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HomeMy WebLinkAboutpitkin.eh.273514400002 (1994)_RESO36943C) 9- 74e SILVIA DIA k)IS -73 I - 0c) v coo a -- P -784 ---F- 784 04/1-26/94 (- ).3 ; C)G-P PG3 1 OF 1 i? REC DOC R I Tf : I N COUNTY CLERk:: & RECORDER 0.00- i ai RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DENYING SPECIAL REVIEW FOR ON-SITE AFFORDABLE HOUSING UNITS AND GRANTING APPROVAL OF SUBDIVISION GENERAL SUBMISSION, 1041 ENVIRONMENTAL HAZARD REVIEW, AND A BANDIT CARETAKER DWELLING UNIT ON THE HARDY PARCEL Resolution No. 94 , f RECITALS 1. Gordon A. Hardy, hereinafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board", for the following land use approvals: a. Residential Growth Management Quota System, pursuant to Section 5-510; b. Subdivision General Submission to subdivide the property into 4 lots, pursuant to Sections 4-1 and 6-3; C. 1041 Environmental Hazard Review for four proposed building envelopes, pursuant to Section 5-400; d. GMQS Exemption and Special Review approval for 3 on-site affordable housing units, pursuant to Sections 5- 510.2(e) and 3-3.57, respectively; e. Bandit Caretaker Review to legalize an existing caretaker unit, pursuant to Section 3-8.13(e). 2. The Applicant's parcel is zoned AF -1. 3. The applicant proposes to subdivide approximately 121 acres of land into four lots ranging in size from approximately 25 to 37 acres. 4. The property contains an approximately 5,100 square foot single family residence which includes an approximately 600 square foot attached caretaker unit. 5. The site contains low, moderate and high wildfire hazard, r- 369431 i B- 7 48 F'- i B=, 04/2261"94 F'G Resolution No. 94- c Page 2 slopes exceeding 30% in grade, c hazard. The parcel contains no mapped wildlife habitat, although deer and elk are known to utilize the property. 6. Said parcel is located on the west side of Castle Creek Road approximately 1 1/2 miles south of its intersection with Maroon Creek Road, more specifically described in Exhibit "A". 7. The Planning and Zoning Commission heard the application at their regularly scheduled meeting on November 30, 1993, at which time they recommended conditional General Submission approval of the development proposal to the Board, and scored the application 68.75 points in the non -metro GMQS competition. 8. The Board heard this application at their regularly scheduled meeting on February 8, 1994, at which time evidence and testimony was presented with respect to this application. 9. Due to the health/safety concerns associated with the potential on-site avalanche hazard, the Board finds that the Hardy parcel is not an appropriate site for affordable housing. 10. The Board finds that the Applicants have complied with Land Use Code criteria for Subdivision General Submission, Environmental Hazard Review and a "Bandit" -Caretaker Unit. NOW, THEREFORE BE IT RESOLVED that the Board hereby denies the request for a Growth Management Exemption and Special Review for three on-site affordable housing units. BE IT FURTHER RESOLVED that the Board hereby grants QG?i'—?.L'� G' -i tTyn/^f,!g4 rt?. r'>R�' F' ? � i is Resolution No. 94-z Page 3 Subdivision General Submission, 1041 Environmental Hazard Review and Bandit Caretaker Unit approval to the Hardy subdivision subject to the following conditions: 1. Impacts to wildlife shall be mitigated through compliance with the following measures: a. All development activity, including grading, with the exception of access drive construction, shall be contained within the building envelopes. Removal of vegetation outside of the building envelopes, except where necessary to accommodate construction of the access drive and mitigation of wildfire hazard, shall be prohibited. b. Perimeter fencing outside of the building envelope shall be limited as follows: Any rail fencing shall be 48," 3 - rail or less with 18" between two of the rails to allow passage of younger animals. Smooth strand wire fencing shall have a maximum height of 42" and be 4 -strand or less with a 12" kickspace between the top two wires. C. Dogs shall be kennelled or leashed at all times. 2. The following measures shall be implemented to mitigate geologic hazards: a. Development on slopes exceeding 30% in grade shall be prohibited. b. Prior to issuance of building permits, the existing diversion trench located behind the existing Hardy residence on Lot 3, shall be cleared of fallen trees. C. Mulches and/or temporary cover shall be used on exposed soil areas during construction. Permanent vegetation in any areas disturbed by construction shall be re- established, and erosion control measures shall be installed, within one growing season after construction. d. Prior to building permit application, a registered professional engineer shall approve the foundation design if slopes exceeding 15% in grade are encroached upon in construction of the new homes. e. At detailed submission the applicant shall submit a revised plan, locating the building envelopes on Lots 1 and 2 further down the slope to increase the distance r i6943i 1 B- i 48 F'- i G7 C) 4 / =6 / 94 03 : ( .F' PG 4 OF i C Resolution No. 94-e Page 4 from the avalanche red zone. A building envelope which is removed from, and located at an acceptable distance from the red zone, shall be established for Lot 3. f. Avalanche mitigation for buildings located on Lots 1, 2 and 3 within blue zones for avalanche, shall be submitted as part of the Detailed Submission. As an alternative for Lot 3, the applicant, his assigns or heirs shall submit avalanche mitigation prior to issuance of a building permit for reconstruction of the existing residence. The mitigation shall be designed, and approved in writing by a professional engineer with an expertise in avalanche mitigation. If mitigation requires development outside of the established building envelope, further County review may be necessary, as required in the Pitkin County Land Use Code. g. Avalanche mitigation may be based on the Pitkin County Land Use Code avalanche regulations in effect during the General Submission Review on February 8, 1994. 3. The following measures shall be implemented to mitigate Wildfire hazard: a. Non-combustible roof material including tile, asphalt, fiberglass, metal or Class B Certi-Guard (registered brand name) Red Label shakes and shingles utilizing Class B construction techniques (1/2" minimum solid sheathing) or better, shall be required for all residential structures. b. All roofs shall be kept cleared of debris. C. The base of all building shall be kept cleared of weeds and debris. d. At least one ten pound ABC class fire extinguisher shall be placed in each structure. e. Regarding vegetation: (Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions.) 1) The applicant shall remove all vegetation within 10 feet of proposed structures. This area shall be maintained in the future as either low ground cover such as mowed grass, or non-flammable material such as decorative rock or gravel. 2) Vegetation density shall be reduced by thinning ,1)94'x? B-748 P-i��8 04/^b/`?4 ? Resolution No. 94 - Page 5 brush and vegetation to a minimum of 30 feet from each structure, Thinning shall be designed to leave clumps of brush where they are most desired for landscaping or screening, while breaking up the horizontal continuity of the brush across the property. Clumps of brush that are retained shall have a minimum of 10 feet crown separation. Remaining clumps shall not have a crown diameter in excess of 10 feet. 3) Dead undergrowth, branches and grass shall be removed from the remaining vegetation to reduce ladder fuels. 4) The "defensible space" created by manipulation of vegetation shall be maintained by the applicant, as needed to retain its value as wildfire hazard mitigation. 5) The density of fuels shall be reduced throughout the remainder of the building envelope where natural reduction has not already occurred. f. Any buildings within the building envelope shall incorporate wildfire hazard mitigation measures. g. Addresses shall be clearly marked and visible with min. 2"letters. h. A sprinkler system shall be installed in each new residence. i. On-site pressurized water cisterns or storage tanks with a minimum capacity of 1,000 gallons shall be installed on site to accommodate the sprinkler systems and for fire fighting. The cistern/tanks shall be accessible to fire emergency vehicles. j. All utility extensions shall be buried within the driveway alignment to the extent feasible. 4. The applicant shall obtain an access permit from the County Engineer and an earthmoving permit prior to commencement of construction of any road improvements and/or driveway construction. A road improvement plan illustrating proposed pullouts and improvements to the Castle Creek Road intersection shall be provided at detailed submission. 5. The applicant shall provide a pro -rata share of the estimated cost of the improvements required to address existing deficiencies to lower Castle Creek Road and the 369430 B-748 P-789 04/226/94 03:08P PG 6 Resolution No. 94-0 Page 6 OF 1C-> Castle/Maroon/SH 82 intersection prior to recording of the Final Plat. At detailed submission, the applicant shall revise pro rata share calculations to reflect the most recent data available on the cost of planned improvements to these roads. 6. The residences shall be limited to a maximum floor area of 7,000 square feet. The exterior facades of the residences shall be constructed of earthtone materials with non - reflective roof materials. Exterior lighting shall comply with County lighting standards and shall be limited to that necessary to provide for safe pedestrian ingress and egress to the residences. 7. Prior to building permit application, the applicant shall record a 24 x 36 inch mylar Final Plat which meets the approval of the Planning Office and County Attorney. The Plat shall include the following waiver: "Warning and Disclaimer: The Applicant acknowledges that 1041 Hazard Review approval does not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." 8. Natural drainage patterns shall be incorporated into the overall development plan for the site. 9. An earthmoving permit shall be required for the movement of 50 cubic yards of dirt or more. 10. The applicant shall comply with all County air quality standards in effect at the time of building permit application. Woodburning and coalburning devices shall be prohibited within the residences. At Detailed Submission, the applicant shall submit a mitigation plan addressing mitigation of PM10 increases from the project to such County standards as may be in effect at the time of submission. 11. All material representations with respect to energy conservation measures stipulated within Robert WeienIs report, dated August 26, 1993 (attached) shall be adhered to. 12. The applicant shall submit a drainage and erosion control plan at detailed submission. 13. The applicant shall obtain a court approved augmentation plan for the provision of water prior to final plat approval by the BOCC. The applicant shall also amend the existing well permit if changes are made to use of the well, and shall obtain state approval for the well providing water to the existing pond on- 369430 B-748 P -79C? 04/26/94 i 7c c SP PG 7 OF 1C? Resolution No. 94-(V/ Page 7 site prior to final plat approval. 14. At Final Plat, the applicant shall convey a 15 foot trail easement to the County along the Midland Flume as it traverses the property. 15. At detailed submission, the applicant shall indicate whether a cash in lieu payment or land is proposed for park dedication. 16. Employee generation associated with the subdivision shall be mitigated through a cash -in -lieu payment to the County Finance Director prior to issuance of a building permit for each lot. Payment shall be made for 1.75 full-time equivalent category 1 employees per lot, based on the fee schedule adopted in the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of issuance of a building permit. If, at building permit application, the applicant wishes to request on-site or off-site affordable housing rather than a cash -in -lieu payment, the request may be made to the Board of County Commissioners, pursuant to County land use regulations in effect at the time of the request. 17. All of the property above the 8,300 foot elevation shall be encumbered with a conservation easement. At detailed submission, the applicant shall provide a draft of the proposed conservation easement for the property. The applicant shall indicate to whom the conservation easement shall be dedicated/granted, and how many acres will be included in the easement. 18. At detailed submission, the applicant shall submit a landscape plan and guidelines for review. The Plan shall address mitigation of visual impacts of the project, particularly as it is viewed from Castle Creek Road. 19. Approval of the bandit caretaker unit attached to the Hardy residence is granted for the existing unit and residence only. In the event that the existing Hardy residence is razed, and a new residence constructed, approval of a caretaker/ employee dwelling unit shall be subject to review pursuant to Pitkin County Land Use regulations in effect at the time of the request. 20. The following conditions requested by the Aspen/Pitkin County Housing Authority (APCHA) shall be adhered to by the applicant: a. The applicant shall provide a deed restriction, as stipulated in Section 3-8.13(a) of the Land Use Code, to the APCHA for approval. Upon approval by the APCHA, the 369430 B-748 P-791 /226/94 (- )3: oeF' FG 8 OF 1(_ Resolution No. 94-6/ Page 8 applicant shall record the deed with the Pitkin County Clerk and Recorder's Office prior to issuance of a building permit for the caretaker unit. b. Prior to leasing the Caretaker Dwelling Unit (in the event that it is leased), the applicant shall notify the Housing Authority, and have the prospective tenant complete the required qualification forms and submit those to the Housing Authority for approval. C. If the unit is rented, the applicant shall provide to the Housing Authority a copy of the executed lease at the time the unit is rented and upon every renewal of the lease term. 21. Within 30 days of signature of this resolution by the chairman of the Board of County Commissioners, the applicant shall request an inspection of the existing caretaker unit by a building official to assure compliance with the health and safety regulations of the Uniform Building Code. If outstanding UBC compliance issues are identified, they shall be rectified to the satisfaction of the Chief Building Official within 90 days of the initial inspection. 22. The septic and water systems will comply with County standards as administrated by the Environmental Health Department, prior to issuance of a building permit. 23. All material representations made by the applicant in the application and in public meetings shall be adhered to. APPROVED AND ADOPTED ON THE 8TH DAY OF FEBRUARY, 1994. BOARD OF COUNTY COMMISSIONERS OF PITR35N COUNTY, COLO DO \ By / /7-.� a"- Robert � W. hild Chairman Date 9� 36' 9430 B-748 P-792) 4/26/94 o3: oeP PG 9 Resolution No. 94-61 Page 9 ATTEST: 1 Jeanette Jones,i Deputy County Clerk i APPROVED AS TO FORM: Timothy E. Whitsitf, County Attorney reso-hardy-subdgs APPROVED AS TO CONTENT: Suz ne Ronchan, County Planning Director 369430 0 B-748 F'-793 04/::.6/94 03:08P PG 10 OF 40.) EXHIBIT A Lot 2 and the SW 1/4 SE 1/4 of Secion 14 and the NE ion 23, Township 0/Sourth 114 and the NW 114 NE 1/4 of Sect Range 85 West of the 6th P.M. excepting therefrom any portion or portions lying south and east of the center line of the County Road known as Castle Creek Road, and except those portions described in Deeds recordBook Stat 194of at age 43 and Book 251 at Page 245, County of Pitkin, RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO, GRANTING ONE ADDITIONAL RESIDENTIAL 1993 NON -METRO GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT TO THE HARDY SUBDIVISION Resolution No. 94-16 RECITALS 1. Gordon and Lillian Hardy, (hereafter "Applicant") , requested that the Board of County Commissioners, (hereafter "Board"), grant one excess Growth Management Quota System (GMQS) Allotment for the Hardy Subdivision pursuant to Section 5-510.3(a) of the Land Use Code. 2. The property is located South of Aspen, along Castle Creek Road (as described in Exhibit "A" attached). 3. The Board heard this application at their regularly scheduled meeting on July 26,. 1994, at which time evidence and testimony was presented regarding this application. 4. The applicant contended that the project was at a disadvantage regarding scoring for GMQS because of previous actions and agreements made between the Board and other applicants. 5. The Board maintains the legitimacy of previous agreements, as they are contained in the public record. 6. The Board finds that the applicants' arguments have merit in that the process did not appear to be fair as to this application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants one additional Growth Management Quota System Allotment to the Applicants for the Hardy Resolution No. 94-YA Page 2 Subdivision (as described on Exhibit "A" attached) subject to the requirement that the applicant complete all further required subdivision reviews. APPROVED AND ADOPTED ON THE 26TH DAY OF JULY, 1994. AT ES e nette Jonesa D uty C erk and Reco er 1 APPRJED' AS TO FORM /' Timo by hitsitt, Coun , y At orz}ey BOARD OF COUNTY COMMISSIONERS OF PITRIN UNT , CO DO By <W , ' natzma.11 V114 - Date 1c$ -Date APPROVED AS TO CONTENT: 5'kmm- Suzat� Ronchan, CounPlanning Director .374564 P-762 P-307 09/2:6/94 0-:55P PG 2, OF 37 EXH BIT A 374564 B-762' P-308 09/26/94 02:55F' PIG 3 OF 3 Lot 2 and the SW 1/4 SE 1/4 of Section 14 and the NE 1/4 NW 1/4 and the NW 1/4 NE 1/4 of Section 23, Township 10 South, Range 85 West of the 6th P.M. excepting therefrom any portion or portions lying south and east of the center line of the County Road known as Castle Creek Road, and except those portions described in Deeds recorded in Book 194 at Page 43 and Book 251 at Page 245, County of Pitkin, State of Colorado.