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Home My WebLink Aboutbocc.res.066.2018 1111111 111111111111111111111111 III liii II 11111111111111111111 RECEPTION#: 651062, R. $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 5, 1 0/1 0/2018 at 09 53:50 AM Janice K.Vos Caudill, Pitkin County,CO RESOLUTION OF TIIF BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A TEN (10) YEAR EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR CRAIG RANCH PARCELS 3,5 AND 6 Resolution No.Ca-2018 RECITALS I Pursuant to Section 2 8 4 (Actions) of the Pnkui C ounty Home Rule Charter("HRC'), all matters not required to be acted upon bN ordinance oi formal resolution may be acted upon by informal resolution. 2 Michael Craig and Elizabeth Tasker, and Woody Cieek Farms LLC ("Applicant")have applied to the Pitkin County Board of County Commissioners 1"ROCC')to request a ten (10)year extension of the vested real property rights for Craig Ranch Parcels 3, 5 and 6. pursuant to Sec 2-20-1701d/of the Land Use Code("Code") The vested rights are associated with the approvals granted pursuant to BOCC Resolution No. 144--2004 and amended by BOCC Resolution No 043-2007. 3 'I he parcels are located on N oody Creek Road, and are described as Parcels 3, 5 and 6, Craig Ranch Parcels. 4 the three parcels are zoned RS-20 and contain 305 9 acres (Parcel 3), 90.2 acres (Parcel 5, and 100.0 acres (Parcel 61. 5 The Craig Ranch was split into eight(8)parcels, each containing more than 35 acres in size: therefore. County approval was not required. The Subdivision Exemption Plat was recorded in Plat Book 68 at Page 62 6. The BOCC rezoned Parcel I to Rural/Remote, pursuant to Ordinance No.44-2004. The County then issued 8 TDRs(I TDR/35 acres)and sterilized the parcel (Deed Restriction recorded at Reception #5254961. The TDRs were proposed to be utilized on the remaining 7 parcels 7. The BOCC approved Resolution No. 144-2004, which established building envelopes on each parcel and approved the use nf'I Dfts for initial development rights and additional floor area on the parcels to develop up to a mavnmm of 7,500 square feet of floor area on each parcel The F3OCC granted a fifteen(15)year rested right, which will expire on October 13. 2_019, A Development Agreement memorializing the conditions of approval and the Nested rights was recorded as Reception #525493 8 The BOCC approved Resolution No 043-2007, which combined Parcels 2 and 3 into a single parcel (Parcel 3)and allowed for development of a maximum floor area of 10,750 square feet of floor area on Parcel 3 The amended plat was recorded in Plat Book 85 at Page 87. The Development Agreement was amended to reflect the merger of Parcels 2 and 3, and was recorded as Reception #544769. 9. The BOCC heard this application at a duly noticed public hearing on September 26,2018. at which tune evidence and testimony were presented with respect to this application. Rccohition NO Oa -2u!' !agc_ 10 The BOCC finds that it is appropriate to grant a 10 year extension of the vested rights. elven the Applicant's compliance with applicable conditions of approval to date and the benefits received h) the County as a result of the approy al, including the lid lowing A Dedication of a 60' fight-of-way for Wood) Creek Road to the County. B Recordation of an Historic Preservation Covenant ensuring the preservation of the histone structures on Parcels 4 and 8 C. Donation of a Conservation Easement to Pitkin County, which encumbers the land outside of the approved building envelope on Parcel 3 (approximately 300 acres) D. Dow nzoning of 300 acres of the ranch from RS-20 to Rural/Remote, and sterilization of the land against all development E Limiting development to 6 parcels, ss here in the RS-20 zone district, the potential allowable density for the original 1,100 acre ranch was 50 units. I Limiting the floor area of Parcels 4-8 to 7,500 square feet and the floor area of Parcel 3 to 10,750 square feet(where a maximum floor area of 15,000 square feet was allowed on each parcel) Floor arca is calculated based on the County's regulations in effect at the time of building permit application 11. The BOCC further finds that the conservation development plan for the ranch has helped to preserve the rural charactei of Woody Creek and limited the development potential of the ranch to a level considerable below what would other ise have been anticipated, and is are consistent with the goals of the 2016 Woody Creek Caucus Master Plan 12 The BOCC further finds that for the parcels have been maintained as productis e agricultural land and wildlife habitat while development approvals have been in place, but have not y et been effected 13 The BOCC further finds that it is appropriate to modify the approvals to conform w ith the terms and provisions of the current Code, as specified in the conditions below 14 The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution NOW,THEREFORE, BE IT RESOLVED by the Pitkin Count) Board of County Commissioners that it does hereby appicry e the Craig Ranch Parcels 3, 5 and 6 Extension of Vested Real Property Rights, subject to the following conditions, which shall run with the land and he binding on all successors in interest I The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider(hose representations to be conditions of approval. unless amended by other conditions 2 Ibis vested right is granted in association with the approy als granted pursuant to BOCC Resolution Nos 144-2004 and 043-2007. I he conditions of those Resolutions shall remain in full force and effect, except as amended herein 3 Within 90 days of the date of this approval, the Applicant shall submit for recordation an Amended and Re-Stated Development Agreement for Parcels 3, 5 and 6 to memorialize the conditions of this approval. The Agreement shall he reviewed as to form and content by the County Attorney and Community Development Director, prior to recordation. Resolution ns.066,-201' pug,.3 4 Prior to submission of an} building or other development permit applications for each of Parcels 3, 5 and 6, the owner shall be required to submit for approval an application for Site Plan ReN iew, pursuant to Sees 2-30-20 and 7-10-50 of the Code the Site Plan Review application shall address the following- in addition to the other requirements specified above: A. Demonstrate compliance with the standards in Sec. 7-20-120(d) for development w ithin the Scenic View Protection Area and with the rural character guidelines for building location in Sec 7-20-120(e)of the Code. B Demonstrate that the site can accommodate an on-site wastewater treatment system (OW1 S)that complies with the then current OWTS regulations. C. Submit a landscaping and tree remo'alimitigation plan. An arborist shall address how remaining trees will be protected from impacts associated with the construction D Submit a driveway plan and profile. L Lstablish an Act)rtv Fm elope to encompass all dey elopmmnt, including structures, landscaping, OWTS, etc. F For Parcels 5 and 6, provide a geotechnical ec aluation of the allot ial fan from a geotechnical engineer. Any recommended mitigation measures shall he included on the Site Plan 5. Prior to issuance of a budding permit for the residence. each owner shall pay the applicable employee housing and road impact fees. 6 I he owners of Parcels 3, 5 and 6 are not required to produce a PM10 mitigation plan, 7 I he Applicant shall comply with the follow mg roofing requirements Class A cot ering or Class A Assembly as defined b) the current') adopted Building Code. No wood shakes or shingles Roofs with less than a 3.12 pitch are not permitted unless the) comply with the following' A All roof curings shall be constructed of non-combustible materials and installed on a Class A roof assembly B All roof co'erings shall hay e a surface that shall facilitate the natural process of clearing roof debris C Protrusions above the roofline, such as parapets, shall he prohibited D Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1.48 Ir All roof designs, coy erings, or equivalent assemblies shall be specifically approy ed by the Fire Marshall prior to submittal of a building permit application. 8 Water Supply for Fire Safety Individual structure water supply and storage shall be accessible to fire department )chiales from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant) Hie parcel shall have a minimum 20,000 gallon water storage tank(or alternative approved by the Fire District) 9 No structural development in excess of 30"aboy e or below natural grade shall occur within the setbacks of the lot, with the exception of dm ew ass and associated retaining walls of up to 6' abut'e or below natural grade and fencing Landscaping in the form of perms shall not exceed tour feet from the most restrletke grade Any development located within setbacks mandated b) County zoning regulations that does not comply w ith these restrictions shall require a v ariance from the Board of Adjustment Approval of an activih envelope within such setbacks does not assure approval of a variance, Rt su6urton.vv 666-2n1- Page 4 10 No calculations for height, bulk, setback, size, floor area,or any other building and zoning requirements has e been conducted These requirements will be considered at the time of building permit An) structures represented in the application mas not be permitted under building and zoning regulations 11. Statutory s ested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Usc Code, § 2-20-170 and C.R.S , § 24-68-105. The statutory vested rights granted herein shall expire on September 26. 2028 1?e ril izon A'o OL e-201- Page NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIDIES WEEKLY on the 10°i day of August, 2018. APPROVED AND ADOPTED on the,6th day of September, 2018 PUBLISHED AFTER'�A/pI)OPTI FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the/y" ay °VIM)/y, 2018 ACT ST BOARD OF COUNTY COMMISSIONERS OF P11 ' N COLIN I Y,COLORADO Je etre Jones, / i Clapper, C hair U• •utv Clerk and Red.rder Q Date /V/9/"EJ APPROVED AS TO FORM. APPROVED AS TO CONTENT. u, at-I/lac# Jehn Ey" c& 1s-ri Nel (I,,h Cin liouhen. jy4County Attorney Y Community Development Director Case#P053-18 PIU#2643141000113; 264315302003,264323300006