HomeMy WebLinkAboutpitkin.eh.273511400852 (1998)_ORDilllll 11111 IN 111111111111111111111
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ORDINANCE
K ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING A REZONING FROM AFR-10 TO AM/PUD FOR
A PORTION OF THE ASPEN VALLEY RANCH
Ordinance No. 98--y2—
Recitals
The Aspen Valley Ranch and the Aspen School District(hereafter "Applicant') have applied
to the Pitkin County Board of County Commissioners (hereafter "Board") for a subdivision
approval to create a site for School District affordable housing.
2. The Community Development Department in consultation with the applicant determined the
request would require the proposed site to be rezoned from AFR-10 to AH3/PUD.
3. The property is described on Exhibit "A" attached and consists of approximately 14 acres.
4. The proposed zone change is from AFR-10 (Agricultural, Forestry, Residential) to AH3/
PUD (Affordable Housing/Planned Unit Development).
5. The Planning and Zoning Commission heard this rezoning proposal at regularly scheduled
public meetings on January 20, and April 28, 1998, at which time they recommended
approval of the requested zoning change.
6. The Board heard the rezoning request at their regularly scheduled and duly noticed public
hearing on September 9, 1998, at which time evidence and testimony were presented with
respect to this application.
7. The Board finds that this rezoning proposal provides for the location of an important
affordable housing component and is in conformance with the Land Use Code. .
NOW THEREFORE BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby rezones the proposed 14 acre Aspen Valley Ranch/Aspen School
District parcel from AFR-10 to AH3/PUD, as described in exhibit A, attached, subject to the
rezoning being effective upon the approval and recordation of the Final Subdivision Plat for the
11 lot site.
INTRODUCED AND FIRST READ at a regular meeting and public hearing on the 9th
day of September, 1998.
APPROVED AND ADOPTED after second reading on the 23rd day of September,
1998.
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Ordinance No. 98--y-,.3
Page 2
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 29th
day of August, 1998.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the jLmday of
��o��r, 1998.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING ADOPTION
BY THE BOARD
ATTEST:
7
J I yAIDe
Deputy Clerk and Recorder
APPROVED AS TO FORM
John Ely
County Attorney
P102-98
2735-114-008-52
C:lancec/wstrord.doc
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris, Chair
DATE: tO —/ 9 -
RECOMMENDED FOR ADOPTION
_ �A-1,4 ( " 4t�<<�
Cindy Houben I) Nn
Community Development Director
AW
I Mill Hill HIM 11111111111111111111 ME 11111111111 Hill IIII IN
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A aortal of iGrrd si&+Gtad :'n :a+c:iani oMMiv 9 SaUdr, RMgr.
3.5 449sr of the gbh ?.i1. --vrng. "n0ra ,oartfcularry described ar
foi/cw.r
3 ginning at a =nr grants :he S 1/4 career
far .;ecdon : spa 3 Sam&. Range �Lg hesr or
the 5& r? .3/: boars ;V 38'„2'78"" Z' 7977.37- fast dremr
along _re ,-orthany .'rgrrc--Ir—Way of' and ,bio Grande
Riai foaod dre faiAM09 purses:
N 58V4,564P 5fs' N; IMES8 :iget 7renca.•
241.64 feet aicng the arc Of a =rve tQ the !&t. having a
radius of 1482 S8 few o C--n&Ci angio of 09'20' 16.. orrd
subtending a bearing N 62'45714' W, 241.37 feet,
thayrca leaving sme ,night of *oy :me On a tours bearing
N 30'OD'w" a .307.23 feed thenar jv 90'00,00' E 778 QQ
Met them= S .:0100100' # 914.4J feet to- bra paint' of
beginning, =ntefrring 14:195 acres more or /esu
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING DETAILED SUBDIVISION/FINAL PLAT
APPROVAL TO THF FEST RANCH SUBDIVISION AFFORDABLE HOUSING
PROJECT
Resolution No. 98- / Z9
RECITALS
1. Aspen Valley Ranch and the Aspen School District, hereinafter, "Applicant", has
applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter,
"Board", for approval of a Subdivision/PUD Final Plat pursuant to the Pitkin County
Land Use Code.
2. The subject property is located on. Aspen Valley Ranch in Woody Creek and is more
specifically described in Exhibit A, attached.
4. The Board heard this application at a regularly scheduled Public Hearing on
September 9, 1998, at which time evidence and testimony were presented with respect to
this application.
5. The Board determined that the proposed activity meets the applicable criteria
established in the Land Use Code, provided the conditions listed in this resolution are
adhered to.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Pitkin County, Colorado, that it does hereby grant Subdivision/PUD Final Plat
approval to the West Ranch affordable housing project, subject to the following
conditions:
1. The Applicant or development entity or successors and assigns shall adhere to
material representations made in the applications and in the public meetings.
2. All conditions and requirements of BOCC Resolution No. 98 - _LJ (Conceptual
Subdivision/PUD) shall be adhered to unless specifically modified by the terms of these
conditions.
3. Prior to recordation of the Final Plat the County Attorney's Office shall review and
approve the Final Plat documents, the Subdivision Improvements Agreement, and the
Homeowners Association Declarations, Bylaws, and Articles of Incorporation for form and
content.
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Resolution No. 98--L7-8
Page 2
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4. Prior to recordation of the Final Plat the applicant shall present a final plat and GIS
disk meeting all requirements of the Code for review and approval of the County Engineer,
the County Attorney, and Community Development Director.
5. Prior to recordation of the Final Plat the applicant shall agree in writing that two
months prior to the anticipated date of issuing certificates of occupancy, the final air quality
mitigation plan must be submitted to the Environmental Health Department.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 29th DAY OF AUGUST, 1998.
INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD AT THE
REGULAR MEETING ON THE 9TH DAY OF SEPTEMBER, 1998.
APPROVED AND ADOPTED AFTER SECOND READING ON THE 23rd DAY
OF SEPTEMBER, 1998.
PUB1LISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
JrdDAY OF OcenV- r ,1998.
s
ATTEST:
Deputy Clerk and Recorder
APPROVED AS TO FORM
J y
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
,�
92 2z/GJti2�
Dorothea Farris, Chair
DATE: hyh?'
RECOMMENDED FOR ADOPTION
C
Cindy Houben
Community Development Director
I II�III "III "I"I IIII�I I'I' IIII'I'I"I III "II' II'1 ("I
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> EXHIBIT A a 48'-! %8
~yam
A aarc* of :and sitraatw :17 2aca0n ownsniv g Doth, Ronge-
85 Wwt of she Sth ring moat 7arficwdrry described ar
foiiaws
3eginning ar z =nt vnewe ',,7e S 1/4 =mar
far .:ecyan 'ownwvb 3 Z=&. Rance 3. 4%st sr
the 5& �z..V. " rs :V 58'.x''8' 7977. 37 ; pat lrer
Qiong -he .wrtharry rV7t-ar-wcy Of dre mer :enc .�ric wa=de
Raiirwd the liodaw:ng caurses.
N 58'04 56' W, 1-185.53 :-wt them
241.54 ray r along It& = of a curve to he !ert, having a
mCius of 14 Z 38 ; eet o ---ntrct angio of 09'ZQ' 16 ; and
subtending a rare e+aring N _4Z4S'G4' W, 241.E rent,
therrca 4aWrYq scid V7t of *oY : ine on z =urs& : egnffnq
11t 30'OD"OfJ� _ .:07.23 ;ieetz thencr N 9trW W' c T 100
feel; thence S 30'X W7 * 914.4.3 feet to- ate point of
mr nq• --antauring 14:195 =-w more or Am=
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RESOLUTION OF THE BOARD OF COUNTY COMNUSSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING CONCEPTUAL SUBDIVISION/PUD AND
1041 HAZARD REVIEW APPROVAL TO THE WEST RANCH SUBDIVISION
AFFORDABLE HOUSING PROJECT
Resolution No. 98--y-
1. Aspen Valley Ranch and the Aspen School District, hereinafter, "Applicant", has
applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter,
"Board", for approval of a Conceptual Subdivision/PUD and 1041 Hazard Review,
pursuant to the Pitkin County Land Use Code.
2. The subject property is located on Aspen Valley Ranch in Woody Creek and is more
specifically described in Exhibit A, attached.
3. The Planning and Zoning Commission reviewed this application on January 20, and
April 8, 1998, and directed staff to forward a recommendation of approval to the Board.
4. The Board heard this application at a regularly scheduled meeting on June 24, 1998, at
which time evidence and testimony were presented with respect to this application.
5. The Board determined that the proposed activity meets the applicable criteria
established in the Land Use Code, provided the conditions listed in this resolution are
adhered to.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Pitkin County, Colorado, that it does hereby grant Conceptual Subdivision/PUD and
1041 Hazard Review approval to the West Ranch affordable housing project, subject to
the following conditions:
1. The Applicant shall adhere to material representations made in the application and
in the public meetings.
2. A PM -10 mitigation plan and program must be approved by the Environmental
Health Department prior to issuance of any certificates of occupancy for the project.
;. At Final Plat Submission, the applicant shall address the following conditions:
a. A Subdivision Improvements Agreement which shall, at a minimum,
include:
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Resolution No. 98 -A -f
Page 2
1) A Construction Management Plan which includes but is not limited
to, schedules and impacts of utility and infrastructure improvements,
a fugitive dust control plan, and a construction traffic and parking
control plan.
2) Financial security for the completion of the common private
improvements for the project.
b. Protective Covenants which include, but are not limited to:
I) The County Lighting Standards of Section 3-110.110. In addition to
the County lighting standards, outdoor landscape lighting will be
prohibited and only low level down -lighting will be permitted at the
unit entries (per UBC).
2) Uses allowed in the dedicated open space parcels.
3) All approved variances to the dimensional requirements for the
AH-3/PUD zone district.
4) Woodburning devices are prohibited.
C. The applicant shall submit the following information to the Environmental
Health Department for review and approval:
1) copy of new well permit;
2) final engineering plans and calculations for water storage;
3) approval of the augmentation plan;
4) information indicating that the water treatment system meets the
requirements of the State Water Quality Control Division.
d. An accessory activity envelope shall be designated for the septic field.
A pedestrian path to the bus stop shall be shown on the site plan.
4. Prior to the recordation of the Final Plat :
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Resolution No. 98-0
Page 3
a. The applicant shall execute and record a deed restriction precluding further
subdivision of the property.
b. The applicant shall execute and record a master deed restriction for the
affordable housing units to the satisfaction of the Housing Office.
5. To mitigate wildfire hazard, the applicants shall comply with the following
measures:
a. All vegetation shall be removed within 10 feet of proposed structures. This
"defensible space" area shall be maintained in mowed grass or non-
flammable material, such as decorative rock or gravel.
b. Brush shall be thinned and standing dead or dead down trees shall be
removed within 100 feet of proposed structures.
C. Roofs and gutters shall be kept clear of debris.
d. Yards shall be kept clear of all litter, slash, and flammable debris.
e. Firewood shall be stacked on a parallel contour a minimum of 15 feet away
from any structure.
f. At least one ten pound approved ABC class fire extinguisher shall be placed
in a visible and accessible location for each structure.
g. Fences shall be kept clear of brush and debris.
h. Wood fences shall not be connected to the structure.
i. Fuel tanks shall be installed underground with an approved container.
j. Roof construction shall be Class A, non-combustible material ,with no flat
roofs.
k. Addresses shall be clearly marked and visible with minimum 2" letters.
1. Maintenance of the "defensible space" shall be required in order to retain it's
value as wildfire mitigation. Oak and serviceberry tend to sprout vigorously
after cutting, so it will be necessary to trim back vegetation every year or
two.
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Resolution No. 98-�
Page 4
in. Any additional proposed buildings within the building envelopes shall
incorporate wildfire mitigation measures.
n. The common areas shall be maintained to keep the fuel density (grasses)
under control.
6. To mitigate impacts to wildlife, the following measures shall be adhered to:
a. Fencing shall be 42", 4 -strand or less with 12" kickspace between the top
two strands. Any rail fencing shall be round or split rail type, 42", 3 rail or
less with at least 18" between two of the rails. Any existing fencing shall
comply with these specifications.
b. All utility extensions shall be buried.
C. Dogs are prohibited.
d. Bear -proof garbage containers shall be utilized.
7. With the exception of access roads/drives and necessary utility extensions, all
development, including landscaping, grading, wells and septic systems shall be
located within approved building envelopes.
8. Disturbed areas shall be revegetated within one growing season of disturbance.
9. Prior to the issuance of building permits, the applicant shall obtain a septic permit
from the Environmental Health Department.
10. Prior to the issuance of building permits, the applicant shall obtain an access permit
from the County Engineer.
11. The utility crossing easement across the Denver and Rio Grande right-of-way may
be subject to approval by the Aspen Valley Land Trust and the Open Space and
Trails Board, in accordance with the terms of the conservation and trails easement
held. Prior to Final Plat review the applicant shall determine whether an easement
is necessary from the Roaring Fork Railroad Holding Authority for the utility
crossing.
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Resolution No. 98-N
Page 5
12. The construction of berms is prohibited. Should berms be subsequently approved, a
Board of Adjustment variance is required for landforms over 30 inches in height
with the setbacks.
13. The project shall consist of one (1) free market unit and ten (10) Category 4 units
(five two bedroom and 5 three bedroom), with the pricing structure to remain as
represented by the applicant at the January 14, 1998, meeting of the Housing
Authority Board. The applicant is committed to sell the two-bedroom units for
$140,000 and the three-bedroom units for $160,000. Three of the two-bedroom
units will have basements so the sale price will increase to $160,000, and four of the
three-bedroom units will have basements so the sales price will increase to
$180,000. The initial sale price may be increased upon request of the buyer by an
amount not to exceed ten percent of these initial listed purchase prices for
Permitted Capital Improvements (as defined by the Housing Authority). For the
purpose of determining the Maximum Resale Price (as defined by the
Housing Authority) the owner may add to the amount specified above the cost of
Permitted Capital Improvements subject to Housing Authority restrictions .
If a potential owner is over the income and asset maximum, that individual has
the opportunity to request a Special Review by the Housing Authority to consider
a waiver. The free market residence will be limited to 5,000 square feet total
area, inclusive of garage. basement, accessory structures, etc.
14. The applicant will satisfy the development exaction for open space/parks by
dedicating to the County the 1.064 acres along the D&RG right of way identified on
the plat as Lot 12. The deed for the property to be dedicated to Pitkin County must
be accepted by the Board by ordinance. The applicant shall provide a title
commitment and a Phase I Environmental audit for the property to be dedicated to
the County for the County Attorney's review and approval.
15. For any free market residential structure of 5,000 gross square feet or greater, the
applicant shall comply with Section 4.01.01(B) of the Pitkin County Road
Management and Maintenance Plan, which requires the applicant to provide
construction trip generation studies. The applicant shall comply with this provision
as it is in effect at the time of building permit issuance to the satisfaction of the
County Engineer.
16. This resolution will not become effective until the accompanying rezoning is
effective.
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0SOLUTI DAVIS
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PITKIN COUNTYICOI
Resolution No. 98--&f
Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASN T'IMFS
WEEKLY ON THE 13th DAY OF JUNE, 1998.
INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD AT THE
REGULAR MEETING ON THE 24TH DAY OF JUNE, 1998.
APPROVED AND ADOPTED AFTER SECOND READING ON THE 8TH DAY
OF JULY, 1998.
PUB ISHED AFTER ADOPTION IN THE ASPEN TIM S WEEKLY ON THE
Imo- DAY OF '1998.
ATTEST:
Deputy Clerk and Recorder
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: , c .�
Dorothea Farris, Chair
DATE: 7 -/ Y - y�
APPROVED AS TO FORM RECOMMENDED FOR ADOPTION
11
John Ely Cindy Houben
County Attor y Community Development Director
lancec/cases/wstmrs1doc
P 129-97
2735-114-008-52
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EXHIBIT A
Legal Uesrriptron Subdivided Lands
A pareal of fond situated in Section 5, 11ownshio 9 South, Range
85 Kest of the 6th � M. being more particukrr v described as
foilowx
*ginning at a point whence the S 1/4 corner
far Section 3.3. Township 8 South, Range 85 West of
the 6th p. M. bears N .58'32' 18" 4 7971.87 feet. thence
along the northerty ngnt—of—way of the Denver and Rio sande
Railroad the following courses:
N 58'04'56' W, 785.58 feet, thence.
241.64 feet along the arc of a curve to the !eft, having a
radius of 1482.68 feet, a central angle of 09'20'16" and
subtending a cttord bearing N 6745104" W, 241.37 feet,
thence leaving said right of way line on a course bearing
N 30'00'00 E 307.23 feet; thence N 90'00'00' E 1185.00
feet thence S ,30'00'00' W 914.43 feet to the point of
beginning, containing 14.195 acres more or /esu
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