall be separated by at least 30' from another clump or individual tree. 6) No trees shall be within 15' of any window. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 8) All deadfall up to a one hundred (100) foot perimeter or the property line shall be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. 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 roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch 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. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. Resolution No. -2017 Page 5 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 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 two (2) hour fire -resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground. 13. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, and installation of an approved fire sprinkler system. 14. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. 15. No development including grading, excavation, fill placement, berming, landscaping, or vegetation removal or disturbance, shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 16. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 17. 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. 18. 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. Resolution No. -2017 Page 6 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 26th DAY OF JANUARY, 2017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE DAY OF 2017. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 8th DAY OF FEBRUARY, 2017 AND SET FOR SECOND READING ON THE 81h DAY OF MARCH 2017. ADOPTED AFTER FINAL READING ON THE DAY OF 2017. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE DAY OF 2017. ATTEST: Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: John Ely, County Attorney P066-16 PID 273514201007 BOARD OF COUNTY COMMISSIONERS George Newman, Chair Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director ATTACHMENT A PITKIN COUNTY PLANNING AND ZONING COMMISSION SPECIAL MEETING Commissioners Present: Monty Thompson James VeShancey Zachary Matthews Jeff Conklin Michael Edinger Tuesday, December 20, 2016 Plaza One Conference Room 530 East Main Street Aspen, CO Staff Present: Suzanne Wolff Mike Kraemer Tami Kochen I. CALL TO ORDER: Chair James VeShancey called the Planning and Zoning Commission meeting to order at 5:00 P.M. II. COMMENTS: III. NEW BUSINESS: 1. DOREMUS ACTIVITY ENVELOPE REVIEW, CONCEPTUAL SUBDIVISION REVIEW, GMOS, PLANNED UNIT DEVELOPMENT (PUD) REVIEW, AND REZONING TO PUD STAFF RESPONSIBLE: TAMI KOCHEN ➢ Applicant: Andrew and Jeanne Doremus ➢ Applicant's Representatives: Davis Horn Inc. Summary of Request: The Applicant is requesting a growth management allotment of 4,750 square feet of floor area for a single-family residence on a newly subdivided lot in the Urban Growth Boundary (UGB). In addition, the Applicant is requesting conceptual subdivision approval to subdivide the property into two lots, to rezone the subdivision with a PUD overlay in order to vary setbacks, lot size, and preserve open space, and to establish an Activity Envelope on the new lot. Commissioner Thompson moved to adopt staffs recommended scoring. Commissioner Palmer seconded. Chairman VeShancey called the question, and the motion passed 5-0. Commissioner Thompson moved to recommend approval to the BOCC of the DOREMUS ACTIVITY ENVELOPE REVIEW, CONCEPTUAL SUBDIVISION REVIEW, PLANNED UNIT DEVELOPMENT (PUD) REVIEW, AND REZONING TO PUD. Commissioner Palmer seconded. Chairman VeShancey called the question, and the motion passed 5-0. 2. 501 BUTTERMILK LLC ACTIVITY ENVLEOPE REVIEW, CONCEPTUAL SUBDIVISION REVIEW, GMOS, PLANNED UNIT DEVELOPMENT (PUD) REVIEW, AND REZONING TO PUD STAFF RESPONSIBLE: MIKE KREAMER ➢ Applicant: 501 BUTTERMILK LLC ➢ Applicant's Representatives: MITCH HAAS Summary of Request: The Applicant is requesting to subdivide a 37 acre metes and bounds parcel into two (2) lots and attain a development right for the newly created lot through the Growth Management Quota System (GMQS). The proposed new lot will not conform to the minimum lot size in the AR -10 Zone District, therefore, the Applicant also requests Planned Unit Development (PUD) approval to vary the minimum lot size and rezone with a PUD designation. Commissioner Thomson moved to recommend the application for the 501 BUTTERMILK LLC ACTIVITY ENVLEOPE REVIEW, CONCEPTUAL SUBDIVISION REVIEW, GMOS, PLANNED UNIT DEVELOPMENT (PUD) REVIEW, AND REZONING TO PUD be continued to January 3rd, 2017. Commissioner Palmer seconded. Chairman Conklin called the question, and the motion passed 5-0. IV. ADJOURN: The meeting adjourned at 8:00 P.M. ATTACHMENT B MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Tami Kochen, Planner RE: Doremus GMQS Application for New Lot in the Urban Growth Boundary, Subdivision Conceptual Submission, Rezoning to Planned Unit Development (PUD), PUD Review, and Activity Envelope Review DATE: December 13, 2016 SUMMARY OF REQUEST: The Applicant is requesting a growth management allotment of 4,750 square feet of floor area for a single-family residence on a newly subdivided lot in the Urban Growth Boundary (UGB). In addition, the Applicant is requesting conceptual subdivision approval to subdivide the property into two lots, to rezone the subdivision with a PUD overlay in order to vary setbacks, lot size, and preserve open space, and to establish an Activity Envelope on the new lot. APPLICANTS: Andrew & Jeanne Doremus REPRESENTATIVE: Davis Horn Inc. LOCATION: 85 Glen Garry Drive, Aspen Highlands Block 1, Lot 15 (Westerly part of Lot 15 plus Baldwin Tract) ZONING/LOT SIZE: The lot is zoned R-30 and contains 2.35 acres. PROCEDURE/PROCESS: Scoring of the Growth Management application is conducted by the Planning and Zoning Commission. The Planning Commission forwards, by resolution, the ranking of the development applications. Upon receipt of the Planning Commission resolution forwarding the scores or subsequent to the conclusion of all appeal hearings, the BOCC by resolution allocates development allotments to the eligible applicants. If the growth management application meets threshold, the Planning Commission will separately consider the Subdivision Conceptual Submission and Activity Envelope requests and make a recommendation to the BOCC. HISTORY: In 1960, the Board of County Commissioners approved the Aspen Highlands Subdivision. The original Plat is recorded in Book 2 at Page 256. Surrounded by the subdivision, but not part of the subdivision was a portion of the subject property referred to on the Plat as the Baldwin Tract. According to Stewart Title's October 19, 1990 letter, the westerly part of Lot 15, a .4 acre parcel contiguous to the Baldwin Tract, was created as an exception to a deed in 1961. In 1991, Pitkin County Attorney, Tim Whitsitt determined that since the .4 acre parcel "is not shown on the Aspen Highlands Subdivision Plat, but is only a portion of one of the lots, it can, and does merge with the adjacent properties under single ownership." The merging of the .4 acre parcel with the Baldwin Tract created parcel #273514201007. The parcel was created prior to June 12, 1978, and therefore exempt from GMQS pursuant to Sec. 6-30- 100(a). In 1991, Andrew & Jeanne Doremus, owners of the merged parcel, submitted a residential GMQS/Subdivision/ PUD and Special Review land use application. The application sought a two lot subdivision and associated GMQS allotments. Lot 1 was proposed to be developed with a free-market single family dwelling unit while Lot 2 was proposed to be developed with a duplex containing one free- market unit and one deed restricted low-income unit. The Board approved Resolution No. 91-136 denying the Subdivision/PUD Special Review requests and approving General submission for a single family dwelling. The Board found "the proposed subdivision incompatible with the neighborhood and inconsistent with Scenic Quality provisions of the Land Use Code by creating Lot 2 in an area which will have adverse impacts on adjacent lots." The Resolution approved "construction of one single family dwelling on the envelope identified as Lot 1 of the application consistent with the General Submission provisions of the County Code for one single family dwelling subject to conditions of development, and the project site is entitled to one GMQS exemption..." Pitkin County approved the Andrew & Jeanne Doremus 1041/General Submission Site Plan in 1992 recorded in Plat Book 28 at Page 55. In 1994 the Applicant developed the parcel with a 4,915 square foot single family home pursuant to BOCC Resolution 91-136. A Minor Amendment to a Development Permit to adjust the building envelope was approved in a 1996 Memorandum from Lance Clarke to Cindy Houben. In 1997, the Planning and Zoning Commission approved Resolution No. PZ 97-13 granting Special Review Approval for a Single Family Home with More than Five Bedrooms. Most recently two additions to the home were permitted in 1998 and 2003 making the current home approximately 5,693 square feet. *It should be noted that after a staff site visit, it was determined that the carport structure had not been permitted nor counted in floor area in the submitted application. It is located in the east side yard setback. The applicant intends to compete in the January 15', 2017 GMQS competition to attain the necessary floor area to allow the structure to remain. If the GMQS allotments are not granted, the structure will be removed. If GMQS allotments are granted, further review to approve a side yard setback variance will be required during detailed PUD submission. EXISTING CONDITIONS: The 102,722 square foot property currently contains a single-family residence, a carport structure and small greenhouse. The property is bordered by Fred Iselin Memorial Park to the north, Aspen Highlands Subdivision Lots 4 & 5 to the west, Glenn Gary Drive to the south, and Aspen Highlands Lots 15, 16, 17 and 19 to the east. PROPOSAL: The Applicant is seeking approval for rezoning to a PUD, subdivision approval and a GMQS allotment to develop one additional single family dwelling unit (rather than the duplex proposed in 1991). Additionally, an 8,889+ square foot common open space parcel is proposed to be located northwest of Lot 1 adjacent to Fred Iselin Memorial Park. REFERRAL COMMENTS: The application was referred to Aspen Highlands Subdivision, City of Aspen Open Space, Aspen Fire Protection District, and Aspen City Planning. Comments from Parker 2 Lanthrop are attached for reference. Austin Weiss with the City of Aspen Open Space verbally supported the application. STAFF COMMENTS: URBAN GROWTH BOUNDARY GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) ALLOTMENTS FOR NEW LOTS AND PARCELS (SECTION 6-10): An annual ceiling of 23,000 square feet of floor area is available in the Urban Growth Boundary for new lots/parcels. The Applicant is requesting an allotment of 4,750 square feet of floor area for a newly subdivided lot. Staff's recommended scoring for this project is attached. Please note that a development in the Urban Growth Boundary must receive a minimum score of 13 points to obtain an allocation. Staff has recommended a score of 16 points for this application, which exceeds the minimum score required. Section 6-40-20(b) of the Code states, "Receipt of an allotment or eligibility for an exemption is a pre- requisite to continuation in the land use review process. If an allocation or exemption is denied, any other land use applications that are pending for the property shall be denied as well." If the application does not meet threshold when scored by the Planning Commission, then the Subdivision and Activity Envelope requests shall also be denied. SUBDIVISION CONCEPTUAL SUBMISSION: The proposed subdivision is surrounded by subdivided land where the average lot size is 36,500 square feet and the average house size is 4,858 square feet (based off County Assessor Records). The Applicant proposes to subdivide the 102,722 square foot property into two lots. Lot 1, the "fathering parcel" would contain approximately 72,868 square feet. Lot 2, where the new residence is proposed, would contain 20,965 square feet and have a maximum floor area of 4,750 square feet, and a maximum gross floor area of 5,750 square feet. The Applicant is seeking approval of a PUD, which will permit the Lot 2 to be less than the required 30,000 square feet in the R-30 zone district. Approval of the conceptual subdivision is subject to a finding of compliance with Sections 2-40-50(i) and 7- 70 of the Code. 2-40-50(i) Criteria for Approval. A conceptual or detailed subdivision or PUD application may be recommended for approval and may be approved only if the Board finds that all of the following criteria have been met: (1) The application complies with all applicable provisions of this Land Use Code; (2) The application complies with all applicable Land Use Policies listed in Sec. 1-60; Staff Response: It appears that the application complies with all applicable provision of the Code, including the land use policies. (3) The application complies with all prior development approvals applicable to the subject property; Staff Response: The application complies with prior development approvals applicable to the property and understands the applicable approvals for the carport will need to be attained or the structure will need to be removed prior to Detailed Submission/Final Plat approval. 4 (4) The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located; Staff Response: The Applicant is seeking PUD designation to vary the size of Lot 2 to less than 30,000 square feet, and to vary the front yard setback. The variation in the dimensional standards will enable the Applicant to save trees on the northwest side of Lot 2 and enables the Applicant to preserve an open space parcel contiguous with the Maroon Creek Road scenic corridor. Lot 1 will remain conforming in size within the R-30 zone district. The average floor area ratio of the two lots will conform with the .13 floor area ratio standard in the R-30 zone district. (5) The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code; Staff Response: The proposed new lot will be located adjacent to Glen Garry Drive, which helps to minimize the amount of land disturbance and provides access to existing utilities and services. There is no wildlife habitat or riparian areas on the property. (6) The proposed subdivision or PUD will not result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; (7) The proposed subdivision or PUD will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated; Staff Response: The new lot will not result in significant adverse impacts on the natural environment. The Applicant has committed to an architectural review by the Aspen Highlands Subdivision for development of Lot 2 or the redevelopment of Lot 1. (8) Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development; Staff Response: The additional single family residence will not affect the adequacy and sufficiency of public facilities. Exactions for roads, employee housing, parks/recreation/open space and schools will be required. (9) In addition, a rezoning to a PUD designation shall only be recommended or approved if the Planning and Zoning Commission or the Board of County Commissioners, as applicable, determines that the standard criteria for a rezoning set forth in 2-40-10(c) have been met Staff Response: The proposed rezoning is consistent with the Aspen Area Community Plan and the criteria in Sec. 2-40-10(c) that are addressed below. SUBDIVISION (Section 7-70): Compliance with Comprehensive Plan and Zone District: Each subdivision of land that does not qualify for a Subdivision Exemption (a) shall be generally consistent with all applicable provisions of the Comprehensive Plan for the area in which the land is located, and (b) shall comply with all requirements for the zone district in which the land is located, including without limitation the description of the zone district and related standards contained in Chapter 3; any requirements related to the proposed use of the land contained in Chapter 4; dimensional requirements related to the proposed use of the land contained in Chapter 5; all applicable requirements of and all applicable development standards contained in this Chapter 7. Staff Response: The proposed subdivision is surrounded by subdivided land with lot sizes averaging between 30,000 and 40,000 square feet in size. The development is consistent with the Aspen Area Community Plan and compatible with the surrounding neighborhood. The PUD overlay will permit the new lot to be less than the required 30,000 square feet in the R-30 but the two lot subdivision will have density of one lot per 51,360 square feet with 8,889 square foot parcel created for open space. The PUD designation will also vary the front yard setback from 30 to 15 feet to preserve mature vegetation on the northwest side of Lot 2. Development Phasing: No subdivision of land shall be approved if the indicated staging of development will generate service or facility demands in advance of the fiscal and physical ability of the County or districts to provide within their budgets. Staff Response: The infrastructure exists to serve the new lot and has the capacity to serve the lot. Road Construction, Improvements or Maintenance Costs: A proposed subdivision of land shall only be approved if any special road construction, improvement or maintenance cost assignable to the proposal and to be borne by the County at large can be met within both short-term and long-term County budgets without tax increases that might otherwise be unnecessary. Staff Response: No road improvements will be required as a result of the subdivision. County Acceptance of Utilities or Facilities: A proposed subdivision of land shall only be approved if any utility or facility to be provided by the developer for acceptance and future operation and/or maintenance by the County, or any district within the County is planned, designed and constructed and prior to its acceptance by the County or district, operated and maintained in a manner that protects the public from any expenses to correct deficiencies in the utility or facility. Accessibility of Public Facilities: A proposed subdivision of land shall only be approved if the location and layout of theproposal are such that necessary public facilities can beprovided to the area without the need for additional public expenditures for service expansions. Staff Response: No new utilities or facilities are proposed. Management of Construction Impacts: A proposed subdivision of land shall only be approved if the .short-term construction impacts on roads, fire and police substations, schools, public services such as 0 solid waste collection, snow removal and public transportation have been or will be mitigated by the developer. Staff Response: The Applicant commits to mitigate all short-term construction impacts. Improvement Agreements: In order to confirm compliance with the provisions of this Sec. 7-70, a signed Improvement Agreement between the applicant ant the County will generally be required in connection with any subdivision of land. Provisions on Improvement Agreements are found in Sec. 2-20- 130(a). Staff Response: A Subdivision Improvements Agreement will not be necessary for the two lot subdivision. REZONING TO PUD: The Applicant requests a rezoning of the property with a PUD designation in order to vary the lot size for Lot 2 and to vary front and side yard setbacks in the R-30 zone district. Sec. 3-70-30(c) of the Code states that a PUD designation may be requested within any zone district within the Urban Area, provided that it is intended to protect desirable open space or increase the production or availability of affordable housing. The proposed PUD will protect desirable open space and is within the UGB. The proposed rezoning with a PUD designation must comply with the following standards of Sections 2- 30-40(i) and 2-40-10(c)(2&3): Sec. 2-30-400). An application for two-step review [rezoning] shall be recommended for approval and shall be approved if it complies with (a) All applicable provisions of this Land Use Code; (b) All applicable Land Use Policies listed in Section 1-60; and (c) All prior development approvals applicable to the subject property. Response: These criteria are addressed in the subdivision criteria above. Sec. 2-40-10(c)(2). In addition to complying with the provisions of Sec. 2-30-40(i) in connection with each proposed rezoning, the Board shall consider the following: (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment; Response: The Aspen Highlands Subdivision has been largely developed; a few vacant lots remain. The subject parcel is an enclave surrounded by the Aspen Highlands Subdivision and Fred Iselin Memorial Park to the north. Since the 1991 application, the County approved (and the City of Aspen subsequently annexed) the Moore PUD (now Five Trees Subdivision) and the Aspen Highlands Subdivision/PUD at the ski area base; both developments greatly increased the residential density and changed the character of the surrounding area. The PUD designation will allow the property to be subdivided and developed in a manner compatible with the immediate neighborhood, while minimizing impacts on the scenic Maroon Creek Road corridor. 7 (b) The effect of the proposed rezoning and development on traffic generation and road safety. Response: The rezoning to PUD will not generate additional traffic beyond what would be generated without the PUD rezoning. Sec. 2-40-10(c)(3). A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s); Response: Consistency with the AACP is addressed above. (b) Are consistent with all applicable sections of this Land Use Code; Response: Consistency with the Land Use Code is addressed throughout this memorandum. (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics,- Response: haracteristics; Response: The subdivision would remain compatible with the surrounding "urban -like" neighborhood within the UGB. The average lot size in the Aspen Highlands Subdivision is approximately 36,500 square feet, which provides an average of 4,745 square feet of floor area based on the Floor Area Ratio of .13. The applicant proposed to limit the floor area of Lot 1 (with a larger lot size of 72,868 square feet) to 8,171 square feet and Lot 2 to 4,750 square feet; these house sizes are compatible with the neighborhood. (d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; Response: The rezoning with a PUD designation will not exceed the capacity of available public facilities. (e) Do not result in significant adverse impacts on the natural environment; Response: The rezoning with a PUD designation to accommodate the second lot and open space parcel will result in insignificant adverse impacts on the natural environment. ()9 Are consistent and compatible with the community character; and Response: The rezoning with a PUD designation is considered consistent and compatible with the community character. (g) Do not conflict with the public interest. Response: The rezoning with a PUD designation to vary the setbacks and lot area will not conflict with the public interest. PUD CRITERIA: Sec. 3-70-30(h), Variations of Dimensional Standards: The yard setbacks and minimum lot area may be varied only if the county determines that the proposed dimensions result in a development that: 1. Is generally consistent with the scale of surrounding development; Response: As stated above, development will be consistent with the surrounding development in the area. 2. Does not significantly reduce sunlight or create significantly increased shadowing of roads, pedestrian paths, or developed residential properties; Response: Varying these standards will not result in these adverse impacts. 3. For any increase in height, is accompanied by increased setbacks along any property line adjacent to single or multi family uses; Response: No increase in height is requested. 4. Provides protection for the water quality and wildlife habitat in rivers and streams at least equal to that if the dimensions had not been varied; and Response: The proposed variations have no impact on water quality and wildlife habitat in rivers and streams. S. Provides areas within the PUD allocated for common usable open space. The common open space shall be used and be suitable for scenic, landscaping or recreation purposes. The common usable open space shall be protected from future development, and shall be guaranteed to be available for use by residents of the entire property, through a deed restriction or other legal document, acceptable to the County, and recorded with the clerk and recorder of Pitkin County. Response: The Applicant proposes to create a common open space parcel which will be protected from any future development. Lot 1 will grant Lot 2 a pedestrian easement to provide access to the open space parcel. The conditions placed on the open space parcel will be determined at Detailed Subdivision. Sec. 3-70-30(1)(2), Protection of Open Space in the Urban Area: A PUD designed to protect desirable open space in the Urban Area shall only be approved if the County finds that all of the following criteria have been met: (a) The proposed development (i) preserves and if possible enhances unique site features, and (ii) preserves and protects more open lands in their natural state than would be required by the 0 underlying zone district. (b) The proposed development includes adequate open space for the mutual benefit of all residents and tenants of the proposed development, including residents of on-site affordable housing. (c) The proposed development includes adequate provisions for maintenance of common open space, and such provisions shall be included in a signed agreement between the owner and the County. (d) The advantages to the County of the additional protection of desirable open space provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. Response: The Applicant has proposed to create an approximately 8,889 square foot common open space parcel adjacent to the Fred Iselin Memorial Park along Maroon Creek scenic corridor, as identified in on the Conceptual Subdivision Plan in the application. The Applicant is currently working on increasing the size and changing the configuration of the open space parcel which will be presented at the December 13' Planning and Zoning Commission meeting. Staff discussed with the Applicant that Maroon Creek Road is designated as a Major Road which requires a 100' setback and therefore much of the proposed open space parcel is protected to a degree. Staff also questioned the "exceptional benefits" of the proposed open space. The applicant plans to increase the open space area thereby protecting more open lands in their natural state than would be required by the existing code standards. ACTIVITY ENVELOPE: The Applicant has requested approval of an activity envelope within which to construct a single family residence on the newly subdivided lot. The envelope is free of any constrained areas. Site Plan review will be required prior to submission of any development applications. Site Preparation and Grading: The Applicant will comply with the applicable provisions. Steep/Potentially Unstable Slopes & Grading: The activity envelope avoids all slopes in excess of 30%. The small areas of slopes in excess of 30% on the Lot have been excluded from the envelope. Water Courses & Drainage: There are no watercourses on the property. The Applicant commits to comply with the provisions of this section as part of the Detailed/Final Plat Review. Floodplain: The property is not within the 100 -year floodplain. Geologic Hazards: There are no geologic hazards known to affect the property. Wildfire: The proposed development is within a low wildfire hazard area. The Applicant commits to comply with the standard wildfire mitigation measures in the Land Use Code. Wildlife: Jonathan Lowsky of Colorado Wildlife Science LLC and Kurtis Tesch, CPW District Wildlife Manager assessed the property in July 2016. They concluded the development would not result in consequential impacts to wildlife because the property does not contain mapped or otherwise known habitat protected by the Land Use Code. River and Stream Corridors and Wetlands: The property does not contain any of the protected features identified in the Code. 10 RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the BOCC to grant a growth management allotment for 5,750 square feet of gross floor area for a new lot, conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by the Community Development Department and recorded against the property, prior to issuance of a building permit to utilize the awarded floor area. Staff further recommends that the Planning Commission recommend approval to the BOCC of the Rezoning to Planned Unit Development, Conceptual Subdivision and Activity Envelope, subject to the conditions outlined below: 1. The Applicants shall adhere to all material representations made during the application process. 2. Prior to Detailed Submission/Final Plat application, the Applicant shall: A. Obtain the necessary approvals and permits for the carport and greenhouse on Lot 1 or remove the structures. 3. With the Detailed Submission/Final Plat application, the Applicant shall: A. Provide a draft a covenant restricting the Subdivision/PUD against further subdivision. B. Submit will serve letters from utility companies. C. Provide a draft PUD agreement which shall include the specific uses and activities to be allowed on the Open Space Parcel. D. Establish an Activity Envelope on Lot 1 encompassing existing development. 4. The following shall be delineated on the Final Plat: A. A driveway easement across Lot 2 to benefit Lot 1. B. A pedestrian easement across Lot 1 to the benefit of Lot 2 to access the Open Space. 5. Concurrent with recordation of the Final Plat and prior to submission of the Site Plan Review application for Lot 2, the Applicant shall record an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. 6. Prior to submission of any building or other development permit applications for Lot 2, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. 7. Prior to issuance of a building permit for the residence on Lot 2 or redevelopment of the residence on Lot 1, the Applicant shall obtain architectural review approval from the Aspen Highlands Subdivision. 8. Prior to issuance any building permits for Lot 2, the Applicant shall: 11 A. Obtain an access permit for any improvements to the driveway on Lot 2, which shall be approved by the Planning Engineer and the Community Development Department. B. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. D. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District. E. Pay the applicable road and employee housing impact fees. F. Submit a construction management plan for review and approval by the Planning Engineer. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree mitigation plan. H. 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. I. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. I Make a cash payment of $5,000 to the Aspen School District for transportation planning and related traffic issues. K. Make a cash payment of $15,000 to the Aspen Fire Protection District to assist them in attaining a side-by-side UTV. L. Make a cash payment of $8,000 to the City of Aspen Parks Department for improvements to the Government Trail and Bridge. 9. Lot 1 is approved to develop up to 8,171 square feet of floor area of which 5,750 is exempt from growth management. The use and approval of transferable development rights (TDRs) or growth management allocations to exceed 8,171 square feet of floor area on the property is strictly prohibited. 10. Lot 2 is approved to develop up to 5,750 square feet of gross floor area.. The use and approval of transferable development rights (TDRs) or growth management allocations to exceed 5,750 square feet of gross floor area on the property is strictly prohibited. 11. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: 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 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 ten -foot (10') perimeter around all structures. 2) All branches from trees and brush within 30 feet of all structures (or to the property line) shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 12 3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may touch and interconnect, as long as ladder fuels have been removed from beneath trees. 4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least 10' from the house. 5) Up to 5 evergreen trees are allowed within 30' of all structures, but should be limbed to 10' and shall not have any flammable fuels underneath the trees. These trees shall be separated by at least 20', unless clumped together (no more than 3 trees in a clump) in which case the clump shall be separated by at least 30' from another clump or individual tree. 6) No trees shall be within 15' of any window. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 8) All deadfall up to a one hundred (100) foot perimeter or the property line shall be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. 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 roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch 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. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 13 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 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 two (2) hour fire -resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground. 12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, and installation of an approved fire sprinkler system. 13. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. 14. No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 16. 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. 17. 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. ATTACHMENTS: A. Staff s recommended scoring B. Aspen Fire referral comments C. Davis Horn Inc. PUD Designation Letter D. Davis Horn Inc. Unpermitted Carport Survey & Letter Application provided separately 14 El" VETO 11u 111►Y W.1 URBAN AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION FOR ADDITIONAL FLOOR AREA STAFF'S RECOMMENDED SCORING NAME OF PROJECT: DOREMUS, 85 GLEN GARRY DR. DATE: 12/13/16 6-10-10: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL FRg11171NOV 1oleo V The Planning and Zoning Commission shall consider each application with respect to the standards described below, and shall assign points according to the following schedules: (a) [Impacts on Public and Private Facilities (1) Considering whether an applicant has provided a commitment to install those public and private facilities that are necessary to serve the development and also to install facilities that may be of benefit to the surrounding neighborhood. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed facilities do not comply with the County's adopted standards or do not meet the needs of the project. (b) One (1) means the proposed facilities comply with the County's adopted standards and provide for the needs of the project, but do not improve services to the surrounding neighborhood. (c) Two (2) means the proposed facilities comply with the County's adopted standards, provide for the needs of the project, and help to solve a problem or resolve a constraint with existing facilities, or otherwise are of benefit to the surrounding neighborhood. Any such improvements proposed must also be consistent with adopted County plans addressing such facilities and must be determined to be necessary and appropriate by the referral agency charged with utilizing the facility or providing the related service. (2) The categories in which points shall be awarded are as follows: (a) Fire Protection 1, Capability of the appropriate fire protection district to provide fire protection according to its established response standards, including whether appropriate access has been provided to the development site, with necessary vehicle turnouts and turn -around pads; 2. Adequacy of available water pressure and capacity for providing fire -fighting flows; and 3. Commitment of an applicant to provide or pay for fire protection facilities that may be necessitated by the project or that may improve fire protection capabilities in the neighborhood, including but not limited to fire hydrants, water storage tanks or ponds, and fire fighting vehicles or equipment. Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: The property is located within the Aspen Fire Protection District. Parker Lathrup and Rick Balentine of the Fire District have indicated the Distinct is capable of serving the proposed residence, and it will not necessitate additional fire fighting facilities or capabilities. The property can be accessed directly from Glen Garry Drive. A turn around area is not necessary as Glen Garry Drive has access from Glen Eagles Road and Maroon Creek Road. An existing fire hydrant is within 300' of the Lot and in adequate proximity to the proposed residence. The applicant commits to contribute $15,000 to the Aspen Fire Protection District to help them attain a side-by-side UTV. Parker stated that the neighborhoods off Maroon Creek Rd are in the Wildland Urban Interface which have a higher probability of a wildland fire, and the acquisition of a UTV would be "a vital link if Maroon Creek Road were ever cut off by an emergency Staff finds the donation of $15,000 to assist in the Fire Department in attaining an UTV helps to improve fire protection capabilities in the neighborhood and therefore recommends a score of 2. (b) Road System 1. Capability of the public road network to provide for the needs of the proposed development within acceptable levels of safety, as defined in the Pitkin County Asset Management Plan; and 2. Applicant's commitment to provide or pay for necessary road system improvements attributable to the proposed development or to improve road capacity or safety in the neighborhood. Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: The property is accessed via Maroon Creek Road and Glen Eagles Drive and is 1/4 mile from the Aspen Public Schools. Traffic congestion during peak times is an issue of concern. The Applicant discussed the traffic issues with John Maloy, Superintendent of the Aspen School District. He noted the City of Aspen has been workingin with the Aspen School District to conduct transportation planning studies. Several projects are planned and additional studies may be needed. The applicant has committed to donate $5,000 to the School District for transportation planning assistance and related traffic issues. Matt Langhorst of High Country Engineering provided a Memorandum indicating the Maroon Creek Road corridor is capable of accommodating the traffic associated with an additional single- family dwelling unit. Despite the applicant's limited impact on peak hour traffic in the corridor, the Applicant has committed to contribute to improving road capacity and safety in the neighborhood; therefore, staff recommends a score of 2. (c) Transit and Trail Systems 1. Whether the proposed development site is located in proximity to existing transit routes and trail systems and whether appropriate on-site connections are made to these routes and trails; 2. Capability of the transit system to accommodate the proposed development without the need for additional equipment or route shifts; N 3. Commitment of the applicant to finance or provide capital improvements (such as a bus, bus shelter, or trail connection) that enhance the ability of the transit or trail system to serve the proposed development, or to provide an easement for a trail that has been identified in the Pitkin County Comprehensive Plan; and/or an easement for a trail that has generally been identified as a public access need. Maximum Score 4 Score: 2 x 2 (multiplier) = 4 COMMENT: The property is located near the Castle Creek/ Aspen Highlands bus route. It is within easy walking distance of an existing RFTA bus stop, the Government Trail, Aspen Public Schools, and the Aspen Recreation Center. The transit system can currently accommodate an additional single-family house with out the need for additional equipment or route shifts. The proposed subdivision is also adjacent to Fred Iselin Memorial Park which is across Maroon Creek Road and the Government Trail. The applicant has discussed the state of the trail with Austin Weiss of the City of Aspen Parks Department. Austin indicated that the trail and bridge over the creek are in poor condition and are in need of repair. Austin estimates the project would roughly total $20,000-$25,000 to complete. The Applicant has committed to donating $8,000 to the City of Aspen Parks Department for Government Trail improvements. The commitment helps to solve a problem or resolve a constraint with existing facilities, or otherwise benefits the surrounding neighborhood, therefore, staff recommends a score of 2. Impacts on Public and Private Facilities Subtotal:—8 (b) jEffect on the Environment (1) Considering the enviromnental impacts of the proposed development and whether the applicant commits to actions that will have a positive effect on the natural environment in Pitkin County, thereby achieving an overall benefit for the community. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed development does not comply with the applicable adopted County environmental standards. (b) One (1) means the proposed development complies with (but does not exceed) the applicable adopted County environmental standards. (c) Two (2) means the proposed development exceeds the applicable adopted County environmental standards, or the proposed development complies with the applicable adopted County environmental standards and helps to solve an existing environmental problem. To receive a score of 2 in any category, an applicant shall exceed an adopted standard or solve an existing problem as expressed in at least one of the standards in that category, but need not do so in all of the standards of that category. (2) The categories in which points shall be awarded are as follows: (a) Water Resources Considering the overall impacts of the development on local and regional water resources, including: 1. The extent to which the proposed development of the property will comply with or will exceed (by more than fifty (50) percent) the minimum stream setbacks and riparian and wetland buffers established in Table 5-1 and Sec. 7-20-80 of this Land Use Code. 2. Whether an applicant commits to the dedication of water rights to an appropriate public agency or other actions that will contribute to the protection of minimum stream flows and address a documented need in Pitkin County. 3. Whether an applicant commits to retain irrigation water rights with agricultural or open space lands that are part of the development. 4. Whether an applicant commits to the implementation of techniques that will improve the efficiency of existing irrigation systems and commits to dedicate the remaining water to minimum in -stream flows, or increases the amount of agricultural land or protected open space that is able to be irrigated within the development. 5. Whether an applicant proposes a water augmentation plan that will replace water that is to be used by the development with augmentation water that re-enters the stream either (i) upstream of the development, or (ii) at the same point of diversion employed by the development (that is, bringing "wet water" to the County), or (iii) downstream of the development, but still upstream of the in -stream depletion areas in Pitkin County. Maximum Score 4 Score: 1 x 2 (multiplier) = 2 COMMENT: The proposed development will be set back more than 150' from any stream, wetland or riparian area. Water service can be provided by City of Aspen via the existing water line in Glen Garry Drive. The property does not include any water rights that can be dedicated or augmented, and does not have any irrigation water rights, agricultural or open space lands. The proposed development complies with, but does not exceed the applicable standards, therefore, staff recommends a score of 2. (b) Wildlife Habitat Protection Considering the extent to which the proposed development will contribute to the protection of wildlife habitat in Pitkin County by exceeding the standards of Sec. 7-20- 70. The County has identified the following activity that qualifies as exceeding the adopted standards: An applicant could commit to a program that would enhance or would restore native wildlife habitat that has been degraded by human or animal activity (for example, by creating or restoring wetlands and/or riparian habitat). On-site enhancement is preferred, but where there are no significant opportunities for on- site enhancement or restoration, a commitment to enhance or restore other sites in Pitkin County may be considered. 2. Applicants may also identify other innovative ways in which wildlife habitat can be protected in Pitkin County that would exceed the County's adopted wildlife standards. Applicants with no mapped or known wildlife habitat on their entire lot or parcel shall receive a score of two (2) in this category. Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: A wildlife and ecological assessment was conducted by Jonathan Lowskyof Colorado Wildlife Science LLC in August 2016. His study concluded that the property does not contain any mapped or known County regulated wildlife habitat. Kurtis Tesch of Colorado Parks and Wildlife also visited the property. in 2016 and concurred with the finding. Therefore, the Applicant is eligible for a score of 2. Effect on the Environment Subtotal: 4 (C) jAchievement of Community Goals (1) OPEN SPACE PRESERVATION (a) Considering the extent to which the proposed development will contribute to the preservation of open space in Pitkin County. Valued open space that an applicant could preserve includes: 1. Undeveloped lands that have wildlife, scenic, and other desirable resource values; 2. Agricultural lands, including those that have been historically irrigated, used for food, grains or other feed production, and those used for dry pasture and rangeland; 3. Lands, or easements over lands, which provide access to public lands or public waters; and 4. Other undeveloped lands whose preservation would be consistent with the adopted Pitkin County Comprehensive Plan. (b) Points shall be awarded according to the following schedule: 1. Zero (0) means the proposed development does not preserve any of the valued open space within the property. 2. One (1) means the proposed development preserves some, but not all of the valued open space within the property. 3. Two (2) means the proposed development preserves all of the valued open space within the property. 4. If the entire lot or parcel does not contain any valued open space, the applicant shall receive a score of two (2). Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: The nronerty does not contain land valuable to wildlife. but is adiacent to portion of the Fred Iselin Memorial Park that is on the east side of Maroon Creek Road. The park is highly visible from Maroon Creek Road which is a designated Pitkin County scenic corridor. The applicant proposes a 8,889 square foot Open Space Parcel for the benefit of Lot 1 & Lot 2 adjacent to the Fred Iselin Park. The applicant suggests the Open Space would create an additional scenic buffer as viewed from Maroon Creek Road. 5 Maroon Creek Road is designated as a Major Road which requires a 100' setback. Therefore the additional Open Space designation in the setback area creates minimal additional scenic benefits. However, the Open Space Parcel does "preserve all of the valued open space within the propeLty" and provides additional protection to ensure that no development will occur within the setback, therefore staff recommends a score of 2. (2) HAZARD MITIGATIONAND AVOIDANCE Considering the extent to which the proposal mitigates the impacts of development or avoids locating development in floodplain hazard, geologic hazard, or wildfire hazard areas, as these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed development does not comply with the County's adopted standards for floodplain, geologic, and wildfire hazard areas. (b) One (1) means the proposed development complies with the County's adopted mitigation standards for development in floodplain, geologic, and wildfire hazard areas, but includes some development activities on slopes in excess of thirty (30) percent or in areas subject to severe wildfire hazards. (c) Two (2) means the proposed development complies with the County's adopted mitigation standards for development in floodplain, geologic, and wildfire hazard areas and includes no development activities on slopes in excess of thirty (30) percent or in areas subject to severe wildfire hazards. Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: The property is not within the floodplain; no development will occur on slopes in excess of 30%, and there are no geologic hazard areas on the property. The wildfire hazard is rated as low. Staff finds that a score of 2 is appropriate due to compliance with hazard mitigation and avoidance. Achievement of Community Goals Subtotal: 4 (d) lCreative Bonus The Planning and Zoning Commission may award bonus points to any development application that meets the overall minimum scoring threshold to obtain an allocation, as specified in Tables 6- 7 and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), and go beyond the standards established in each of the respective categories. Bonus points may also be awarded for creative approaches that have not been addressed in any of the scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), but that are consistent with and help to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may be awarded as follows: (1) One (1) bonus point may be awarded for each creative approach an applicant proposes that is consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 (a), (b), and (c), and goes beyond the standards established in that category. Co (2) One (1) bonus point may be awarded for each creative approach an applicant proposes that is consistent with and helps to implement the Pitkin County Comprehensive Plan. (3) One (1) bonus point may be awarded to any applicant who proposes to build affordable housing, rather than pay the Employee Housing Impact Fee required by Section 8-30 of this Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply with the County's adopted affordable housing policies and guidelines in terms of its location and the type of housing proposed. Maximum Score 5 Score: 0 COMMENT: The Applicant has requested 4 creative bonus points to honor Whipple Jones, Aspen Highlands founder and skiing pioneer, by paving for, and erecting an interpretive plaque to be located along Maroon Creek upstream from the pedestrian bridge. The applicant believes the plaque will contribute to the heritage of the local community and enhance the open space and trails experience. Austin Weiss of the City of Aspen Open Space noted that the trail already contains interpretive signs and was not in favor of an additional interpretive plaque at this time. Without the support of the City of Aspen Open Space, Staff recommends no bonus point be awarded. 7 TOTAL POINTS (with multiplier): Must meet minimum threshold of 13 points (with multipliers) to obtain an allotment for a new lot (bonus points are not included in the minimum threshold). Possible Subtotal Subtotal Points (without (with multipliers) multipliers) A. Impacts on Public and Private Facilities 8 6 8 B. Effect on the Environment 6 3 4 C. Achievement of Community Goals 4 4 4 D. Creative Bonus 5 0 0 TOTAL 23 16 Must meet minimum threshold of 13 points (with multipliers) to obtain an allotment for a new lot (bonus points are not included in the minimum threshold). ATTACHMENT B fTKIIN OU N IC9 Doremus Subdivision/PUD 1 message Parker Lathrop <parker.lathrop@aspenfire.com> To: Tami Kochen <tami.kochen@pitkincounty.com> Cc: ghorn@rof.net Tami Kochen <tam L kochen@pitki ncounty.com> Mon, Dec 5, 2016 at 3:44 PM Tami, It is my understanding that you need a letter from me stating how the acquisition of a side-by-side UTV from funds given by Andrew and Jeanne Doremus would be beneficial to the Aspen Highlands neighborhood. When I was first approached about what fire infrastructure could benefit that area my first thoughts were of wildfire and access. The neighborhoods off Maroon Creek Rd fall into what we call the Wildland Urban Interface, meaning they have a higher probability of a wildland fire and given the topography they also lack ease of access in the event of an emergency. Such a vehicle is more maneuverable and can utilize the area's single and double track trails for suppression, evacuation, and emergency response, things our current resources may be limited at if access is restricted. This would be a vital link if Maroon Creek Rd were ever cut off by an emergency by providing a means for service that we currently lack. These funds provide a great opportunity to help protect the lives and property of not just that neighborhood but the many neighborhoods in our district that suffer from the same or similar wildfire and access challenges. Please let me know if you have any questions or need more clarification. Thanks Parker Lathrop Deputy Chief / Fire Marshal Aspen Fire Protection District 420 E Hopkins Ave Aspen, Colo 81611 970.925.5532 Please don't print this e-mail unless you really need to. Under Colorado's Open Records Act (CORA), all e-mails sent by or to us on this District -owned e-mail account may be subject to public disclosure. PRIVACY NOTICE -- This electronic message transmission contains information from the Aspen Fire Protection District that may be confidential or privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is prohibited. If you have received this communication in error, please notify us immediately, and please delete the original message. ATTACHMENT C Davis Horn,', n�c PLANNING & REAL ESTATE CONSULTING December 6, 2016 Tami Kochen Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Re: Doremus Subdivision & Planned Unit Development — Exceptional Benefits for Site and Surrounding Parcels Dear Tami: We represent Andrew and Jeanne Doremus, Applicant, for the Doremus Subdivision & Planned Unit Development (PUD). Thank you for calling me last week to express your concerns regarding the possible failure of the proposed common open space to meet the Land Use Code PUD standards and for meeting with me this morning to discuss the issue further. As I said yesterday, I have met with Andrew and Jeanne and they want to continue to pursue approval for the PUD rather than abandoning their request for PUD approval. We are studying the Baldwin Tract and will prepare a plan to increase the size and configuration of the proposed common open space to meet the Code language which you have referenced that there are "exceptional benefits" associated with the "protection of desirable open space in Urban Areas." The Applicant has carefully reviewed the PUD section of the Code (3-70-30) in its entirety and believes the PUD designation is an effective planning tool which is ideal for the Doremus' parcel which is essentially an infill 2.4 +/- acre site surrounded by developed subdivided lots. The PUD designation allows for variation in standards to preserve unique site features which will result in "exceptional benefits" for site development and the neighboring properties. The County planning staff has focused on the words "exceptional benefits" interpreting it to mean the open space being preserved must be "exceptional." The Applicant disagrees with this Code interpretation. We believe that the preservation of the desirable open space enables the Applicant to develop a PUD which results "exceptional benefits" for the subject site and adjoining lots. The Code language which the staff has cited appears below. "(b) Uses of PUDs Planned Unit Development designations are used in Pitkin County only to achieve exceptional benefits in three ways critical to the implementation of the Pitkin County Comprehensive Plan: ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. - SUITE 104 - ASPEN, COLORADO 81611 - 970/925-6587 - FAX: 970/925-5180 adavis@rof.net ghorn@rof.net ATTACHMENT C (1) Preservation of rural character and/or desirable open space in Rural Areas, and/or; (2) Protection of desirable open space in Urban Areas; and/or (3) Provision of Affordable Housing in Urban Areas. The PUD designation may not be used to obtain variations from the requirements of the underlying zone district in return for additional amenities or benefits in ways other than rural character preservation, open space protection, or affordable housing." The PUD section of the Code needs to be considered in its entirety. In addition to focusing on the preceding language, one must also consider Section 3-70-30 i. 2. of the Land Use Code which establishes Criteria for PUD approval in the Urban Area. These criteria are addressed below. The criteria appear in bold followed by the Applicant's responses. (a) The proposed development (i) preserves and if possible enhances unique site features, and (ii) preserves and protects more open lands in their natural state than would be required by the underlying zone district. The Applicant is seeking PUD approval so that the new house proposed to be developed on Lot 2 can be located proximate to Glen Garry Drive and avoids necessitating the removal of the healthy stand of Aspen trees located on the north side of the lot which borders the existing lawn. There is not a minimum open space requirement in the R-30 zone district. The Applicant's proposal to create common open space via the PUD exceeds the open space standards of the underlying R-30 zone district. (b) The proposed development includes adequate open space for the mutual benefit of all residents and tenants of the proposed development, including residents of on-site affordable housing. Lot 2 is proposed to contain approximately 21,000 square feet of land which is less than the minimum lot size in the underlying R-30 zone. The Applicant is proposing to reduce the lot size below 30,000 feet to preserve the significant stand of Aspen trees located north of the proposed house site which borders the existing lawn. There will not be enough flat land available on Lot 2 for a garden because the lot size has been reduced. In order to address this concern, the Applicant is proposing to develop small gardens in the common open space parcel for the mutual benefit of the owners of Lots 1 and 2. There will be enough flat land and abundant sunshine to develop small vegetable gardens. (c) The proposed development includes adequate provisions for maintenance of common open space, and such provisions shall be included in a signed agreement between the owner and the County. ATTACHMENT C The PUD agreement will include adequate provisions for maintenance of the common open space. Additionally, the PUD agreement will include provisions for connections to water service for the proposed gardens. Section 3-70-30 c.5. of the Code requires the PUD to contain "common useable open space." The development of small vegetable gardens in the common open space complies with this standard. (d) The advantages to the County of the additional protection of desirable open space provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. The Applicant is proposing to vary the front yard setback on Lot 2 from 30 feet to 15 feet. The Applicant is seeking to establish a maximum permitted floor area on Lot 2 of 4,750 square feet based upon the floor area methodology for PUDs. The protection of the desirable common open space outweighs any disadvantages associated with the variations to the standards which would apply to the property given the underlying R-30 zoning. There is an additional benefit associated with the PUD: there will be an architectural review of the proposed house on Lot 2 and if the house on Lot 1 is ever redeveloped it will also be subject to architectural review. The architectural review requirement is a significant benefit to the lots which border the proposed subdivision: there are six lots in the Aspen Highlands Subdivision which surround and overlook the proposed Doremus Subdivision and PUD. The architectural review will insure the visual character of the neighborhood is protected as provided for by the Code's PUD standards. Please be sure to include this letter in the Planning and Zoning Commission's packet for the meeting on December 13. The Applicant is working on increasing the size and configuration of the common open space as well as identifying locations for the gardens. We plan on presenting the revised common open space plan to the Planning and Zoning Commission and will share it with you if it is completed prior to the meeting next Tuesday. Thanks again for working with us to improve the land use application to comply with the Land Use Code. DA IS HORN NCORPORATED GLENN HORN AICIP cc: Planning and Zoning Commission ATTACHMENT D Dav1s Horn- PLANNING & REAL ESTATE CONSULTING December 7, 2016 Tami Kochen Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Re: Doremus Subdivision & Planned Unit Development Dear Tami: We represent Andrew and Jeanne Doremus, Applicant, for the Doremus Subdivision & Planned Unit Development (PUD). As we discussed, during the land use review process we determined the existing car port located on Lot l was developed without a building permit. The Applicant would like to amend the Subdivision and PUD application to obtain land use approvals for the carport. We are planning to submit a residential Growth Management Quota System (GMQS) application in January seeking additional floor area for the existing carport. The attached survey depicts the location of the carport and topography for the area surrounding the carport. The mapping shows the carport has been well located on a flat spot between land forms to the north and south. It is not visible from Maroon Creek Road, Glen Gary Drive or neighboring lots. The Applicant requests the side yard setback to be varied as part of the PUD process to accommodate the carport in this location. Please contact me if you have any questions or comments related to the carport. Thank you. DAVIS HORN INCORPORATED GLENN HORN AICIP ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 adavis@rof.net ghorn@rof.net l/ \ POINT OF BEGINNING o� \ PARCEL 1 O FOUND REBAR Er 1" \ RED PLASTIC CAP / \ LS2547 0�`` \ O �sy'�y PARCEL 1 / KIDS Fo' s IMPROVEMENT & PARTIAL TOPOGRAPHIC SURVEY PLAT Lor 19 -FOUND REBAR Er I" \ l ED PLASTIC CAP \ LS2547 r s� e \ ``s� & I \ 09 , 00„ \ S1oo A PARCEL OF LAND SITUATED IN THE NE 1 I4NW 114 OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. Lor 17 OUND REBAR Er 1-1/4" YELLOW PLASTIC CAP LS2 3 76 BUILDING ENVELOPE AS SCALED FROM PLAT BOOK 40 AT PAGE 71 \ / °s - SEASONAL ---------------0" .r GREENHOUSE / / \\\ \ \0 \\ ___--FOUND REBAR F, 1 3.0' / \RED PLASTIC CAP / 28.9' / \ O / \ LS2547 FLAGSTONE !!'� \ SIZE WALK / N ASPEN 10" 20' 4.5' ui ASPEN 6" 12' 3 ASPEN 8" 16' 4 \ 10" i N \ 14" 28' N ASPEN 12" 24' 7 ASPEN \ 24' 15.0' ASPEN \ SPA Ln 9 ASPEN \ IN -GROUND \ 12 FLAGSTONE 16.0' 10.3' ASPEN TRAMPOLINE PATIO`n 11 ASPEN \ 16' 1.5' 34.5 0' ASPEN 8" 16' 13 ASPEN \ 20' ECK ASPEN \ � STEPS 15 ASPEN 10" 20' 16 LOT 8" ---_ ASPEN 12" 24' MULrr-LEVEL ASPEN \ 24' F2AME ASPEN \ 28' STUCCO ASPEN \ \ 18' 85 CARRY DRIVE ASPEN \ 20' ASPEN, COLORADO ASPEN 8" 16' 23 ASPEN 8" 16' 24 ASPEN 10" �Z LA6STONE 25 ASPEN 8" PATIO 26 COUNTY OF PITKIN, STATE OF COLORADO kv- - - - 1 l0� o L I FOUND REBAR Fr 1-1/4 %� $0 YELLOW PLASTIC CAT;' ILLEGIBLE 50.0' C 9.5 3.4' / 23.0' 6.3' � 1 / 20.6' / WOOD RETAININ 1 / WALL (TYPICAL) / 4, 2.358± AClES 102,722± S.F. / / \ N57°09'04"E 120.10' / \ (N57'13'00"E 120.00') 6 \ 1 \ Lor 5 \ S/ FOUND REBAIZ F� 1-1/4" ` O YELLOW PLASTIC CAP GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 2 i-3 8065 02T CA2 P 3 n' � "II % I I C)' cc 00 o I11/11, oo III I N 0)'f- M N M � rn� I 5.0' UTILITY EASEMENT ALONG I ALL LOT LINES WIT}fIN ASPEN I Hl(I (LANDS SUBDIVISION DITCH BOOK 2A PA6E 256 RI6ffT AND PRIVILE6E TO USE FOR WATER MAINS I BOOK 191 PAGE 15 POINT OFBE6INNIN6 I PARCEL 2 I -FOUND NO. 5 REBAR i / , I i (13aw 8- 8065 i s6 7 i 27 30 33 i 42 2 29 29 35 36 `'" 43 36 39 - 41 0 i 8070 - - `'601 i � - - - - 8075_ ILLEGIBLE 1 1 N09°01'27"W 50.54' I \ (NO8`56'00"W 50.34)�("ao 0 8075 808-5�\ I SET REBAR £r 1-1/4" \ `� YELLOW PLASTIC CAP LS38215 6 1`\ 080 <� 48 ro� Lor 16 _ s� 9 Oy,oS-; e� 9>0 O OUND 1.0' WITNESS REBAR & 1-1/4" ORANGE PLASTIC CAP LS19598 I � �1 / CEL 2 Lor 15 h O o 49 \ \ '-"5' \ / \ \ � N43°52'31 "W 54.25' (N44°14'00"W 54.50') / A =31'36'26" \ \ ..... �8o8s \ 120 2 =150.62'\ \ FOUND REBA12 £r 1-1/4" / ti ❑ L =83.09' \ YELLOW PLASTIC CAP / CE CB= N60°11'47"W \ o \ LS2376 / C =82.04' \ / SETREBAR & 1-1/4° YELLOW PLASTIC CAP \ CLFN C�122Y \ LS38215 \ (60' R`NHT- -.OF- WA'Y) SLOPE LEGEND 0% TO 15% 15% TO 30% 30% TO 45% GREATER THAN 45% LEGEND ❑£ TREE CHART z > z Opo 0 TREE TYPE SIZE DRIP 1 ASPEN 10" 20' 2 ASPEN 6" 12' 3 ASPEN 8" 16' 4 ASPEN 10" 20' 5 ASPEN 14" 28' 6 ASPEN 12" 24' 7 ASPEN 12" 24' 8 ASPEN 12" 24' 9 ASPEN 8" 16' 10 ASPEN 8" 16' 11 ASPEN 8" 16' 12 ASPEN 8" 16' 13 ASPEN 10" 20' 14 ASPEN 10" 20' 15 ASPEN 10" 20' 16 ASPEN 8" 16' 17 ASPEN 12" 24' 18 ASPEN 12" 24' 19 ASPEN 14" 28' 20 ASPEN 9" 18' 21 ASPEN 10" 20' 22 ASPEN 8" 16' 23 ASPEN 8" 16' 24 ASPEN 10" 20' 25 ASPEN 8" 16' 26 ASPEN 8" 16' 27 ASPEN 8" 16' 28 ASPEN 7" 14' 29 ASPEN 11" 22' 30 ASPEN 9" 18' 31 ASPEN 9" 18' 32 ASPEN 9" 18' 33 ASPEN 6" 12' 34 ASPEN 8" 16' 35 ASPEN 7" 14' 36 ASPEN 8" 16' 37 ASPEN 10" 20' 38 ASPEN 8" 16' 39 ASPEN 10" 20' 40 1 ASPEN 8" 16' 41 ASPEN 9" 18' 42 ASPEN 6" 12' 43 CONIFEROUS 8" 12' 44 ASPEN 9" 18' 45 ASPEN 9" 18' 46 ASPEN 8" 16' 47 ASPEN 8" 16' 48 ASPEN 6" 12' 49 ASPEN 7" 14' 50 1 ASPEN 8" 16' 51 ASPEN 10" 20' LEGEND ❑£ ELECTRICAL METER z > z Opo 0 ELECTRIC PEDESTAL U� � O CATV PEDESTAL D 6AS METER cQ) POWER POLE ■� ELECTRICAL TRANSFORMER SO SANITARY MANHOLE � F" O o WOOD FENCE Jw <U (y) OVERHEAD POWER LINE ( ) RECORD DATA PROPERTY DESCRIPTION STEWART TITLE GUARANTY COMPANY COMMITMENT NO. 01330-83455 EFFECTIVE DATE: JUNE 30, 2016. b1:T�3X�iE A TRACT OF LAND SITUATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT (BEING SOUTH 39'51' WEST 685.83 FEET FROM THE NORTH 1/4 CORNER SECTION 14) WHICH IS ON SOUTH LINE OF LOT 19, ASPEN HIGHLANDS SUBDIVISION DITCH BOOK 2A, PAGE 256 AND ON THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK BOOK 119, PAGE 40. THENCE ALONG THE SOUTHERN BOUNDARY OF LOT 19 THE WESTERN BOUNDARY OF LOTS 17, 16 & 15 AND THE NORTHERN BOUNDARY OF LOTS 5 AND 4, ASPEN HIGHLANDS SUBDIVISION AS FOLLOWS: SOUTH 38'04' EAST 74.36 FEET; SOUTH 54'09' EAST 140.00 FEET; SOUTH 29'45' EAST 50.00 FEET; SOUTH 09'24' WEST 200.00 FEET, SOUTH 5713' WEST 120.00 FEET; NORTH 38'00' WEST 332.22 FEET TO THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK BOOK 119 AT PAGE 40; THENCE NORTH 3951' EAST 240.25 FEET ALONG THE EAST BOUNDARY OF FRED ISELIN MEMORIAL PARK TO THE POINT OF BEGINNING. PARCEL II: A PORTION OF LOT 15, BLOCK 1, ASPEN HIGHLANDS SUBDIVISION RECORDED MARCH 8, 1960 IN PLAT BOOK 2A AT PAGE 256 AS RECEPTION NO. 109384 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE COMMON CORNER BETWEEN LOTS 15 AND 16 ON THE MOST WESTERLY SIDE OF SAID LOTS, BEING THE POINT OF BEGINNING, THENCE SOUTH 57 -05'49 -EAST A DISTANCE OF 79.70 FEET; THENCE SOUTH 18'36'55"WEST A DISTANCE OF 159.77 FEET, THENCE NORTH 44'14'00" WEST A DISTANCE OF 54.50 FEET; THENCE ON A CURVE WHOSE CHORD BEARS NORTH 60'02'12"WEST A DISTANCE OF 82.04 FEET, WHOSE RADIUS IS 150.62 FEET; THENCE NORTH 08'56'00" WEST A DISTANCE OF 50.34 FEET, THENCE NORTH 5713'00" EAST A DISTANCE OF 120.0 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO NOTES: 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N39'37'40"E BETWEEN FOUND REBARS AND 1" RED PLASTIC CAPS LS2547 AS SHOWN HEREON. 2. DATES OF SURVEY' JULY 13-14, 2016. 3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON ASPEN HIGHLANDS SUBDIVISION RECORDED JUNE 9, 1958 IN PLAT BOOK DITCH 2A AT PAGE 256, MINOR AMENDMENT TO ANDREW AND JEANNE DOREMUS 1041/GENERAL SUBMISSION SITE PLAN PLAT BOOK 40 PAGE 71 AND CORNERS FOUND IN PLACE AS SHOWN HEREON. 5. THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH COUNTRY ENGINEERING, INC. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, HIGH COUNTRY ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. 01330-83455 ISSUED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE: JUNE 30, 2016. 6. THE SUBJECT PROPERTY LIES WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE 500 -YEAR FLOODPLAIN ACCORDING TO FEMA FIRM MAP COMMUNITY PANEL NO. 08097CO203 C DATED: JUNE 4, 1987. 7. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S 159 HAVING AN ELEVATION OF 7720.88. 8. CONTOUR INTERVAL EQUALS 1 FOOT. 9. THIS PROPERTY IS SUBJECT TO GRANT OF EASEMENT FOR A PERPETUAL AVIGATION EASEMENT RECORDED JULY 8, 1993 IN BOOK 717 AT PAGE 260. SURVEYOR'S CERTIFICATION I, RODNEY P. KISER, HEREBY CERTIFY TO ANDREW DOREMUS, THAT THIS IS AN "IMPROVEMENT SURVEY PLAT" AS DEFINED BY C.R.S.38-51-102(9) AND THAT IT IS A MONUMENTED LAND SURVEY SHOWING THE LOCATION OF ALL STRUCTURES, VISIBLE UTILITIES, FENCES, HEDGES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS. LINEAR ERROR OF CLOSURE IS LESS THAN 1:15,000. RODNEY P. KISER, PLS NO. 38215 COLORADO PROFESSIONAL LAND SURVEYOR -0 l5 %O Q' CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT O'CLOCK__.M., ON THE __ DAY OF_____, A.D. 2016, AND IS DULY RECORDED IN BOOK PAGE ___, RECEPTION NO._________ CLERK AND RECORDER BY: DEPUTY IY Lu W U L, w ¢�O� z > z Opo 0 you -j 0wz� U� � O ZQ�Z) EO ,- Imo- FW (n��m (j=2 � N �� N z Q (j °o�w °o O O z o>- � F" O o �WWO Q Q IY Jw <U (y) m0>U` NL -QW U Uppl O Z m w Z Z iZ W } m U F - o: _ W Q�Jo oCL � ZZ m ^ Zr, O 0� (f)0� �J� LL � d U rO V 0 CL D a 0 0 T } o O d IT w i!? w 00 �Oi- 0 C]W O I- WZ [L ~ Lou d 12 C wZw0 w N CV 0 O N co � 0.. r IL 0IT m N m o 00 N z Y O U z W L) V to Z T. N IF" w11 W,- Z W000 N° U �- w Z Z iZ W } m U WU)op _ W Q�Jo � ZZ m ^ Zr, O 0� (f)0� �J� LL C] z rO V 0 a rx V 0 T PROJECT NO. 216172'1 I OF 'I W L) w�O 0 =) USZ O 0� (f)0� LL C] 0 � 0 IT � i!? V 00 �Oi- }}� WZ [L -jZ C wZw0 0 d d W 't W 1 Z .. J O W I- G. w a" PROJECT NO. 216172'1 I OF 'I AGENDA ITEM SUMMARY TO: Board of County Commissioners Regular Meeting — December 21, 2016 THRU: Cindy Houben, Community Development Director FROM: Tami Kochen, Planner RE: Forwarding 2016 Urban Growth Boundary Residential GMQS competition scores for new lots and parcels SUMMARY: The attached resolution of the Planning and Zoning Commission forwards the 2016 Urban Growth Boundary Residential GMQS scores for the competition for new subdivision lots and parcels. The following development applications were submitted for the 2016 competition in the Urban Growth Boundary: ■ Doremus: Requesting 4,750 square feet of floor area for a single family residence on a new lot. The Applicant is also requesting Subdivision Conceptual Submission, Rezoning to a Planned Unit Development (PUD), PUD Review, and Activity Envelope approval. The property is located at 85 Glen Garry Drive and is described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract. 501 Buttermilk LLC: Requesting 10,750 square feet of floor area for a single family residence on a new lot. The Applicant is also requesting Subdivision Conceptual Submission, Rezoning to a Planned Unit Development (PUD), PUD Review, and Activity Envelope approval. The property is located at 501 West Buttermilk Road and is legally described as a tract of land located in Government Lots 17,18, 19, 20, and 21 in Section 3, Township 10 south, Ranch 85 West of the 6' P.M. There are 23,000 square feet available in the Urban Growth Boundary for the 2016 residential GMQS competition for new subdivisions and newly created parcels. The Commission gave the Doremus application a score of 16 points, which exceeds the threshold of 13 points; therefore, the lot is eligible for the requested development allotment. The Commission continued the 501 Buttermilk LLC application to January 3rd, 2017. Any appeals of the scoring must be filed in writing within 15 days of the Commission's public hearing. Once the 15 day appeal period has expired, the BOCC shall by resolution allocate the allotments. RECOMMENDATION: No action is required at this time. RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, FORWARDING THE 2016 URBAN GROWTH BOUNDARY RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM SCORES FOR NEW RESIDENTIAL SUBDIVISIONS TO THE BOARD OF COUNTY COMMISSIONERS Resolution No. PZ- -2016 RECITALS On December 13, 2016, the Planning and Zoning Commission ("Commission") held a duly noticed public hearing at which time evidence and testimony were presented with respect to Growth Management applications. 2. The Commission reviewed the following application for the 2016 Urban Growth Boundary Residential GMQS competition for new lots and parcels: ■ Doremus: Requesting 4,750 square feet of floor area for a single family residence on a new lot. The Applicant is also requesting Subdivision Conceptual Submission, Rezoning to a Planned Unit Development (PUD), PUD Review, and Activity Envelope approval. The property is located at 85 Glen Garry Drive and is described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract. There are 23,000 square feet available in the Urban Growth Boundary for the 2016 residential GMQS competition for new lots and parcels. 4. The Commission gave the Doremus application a score of 16 points, which exceeds the threshold of 13 points; therefore, the lot is eligible for the requested development allotment. NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2016 Urban Growth Boundary GMQS scores for new subdivisions and parcels to the Board of County Commissioners, and recommends that the BOCC grant the requested development allotment to the Doremus lot. APPROVED ON THE 21 s'day of December, 2016. Resolution No. PZ --2016 Page 2 PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO Jeff Conklin, Chair Date ATTEST: Bonnie Shiles, Administrative Assistant APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney Cindy Houben, Community Development Director P066-16 273514201007 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Tami Kochen, Planner RE: Doremus GMQS Application for New Lot in the Urban Growth Boundary, Subdivision Conceptual Submission, Rezoning to Planned Unit Development (PUD), PUD Review, and Activity Envelope Review DATE: December 13, 2016 SUMMARY OF REQUEST: The Applicant is requesting a growth management allotment of 4,750 square feet of floor area for a single-family residence on a newly subdivided lot in the Urban Growth Boundary (UGB). In addition, the Applicant is requesting conceptual subdivision approval to subdivide the property into two lots, to rezone the subdivision with a PUD overlay in order to vary setbacks, lot size, and preserve open space, and to establish an Activity Envelope on the new lot. APPLICANTS: Andrew & Jeanne Doremus REPRESENTATIVE: Davis Horn Inc. LOCATION: 85 Glen Garry Drive, Aspen Highlands Block 1, Lot 15 (Westerly part of Lot 15 plus Baldwin Tract) ZONING/LOT SIZE: The lot is zoned R-30 and contains 2.35 acres. PROCEDURE/PROCESS: Scoring of the Growth Management application is conducted by the Planning and Zoning Commission. The Planning Commission forwards, by resolution, the ranking of the development applications. Upon receipt of the Planning Commission resolution forwarding the scores or subsequent to the conclusion of all appeal hearings, the BOCC by resolution allocates development allotments to the eligible applicants. If the growth management application meets threshold, the Planning Commission will separately consider the Subdivision Conceptual Submission and Activity Envelope requests and make a recommendation to the BOCC. HISTORY: In 1960, the Board of County Commissioners approved the Aspen Highlands Subdivision. The original Plat is recorded in Book 2 at Page 256. Surrounded by the subdivision, but not part of the subdivision was a portion of the subject property referred to on the Plat as the Baldwin Tract. According to Stewart Title's October 19, 1990 letter, the westerly part of Lot 15, a .4 acre parcel contiguous to the Baldwin Tract, was created as an exception to a deed in 1961. In 1991, Pitkin County Attorney, Tim Whitsitt determined that since the .4 acre parcel "is not shown on the Aspen Highlands Subdivision Plat, but is only a portion of one of the lots, it can, and does merge with the adjacent properties under single ownership." The merging of the .4 acre parcel with the Baldwin Tract created parcel #273514201007. The parcel was created prior to June 12, 1978, and therefore exempt from GMQS pursuant to Sec. 6-30- 100(a). In 1991, Andrew & Jeanne Doremus, owners of the merged parcel, submitted a residential GMQS/Subdivision/ PUD and Special Review land use application. The application sought a two lot subdivision and associated GMQS allotments. Lot 1 was proposed to be developed with a free-market single family dwelling unit while Lot 2 was proposed to be developed with a duplex containing one free- market unit and one deed restricted low-income unit. The Board approved Resolution No. 91-136 denying the Subdivision/PUD Special Review requests and approving General submission for a single family dwelling. The Board found "the proposed subdivision incompatible with the neighborhood and inconsistent with Scenic Quality provisions of the Land Use Code by creating Lot 2 in an area which will have adverse impacts on adjacent lots." The Resolution approved "construction of one single family dwelling on the envelope identified as Lot 1 of the application consistent with the General Submission provisions of the County Code for one single family dwelling subject to conditions of development, and the project site is entitled to one GMQS exemption ..." Pitkin County approved the Andrew & Jeanne Doremus 1041/General Submission Site Plan in 1992 recorded in Plat Book 28 at Page 55. In 1994 the Applicant developed the parcel with a 4,915 square foot single family home pursuant to BOCC Resolution 91-136. A Minor Amendment to a Development Permit to adjust the building envelope was approved in a 1996 Memorandum from Lance Clarke to Cindy Houben. In 1997, the Planning and Zoning Commission approved Resolution No. PZ 97-13 granting Special Review Approval for a Single Family Home with More than Five Bedrooms. Most recently two additions to the home were permitted in 1998 and 2003 making the current home approximately 5,693 square feet. *It should be noted that after a staff site visit, it was determined that the carport structure had not been permitted nor counted in floor area in the submitted application. It is located in the east side yard setback. The applicant intends to compete in the January 15"', 2017 GMQS competition to attain the necessary floor area to allow the structure to remain. If the GMQS allotments are not granted, the structure will be removed. If GMQS allotments are granted, further review to approve a side yard setback variance will be required during detailed PUD submission. EXISTING CONDITIONS: The 102,722 square foot property currently contains a single-family residence, a carport structure and small greenhouse. The property is bordered by Fred Iselin Memorial Park to the north, Aspen Highlands Subdivision Lots 4 & 5 to the west, Glenn Gary Drive to the south, and Aspen Highlands Lots 15, 16, 17 and 19 to the east. PROPOSAL: The Applicant is seeking approval for rezoning to a PUD, subdivision approval and a GMQS allotment to develop one additional single family dwelling unit (rather than the duplex proposed in 1991). Additionally, an 8,889+ square foot common open space parcel is proposed to be located northwest of Lot 1 adjacent to Fred Iselin Memorial Park. REFERRAL COMMENTS: The application was referred to Aspen Highlands Subdivision, City of Aspen Open Space, Aspen Fire Protection District, and Aspen City Planning. Comments from Parker Lanthrop are attached for reference. Austin Weiss with the City of Aspen Open Space verbally supported the application. 2 STAFF COMMENTS: URBAN GROWTH BOUNDARY GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) ALLOTMENTS FOR NEW LOTS AND PARCELS (SECTION 6-10): An annual ceiling of 23,000 square feet of floor area is available in the Urban Growth Boundary for new lots/parcels. The Applicant is requesting an allotment of 4,750 square feet of floor area for a newly subdivided lot. Staff's recommended scoring for this project is attached. Please note that a development in the Urban Growth Boundary must receive a minimum score of 13 points to obtain an allocation. Staff has recommended a score of 16 points for this application, which exceeds the minimum score required. Section 6-40-20(b) of the Code states, "Receipt of an allotment or eligibility for an exemption is a pre- requisite to continuation in the land use review process. If an allocation or exemption is denied, any other land use applications that are pending for the property shall be denied as well." If the application does not meet threshold when scored by the Planning Commission, then the Subdivision and Activity Envelope requests shall also be denied. SUBDIVISION CONCEPTUAL SUBMISSION: The proposed subdivision is surrounded by subdivided land where the average lot size is 36,500 square feet and the average house size is 4,858 square feet (based off County Assessor Records). The Applicant proposes to subdivide the 102,722 square foot property into two lots. Lot 1, the "fathering parcel" would contain approximately 72,868 square feet. Lot 2, where the new residence is proposed, would contain 20,965 square feet and have a maximum floor area of 4,750 square feet, and a maximum gross floor area of 5,750 square feet. The Applicant is seeking approval of a PUD, which will permit the Lot 2 to be less than the required 30,000 square feet in the R-30 zone district. Approval of the conceptual subdivision is subject to a finding of compliance with Sections 2-40-50(i) and 7- 70 of the Code. 2-40-50(i) Criteria for Approval. A conceptual or detailed subdivision or PUD application may be recommended for approval and may be approved only if the Board finds that all of the following criteria have been met: (1) The application complies with all applicable provisions of this Land Use Code; (2) The application complies with all applicable Land Use Policies listed in Sec. 1-60; Staff Response: It appears that the application complies with all applicable provision of the Code, including the land use policies. (3) The application complies with all prior development approvals applicable to the subject property; Staff Response: The application complies with prior development approvals applicable to the property and understands the applicable approvals for the carport will need to be attained or the structure will need to be removed prior to Detailed Submission/Final Plat approval. (4) The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located; Staff Response: The Applicant is seeking PUD designation to vary the size of Lot 2 to less than 30,000 square feet, and to vary the front yard setback. The variation in the dimensional standards will enable the Applicant to save trees on the northwest side of Lot 2 and enables the Applicant to preserve an open space parcel contiguous with the Maroon Creek Road scenic corridor. Lot 1 will remain conforming in size within the R-30 zone district. The average floor area ratio of the two lots will conform with the .13 floor area ratio standard in the R-30 zone district. (5) The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code; Staff Response: The proposed new lot will be located adjacent to Glen Garry Drive, which helps to minimize the amount of land disturbance and provides access to existing utilities and services. There is no wildlife habitat or riparian areas on the property. (6) The proposed subdivision or PUD will not result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; (7) The proposed subdivision or PUD will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated; Staff Response: The new lot will not result in significant adverse impacts on the natural environment. The Applicant has committed to an architectural review by the Aspen Highlands Subdivision for development of Lot 2 or the redevelopment of Lot 1. (8) Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development; Staff Response: The additional single family residence will not affect the adequacy and sufficiency of public facilities. Exactions for roads, employee housing, parks/recreation/open space and schools will be required. (9) In addition, a rezoning to a PUD designation shall only be recommended or approved if the Planning and Zoning Commission or the Board of County Commissioners, as applicable, determines that the standard criteria for a rezoning set forth in 2-40-10(c) have been met Staff Response: The proposed rezoning is consistent with the Aspen Area Community Plan and the criteria in Sec. 2-40-10(c) that are addressed below. 4 SUBDIVISION (Section 7-70): Compliance with Comprehensive Plan and Zone District: Each subdivision of land that does not qualify for a Subdivision Exemption (a) shall be generally consistent with all applicable provisions of the Comprehensive Plan for the area in which the land is located, and (b) shall comply with all requirements for the zone district in which the land is located, including without limitation the description of the zone district and related standards contained in Chapter 3; any requirements related to the proposed use of the land contained in Chapter 4; dimensional requirements related to the proposed use of the land contained in Chapter 5; all applicable requirements of and all applicable development standards contained in this Chapter 7. Staff Response: The proposed subdivision is surrounded by subdivided land with lot sizes averaging between 30,000 and 40,000 square feet in size. The development is consistent with the Aspen Area Community Plan and compatible with the surrounding neighborhood. The PUD overlay will permit the new lot to be less than the required 30,000 square feet in the R-30 but the two lot subdivision will have density of one lot per 51,360 square feet with 8,889 square foot parcel created for open space. The PUD designation will also vary the front yard setback from 30 to 15 feet to preserve mature vegetation on the northwest side of Lot 2. Development Phasing: No subdivision of land shall be approved if the indicated staging of development will generate service or facility demands in advance of the fiscal and physical ability of the County or districts to provide within their budgets. Staff Response: The infrastructure exists to serve the new lot and has the capacity to serve the lot. Road Construction, Improvements or Maintenance Costs: A proposed subdivision of land shall only be approved if any special road construction, improvement or maintenance cost assignable to the proposal and to be borne by the County at large can be met within both short-term and long-term County budgets without tax increases that might otherwise be unnecessary. Staff Response: No road improvements will be required as a result of the subdivision. County Acceptance of Utilities or Facilities: A proposed subdivision of land shall only be approved if any utility or facility to be provided by the developer for acceptance and future operation and/or maintenance by the County, or any district within the County is planned, designed and constructed and prior to its acceptance by the County or district, operated and maintained in a manner that protects the public from any expenses to correct deficiencies in the utility or facility. Accessibility of Public Facilities: A proposed subdivision of land shall only be approved if the location and layout of the proposal are such that necessary public facilities can be provided to the area without the need for additional public expenditures for service expansions. Staff Response: No new utilities or facilities are proposed. Management of Construction Impacts: A proposed subdivision of land shall only be approved if the short-term construction impacts on roads, fire and police substations, schools, public services such as solid waste collection, snow removal and public transportation have been or will be mitigated by the developer. Staff Response: The Applicant commits to mitigate all short-term construction impacts. Improvement Agreements: In order to confirm compliance with the provisions of this Sec. 7-70, a signed Improvement Agreement between the applicant ant the County will generally be required in connection with any subdivision of land. Provisions on Improvement Agreements are found in Sec. 2-20- 130(a). Staff Response: A Subdivision Improvements Agreement will not be necessary for the two lot subdivision. REZONING TO PUD: The Applicant requests a rezoning of the property with a PUD designation in order to vary the lot size for Lot 2 and to vary front and side yard setbacks in the R-30 zone district. Sec. 3-70-30(c) of the Code states that a PUD designation may be requested within any zone district within the Urban Area, provided that it is intended to protect desirable open space or increase the production or availability of affordable housing. The proposed PUD will protect desirable open space and is within the UGB. The proposed rezoning with a PUD designation must comply with the following standards of Sections 2- 30-40(i) and 2-40-10(c)(2&3): Sec. 2-30-400). An application for two-step review [rezoning] shall be recommended for approval and shall be approved if it complies with (a) All applicable provisions of this Land Use Code; (b) All applicable Land Use Policies listed in Section 1-60; and (c) All prior development approvals applicable to the subject property. Response: These criteria are addressed in the subdivision criteria above. Sec. 2-40-10(c)(2). In addition to complying with the provisions of Sec. 2-30-40(1) in connection with each proposed rezoning, the Board shall consider the following: (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment,- Response: mendment; Response: The Aspen Highlands Subdivision has been largely developed; a few vacant lots remain. The subject parcel is an enclave surrounded by the Aspen Highlands Subdivision and Fred Iselin Memorial Park to the north. Since the 1991 application, the County approved (and the City of Aspen subsequently annexed) the Moore PUD (now Five Trees Subdivision) and the Aspen Highlands Subdivision/PUD at the ski area base; both developments greatly increased the residential density and changed the character of the surrounding area. The PUD designation will allow the property to be subdivided and developed in a manner compatible with the immediate neighborhood, while minimizing impacts on the scenic Maroon Creek Road corridor. 0 (b) The effect of the proposed rezoning and development on traffic generation and road safety. Response: The rezoning to PUD will not generate additional traffic beyond what would be generated without the PUD rezoning. Sec. 2-40-10(c)(3). A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s); Response: Consistency with the AACP is addressed above. (b) Are consistent with all applicable sections of this Land Use Code; Response: Consistency with the Land Use Code is addressed throughout this memorandum. (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics,- Response: haracteristics; Response: The subdivision would remain compatible with the surrounding "urban -like" neighborhood within the UGB. The average lot size in the Aspen Highlands Subdivision is approximately 36,500 square feet, which provides an average of 4,745 square feet of floor area based on the Floor Area Ratio of .13. The applicant proposed to limit the floor area of Lot 1 (with a larger lot size of 72,868 square feet) to 8,171 square feet and Lot 2 to 4,750 square feet; these house sizes are compatible with the neighborhood. (d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; Response: The rezoning with a PUD designation will not exceed the capacity of available public facilities. (e) Do not result in significant adverse impacts on the natural environment; Response: The rezoning with a PUD designation to accommodate the second lot and open space parcel will result in insignificant adverse impacts on the natural environment. 69 Are consistent and compatible with the community character; and Response: The rezoning with a PUD designation is considered consistent and compatible with the community character. (g) Do not conflict with the public interest. 7 Response: The rezoning with a PUD designation to vary the setbacks and lot area will not conflict with the public interest. PUD CRITERIA: Sec. 3-70-30(h), Variations of Dimensional Standards: The yard setbacks and minimum lot area may be varied only if the county determines that the proposed dimensions result in a development that: 1. Is generally consistent with the scale of surrounding development; Response: As stated above, development will be consistent with the surrounding development in the area. 2. Does not significantly reduce sunlight or create significantly increased shadowing of roads, pedestrian paths, or developed residential properties; Response: Varying these standards will not result in these adverse impacts. 3. For any increase in height, is accompanied by increased setbacks along any property line adjacent to single or multi family uses; Response: No increase in height is requested. 4. Provides protection for the water quality and wildlife habitat in rivers and streams at least equal to that if the dimensions had not been varied; and Response: The proposed variations have no impact on water quality and wildlife habitat in rivers and streams. S. Provides areas within the PUD allocated for common usable open space. The common open space shall be used and be suitable for scenic, landscaping or recreation purposes. The common usable open space shall be protected from future development, and shall be guaranteed to be available for use by residents of the entire property, through a deed restriction or other legal document, acceptable to the County, and recorded with the clerk and recorder of Pitkin County. Response: The Applicant proposes to create a common open space parcel which will be protected from any future development. Lot 1 will grant Lot 2 a pedestrian easement to provide access to the open space parcel. The conditions placed on the open space parcel will be determined at Detailed Subdivision. Sec. 3-70-30(1)(2), Protection of Open Space in the Urban Area: A PUD designed to protect desirable open space in the Urban Area shall only be approved if the County finds that all of the following criteria have been met: (a) The proposed development (i) preserves and if possible enhances unique site features, and (ii) preserves and protects more open lands in their natural state than would be required by the underlying zone district. (b) The proposed development includes adequate open space for the mutual benefit of all residents and tenants of the proposed development, including residents of on-site affordable housing. (c) The proposed development includes adequate provisions for maintenance of common open space, and such provisions shall be included in a signed agreement between the owner and the County. (d) The advantages to the County of the additional protection of desirable open space provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. Response: The Applicant has proposed to create an approximately 8,889 square foot common open space parcel adjacent to the Fred Iselin Memorial Park along Maroon Creek scenic corridor, as identified in on the Conceptual Subdivision Plan in the application. The Applicant is currently working on increasing the size and changing the configuration of the open space parcel which will be presented at the December 13'1i Planning and Zoning Commission meeting. Staff discussed with the Applicant that Maroon Creek Road is designated as a Major Road which requires a 100' setback and therefore much of the proposed open space parcel is protected to a degree. Staff also questioned the "exceptional benefits" of the proposed open space. The applicant plans to increase the open space area thereby protecting more open lands in their natural state than would be required by the existing code standards. ACTIVITY ENVELOPE: The Applicant has requested approval of an activity envelope within which to construct a single family residence on the newly subdivided lot. The envelope is free of any constrained areas. Site Plan review will be required prior to submission of any development applications. Site Preparation and Grading: The Applicant will comply with the applicable provisions. Steep/Potentially Unstable Slopes & Grading: The activity envelope avoids all slopes in excess of 30%. The small areas of slopes in excess of 30% on the Lot have been excluded from the envelope. Water Courses & Drainage: There are no watercourses on the property. The Applicant commits to comply with the provisions of this section as part of the Detailed/Final Plat Review. Floodplain: The property is not within the 100 -year floodplain. Geologic Hazards: There are no geologic hazards known to affect the property. Wildfire: The proposed development is within a low wildfire hazard area. The Applicant commits to comply with the standard wildfire mitigation measures in the Land Use Code. Wildlife: Jonathan Lowsky of Colorado Wildlife Science LLC and Kurtis Tesch, CPW District Wildlife Manager assessed the property in July 2016. They concluded the development would not result in consequential impacts to wildlife because the property does not contain mapped or otherwise known habitat protected by the Land Use Code. River and Stream Corridors and Wetlands: The property does not contain any of the protected features identified in the Code. 0 RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the BOCC to grant a growth management allotment for 4,750 square feet of floor area for a new lot, conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by the Community Development Department and recorded against the property, prior to issuance of a building permit to utilize the awarded floor area. Staff further recommends that the Planning Commission recommend approval to the BOCC of the Rezoning to Planned Unit Development, Conceptual Subdivision and Activity Envelope, subject to the conditions outlined below: 1. The Applicants shall adhere to all material representations made during the application process. 2. Prior to Detailed Submission/Final Plat application, the Applicant shall: A. Obtain the necessary approvals and permits for the carport on Lot 1 or remove the structure. B. Remove the greenhouse encroaching in the Maroon Creek Road setback. 3. With the Detailed Submission/Final Plat application, the Applicant shall: A. Provide a draft a covenant restricting the Subdivision/PUD against further subdivision. B. Submit will serve letters from utility companies. C. Provide a draft PUD agreement which shall include the specific uses and activities to be allowed on the Open Space Parcel. D. Establish an Activity Envelope on Lot 1 encompassing existing development. 4. The following shall be delineated on the Final Plat: A. A driveway easement across Lot 2 to benefit Lot 1. B. A pedestrian easement across Lot 1 to the benefit of Lot 2 to access the Open Space. 5. Concurrent with recordation of the Final Plat and prior to submission of the Site Plan Review application for Lot 2, the Applicant shall record an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. 6. Prior to submission of any building or other development permit applications for Lot 2, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. 7. Prior to issuance of a building permit for the residence on Lot 2 or redevelopment of the residence on Lot 1, the Applicant shall obtain architectural review approval from the Aspen Highlands Subdivision. 8. Prior to issuance any building permits for Lot 2, the Applicant shall: 10 A. Obtain an access permit for any improvements to the driveway on Lot 2, which shall be approved by the Planning Engineer and the Community Development Department. B. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. D. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District. E. Pay the applicable road and employee housing impact fees. F. Submit a construction management plan for review and approval by the Planning Engineer. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree mitigation plan. H. 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. I. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. I Make a cash payment of $5,000 to the Aspen School District for transportation planning and related traffic issues. K. Make a cash payment of $15,000 to the Aspen Fire Protection District to assist them in attaining a side-by-side UTV. L. Make a cash payment of $8,000 to the City of Aspen Parks Department for improvements to the Government Trail and Bridge. 9. Lot 1 is approved to develop up to 8,171 square feet of floor area of which 5,750 is exempt from growth management. The use and approval of transferable development rights (TDRs) or growth management allocations to exceed 8,171 square feet of floor area on the property is strictly prohibited. 10. Lot 2 is approved to develop up to 4,750 square feet of floor area and 1,000 square feet of exempt below grade or garage space, for a maximum gross floor area of 5,750 square feet. The use and approval of transferable development rights (TDRs) or growth management allocations to exceed 5,750 square feet of gross floor area on the property is strictly prohibited. 11. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: 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 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 ten -foot (10') perimeter around all structures. 2) All branches from trees and brush within 30 feet of all structures (or to the property line) shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 11 3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may touch and interconnect, as long as ladder fuels have been removed from beneath trees. 4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least 10' from the house. 5) Up to 5 evergreen trees are allowed within 30' of all structures, but should be limbed to 10' and shall not have any flammable fuels underneath the trees. These trees shall be separated by at least 20', unless clumped together (no more than 3 trees in a clump) in which case the clump shall be separated by at least 30' from another clump or individual tree. 6) No trees shall be within 15' of any window. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 8) All deadfall up to a one hundred (100) foot perimeter or the property line shall be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. 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 roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch 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. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 12 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 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 two (2) hour fire -resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground. 12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, and installation of an approved fire sprinkler system. 13. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. 14. No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 16. 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. 17. 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. ATTACHMENTS: A. Staff's recommended scoring B. Aspen Fire referral comments C. Davis Horn Inc. PUD Designation Letter D. Davis Horn Inc. Unpermitted Carport Survey & Letter Application provided separately 13 El" VETO 11u 111►Y W.1 URBAN AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION FOR ADDITIONAL FLOOR AREA STAFF'S RECOMMENDED SCORING NAME OF PROJECT: DOREMUS, 85 GLEN GARRY DR. DATE: 12/13/16 6-10-10: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL FRg11171NOV 1oleo V The Planning and Zoning Commission shall consider each application with respect to the standards described below, and shall assign points according to the following schedules: (a) [Impacts on Public and Private Facilities (1) Considering whether an applicant has provided a commitment to install those public and private facilities that are necessary to serve the development and also to install facilities that may be of benefit to the surrounding neighborhood. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed facilities do not comply with the County's adopted standards or do not meet the needs of the project. (b) One (1) means the proposed facilities comply with the County's adopted standards and provide for the needs of the project, but do not improve services to the surrounding neighborhood. (c) Two (2) means the proposed facilities comply with the County's adopted standards, provide for the needs of the project, and help to solve a problem or resolve a constraint with existing facilities, or otherwise are of benefit to the surrounding neighborhood. Any such improvements proposed must also be consistent with adopted County plans addressing such facilities and must be determined to be necessary and appropriate by the referral agency charged with utilizing the facility or providing the related service. (2) The categories in which points shall be awarded are as follows: (a) Fire Protection 1, Capability of the appropriate fire protection district to provide fire protection according to its established response standards, including whether appropriate access has been provided to the development site, with necessary vehicle turnouts and turn -around pads; 2. Adequacy of available water pressure and capacity for providing fire -fighting flows; and 3. Commitment of an applicant to provide or pay for fire protection facilities that may be necessitated by the project or that may improve fire protection capabilities in the neighborhood, including but not limited to fire hydrants, water storage tanks or ponds, and fire fighting vehicles or equipment. Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: The property is located within the Aspen Fire Protection District. Parker Lathrup and Rick Balentine of the Fire District have indicated the Distinct is capable of serving the proposed residence, and it will not necessitate additional fire fighting facilities or capabilities. The property can be accessed directly from Glen Garry Drive. A turn around area is not necessary as Glen Garry Drive has access from Glen Eagles Road and Maroon Creek Road. An existing fire hydrant is within 300' of the Lot and in adequate proximity to the proposed residence. The applicant commits to contribute $15,000 to the Aspen Fire Protection District to help them attain a side-by-side UTV. Parker stated that the neighborhoods off Maroon Creek Rd are in the Wildland Urban Interface which have a higher probability of a wildland fire, and the acquisition of a UTV would be "a vital link if Maroon Creek Road were ever cut off by an emergency Staff finds the donation of $15,000 to assist in the Fire Department in attaining an UTV helps to improve fire protection capabilities in the neighborhood and therefore recommends a score of 2. (b) Road System 1. Capability of the public road network to provide for the needs of the proposed development within acceptable levels of safety, as defined in the Pitkin County Asset Management Plan; and 2. Applicant's commitment to provide or pay for necessary road system improvements attributable to the proposed development or to improve road capacity or safety in the neighborhood. Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: The property is accessed via Maroon Creek Road and Glen Eagles Drive and is 1/4 mile from the Aspen Public Schools. Traffic congestion during peak times is an issue of concern. The Applicant discussed the traffic issues with John Maloy, Superintendent of the Aspen School District. He noted the City of Aspen has been workingin with the Aspen School District to conduct transportation planning studies. Several projects are planned and additional studies may be needed. The applicant has committed to donate $5,000 to the School District for transportation planning assistance and related traffic issues. Matt Langhorst of High Country Engineering provided a Memorandum indicating the Maroon Creek Road corridor is capable of accommodating the traffic associated with an additional single- family dwelling unit. Despite the applicant's limited impact on peak hour traffic in the corridor, the Applicant has committed to contribute to improving road capacity and safety in the neighborhood; therefore, staff recommends a score of 2. (c) Transit and Trail Systems 1. Whether the proposed development site is located in proximity to existing transit routes and trail systems and whether appropriate on-site connections are made to these routes and trails; 2. Capability of the transit system to accommodate the proposed development without the need for additional equipment or route shifts; N 3. Commitment of the applicant to finance or provide capital improvements (such as a bus, bus shelter, or trail connection) that enhance the ability of the transit or trail system to serve the proposed development, or to provide an easement for a trail that has been identified in the Pitkin County Comprehensive Plan; and/or an easement for a trail that has generally been identified as a public access need. Maximum Score 4 Score: 2 x 2 (multiplier) = 4 COMMENT: The property is located near the Castle Creek/ Aspen Highlands bus route. It is within easy walking distance of an existing RFTA bus stop, the Government Trail, Aspen Public Schools, and the Aspen Recreation Center. The transit system can currently accommodate an additional single-family house with out the need for additional equipment or route shifts. The proposed subdivision is also adjacent to Fred Iselin Memorial Park which is across Maroon Creek Road and the Government Trail. The applicant has discussed the state of the trail with Austin Weiss of the City of Aspen Parks Department. Austin indicated that the trail and bridge over the creek are in poor condition and are in need of repair. Austin estimates the project would roughly total $20,000-$25,000 to complete. The Applicant has committed to donating $8,000 to the City of Aspen Parks Department for Government Trail improvements. The commitment helps to solve a problem or resolve a constraint with existing facilities, or otherwise benefits the surrounding neighborhood, therefore, staff recommends a score of 2. Impacts on Public and Private Facilities Subtotal:—8 (b) jEffect on the Environment (1) Considering the enviromnental impacts of the proposed development and whether the applicant commits to actions that will have a positive effect on the natural environment in Pitkin County, thereby achieving an overall benefit for the community. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed development does not comply with the applicable adopted County environmental standards. (b) One (1) means the proposed development complies with (but does not exceed) the applicable adopted County environmental standards. (c) Two (2) means the proposed development exceeds the applicable adopted County environmental standards, or the proposed development complies with the applicable adopted County environmental standards and helps to solve an existing environmental problem. To receive a score of 2 in any category, an applicant shall exceed an adopted standard or solve an existing problem as expressed in at least one of the standards in that category, but need not do so in all of the standards of that category. (2) The categories in which points shall be awarded are as follows: (a) Water Resources Considering the overall impacts of the development on local and regional water resources, including: 1. The extent to which the proposed development of the property will comply with or will exceed (by more than fifty (50) percent) the minimum stream setbacks and riparian and wetland buffers established in Table 5-1 and Sec. 7-20-80 of this Land Use Code. 2. Whether an applicant commits to the dedication of water rights to an appropriate public agency or other actions that will contribute to the protection of minimum stream flows and address a documented need in Pitkin County. 3. Whether an applicant commits to retain irrigation water rights with agricultural or open space lands that are part of the development. 4. Whether an applicant commits to the implementation of techniques that will improve the efficiency of existing irrigation systems and commits to dedicate the remaining water to minimum in -stream flows, or increases the amount of agricultural land or protected open space that is able to be irrigated within the development. 5. Whether an applicant proposes a water augmentation plan that will replace water that is to be used by the development with augmentation water that re-enters the stream either (i) upstream of the development, or (ii) at the same point of diversion employed by the development (that is, bringing "wet water" to the County), or (iii) downstream of the development, but still upstream of the in -stream depletion areas in Pitkin County. Maximum Score 4 Score: 1 x 2 (multiplier) = 2 COMMENT: The proposed development will be set back more than 150' from any stream, wetland or riparian area. Water service can be provided by City of Aspen via the existing water line in Glen Garry Drive. The property does not include any water rights that can be dedicated or augmented, and does not have any irrigation water rights, agricultural or open space lands. The proposed development complies with, but does not exceed the applicable standards, therefore, staff recommends a score of 2. (b) Wildlife Habitat Protection Considering the extent to which the proposed development will contribute to the protection of wildlife habitat in Pitkin County by exceeding the standards of Sec. 7-20- 70. The County has identified the following activity that qualifies as exceeding the adopted standards: An applicant could commit to a program that would enhance or would restore native wildlife habitat that has been degraded by human or animal activity (for example, by creating or restoring wetlands and/or riparian habitat). On-site enhancement is preferred, but where there are no significant opportunities for on- site enhancement or restoration, a commitment to enhance or restore other sites in Pitkin County may be considered. 2. Applicants may also identify other innovative ways in which wildlife habitat can be protected in Pitkin County that would exceed the County's adopted wildlife standards. Applicants with no mapped or known wildlife habitat on their entire lot or parcel shall receive a score of two (2) in this category. Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: A wildlife and ecological assessment was conducted by Jonathan Lowskyof Colorado Wildlife Science LLC in August 2016. His study concluded that the property does not contain any mapped or known County regulated wildlife habitat. Kurtis Tesch of Colorado Parks and Wildlife also visited the property. in 2016 and concurred with the finding. Therefore, the Applicant is eligible for a score of 2. Effect on the Environment Subtotal: 4 (C) jAchievement of Community Goals (1) OPEN SPACE PRESERVATION (a) Considering the extent to which the proposed development will contribute to the preservation of open space in Pitkin County. Valued open space that an applicant could preserve includes: 1. Undeveloped lands that have wildlife, scenic, and other desirable resource values; 2. Agricultural lands, including those that have been historically irrigated, used for food, grains or other feed production, and those used for dry pasture and rangeland; 3. Lands, or easements over lands, which provide access to public lands or public waters; and 4. Other undeveloped lands whose preservation would be consistent with the adopted Pitkin County Comprehensive Plan. (b) Points shall be awarded according to the following schedule: 1. Zero (0) means the proposed development does not preserve any of the valued open space within the property. 2. One (1) means the proposed development preserves some, but not all of the valued open space within the property. 3. Two (2) means the proposed development preserves all of the valued open space within the property. 4. If the entire lot or parcel does not contain any valued open space, the applicant shall receive a score of two (2). Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: The nronerty does not contain land valuable to wildlife. but is adiacent to portion of the Fred Iselin Memorial Park that is on the east side of Maroon Creek Road. The park is highly visible from Maroon Creek Road which is a designated Pitkin County scenic corridor. The applicant proposes a 8,889 square foot Open Space Parcel for the benefit of Lot 1 & Lot 2 adjacent to the Fred Iselin Park. The applicant suggests the Open Space would create an additional scenic buffer as viewed from Maroon Creek Road. 5 Maroon Creek Road is designated as a Major Road which requires a 100' setback. Therefore the additional Open Space designation in the setback area creates minimal additional scenic benefits. However, the Open Space Parcel does "preserve all of the valued open space within the propeLty" and provides additional protection to ensure that no development will occur within the setback, therefore staff recommends a score of 2. (2) HAZARD MITIGATIONAND AVOIDANCE Considering the extent to which the proposal mitigates the impacts of development or avoids locating development in floodplain hazard, geologic hazard, or wildfire hazard areas, as these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed development does not comply with the County's adopted standards for floodplain, geologic, and wildfire hazard areas. (b) One (1) means the proposed development complies with the County's adopted mitigation standards for development in floodplain, geologic, and wildfire hazard areas, but includes some development activities on slopes in excess of thirty (30) percent or in areas subject to severe wildfire hazards. (c) Two (2) means the proposed development complies with the County's adopted mitigation standards for development in floodplain, geologic, and wildfire hazard areas and includes no development activities on slopes in excess of thirty (30) percent or in areas subject to severe wildfire hazards. Maximum Score 2 Score: 2 x 1 (multiplier) = 2 COMMENT: The property is not within the floodplain; no development will occur on slopes in excess of 30%, and there are no geologic hazard areas on the property. The wildfire hazard is rated as low. Staff finds that a score of 2 is appropriate due to compliance with hazard mitigation and avoidance. Achievement of Community Goals Subtotal: 4 (d) lCreative Bonus The Planning and Zoning Commission may award bonus points to any development application that meets the overall minimum scoring threshold to obtain an allocation, as specified in Tables 6- 7 and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), and go beyond the standards established in each of the respective categories. Bonus points may also be awarded for creative approaches that have not been addressed in any of the scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), but that are consistent with and help to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may be awarded as follows: (1) One (1) bonus point may be awarded for each creative approach an applicant proposes that is consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 (a), (b), and (c), and goes beyond the standards established in that category. Co (2) One (1) bonus point may be awarded for each creative approach an applicant proposes that is consistent with and helps to implement the Pitkin County Comprehensive Plan. (3) One (1) bonus point may be awarded to any applicant who proposes to build affordable housing, rather than pay the Employee Housing Impact Fee required by Section 8-30 of this Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply with the County's adopted affordable housing policies and guidelines in terms of its location and the type of housing proposed. Maximum Score 5 Score: 0 COMMENT: The Applicant has requested 4 creative bonus points to honor Whipple Jones, Aspen Highlands founder and skiing pioneer, by paving for, and erecting an interpretive plaque to be located along Maroon Creek upstream from the pedestrian bridge. The applicant believes the plaque will contribute to the heritage of the local community and enhance the open space and trails experience. Austin Weiss of the City of Aspen Open Space noted that the trail already contains interpretive signs and was not in favor of an additional interpretive plaque at this time. Without the support of the City of Aspen Open Space, Staff recommends no bonus point be awarded. 7 TOTAL POINTS (with multiplier): Must meet minimum threshold of 13 points (with multipliers) to obtain an allotment for a new lot (bonus points are not included in the minimum threshold). Possible Subtotal Subtotal Points (without (with multipliers) multipliers) A. Impacts on Public and Private Facilities 8 6 8 B. Effect on the Environment 6 3 4 C. Achievement of Community Goals 4 4 4 D. Creative Bonus 5 0 0 TOTAL 23 16 Must meet minimum threshold of 13 points (with multipliers) to obtain an allotment for a new lot (bonus points are not included in the minimum threshold). ATTACHMENT B fTKIIN OU N IC9 Doremus Subdivision/PUD 1 message Parker Lathrop <parker.lathrop@aspenfire.com> To: Tami Kochen <tami.kochen@pitkincounty.com> Cc: ghorn@rof.net Tami Kochen <tam L kochen@pitki ncounty.com> Mon, Dec 5, 2016 at 3:44 PM Tami, It is my understanding that you need a letter from me stating how the acquisition of a side-by-side UTV from funds given by Andrew and Jeanne Doremus would be beneficial to the Aspen Highlands neighborhood. When I was first approached about what fire infrastructure could benefit that area my first thoughts were of wildfire and access. The neighborhoods off Maroon Creek Rd fall into what we call the Wildland Urban Interface, meaning they have a higher probability of a wildland fire and given the topography they also lack ease of access in the event of an emergency. Such a vehicle is more maneuverable and can utilize the area's single and double track trails for suppression, evacuation, and emergency response, things our current resources may be limited at if access is restricted. This would be a vital link if Maroon Creek Rd were ever cut off by an emergency by providing a means for service that we currently lack. These funds provide a great opportunity to help protect the lives and property of not just that neighborhood but the many neighborhoods in our district that suffer from the same or similar wildfire and access challenges. Please let me know if you have any questions or need more clarification. Thanks Parker Lathrop Deputy Chief / Fire Marshal Aspen Fire Protection District 420 E Hopkins Ave Aspen, Colo 81611 970.925.5532 Please don't print this e-mail unless you really need to. Under Colorado's Open Records Act (CORA), all e-mails sent by or to us on this District -owned e-mail account may be subject to public disclosure. PRIVACY NOTICE -- This electronic message transmission contains information from the Aspen Fire Protection District that may be confidential or privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is prohibited. If you have received this communication in error, please notify us immediately, and please delete the original message. ATTACHMENT C Davis Horn,', n�c PLANNING & REAL ESTATE CONSULTING December 6, 2016 Tami Kochen Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Re: Doremus Subdivision & Planned Unit Development — Exceptional Benefits for Site and Surrounding Parcels Dear Tami: We represent Andrew and Jeanne Doremus, Applicant, for the Doremus Subdivision & Planned Unit Development (PUD). Thank you for calling me last week to express your concerns regarding the possible failure of the proposed common open space to meet the Land Use Code PUD standards and for meeting with me this morning to discuss the issue further. As I said yesterday, I have met with Andrew and Jeanne and they want to continue to pursue approval for the PUD rather than abandoning their request for PUD approval. We are studying the Baldwin Tract and will prepare a plan to increase the size and configuration of the proposed common open space to meet the Code language which you have referenced that there are "exceptional benefits" associated with the "protection of desirable open space in Urban Areas." The Applicant has carefully reviewed the PUD section of the Code (3-70-30) in its entirety and believes the PUD designation is an effective planning tool which is ideal for the Doremus' parcel which is essentially an infill 2.4 +/- acre site surrounded by developed subdivided lots. The PUD designation allows for variation in standards to preserve unique site features which will result in "exceptional benefits" for site development and the neighboring properties. The County planning staff has focused on the words "exceptional benefits" interpreting it to mean the open space being preserved must be "exceptional." The Applicant disagrees with this Code interpretation. We believe that the preservation of the desirable open space enables the Applicant to develop a PUD which results "exceptional benefits" for the subject site and adjoining lots. The Code language which the staff has cited appears below. "(b) Uses of PUDs Planned Unit Development designations are used in Pitkin County only to achieve exceptional benefits in three ways critical to the implementation of the Pitkin County Comprehensive Plan: ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. - SUITE 104 - ASPEN, COLORADO 81611 - 970/925-6587 - FAX: 970/925-5180 adavis@rof.net ghorn@rof.net ATTACHMENT C (1) Preservation of rural character and/or desirable open space in Rural Areas, and/or; (2) Protection of desirable open space in Urban Areas; and/or (3) Provision of Affordable Housing in Urban Areas. The PUD designation may not be used to obtain variations from the requirements of the underlying zone district in return for additional amenities or benefits in ways other than rural character preservation, open space protection, or affordable housing." The PUD section of the Code needs to be considered in its entirety. In addition to focusing on the preceding language, one must also consider Section 3-70-30 i. 2. of the Land Use Code which establishes Criteria for PUD approval in the Urban Area. These criteria are addressed below. The criteria appear in bold followed by the Applicant's responses. (a) The proposed development (i) preserves and if possible enhances unique site features, and (ii) preserves and protects more open lands in their natural state than would be required by the underlying zone district. The Applicant is seeking PUD approval so that the new house proposed to be developed on Lot 2 can be located proximate to Glen Garry Drive and avoids necessitating the removal of the healthy stand of Aspen trees located on the north side of the lot which borders the existing lawn. There is not a minimum open space requirement in the R-30 zone district. The Applicant's proposal to create common open space via the PUD exceeds the open space standards of the underlying R-30 zone district. (b) The proposed development includes adequate open space for the mutual benefit of all residents and tenants of the proposed development, including residents of on-site affordable housing. Lot 2 is proposed to contain approximately 21,000 square feet of land which is less than the minimum lot size in the underlying R-30 zone. The Applicant is proposing to reduce the lot size below 30,000 feet to preserve the significant stand of Aspen trees located north of the proposed house site which borders the existing lawn. There will not be enough flat land available on Lot 2 for a garden because the lot size has been reduced. In order to address this concern, the Applicant is proposing to develop small gardens in the common open space parcel for the mutual benefit of the owners of Lots 1 and 2. There will be enough flat land and abundant sunshine to develop small vegetable gardens. (c) The proposed development includes adequate provisions for maintenance of common open space, and such provisions shall be included in a signed agreement between the owner and the County. ATTACHMENT C The PUD agreement will include adequate provisions for maintenance of the common open space. Additionally, the PUD agreement will include provisions for connections to water service for the proposed gardens. Section 3-70-30 c.5. of the Code requires the PUD to contain "common useable open space." The development of small vegetable gardens in the common open space complies with this standard. (d) The advantages to the County of the additional protection of desirable open space provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. The Applicant is proposing to vary the front yard setback on Lot 2 from 30 feet to 15 feet. The Applicant is seeking to establish a maximum permitted floor area on Lot 2 of 4,750 square feet based upon the floor area methodology for PUDs. The protection of the desirable common open space outweighs any disadvantages associated with the variations to the standards which would apply to the property given the underlying R-30 zoning. There is an additional benefit associated with the PUD: there will be an architectural review of the proposed house on Lot 2 and if the house on Lot 1 is ever redeveloped it will also be subject to architectural review. The architectural review requirement is a significant benefit to the lots which border the proposed subdivision: there are six lots in the Aspen Highlands Subdivision which surround and overlook the proposed Doremus Subdivision and PUD. The architectural review will insure the visual character of the neighborhood is protected as provided for by the Code's PUD standards. Please be sure to include this letter in the Planning and Zoning Commission's packet for the meeting on December 13. The Applicant is working on increasing the size and configuration of the common open space as well as identifying locations for the gardens. We plan on presenting the revised common open space plan to the Planning and Zoning Commission and will share it with you if it is completed prior to the meeting next Tuesday. Thanks again for working with us to improve the land use application to comply with the Land Use Code. DA IS HORN NCORPORATED GLENN HORN AICIP cc: Planning and Zoning Commission ATTACHMENT D Dav1s Horn- PLANNING & REAL ESTATE CONSULTING December 7, 2016 Tami Kochen Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Re: Doremus Subdivision & Planned Unit Development Dear Tami: We represent Andrew and Jeanne Doremus, Applicant, for the Doremus Subdivision & Planned Unit Development (PUD). As we discussed, during the land use review process we determined the existing car port located on Lot l was developed without a building permit. The Applicant would like to amend the Subdivision and PUD application to obtain land use approvals for the carport. We are planning to submit a residential Growth Management Quota System (GMQS) application in January seeking additional floor area for the existing carport. The attached survey depicts the location of the carport and topography for the area surrounding the carport. The mapping shows the carport has been well located on a flat spot between land forms to the north and south. It is not visible from Maroon Creek Road, Glen Gary Drive or neighboring lots. The Applicant requests the side yard setback to be varied as part of the PUD process to accommodate the carport in this location. Please contact me if you have any questions or comments related to the carport. Thank you. DAVIS HORN INCORPORATED GLENN HORN AICIP ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 adavis@rof.net ghorn@rof.net RE: 2016 URBAN GROWTH BOUNDARY RESIDENTIAL GMQS COMPETITION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 13, 2016 at a meeting to begin at 5:00 PM before the Pitkin County Planning and Zoning Commission, in Pitkin County Library Dunaway Community Meeting Room, 120 North Mill Street, Aspen, Colorado to score the following applications for growth management allotments for new development rights in the Urban Growth Boundary: Doremus (P066-16) (85 Glen Gary Drive, Aspen, CO 81611): Requesting subdivision approval to split the above mentioned property into 2 lots and obtain a GMQS allotment for the development right for the new lot. The property is currently developed with a single family residence. The property is located at 85 Glen Garry Drive and is legally described as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract. The State Parcel Identification Number for this property is 2735-142-01-007. For further information contact Tami Kochen, at the Pitkin County Community Development Department (970) 920-5359. 501 Buttermilk LLC (P067-16) (501 West Buttermilk Road, Aspen, CO 81611): Requesting subdivision approval to split the above mentioned property into 2 lots and obtain a GMQS allotment for the development right for the new lot. The property is located at 501 West Buttermilk Road and is legally described as a tract of land located in Government Lots 17, 18, 19, 20, and 21 in Section 3, Township 10 south, Ranch 85 West of the 6th P.M. The State Parcel Identification Number for this property is 2735-031-00- 001. For further information contact Mike Kraemer, at the Pitkin County Community Development Department (970) 920-5482. s/ Jeffrey J. Conklin, Chair Pitkin County Planning and Zoning Commission Published in the Aspen Times Weekly on November 10, 2016. Pitkin County Account 002.02. Public—Private — x is Private x ATTACHMENT B fTKIIN OU N IC9 Doremus Subdivision/PUD 1 message Parker Lathrop <parker.lathrop@aspenfire.com> To: Tami Kochen <tami.kochen@pitkincounty.com> Cc: ghorn@rof.net Tami Kochen <tam L kochen@pitki ncounty.com> Mon, Dec 5, 2016 at 3:44 PM Tami, It is my understanding that you need a letter from me stating how the acquisition of a side-by-side UTV from funds given by Andrew and Jeanne Doremus would be beneficial to the Aspen Highlands neighborhood. When I was first approached about what fire infrastructure could benefit that area my first thoughts were of wildfire and access. The neighborhoods off Maroon Creek Rd fall into what we call the Wildland Urban Interface, meaning they have a higher probability of a wildland fire and given the topography they also lack ease of access in the event of an emergency. Such a vehicle is more maneuverable and can utilize the area's single and double track trails for suppression, evacuation, and emergency response, things our current resources may be limited at if access is restricted. This would be a vital link if Maroon Creek Rd were ever cut off by an emergency by providing a means for service that we currently lack. These funds provide a great opportunity to help protect the lives and property of not just that neighborhood but the many neighborhoods in our district that suffer from the same or similar wildfire and access challenges. Please let me know if you have any questions or need more clarification. Thanks Parker Lathrop Deputy Chief / Fire Marshal Aspen Fire Protection District 420 E Hopkins Ave Aspen, Colo 81611 970.925.5532 Please don't print this e-mail unless you really need to. Under Colorado's Open Records Act (CORA), all e-mails sent by or to us on this District -owned e-mail account may be subject to public disclosure. PRIVACY NOTICE -- This electronic message transmission contains information from the Aspen Fire Protection District that may be confidential or privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is prohibited. If you have received this communication in error, please notify us immediately, and please delete the original message.