Loading...
HomeMy WebLinkAboutpitkin.eh.273514300008 (2004)_ACSD SEWER MEMOS11/17/2004 08:32 9705444885 ZONE 4 ARCHITECTURE PAGE 01/03 0 ARCHITECTURE � N P 970.844.904\ F 970.644.4895 Date: November 17, 2004 To: Nancy Mackinzie 920-5077 From: Dylan Johns RE: Branding Group 4 Residence Pages: 3 (Including cover) Lk�00 / Nancy, Attachcd are two drawings, the first (wfrom (with many Handwritten notes) is Tum Pett with his notes regarding the minimum setbacks that he feels can be achieved on the lot, and the second which is a proposed location/configuration by my office that falls within all of those setback requirements, including the 100" right of way setback from Maroon) Creek Road. Mr. Petz believes the minimum setbacks are all that should be required based on the type of soils on the lot and the system design. Please let me know if you would like his number. The septic field location in Tim Petz's drawing is not viable due to the proximity of a well for the neighboring property and it is in the location of the fire truck turn around and the auto court. The location of the field in the other drawing would easily allow for the system to be above the existing ground plane, and therefore would be more removed from the groundwater plane. The parcel ID# for the Heatherbed Lot 2 lot is 273514301002. please let me know if you have any questions about the information provided, or if you would like any mora WbrnUU0n. As 1 mentioned in our telephone conversation yesterday, if you would like to make a trip to the site, I am available for the rest of the week and am anticipating a linuted mecthag schedule. sincerely Dylan . Johns Principal Zone 4 Architectum, Inc. v� C•lZone 4\pRt7ffiMI BR,gKDING nT%Vyd t0t\a8_n Y%fax ft&d ymackenm&111604 doc 11/17/2004 08:32 9705444885 ZONE 4 ARCHITECTURE PAGE 03/03 0 tf \ 4 PWN 00~r V( WnN PROPOSED LAAO WFR06fAMNiS OITAtIV SU&WSSK>N Inov / 98-M NIM lG Vim"^" i"*- '7 (00 00 SF N� ,..4"LD ,�eD\N y%W,.,iJU g% O*MWES aR 30 )44D (-s) SEA -ax -x5 �t4S L ,S = l©o f --L- !Reap, - ;t u 0,15E = Lx" � 4w "� A.m Akl(l'A►S0�'t,) NtzZ-- MEMORANDUM To: Suzanne Wolff, Planning Office From: Nancy MacKenzie, Environmental Health Department Date: October 7, 1997 Re: Heatherbed Lodge Detailed Submission & Final Plat Parcel ID #2735-143-00-008 The Aspen/Pitkin Environmental Health Department has reviewed the details of the application under the authority of the Pitkin County Land Use Code and has the following comments. Conceptual Subdivision Conditions: 5. Water We have a report that indicates that the well for Lot 2 produces 15 gpm after a preliminary 2 hour test. We have not received a report documenting the quality of the water from this well. The applicant has agreed to serve future additional units on Lot 2 with water provided by the Highlands Water and Sanitation District (HWSD). The provision of potable water from the HWSD system is consistent with Environmental Health policies ensuring the supply of safe water. The HWSD shall determine if adequate water is available for the project. The HWSD water supply meets all standards of the Colorado Department of Health for drinking water quality. The applicant has failed to provide a "...letter of intent to service the proposal..." as defined in the Pitkin County Code. The location of the existing well on Lot 2 is not shown on the Proposed Final Plat. Printed on Re ycled Paper 6. Sewage Disposal Final as -built drawings of the engineer designed sewage disposal system installed for the employee dwelling unit on Lot 2 and a letter from a professional engineer stating that the system was installed according to the engineer's design has been received by this department. The applicant has committed to obtain a sewage disposal permit from the EHD prior to issuance of a building permit. The location of the existing ISDS for Lot 2 is not shown on the Proposed Final Plat. 7. Fireplaces/ Woo dstoves The applicant has agreed to file a fireplace/woodstove permit with the EHD prior to the issuance of a building permit. 22. Horses A water quality report from Resource Engineering, Inc dated October 14, 1996 was viewed by this department on November 4, 1996. The tests were conducted in f my and October of 1996 and the engineer report indicated that there was not a perceptible change in the water quality of Maroon Creek below the Heatherbed Bed and Breakfast. Under "Horse Carrying Capacity" the applicant has agreed to an annual water quality testing program submitted to EHD to monitor the Maroon Creek water quality. However, we have not received more recent test data (i.e. 1997) date from the applicant to review for this Detailed Submission application. A letter from Randi R. Bolton, DVM has been submitted in this packet. Her professional opinion on visual inspections during numerous scheduled and unplanned visits was that the hose area was "exceptionally clean and well maintained.... stable area drains well and dries quickly". 25. This department supports that the conditions for Lot 1 from Resolution #90-170 shall continue to apply with regards to: (f) fugitive dust plan to be required prior to issuance of a building permit, (g) limit noise impacts (h) testing for asbestos and removal prior to the issuance of a building permit. and (I) notification to EHD if contaminated soils are encountered at the site. Printed on Recycled Paper 1 Ia. However 25 (e) regarding fireplaces should read that "the applicant is required to come into compliance with current requirements in the non -attainment area of the county". To clarify the Pitkin County fireplaces regulation for commercial buildings, which includes Lodges, only gas appliance fireplaces are allowed. Only residential homes on lot 2 may have two devices: either two gas log fireplaces, two certified clean -burning woodstoves, or one of each. Each building may also have unlimited numbers of decorative gas appliances. 26. This department supports that the conditions for Lot 2 from Resolution #92-123 shall continue to apply with regards to: (e) housekeeping and runoff at the corral area. 27. This department supports that the conditions for Lot 1 from Resolution #92-141 shall continue to apply with regards to: (b) run off and drainage plan to address non -point source runoff from paved parking areas and containment of said runoff on site. Comments on Exhibit "H", Review Draft of Subdivision Improvements Agreement and Protective covenants for Lot 1, Heatherbed Lodge Property Subdivision. #2 If there are any increases to lodge rooms and/or employee units the applicant must provide information to the Aspen/Pitkin Environmental Health Department which documents that proposed mitigation measures are sufficient to offset any increases in PMlo caused by the project. #5 The plans to provide wastewater disposal for any renovation to the Heatherbed Lodge through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle the increased flow for the project should be determined by the ACSD. The applicant has failed to provide documentation that the applicant and the service agency are mutually bound to the proposal and that the service agency is capable of serving the development. #8. To clarify the Pitkin County fireplaces regulation for commercial buildings, which includes Lodges, only gas appliance fireplaces are allowed. Printed on Recycled Paper Only residential homes on lot 2 may have two devices: either two gas log fireplaces, two certified clean -burning woodstoves, or one of each. Each building may also have unlimited numbers of decorative gas appliances. Printed on Recycled Paper MEMORANDUM To: Suzanne Wolff, Community Development Department From: Nancy MacKenzie, Environmental Health Department Date: March 23, 1999 Re: Heatherbed Lodge Employee Housing Parcel ID #2735-143-000-08 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Aspen Skiing Company application under the authority of the Pitkin County Land Use Code and has the following comments. ADE UATE PROVISIONS FOR WATER NEEDS: Sections 2-17 and 3-1104: "It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hook up to existing public systems if service is available." This property is served by the City of Aspen. The City of Aspen Water Department shall determine if adequate water is available for this change in use. SEWAGE TREATMENT AND COLLECTION: Sections 2-18 and 3-1105: "It is the policy of the County to ensure that adequate sewage treatment facilities are available to serve existing and new developments. Public and private sewage disposal systems and connections to such systems shall comply with the sewage disposal guidelines of Pitkin County's Individual Sewage Disposal System Regulation." The present lodge is served by an Individual Sewage Disposal System (ISDS). This department has no record on file as to the size, location, or age of this system. The sewage disposal for this project must meet present ISDS regulations which state that this Department may not issue an ISDS permit if the property is in a municipality or special district that provides sewer service, except where the district determines sewer service to the property is not feasible. This property is located within the Aspen Consolidated Sanitation District (ACSD) and within 400 feet of their collection system. The March 11, 1999 letter from Bruce Matherly, District Manager of ACSD indicates that ACSD is willing to serve this property. A condition of approval for this project is that the applicant must agree to serve the project with public sewer as provided by the ACSD and provide documentation "...that the applicant and the service agency are mutually bound to the proposal..." as defined in the Pitkin County Code. 1 Printed nn Recycled Paper A condition of approval is that at the time the lodge connects to ACSD, the applicant must provide documentation to EHD that the existing individual sewage disposal system has been located and properly abandoned or removed. WATER QUALITY IMPACTS: Sections 2-14 and 3-705 and 3-710: "It is the policy of the County to preserve and protect its present water resources. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water -dependent agricultural activities; or which would result in increased salinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands." The Environmental Health Department will be addressing water quality impacts on down stream water quality. This application should not impact down stream water quality if the setbacks between the septic system and physical features comply with the Pitkin County Sewage Regulations. The Environmental Health Department's mission is to preserve and protect the quality of Pitkin County's water resources. Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, and protection of aquifers and their drainage areas are of utmost importance. Roofs and asphalt areas can be nonpoint sources of water discharge that can contaminate water supplies. This Department recommends that nonpoint sources of discharge be retained on the property of origin. To accomplish this, the owner can use landscaping, drainage patterns, detention ponds, and/or dry wells for water runoff from buildings. AIR UALITY: Sections 2-13 and 3-602: "Only that development is permitted which will not contribute significantly to degradation of air quality in Pitkin County. Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulations." No increases in PM10 should be caused by this project since the number of units will remain the same. No mitigation is required. FUGITIVE DUST Activities such as road building and landscaping require a Fugitive Dust Plan. The measures must prevent windblown dust from blowing off the property or creating a nuisance. This plan needs to include, but is not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud carried out by trucks, speed limits, or other measures. A condition should be approval by the Aspen/Pitkin Environmental Health Department of the fugitive dust control plan, containing enough measures to ensure that dust does not become a nuisance or blow onto adjacent property. 2 Printed on Recycled Paper rIREPLACE A condition of approval should be that the applicant is required to come into compliance with current county fireplace regulations. In commercial buildings, which includes Lodges, only gas appliance fireplaces are allowed. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., a person licensed by the state to do asbestos inspections must do an inspection. Environmental Health cannot sign any building permits until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must be removed by a licensed asbestos removal contractor. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-7: °it is the policy of the County to ensure that no use or development of land is permitted which is in violation of the laws of the County, the State of Colorado, or the United States of America." This Department is not aware of any issues of concern regarding other environmental health laws. Printed on Recycled Paper 'Alsn�:7j.. 1�...r-�:risolidatc; S�.�l�itatic►n. -1�.� c , Svcv N.Jarc,h 11, 1999 ,iuzanne Wolff Cotwnunit.y Development 130 S. Galena Aspen, CO 81611 Re', heatherbed I.,odge EH Dear Suzanne: i L,i 1.21 Kea.r n� r: nk Louah3]i D C l]. ... . �''1'V 'lnl L?' OAR 1F,190' c;•;,��1MUNlTI 7F The, Heatherbed Lodge is located in the Aspen Highlands Water and Sanitation whose members iast fall voted to dissolve the .Highlands district and include into our District. The legal requirements necessary for the formal inclusion should be completed within they next thirty days. ACSla is providing service to this area in the meantime through a "continuation of services agreement". Cjr!..r s:.ollection system is located approximately one hundred twenty feet from the Heatherbed proper -y. In review of the number of units proposed in this application it is our opinion that the Heolherbed should connect to the public system and abandon the existing septic system. Due to t, tor trpla,� of the area a pressurized service system will be needed. We do have downstrear:a constraints in this area which will be eliminated through a system of prorated additional fees, We will also require an oil and grease interceptor for the common kitchen area. We would like to review any drainage plans that are available for the lodge to ensure that there , , no clear water connections to the public system. Once detailed plans are available, a tap per nih can be, completed, which will estimate the total connection charges associated with the project. We would request, as a condition of approval, thatt the total connection fees be paid prior to the 1.ssuance of a. building permit. As usual, service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Sincerely, , Bruce Matherly J)istrif.t Manager �:- },,:i 7f Z C -D 81611 / (970)925-3�U1 /FAQ (9°�t,; cj..., ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney Zoning Housing CountyEngineer Env, Health ; Aspen Water District ACSD RFTA FROM: Suzanne Wolff, Community Development Department RE: Heatherbed Lodge Employee Housing P# 2735-143-000-08 P28-99 DATE: March 9, 1999 Attached for your review and comments is an application submitted by Aspen Skiing Company. The Pitkin County Planning & Zoning Commission will review this application April 6, 1999.. - Please return your comments to me no later than March 24, 1999 Sorry about the short turnaround . Thank you for your help. Thank you. :.�2. 0 Yee-�--- MEMORANDUM To: Suzanne Wolff, Planning Office Y� From: Nancy MacKenzie, Environmental Health Department 1� Date: December 3, 1997 Re: Heatherbed Lodge Extension of Vested Rights Parcel ID #2735-143-00-008 The Aspen/Pitkin Environmental Health Department has reviewed the details of the application under the authority of the Pitkin County Land Use Code and has the following comments. This department has no concerns with the extension of vested rights subject to the following conditions: SEWAGE DISPOSAL The plans to provide wastewater disposal for this project through the central collection lines of the Highlands Water & Sanitation District (HWSD)/Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The ability of the HWSD/ACSDto handle the increased flow for the project should be determined by the ACSD. The applicant has failed to provide documentation that the applicant and the service agency are mutually bound to the proposal and that the service agency is capable of serving the development. A condition of approval is that before the building permit can be issued, the applicant must provide documentation that the applicant and the service agency are mutually bound to the proposal and that the service agency is capable of serving the development. A condition of approval is that before the building permit can be issued, the applicant must provide documentation that the existing individual sewage disposal system has been properly abandoned or removed. WATER The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. 1 Primed- Recycled Paper 0 to OTHER ENVIRONMENTAL CONCERNS This department supports that the conditions shall continue to apply with regards to: (f) fugitive dust plan to be required prior to issuance of a building permit, (g) limit noise impacts (h) testing for asbestos and removal prior to the issuance of a building permit. and (D notification to EHD if contaminated soils are encountered at the site. FIREPLACE However regarding fireplaces the condition of approval should read that "the applicant is required to come into compliance with current requirements in the non -attainment area of the county". To clarify the Pitkin County fireplaces regulation for commercial buildings, which includes lodges, only gas appliance fireplaces are allowed. AIR QUALITY If there are any increases to lodge rooms and/or employee units the applicant must provide information to the Aspen/Pitkin Environmental Health Department which documents that proposed mitigation measures are sufficient to offset any increases in PM,o caused by the project. Printed m Recycled Paper 2 .,ire.. I'"1.1111111111111411 ill 111111111111 ill 1"I IN IIII 414858 03/25/1998 112:34P RESOLUTI DA, SILVI 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMSSIONERS OF PITK N COUNTY, COLORADO, GRANTING EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE HEATHERBED LODGE Resolution No. 98- 33 RECITALS 1. Connie Boyd, President of Heatherbed Lodge, Inc., (hereafter "Applicant") has applied to the U 5 rJ Pitkin County Board of County Commissioners (hereafter "Board") to consider an extension of vested c� real property rights pursuant to Section 4-140-30. 2. Detailed Submission and Final Plat approval to renovate the lodge and rezoning to AR -2 was granted by the Board pursuant to Resolution No. 90-170. A three year extension of the vested rights and of the special review approval was granted pursuant to Resolution No. 94-141. 3. The property is located at 1679 Maroon Creek Road, and is more specifically described as Lot 1 of the Heatherbed Lodge Subdivision/PUD. 4. The Board continued the request at its regularly scheduled meeting of December 17, 1997, pending review and approval of the Detailed Submission/Final Plat application to create a separate lot on the lower bench of the property, since a number of issues associated with the extension of the approvals for the lodge renovation would no longer be applicable following that approval. 5. Detailed Submission and Final Plat approval to subdivide the lodge property into two lots was approved by the Board on February 25, 1998. 6. The Board reviewed the request at its regularly scheduled meeting of March 11, 1998, at which time evidence and testimony was presented with respect to this application. The Board determined that the proposed development meets the criteria established in Section 4- 140.30 of the Land Use Code, and, therefore, found the extension to be appropriate. 111111111111111111111111 III III:" JIM111111111111 Ilii Resolution No. 98-1-1 414858 03/25/1998 12:34P RESOLUTI DAVIS SILVI Page 2 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant an extension of the vested rights and of the special review approval for the Heatherbed Lodge renovation until October 15, 2000, and that it does hereby supercede Board of County Commissioners Resolution No. 90-170 and Resolution No. 94-141, subject to compliance with the conditions of approval herein. 1. The lodge shall be designed with an automatic fire alarm system. 2. The foundation of the reconstructed lodge shall be engineered to insure that the foundation can support any additional loading from the expansion. Development is prohibited within 20 horizontal feet or five vertical feet, whichever is greater, from the existing high water line of Maroon Creek. No vegetative manipulation shall occur in the area between the building footprint and the river. 4. In the event that other permitted uses in the AR -2 zone are proposed by the applicant, Special Review for a revised parking plan (including overflow parking) to accommodate such uses shall be required. 5. The applicant shall come into compliance with the requirements in effect at the time of building permit issuance regarding fireplaces within the nonattainment area of the County. 6. Prior to issuance of building permits for the renovation, the applicant shall: A. Submit a fugitive dust control plan and an Air Pollution Emissions Notice shall be submitted to the Environmental Health Department and the Colorado Department of Health. B. Test the building for asbestos, and have any asbestos removed by a qualified firm, if present. C. Notify the Environmental Health Department for guidance on handling procedure if contaminated soils are encountered on-site. D. Submit a cost estimate and financial assurance for the proposed remodel of the lodge be in the form of a letter of credit. The cost estimate and letter of credit shall be approved by the County Engineer and the County Attorney, respectively. 7. Final engineering plans and specifications shall include a runoff and drainage plan which addresses non -point source runoff from paved parking areas and containment of said runoff on-site. Said plans and specifications shall be submitted as part of the building permit application and be approved by the Environmental Health Department and the County Engineer. To mitigate noise impacts, construction activities shall only occur from 7:00 AM until 7:00 PM, and no outside amplified noise shall be permitted. 9. Prior to issuance of a Certificate of Occupancy, the applicant shall replace the existing one - bedroom affordable housing unit with a two-bedroom affordable unit within the remodeled lodge, iIIIIII11111IIIIII111111i11111.,�111111IIIIIIIIiIIiIIII Resolution No. 98;%1 414868 03/25/1998 12:34P RESOLUTI DAVIS SILVI Page3 3 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO and shall record a deed restriction for said unit in accordance with the Pitkin County Housing Authority's "Category 3" income guidelines then in effect. 10. Within six months of the date of approval of this resolution by the Board or concurrent with the recording of the Final Plat documents for the Heatherbed Lodge Subdivision, the Improvements Agreement or the Heatherbed Lodge shall be re-recorded with the following amendments: A. Item 43 shall be amended to include the following: "Prior to issuance of a building permit, the applicant shall provide documentation that the applicant and the Highlands Water and Sanitation District are mutually bound to the proposal to provide wastewater to the project through the central collection lines, that the District is capable of serving the development, and that the existing individual sewage disposal system has been properly abandoned or removed, prior to issuance of any building permits." B. Item 46 shall be deleted. C. Item 410 shall be replaced with: "The applicant shall come into compliance with the requirements in effect at the time of building permit issuance regarding fireplaces within the nonattainment area of the County." D. Item # 19 shall reflect the new expiration date of October 15, 2000. 11. The applicant shall adhere to all material representations made in public hearings and in the application. K� oFPu6(/C HG9RiNG Od&us//e,� i� ,RsPe.+/ T/,vl�s oN 7fi'�' I0 MY OF v�Ryj /9Y� APPROVED AND ADOPTED ON THE 11TH DAY OF MARCH, 1998. Pv6�.is� e� i� -77 CC- SPe/�771;1e T eA) �� BOARD OF COUNTY COMMISSIONERS, ATTEST: Countys, Deputy APPROVED AS TO CONTENT: Cindy Houben Community Development Director P125-97 PID 42735-143-00-008 suzannew\pitkin\cases\vre\heathrbd\reso.doc PITKIN COUNTY, COLORADO By Dorothea Farris, Chair APPROVED AS TO FORM: John Ely County Attorney s C Resolution No. g 1-�l Page 1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING THE HEATHERBED LODGE SUBDIVISION CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW AND SPECIAL REVIEW AND GMQS EXEMPTION FOR ONE FULLY DEED RESTRICTED AFFORDABLE HOUSING UNIT Resolution No. 97 g / RECITALS 1. On February 26, 1997 the Board of County Commissioners (hereinafter 'Board") - - --_-m�the C-�ualglibr�a€-the-Hen11e��L=odge--Subdivision tsn-firs -- h=am--— regularly .sched#�!s,_ e ring. The_Board reviewed -conceptual submission_ on --- second reading at a regularly scheduled public meeting on March 12, 1997. 2. The parcel is located at 1679 Maroon Creek Road; more specifically described in Exhibit "A". 3. The applicant requests approval of the following reviews: a. Subdivision Conceptual Submission to accommodate the subdivision of a 4.1 acre parcel into 2 lots containing 2.25 and 1.85 acres respectively; b. Metro Area Residential Growth Management Competition for one residential allotment; C. Special Review and GMQS Exemption for one fully deed -restricted category affordable housing unit d. 1041 Hazard Review for floodplain, wildfire and steep slopes. 4. The Planning and Zoning Commission reviewed the application at a regularly scheduled meeting on March 5, 1996, at which time they recommended conditional 111111111111111111111111111111111111111111111111111 IN 403975 05/01/1997 12:58P RESOLUTION 1 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 97-5L Page 2 approval of the conceptual subdivision request to the Board.. The Growth Management Commission reviewed the applicant's request for one metro area residential development allocation on March 5, 1996. The Commission scored the project the minimum threshold score of three (3) for each of the four scoring categories. 5. Pursuant to Resolution No. 94 -DOS , the Board accepted the Growth Management's Commission's score. 6. Furthermore, the proposed Subdivision was found by the Board to be generally consistent with applicable provisions of the Pitkin County Land Use Code. _ - - NO��, > >� ? B>fr IT -RESOLVED b the Pitkin Co - _ Y unit'-$oard=e€-�-t� -=-- S issiogprs��- herebX graats approval of the Heatherbed Lodge Subdivision conceptual Submission, 1041 Environmental Hazard Review and GMQS Exemption and Special Review For One Affordable Housing Unit, subject to the following conditions: 1. All new development on Lot 2 with the exception of the access drive and utilities shall be contained within the approved building envelope (including septic systems and landscaping). At Detailed Submission the applicant shall modify the southern boundary line of the proposed building envelope where it lies to the east of the existing corral area identified on the proposed Site Plan, to coincide with the north boundary line of the barn building envelope identified on the Plan. 2 The Applicant shall submit a drainage and erosion control plan which meets the approval of the County Engineer and the Floodplain Administrator prior to the issuance of a building permit. In addition to addressing permanent drainage and erosion control measures with respect to the property and the Maroon Creek stream bank, the plan shall include temporary erosion control measures for construction to prevent soil and sediment from impacting Maroon Creek. At Detailed Submission, the applicant shall submit a drainage plan identifying drainage improvements for the corral area on Lot 2. 3. The building site shall be revegetated within one growing season of project completion. I IIIIII "IIIlillll IIIII IIIII Iill I"I"I III "III IIII Till 403975 05/01/1997 12:58P RESOLUTION 2 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK W C Resolution No. 97-:9-1 Page 3 0 4. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. 5. At Detailed Submission the applicant shall provide evidence of a water -court approved augmentation plan or a water service agreement for the provision of water to Lot 2. Water line easement(s) shall be depicted on the final plat. 6. Prior to issuance of a building permit on Lot 2 the applicant shall submit final as -built drawings of the engineer designed sewage disposal system installed for the employee dwelling unit on Lot 2 and a letter from a professional engineer stating that the system was installed according to the engineer's design. Prior to issuance of a building permit the applicant shall obtain a sewage disposal permit from the Environmental Health Department to expand the existing septic system to accommodate a second residence. The septic system for the development shall meet the approval of the Environmental Health _Department. At Detailed Submission the applicant_ shall identify the location of the ex sti sewage-di-sposal -system servingtheexis-ting Lodge(Lvt-I�tn the final- plat. - The Applicant -shall fill a fireplace/woodstove permityitlr the Environmental.Iealtli :-- _ _ __ _ _ Department, prior to the issuance of a building permit. 8. The applicant shall comply with the following wildfire mitigation measures: a. The area around the structure 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 10 foot perimeter around the remaining sides of structure(s). 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart. Page 13, Wildfire Guidelines For Rural Homeowners). 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. 111111111111111111111111111111 IN 111111111111111111111111111 403975 03/01/1997 12:58P RESOLUTION 3 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 4M Resolution No. 97 -TL Page 4 M �b Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. 5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been complied with. In areas of aspen regeneration, the spacing guidelines shall be followed. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. the e77- ns ty-. is vEntl�t -a 100 f6ot perimeter of the -structures s ialr$e " `-=- -- reduced where natural reduction has not already occurred. 8) All deadfall within the 100 foot perimeter shall be removed. 9) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. b. Structural Design and Construction Requirements: 1) Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat roofs. 2) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. The following maintenance measures shall be adhered to: 1) Roofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. 3) All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 111111111111111111111111111111111111111 III IIIA 11111111 403975 05/01/1997 12:58P RESOLUTION 4 of 13 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 97 - Page 5 C 0 4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. d. The following miscellaneous measures shall be adhered to: 1) Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. 2) Swimming pools shall be accessible to Fire Department vehicles. 3) Fences shall be kept clear of brush and debris. 4) Wood fences shall not connect to the structure. 5) Any. outbuildings or -additional strictures (not existing at the time of this___.__—_—", approval) shaIPaJffie_re_`the same standards -as structures 6) Fuel tanks shall be installed underground -with an approved container.- 7) Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -resistive construction on the exterior side of the walls. 8) Each structure shall have a minimum of one 10 pound ABC fire extinguisher which shall be placed -in each structure in a visible and accessible location. 9) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. e. Water Supply: 1) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by Pitkin County and the local fire protection district. 111111111111 HIM 1111111111 IN 1111111111111111111 IN 403975 05/01/1997 12:58P RESOLUTION 5 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 97--t Page 6 2) i 0 Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicle from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of 1000 gallon storage capacity per structure. Photo documentation of the underground tank shall be submitted to the Building Department, prior to the issuance of occupancy permits. 3) . Interior sprinkler systems shall be installed in all new residences. 9. The Final Plat shall delineate any existing riparian areas on Lots 1 and 2. New development shall be prohibited with riparian areas. However thinning of riparian vegetation, as may be required for wildfire mitigation may occur. _ _10. _- New development within the 100 Year Floodplain delineated on the Final Plat shall be. --prohibited. _ --- -- _ - —4 4-- Prior to -issuance of a building -permit -for the residence -on Lot 2, the applicant -shall gay a - pro -rata share for County Road Improvements to the Maroon Creek Road. The pro -rata share shall be determined by the County Engineer based on the traffic analysis prepared by the applicant's engineer and/or in compliance with the County Road Management Plan and/or Land Use Code in effect at the time of building permit issuance. In the event that a Transportation Improvement District is formed to accommodate improvements to the Maroon/Castle Road system, the applicant shall join the district. 12. All utility extensions shall occur within the access driveway. 13. Prior to issuance of a building permit for the residence(s) on Lot 2, the applicant shall pay a school impact fee in -lieu of land dedication. The fee amount shall be based on the County School District Land Dedication Standards in effect at the time of issuance of the permit. 14. At Detailed Submission, the Board shall make a determination as to whether affordable housing mitigation requirements shall be met on-site or through a payment in lieu fee. Should it be determined that housing mitigation shall be provided for on-site, the following provisions shall apply: The subdivision's protective covenants shall require the provision of a larger affordable housing unit, or the cash -in -lieu equivalent thereof, should the owner of Lot 2 wish to construct more than 4 free-market bedrooms. The ability of the owner to increase the number of free market 1111111111111111111111111111 IN 1111111111111111111 403975 05/01/1997 12:58P RESOLUTION 6 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 97- V Page 7 bedrooms and to provide additional affordable housing andlor a cash -in -lieu payment shall be subject to APCHA and land use regulations in effect at the time of the request. In no event shall the applicant's original commitment as to the percentage of employees to be housed by the proposed development (64%) be reduced. 15. Prior to issuance of a building permit on Lot 2, the applicant shall deed restrict the existing employee dwelling unit to APCHA's Category 3 income guidelines and improve the unit as required to comply with minimum net livable floor area requirements established in the Housing Guidelines. Prior to occupancy of the free-market residence on Lot 2, the affordable housing unit shall be occupied. 16. At Detailed Submission the applicant shall submit protective covenants addressing (at a minimum) use and maintenance of the common access for the Heatherbed Lodge and the residences on Lot 2; parking limitations for the Heatherbed Lodge (a prohibition against parking on Maroon Creek Road); and roof materials which will be used to limit the visibility of the primary residence on Lot 2. 17. The applicant shall provide a parking plan at Detailed Submission to address parking on both lots. 18. At Detailed Submission, the applicant shall make a proposal to dedicate land or to make a cash payment in lieu of land dedication for parks. 19. If the Heatherbed Lodge Trail Easement recorded in Book 658 at Page 984 does not include a fishing easement, the applicant shall provide a fishing easement through the Creek as it traverses the property. Said easement shall be recorded concurrent with recording of the Final Plat. 20. At Detailed Submission the applicant shall submit a plat which includes the following information in addition to standard plat requirements: a. Specific PUD variances requested for Lot 2 (if any); and b. Identification of the Maroon Creek Right-of-way as it encroaches on the property; and C. Modification of the lot line dividing the two lots shall to reflect the standard AR -2 side yard setback and to eliminate the encroachment of the existing shed on Lot 1 into that setback; and d. Identification of a proposed building envelope for Lot 1 to accommodate the possibility of redevelopment of that site. A PUD request shall be made (with justifications posed by the applicant) to vary the front and "major road" setbacks for Lot 1; and e. The lot area (net of the area in Maroon Creek and the Maroon Creek Road right-of-way) for each of the two lots shall be verified by a certified surveyor. 111111111111111111111111111111111111111111111111111111111111111 IN IN 403975 05/01/1997 12:58P RESOLUTION I .e iz o a as n A AA N A 00 PTTKIN COUNTY CLE Resolution No. 97 57 Page 8 21. At Detailed Submission, the applicant shall provide alternatives for bringing the horse shed on the property into compliance will all zoning regulations. Alternatives include, but are not limited to, anchoring the shed to mitigate its location in the 100 year floodplain of Maroon Creek (This alternative may or may not be acceptable to the BOCC and/or Floodplain Administrator as mitigation.) The shed was constructed without benefit of an agricultural building permit exemption approval from the County, and is located in the 100 year floodplain setback. At Detailed Submission, the Board may determine that mitigation of the zoning violation will be accepted, or they may require the applicant to move the shed, or remove it from the property to comply with zoning. 22. At Detailed Submission, the BOCC will determine whether all, a part, or none of the following condition shall be applied to the Heatherbed parcel: "The keeping of horses on Lot I or Lot 2 of the Heatherbed Lodge shall be prohibited upon sale of Lot 2 by the current owner and/or at such time as a finding is made by the Environmental Health Department that the water quality of Maroon Creek is being negatively impacted by the horse use; whichever occurs first. Covenants and a plat note shall reflect this condition. Covenants shall also stipulate that the applicant shall provide a water quality analysis of Maroon Creek to determine the effects of the horse use within one year of the date of this approval, and thereafter annually, until Lot 2 is sold. Said analysis shall be submitted to the Planning Office and referred to the Environmental Health Department for review." At Detailed Submission, the applicant shall submit a technical analysis of the carrying capacity of Lot 2 with respect to horses. Said analysis shall also assess the issue of horse urine discharged into the ground, and possible impacts on groundwater and surface water. 23. At Detailed Submission, the applicant shall provide documentation that a 404 permit application has been submitted to the Army Corps of Engineers for the piping of water runoff from the property into Maroon Creek, if the Army Corps deems such a permit to be required. 24. The applicant shall submit a Subdivision Improvements Agreement at Detailed Submission. 25. The following conditions from Resolution #90-170 shall continue to apply to development on the Heatherbed Lodge parcel: a. The reconstructed Heatherbed lodge shall be designed with an automatic fire alarm system. b. The foundation of the reconstructed lodge shall be engineered to insure that the foundation can support any additional loading from the expansion. 111111111111 HIM 11111111111111111111111111111111111 IN 403975 05/01/1997 12:58P RESOLUTION 8 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 91- 57 Page 9 c. All lands which are twenty horizontal, or five vertical feet (whichever is greater) from the existing high water line of Maroon Creek shall be prohibited against development. No vegetative manipulation shall occur in the area between the building footprint for the Lodge and the river, as riparian habitat in this area is to be maintained in it's natural state. d. In the event that other permitted uses (other than lodge) in the AR -2 Zone are proposed by the applicant, special review for a revised parking plan, (including overflow parking) to accommodate such uses shall be required. e. The Applicant shall limit the lodge to one fireplace which shall be modified to use gas logs, and one certified wood stove. f. A fugitive dust control plan and an Air Pollution Emissions Notice shall be submitted to the Environmental Health Department and the Colorado Department of Health prior to issuance of a building permit for Lodge improvements. g. To mitigate noise impacts, construction activities shall only occur from 7:00 A.M. until 7:00 .-P.M. and no outside amplified noise shall be permitted. h. .The Lodge building shall be tested for asbestos; if any asbestos is present, it shall be removed by a qualified firm prior to the issuance of a building permit. i. If contaminated soils are encountered on site, the Environmental Health Department shall be notified for guidance on handling procedure prior to issuance of a building permit. 26. The following conditions from Resolution #92-123 shall continue to apply to development on the Heatherbed parcel with respect to the barn on the lower bench: a. The applicant shall provide a defensible space around the barn in compliance with the State Forest Service publication entitled, CSFS Wildfire Safety; Model Regulations for Protecting People & Homes in subdivisions and Developments. Utilities shall be placed underground. The address for the property shall be clearly marked and visible from Maroon Creek Road. b. Public rental of horses shall be prohibited on-site. c. The barn shall contain no more than 2,475 square feet of floor area), shall contain no more than 6 stalls (in addition to tack room space, etc.), and shall comply with accessory height standards in effect at the time of building permit application. 1111111111111111111111111111111111111111111111111111111 403975 05/01/1997 12:58P RESOLUTION 9 of 13 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLERK 0 Resolution No. 91- T'� Page 10 to d. All material representations made in the public hearing and in the application shall be adhered to and considered as conditions of approval. e. The Applicant shall implement and maintain Environmental Health Department recommendations with respect to the horse corral. Recommendations which are to be implemented and/or maintained under the guidance of the Environmental Health Department are as follows: 1) Careful housekeeping and cleanup and removal of manure from corrals 2) Control of runoff and drainage through the corral area and installation of detention facilities, if necessary. 27. Commercial operations of any kind shall be prohibited on Lot 2. _28. The following conditions from Resolution #92-141 shall continue to apply to �di vetopmerit on=the-Heather-Ued pa —r—with fespecfthd­exterision bf vested real property riih- for the Heatherbed Lodge: a. Prior to issuance of a building permit for Lodge improvements, the applicant shall submit a cost estimate and financial assurance for the proposed remodel of the Lodge in the form of a letter of credit. The cost estimate and letter of credit shall be approved by the County Engineer and the. County Attorney, respectively. b. Final Engineering Plans and specifications for Lodge improvements shall include a runoff and drainage plan which addresses non -point source runoff from paved parking areas and containment of said run off on site. Said plans and specifications shall be submitted as part of the building permit application and approved by the County Engineer and Environmental Health Department. c. Prior to issuance of a Certificate of Occupancy for the Lodge, the Applicant shall replace the existing one -bedroom affordable housing unit with a two bedroom affordable unit within the remodeled lodge. Prior to issuance of a CO, said unit shall be deed restricted in accordance with the Pitkin County Housing Authority Category 3" income guidelines then in effect. 29. All representations made by the applicant in the application and in public meetings shall be adhered to. IIIIIIIIII 11111111111111111111111111111111111111111111111111 403975 05/01/1997 12:58P RESOLUTION 10 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 97V Page 11 INTRODUCED AND FIRST READ, AT A PUBLIC HEARING on the 26th day of February, 1997. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 5th day of October and the 26th day of October ,1996. SECOND READING on the 12th day of March, 1997. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 22nd day of March 1997. VESTED NOTICE RIGHTS PUBLISHED IN THE ASPEN TIMES WEEKEND EDITION ON THE 10TH DAY OF MAY, 1997. ATTEST: �TenneAe Jones, Deputy County Clerk BOARD OF COUNTY COMMISSIONERS OF PITKIN COUN COLORADO By Bill Tuite, Chairman - 4�A 41) Date 111111111111111111 IIIA hill 11111111111111111111 Ill IN 403975 05/01/1997 12:58P RESOLUTION 11 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK u Resolution No. 91712 Page 12 APPROVED AS TO FORM: 1 John Ely, County Attorney APPROVED AS TO CONTENT: Community Development Director 11111111111 HIM 111111111111111111111111 HIM III IN 403973 05/01/1997 12:58P RESOLUTION 12 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 1-#344197 04/30/92 14:27 Rec 5.00 SK 676 PG 336 j Silvia Davis, Pitkin Cnty Clerk, Doc S.00 EXHIBIT 'A' s LEGAL DESCRIPTION Attract of Land located in the East Half of Section 15 and the West Half of Section 14, all in Township 10 South, Range 85 West of the 6th Principal Meridian, described as follows: Beginning at a point the West Right of Way Line of the Maroon Creek Aad whence the relocated witness corner to the West 1/4 corner of said Section 14 bears North 8347' West 106.38 feet and South 86.33 feet (said relocated witness corner is located South 86.33 feet from the qr.sginal location); thence South 1706' West 235.25 feet along the. West Right of Way line of the Maroon Creek Road; Thence around a curve to the left with a radius of 674.91 feet a distance of 104.44 feet along the West Right of Way line of the Maroon Creek Road; Thence South 0814' West 211.16 feet along the West Right of Way line of the Maroon Creek Road; Thence around a curve to the right with a radius of 527.60 f eet a distance of 94.38 feet along the West Right of Way line of the Maroon - Creek Road; Thence South 1829' West 75.50 feet along the West Right of Way line of the Maroon Creek Road Thence Northeasterly along the centerline of the Maroon Creek 940 feet; Thence South 75`25' East 252 feet to the West Right of Way line of the Maroon Creek Road; Thence South 57006' West 27.06 feet along the West Right of Way line of the Maroon Creek Road; Thence around a curve to the left with a radius of 326.56 feet a distance of 227.98 feet along the West line of maroon Creek Road to the Point of beginning. COUNTY OF PITKIN, STATE OF COLORADO 11111111111111111111111111111111111111111111111111111111111 IN 403975 05/01/1997 12:58P RESOLUTION 13 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK