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Home My WebLink Aboutbocc.res.070.2017 RECEPTION#: 643673, R' $0 00, 0: $0 00 DOC CODE RESOLUTION Pg t of 3, 12/07/2017 at 02:57'03 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE HORSESHOE LODE ACTIVITY ENVELOPE AMENDMENT Resolution No.016-2017 RECITALS I Pursuant to Section 28 4 (Actions) of the Pitkin County lime Rule Charter("HRC').all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. Horseshoe Aspen Mountain LLC("Applicant")has submitted an application to the Board of County Commissioners of Pitkin County,Colorado("BOCC")to amend the Activity Envelope approved pursuant to BOCC Resolution No.098-2015 to extend the envelope to the south into an area previously designated an Avalanche Red Zone and to the east and west into slopes in excess of 45%. The Applicant is also requesting to amend the condition requiring mitigation for avalanche hazard along the driveway 3. The property n located on Midnight Mine Road and is more specifically described as the Horseshoe Lode,U S.Mineral Survey No 6010, located in Section 25,Township 10 South, Range 85 West of the 6°i P.M 4. The property is zoned Rural/Remote and contains 10 1 I acres 5. The parcel was created by patent in 1892 A cabin was built on the property without County approval or permit in the 1980s. 6. The prior owner applied to establish an Activity Envelope on the parcel. The Community Development Director("Director")denied the application,pursuant to Administrative Decision No 58-2015. The Director found that two areas included in the Activity Envelope were within the High Hazard/Red Avalanche Zone—the northern portion of the driveway and the area at the southern end of the envelope that was designated for"Subsurface Use Only" in which to install an on-site wastewater treatment system Land Use Code Sec 7-20-50(a)(I)prohibits development within High I lazard Zone. 7. The Applicant submitted a request for a takings determination pursuant to Sec. 2-40-150 of the Code to determine whether the Director's denial of the application constituted a taking of private property without gist compensation. In Resolution No.098-2015.the BOCC found that a taking had occurred, and remediated the taking by approving an Activity Envelope that avoided the High Hazard/Red Avalanche Zone at the southern end of the envelope and acknowledged that the envelope could not be accessed on the existing driveway without crossing the High Hazard/Red Avalanche zone. The Activity Envelope Plan was recorded in Plat Book 114 at Page 77 The cabin was removed as required by Condition#2 of the Resolution 3 the BOCC considered this application at a regular meeting on October 11,2017,at which time evidence and testimony was presented with respect to the application Rem,lunon No . d-2017 Page 2 4. The BOCC finds that further analysis of the avalanche hazard on the site by avalanche expert Hal Hartman(SPH Works LLC) has been evaluated by Colorado Geological Survey(CGS)and the Colorado Avalanche Information Center(LAIC), with the conclusion that the expanded activity envelope is within an Avalanche Moderate Hazard Zone("Blue Zone"), rather than an Avalanche High Hazard Zone("Red Zone")as previously designated, and that the avalanche hazard within the expanded building envelope can be mitigated Since Land Use Code Sec. 7-20-50(a)(2)allows development in a Blue Zone,subject to mitigation, the envelope may be expanded to the south within the Blue Zone with the condition that avalanche hazard mitigation is required for any occupied structures 5 The BOCC further finds that the envelope shall not be further extended to the east and west of the approved envelope into slopes in excess of 45%, where development is prohibited by Land Use Code Sec. 7-20-20(h),absent a demonstration at Site Plan Review that the approved Activity Envelope is not adequate to accommodate the specific development proposed. 6 The BOCC further finds the owner should address mitigation along the driveway,as required in Condition#4A of Resolution No. 098-2015 7 1 he BOCC finds that it is in the best interests of the citizens of Pia in County to approve this Resolution NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby approves the Horseshoe Lode Activity Envelope Amendment,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 on behalf of the county: 1 The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval,unless amended by other conditions 2 All conditions of BOCC Resolution No. 098-2015 shall remain in full force and effect,except as amended herein. Condition No.2 of Resolution No 098-2015 has been satisfied 3 Prior to submission of the Site Plan Renew application,the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Amended Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2 I 1 The above referenced approvals shall be a condition precedent to finalization and recordation The Activity Envelope may be extended to the south within the Blue Zone, but may not be extended to the east and west into additional slopes m excess of 45% 4. 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 right;associated with this property. Resolution Nom., Page 3 APPROVED AND ADOPTED on the 11111 day of October,2017 BOARD OF COUNTY COMMISSIONERS, PIT IN CO��,,UNTY,COLORADO By .�"t(..0//' i ' . � V� George W ewmah,Chair ATT4ST: , lam Jeanette Jones.Clerk to to BOCC APPROVED AS TO CONTENT APPROVED AS TO FORM: t/ / r/_1= Cm ouben " .IohnEls Community Development Director m-Attorney Case SP059-17 PID 9273525200035