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RECEPTION#: 654447, R: $0.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 6,03/08/2019 at 03:27:34 PM
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC") OF PITKIN
COUNTY,COLORADO GRANTING APPROVAL OF THE WINDSTAR VALLEY RANCH
LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW
Resolution No. 6(512019
RECITALS
1. Pursuant to Section 2.8.4 (Actions)of the Pitkin County Home Rule Charter("HRC"), all matters not
required to be acted upon by ordinance or formal resolution may be acted upon by informal
resolution.
2. Windstar Valley Ranch LLC (hereafter "Applicant") has applied to the Board of County
Commissioners of Pitkin County("BOCC")to establish an Activity Envelope and obtain Site Plan
review approval to restore a section of an unnamed tributary to Capitol Creek which runs through valley
of the property.
3. The restoration activities will be performed in phases overall several years during the spring, summer
and fall seasons when the activity will not disrupt agricultural activities, wildlife movement patterns,
and runoff events. To accommodate the proposed phasing of the project,the Applicant is seeking
extended vested rights associated with the approval of the Activity Envelope and Site Plan for a
period of ten(10)years pursuant to Section 2-20-170.
4. The property is located at 2317 Snowmass Creek Road, and is more specifically described in
Attachment A.
5. The parcel contains 957.43 acres and is conforming in size in the RS-30 zone district.
6. Historically the parcel has been utilized for agricultural purposes with the stream corridor providing a
water conveyance system to support those purposes. Due to past agricultural practices,the stream
corridor has become channelized,disconnected from its floodplain,and has resulted in significant bank
erosion.
7. In 1996,the Windstar Land Conservancy was encumbered by a conservation easement recorded at
Reception No. 400406. The conservation easement was granted to Pitkin County, is administered by
Pitkin County Open Space and Trails("POST"), and is co-held by Aspen Valley Land Trust
("AVLT")The purpose of the conservation easement is for the preservation of the critical elk
migration corridor and critical wildlife habitat, significant agricultural lands, scenic and ecological
features and to provide for limited public access to the property.
8. In 2001, a Wetland Banking Instrument was initiated with an ambitious goal of over 60 acres of
wetland. During that time,the wetlands were supported by supplemental flood irrigation flows from
the Walker Wonder Ditch. The bank boundary was never definitively mapped with USACE and the
banking instrument had ambiguous performance standards. After selling 3.27 acres of wetland bank
credits,the bank fell out of compliance.
Resolution No.Ol'i-2019
Page 2
9. In 2017 pursuant to Administrative Decision No. 39-2017, an Activity Envelope and Site Plan was
approved for the replacement of an agricultural structure. The agricultural structure was completed in
2018.
10. The application was referred to Pitkin County Open Space and Trails, Pitkin County Attorney,Pitkin
County Planning Engineer, Aspen Valley Land Trust,U.S. Army Corps of Engineers, Upper Snowmass
Creek Caucus,and Colorado Parks and Wildlife. Comments were provided from Aspen Valley Land
Trust,Pitkin County Open Space and Trails,and the Pitkin County Planning Engineer and are
incorporated herein.
11. The BOCC considered this application at a duly noticed public hearing on February 27,2019,at which
time evidence and testimony were presented with respect to the application.
12. The BOCC finds that the application for an Activity Envelope and Site Plan is consistent with the
applicable provisions of the Pitkin County Land Use Code as follows:
A. The applicant engaged Biohabitats,a company specializing in conservation planning and ecological
restoration, who assessed the subject corridor and provided restoration recommendations. Based on
the recommendations,the Applicant has designed a plan which will be implemented in phases over a
ten year period.
B. The proposed Activity Envelope encompasses the appropriate areas recommended for restoration per
the Biohabitats reports. All grading and revegetation activities will occur within the Activity
Envelope. Only native trees and appropriate native plant material will be utilized. In order to
ensure the establishment of the woody over-story, temporary wildlife exclusion fencing will be
erected.
C. The existing established road and primitive gravel roads established to support the agricultural uses
will be utilized to perform the restoration activities.The Applicant has stated that additional
temporary construction access may be needed to implement the plan outside of the defined Activity
Envelope.Any area outside of the established Activity Envelope needed for temporary construction
access shall be defined with each corresponding earthmoving permit which shall be reviewed and
approved by the Community Development Department.
D. A primary goal of the project is to improve water flow and drainage and address erosion issues.A
preliminary grading plan was submitted with the application. Detailed drainage and erosion control
plan will be required with each earthmoving permit.No additional runoff will be created.
E. The parcel is not located within a FEMA identified floodplain. A primary goal of the project is to
reconnect the stream to its floodplain thereby improving the flood carrying capacity.
F. Pursuant to Section 7-20-80(c)(2)and(d), bank stabilization, and restoration of natural dynamic
riverine functions is permitted within the riparian and wetland buffer areas.
G. The Applicant has appropriately obtained a Nationwide Permit from the U.S. Army Corps of
Engineers for the proposed project.
13. The BOCC finds that it is not appropriate to grant extended vested rights for a period of ten(10)years
given anticipated initiation of the work before the expiration of three years. If unforeseen problems arise
with commencing work,a request for an enlargement of vesting period can be brought to the BOCC.
The vested rights for the Activity Envelope and Site Plan shall be the statutory vesting period of three
(3)years.
14. The BOCC further finds the restoration plans will not diminish or impair the Conservation Values of
the Conservation Area. POST and AVLT have reviewed the application,and concluded the proposed
activities are consistent with the terms of the Conservation Easement.
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Resolution No.a5'-2019
Page 3
15. The BOCC further 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 Board of County Commissioners of Pitkin County,
Colorado that it does hereby approve the Windstar Valley Ranch LLC Activity Envelope and Site Plan
Review, and denies the request for Extended Vested Real Property Rights,and authorizes the Chair to sign
on behalf of the County.
BE IT FURTHER RESOLVED by the BOCC that this approval is subject to the following conditions,
which shall run with the land and be binding on all successors in interest.
1. The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. Prior to submission of an earthmoving permit for the restoration of the wetland bank and the
steam and pond system,the Applicant shall be required to submit for approval by the County
Attorney and Community Development an Activity Envelope and Site Plan in accordance with
Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.12. The above referenced
approvals shall be a condition precedent to finalization and recordation of them.
3. The Applicant shall be responsible for obtaining or amending any local, state and federal peimits
and approvals for the work proposed in the application, if required.
4. The Applicant shall comply with all temis and conditions of the U.S. Army Corp of Engineers
Nationwide Permit.
5. Any work permitted under this approval shall not close the property to public access as provided
under the Conservation Easement burdening the property, and shall minimize disturbance to the
adjacent property burdened by the access easement..
6. The Applicant shall submit an earthmoving permit for each phase of work clearly delineating the
extent of each phase. POST shall be notified by Community Development when each earthmoving
permit is submitted. With each earthmoving permit application,the Applicant shall:
A. Submit an affidavit or a copy of a certified letter confirming that the owner of Parcel No.
264502200005 has been notified of the proposed scope of work and the proposed
construction management plan.
B. Submit a copy of this recorded Resolution with the associated recorded Activity Envelope
and Site Plan.
C. Submit a drainage and erosion control plan and an accompanying drainage report
demonstrating that historical flow patterns and runoff amounts will be maintained,and
identify specific measures designed to reduce erosion and stream sedimentation. If the total
development disturbs one acre or more,a Colorado Department of Public Health and
Environment permit for Stormwater discharges associated with construction activities shall
be applied for and obtained prior to issuance of a peintit.
D. Provide plans and documentation of how the wetland bank will be brought into
compliance.
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Resolution No. -2019
Page 4
E. Provide a copy of the Nationwide Permit from the U.S. Army Corps of Engineers.
F. Provide detailed design plans of all pond improvements (as applicable).
G. Provide detailed design plans of the stream system restoration.
H. Submit a detailed Landscape/Re-vegetation Plan with appropriate native plant materials.
I. Submit a construction management plan. The plan shall specifically address continued
public access during construction and signage for public notification during construction.
J. Any area outside of the established Activity Envelope needed for temporary construction
access shall be defined with each corresponding earthmoving permit for review and approval
by the Community Development Department.
7. The Applicant shall demonstrate and ensure that the flood carrying capacity within the altered or
relocated section of any watercourse is maintained,or provide a letter from an engineer explaining
why this is unnecessary due to the site conditions.
8. Contractors shall be prohibited from bringing their dogs on-site.
9. The Applicant shall comply with the County's Noxious Weed Management Plan.
10. All plants used for landscaping and revegetation shall be native species. Disturbed areas shall be re-
vegetated within one growing season of the initial disturbance.
11. Ponds shall be constructed to meet the following Colorado Parks and Wildlife standards:
A. Ponds should have at least 2 banks with side slopes of at least 3:1, preferably 5:1,to
allow for ingress and egress of wildlife.
B. If a liner is to be used, a minimum of 18"of soil should be used on top of the liner.
C. If ponds are stocked with any non-native,non-salmonid species,a CPW stocking permit is
required.
D. If ponds are stocked with any fish species,consider screening the outlet and inlet with VI
inch screens to prevent fish passage into nearby waterways.
12. No development including grading,excavation,fill placement,berming, landscaping,vegetation
removal or disturbance, shall occur outside of the approved activity envelope, except as necessary
to comply with the wildfire and noxious weed mitigation measures.
13. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit(s)or approval(s) related to this property, or vested rights associated
with this property.
14. Statutory vested rights for the Activity Envelope and Site Plan approval referenced herein are
granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the
exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The
statutory vested rights granted herein shall expire on re_bructr-- D3 2022.
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Resolution No. / '-2O19
Page 5
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the,fr day
of ,2019.
APPROVED this 245"day of rt-L, ot- ,2019.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the 31aday of Ataad, 2019.
BOARD OF COUNTY COMMISISONERS
OF PITKIN CO TY,COLORADO
A "I ST: By
Gr os071 n,C/air
Date
Jea e e Jones,Clerk to he BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
°100-ft,efi-C4--
Cmi ouben,
., "County Attorney Community Development Director
P087-18
PID#264503100004
5
Resolution No. -2019
Page 6
ATTACHMENT A
A PAR0.2 OF LAND BONG PART OF SECTIONS 2510,71,14 AND 15 7OHWSIIP 9 SOUT11,RANGE 86
NEST OF 771E 6771 PR/NC/PAL MOWDIAN,SAID PARCEL AS MCE FULLY DESCRIBED AS mamm-
a-GAMIC ATA PONT BEING A FOUND NO.5 REAR a CAP MARKED LS 15714 INIFIVCE 771£SOUTH
1/4 CORNER OF SECTION.34 701N376P 8 SOWN RANGE 86 NEST OF 77E 6771 PRINCIPAL ANS IAN
BEARS N2807'070Y 3756.45 FEET,
THENCE S 89'51430'1 177.160 FEET TO A FOND Nay REBAR AND CAP MARKED LS 9184
THENCE S 31'477411E 245235 FEET 70 A FOUND Nay MBAR AND CAP MARKED LS 16129,-
178NCE S 58'0401E 337.24 FEET 70 A POINT WOW A FOUND LNSIUIRBED Nay REBAR&N.WOBLE
RED CAP BEARS 56592131'A DISTANCE OF 0.59 FEET,
THENCE S 06'56'3916 23430 FEET 70 A FOUND Nay MBAR AND CAP MARKED CS 16129;
7HENGE 5 27 29'911'411.00 FEET 7O A FOUND 7104 REBAR&CAP MARKED LS 25947;
7718710E S 20'0458'W 40.110 FEET 70 A FOUND Na5 MBAR AND CAP MARKED LS 18129;
THEW E 5 01'21S019 629.79 FEET 70 A FOUND NO.5 REBAR AND CAP MARKED LS 76129•
77 ENCS S 06'2721'E 77.123 FEET 70 A MIND 7105 REBAR AND CAP MARKED LS 16129;
1718710E S 18'3622E 51948 FEET 70 A FOUND Nay REBAR AND BROKEN RED CAP;
7115710(5 05'0124E 217486 FEET 70 A FOUND NO.5 REBAR
7118110.E 5 39'47'04"W 1189.66 FEET 70 A FOUND NO.5 REAR
MENCE S 40'1047'W 82813 PET 70 7HE SOUTH LAE OF 771E NW 1/4 OF 111E
NW 1/4 OF SAID SEC7IN 14;
7140JCE ALCM SAID LINE S 89'47'361V 118640 FEET 7O 771E NE7/76 CORNER; SECTION 15, 70WLAV/P
9 50(1771.RANGE 86 NEST OF 771E 677/PWIWO'AL AIER/D/AH;A FOUND NO6 REBAR AND 3 X'
ALUMINUM CAP MARKED LS 19594 2011;
THENCE ALONG 771£NORTH UNE'OF 771£57/2 OF SAID SEC77ON 15 S89'25'17012687.14 FEET 70 771E
N1/16 CORNER SECTION 15 IONN.A1P 9 SOU715 RANGE 86 NEST OF 771;6771 F'RMPCPAL MERIDIAN,A
FOUND Na6 REBAR AND 3 X`ALUMINUM CAP MARKED LS 19594 2011;
7HEVC£ALONG 771E NEST LINE CF 7PE NW//4 CF SATO array 15 1V00'417.77 1329.46 FEET 70 771E
N1/4 OE SAD SECTION 15
)FENCE ALCM 771E NORTH[NNE OF SAID SECTION 75 58976391Y 15833 FEET 70 A PONT ON 771E
NESRFN BOUNDARY OF LAZY 0 RANCH AS DESCRIBED N PLAT BOOK 34 AT PAGE 11,•
771ENCE ALONG SAID BOUNDARY 7HE REMAINING 171E(5)COURSES;
N 01'447OOW 3031.04 FEET 111691C A FOND NO.4 REBAR BEARS 71912629'E 1.176 FEET
THEW N 75'mot-1226.67 FEET;NOVCE A FOUND Na4 REBAR BEARS 54270'40'E 1.69 FEET;
771ENCE N 37'25'09'E 1951145 FEET 70 A FOUND Na4/DEBAR
7789/CE N 30'28'451 114039 FEET 70 A FOUND 1604 REAR
THOME N 08'26'81Y 80021 FEET 70 77E PONT CF 8EGiWWNG
PARCEL 8:
77109E PORTIONS OF LOIS 4 AAD 14 SECTION 2 AND LO75 1,47,413 AND 15/N SEC7701 4 R)NN57IP
9 3W77,,RANGE 88 NEST OF 771E 6711 PRINOPAL MERIDIAN DESCRIBED AS FELLONS
B£G'N/VNG AT A POINT WIENCE 77E SOUTH CIE QUARTER CORNER OF SECTION 34 70NN9'IP 8
S7U775 RANGE 86 IW.ST OF 7HE 67H PRINCIPAL AERDVAN BEARS N65'53'07 W 1289.88 FEET,
FOUND N0.4 REBAR AND CAP MARKED LS 15714 ALSO BONG A FONT OV 771E 7185'18X/BOUNDARY
OF LAZY 0 RANCH AS DESO%BID IN PLAT BOOK 34 AT PAGE 11;
THENCE ALONG SAID BOUNDARY 711E FOCLONNNG 7NENTY--CII'(21)CYX/RSES•
5 5377 W 420.93 FEET 70 A POUND N0.4 REBAR AND CAP MARKED LS 15714-
THENCE
5714THENCE S 31'44'E 146.55 FEET 70 A FOUND Na4 REBAR AMC CAP MARKED LS 15770;
PENCE S 20 159'E 21.100 FEET 70 A FOUND Na4 REBAR AND CAP MARDED LS 75714•
THOICF 523'40'E 8,115 FEET 70 A FOUND Na4 MBAR AND CAP MARKED LS15770
7716VCE S 42'08'E 281.40 FEET 70 A FOUND Na4 REBAR AND CAP MARKED LS 15714•
771')VCE S 28'11'£77.14 FEET 70 A FOUND Na4 REBAR AND CAP MARKED LS 15774• 1
THENCE S 06'23'W 177.65 FEET 173 A FOUND Na4 REBAR AND CAP MARKED LS 15714-
77ENCE S 40'20'W 9215 FEET 70 A P71W Na4 RERAR AND CAP MARKED LS 15714
7718710E S 81'21'W 247.64 FEET 70 A FOUND Na4 REBAR AND CAP MARKED LS 15714•
THE VC(N 84'28'W 86.9.7 FEET 70 A FOUND Na4 RADAR AND CAP MARKED LS/5710;
MENGE 5 76'07'W 10247 FEET-TO A FOUND Na4 REBAR AND CAP MARKED LS15710,•
1H£NCE S 57 59'W 49.59 FEET TOA raw 7104 REBAR AND CAP MARLED LS 15774•
?HENCE 5 41'35'W 184.40 FEET ID A raw 7124 REBAR AND CAP MARKED LS 1571a
THENCE S 47 14'W 2/7.03 FEET 70 A FOUND 7104 REBAR AND CAP MARKED LS 1571a
MANCE S 55'31'E 327.07 FEET 70 A FOUND 7144 REBAR AND CAP MARKED LS 1571a
NEW E N 57 04'E 10.261 FEET 70 A FOUND Na4 REAR AND CAP HARKED LS15714•
771ENCE S 69'37 K 16885 FEET 70 A FOUND 7/0l4 REBAR AND CAP MARKED LS 15714•
77101C S 80'04'E 13810 FEET 70 A FOUND Na4 REBAR AND CAP MARKED LS15no-
THENCE S 83'10'E 251.73 FEET TOA FOUND Na4 MBAR MD CAP MARLED LS 15710
7MENCE S 38'49'E 558.79 FEET 10 A FOUND Na4 REBAR AND CAP MARKED LS 15714'
17IEVCE S 10'01'E 58550 FEET 70 A FOUND Nay REE'AR AND CAP MARKED LS 15774 WENCE A
N0.5 REBAR&CAP MARKED LS 3317 BEARS N8872'49T 21.92 FEET,
WINCE N 89'5143'E 777.160 FEET 70 A FOUND Nay REBAR AND CAP MARKED LS 9184;
THENCE N 17'14'W 84811 FEET 70 A FOUND Na4 REBAR AND ELEGEM
71/ENCE N 46'33'W 6500 FEET 70 A FOUND Na4 REBAR AND CAP MARLED LS 25947,•
THENCE N 57 00'W 111167 FEET 70 A FOUND Na4 REBAR AND CAP MARKED LS 25947;
THENCE N 73'51'W 116.63 FEET TOA FOUND Na4 REBAR AND CAP MARKED LS 25947
77187101E N 39'08'W 13.120 FEET 70 A FOUND Na4 REBAR AND CAP MARKED LS 2594Z•
THEM E N 18'23'W 9000 FEET 70 A FOUND Na5 REBAR AND CAP MARKED LS 16129•
PENCE N 43'27'W 181.40 FEET 70 A FOUND Na4 REAR AND CAP MARKED 1_5 25947
77ENCE N 19'27 W 197.00 FEET 70 A FOUND Nay REBAR AND CAP MARKED LS 9184•
7110/CE N 31'33'E 24999 FEEL'
PENCE N 56'J671'W 202593 FEET 70 TIE PONT CF BEGINNING
COUNTY OF P17MN,STATE OF COLORADO
PARCEL G
EASEMEVT AGREEMENT 8(711 /HARED PABST AND 771£WNDSTAR FOINVDA170V RECORDED..UAE 29,
1979 IN BOOK 371 AT PACE 555 AND DESCRIBED AS FOLLOWS
A ROAD EASEMENT BONG LOCATED N SECTION 3 70NNENP 9 501771,RANGE 86 NEST OF 77E 6771
PR/NCJPAL MERIDIAN. SAD EASEMOVT/S 15 FEET ON EACH SDE OF 771E FOCLOWNG DESCRIBED
CL''N7ERLINE
BEGINNING ATA PONT BEING THE/N7ER.SECTION OF 771£CEN7ERLIN£OF 778 SNONMASS awn(ROAD
AND 77E HEREAFTER DESCRIBED EASE VT FROM WENCE TIE SO/7H 1/4 CORNER OF SEC770N 34,
70N1V91/P 8 SOUTI/,RANGE 86 NEST BEARS N 85 DEGREES 15'46'W 701445 FEET;
ROYCE S 43 DEGREES 1547'W 279.27 FEET,•
INENCE S 20 DEGREES 1802'W 29.289 FM;
DIENCE S 22 DEGREES SY48'E 291.03 FELT
newer S 31 DEGREES 17'18'E 21518 FEET 10 TIME ENO CF SAID EASEMENT.
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