HomeMy WebLinkAboutbocc.res.089.2019RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE JCH LLC SUBDIVISION CONCEPTUAL SUBMISSION, AND
ACTIVITY ENVELOPE REVIEW
Resolution No. &-2019
RECITALS
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. JCH LLC (hereafter "Applicant") have applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") to request Subdivision Conceptual Submission to subdivide the property
into two lots, and Activity Envelope Review to establish an Activity Envelope on the new lot (Lot 16B).
3. The property is located at 550 and 562 Midnight Mine Road and is described as Lot 16, Castle Creek
Valley Ranch Subdivision.
4. The lot is zoned AR -10 and contains 21.407 acres.
5. Pursuant to BOCC Resolution Nos. 90-124, and 92-174, the Board of County Commissioners
approved the Castle Creek Valley Ranch Subdivision ("CCVR'). The final Plat was approved
pursuant to BOCC Resolution No. 93-57 and recorded in Book 31 at Page 32. The CCVR
Subdivision Improvements Agreement is recorded in Book 709 at Page 766, while the CCVR
Covenants are recorded in Book 709 at Page 812.
6. Lot 16 was developed in 1962 with a single-family residence. Lot 16 and Lot 15 are unique in that
both lots existed prior to the creation of CCVR, but were included in the CCVR Subdivision and are
depicted on the CCVR plat.
7. In 1992, approval was granted to construct a voluntary Employee Dwelling Unit ("EDU") pursuant to
BOCC Resolution No. 92-412. The EDU was constructed, and deed restricted at Reception No.
355851. The EDU continues to be occupied by resident's employed within Pitkin County. Pursuant
to BOCC Resolution No. 92-412, development envelopes were established around the single-family
residence and the EDU and are depicted in Book 31 at Page 25.
8. In February 1993, the single-family residence was hit by an avalanche which destroyed the southeast
corner of the residence. Through consultation with Avalanche hazard profession Arthur I. Mears,
P.E., it was determined that an avalanche deflection structure was necessary to protect the residence
against future avalanches. A Subdivision Exemption for a Lot Line Adjustment was approved to
adjust the lot line between Lots 15 and 16 to accommodate the avalanche deflection structure on Lot
16 as recorded in Book 36 at Page 81. The structure was constructed and still exists on the lot today.
9. Improvements on the lot include a detached garage, an approximately 11,866 square foot single-
family residence, an approximately 2,038 square foot deed restricted EDU, and two ponds.
10. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly
scheduled meeting on August 20, 2019, and recommended approval by a vote of 6-1.
1111111111111111111111111111111111111111111 IN III III 1111111111111111111111111111111111111111111111111itIIII
RECEPTION#: 660525, R: $0.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 7,11/19/2019 at 10:08:46 AM
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. N1-2019
Page 2
11. The BOCC considered the proposed application on first reading at a duly noticed public hearing on
October 23rd, 2019 and on second reading at a regular meeting on November 6', 2019.
12. The BOCC granted a growth management allotment of 8,250 square feet of floor area for a single
family residence on the newly subdivided lot, pursuant to Resolution No.07 1 -2019.
13. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code as follows:
A. All slopes within the Activity Envelope are less than 30%. The proposed Activity Envelope is
similar to the previously designated envelope around the EDU, but has been reduced in size by
approximately 10%.
B. Eric Petterson, a wildfire hazard mitigation professional with Mountain West LLC visited the
property in June 2017 and determined that the property had a moderate wildfire hazard due to
slopes of less than 20% and continuous fuels around the envelopes. The Applicant commits to
comply with the wildfire mitigation recommendations found in the Mountain West LLC Wildfire
Hazard Report dated May 8, 2018.
C. The lot is not within the 100 -year floodplain, and the Activity Envelope is set back more than 150'
from any stream, wetland or riparian area.
D. The lot is mapped within an Avalanche Hazard Area. The Applicant engaged Arthur I Mears, P.E.,
Inc. and Wilbur Engineering, Inc. to analyze the potential avalanche hazard on the property. In
their resulting Snow Avalanche Hazard Analysis and Mapping Report dated December 12, 2016,
it was determined that a small area on the southern side of Lot 16B contains a Blue Avalanche
hazard zone. However, the previously approved and the currently proposed Activity Envelope
avoid the Blue Avalanche hazard areas.
E. The lot does not contain mapped or otherwise known wildlife habitat areas protected by the Land
Use Code.
F. The new lot will utilize the existing shared driveway serving the single-family residence and
EDU. This will eliminate the need for a new driveway and new utility cuts, and it will minimize
the amount of new land disturbance that would otherwise occur with development for access,
utilities and services.
G. The Subdivision is consistent with the 2003 Maroon/Castle Creek Master Plan and the scale of
surrounding development and will not result in significant adverse impacts on adjacent
properties, or the natural environment.
H. No road improvements will be required as a result of the subdivision. Current infrastructure
exists to serve the new lot and has the capacity to serve the lot.
14. The BOCC further finds that the CCVR Subdivision approvals do not prohibit further subdivision of
Lot 16. The CCVR Protective Covenants state, "None of the Free -Market, Resident -Occupied or
PMH Lots described on the Plat shall be further subdivided into smaller lots;" however, Article IV of
the CCVR Protective Covenants states "Lots 15 and 16 shall not be subject to the Protective
Covenants." The County is not a beneficiary to either provision of the Covenants, and the BOCC
subdivision approvals do not prohibit further subdivision of Lot 16.
15. The existing Category 3 Employee Dwelling Unit will be maintained on Lot 16B by the owner of Lot
16B. Until such time as a new free market residence is developed on Lot 16B, the existing deed
restricted residence shall be considered a primary residence, but shall be subject to the provisions of
the Occupancy Deed Restriction and Agreement recorded as Reception No. 355851. Upon
construction of a new residence, the deed restricted residence shall be considered as an accessory
structure to the new residence.
Resolution NoN -2019
Page 3
16. 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 hereby approves the JCH LLC Subdivision Conceptual Submission and Activity
Envelope, subject to the following conditions, which shall run with the land and be binding on all
successors in interest, and authorizes the Chair to sign the Resolution and upon the satisfaction of the
County Attorney as to form, execute any other associated documents necessary to complete this matter:
1. The Applicants shall adhere to all material representations made during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
2. With the Detailed Submission/Final Plat application, the Applicant shall:
A. Acknowledge that Lot 16A and 16B will remain burdened by the CCVR Covenants, the
Improvements Agreement, and any other prior CCVR approvals to the extent that Lot 16 is
presently included in the CCVR Subdivision.
B. Provide a site plan depicting where the water augmentation storage tank(s) will be buried and the
infrastructure required to make releases back to the stream. Any existing and, if necessary,
additional easements through adjacent properties shall be provided with the application.
3. The following shall be delineated on the Final Plat:
A. A driveway easement across Lot 16B to benefit Lot 16A.
4. Concurrent with recordation of the Final Plat, the Applicant shall record:
A. An Activity Envelope Plan for Lot 16B in accordance with Land Use Code Section 2-30-20(g)
and Application Manual Section 2.1.1. The Activity Envelope Plan shall first be submitted for
approval by the County Attorney and Community Development. The above referenced approvals
shall be a condition precedent to finalization and recordation.
The Category 3 Employee Dwelling Until shall be maintained on Lot 16B by the owner of Lot 16B.
Until such time as a new free market residence is developed on Lot 16B, the existing deed restricted
residence shall be considered a primary residence, but shall be subject to the provisions of the
Occupancy Deed Restriction and Agreement recorded as Reception No. 355851. Upon construction
of a new residence, the deed restricted residence shall be considered as an accessory structure to the
new residence.
6. Lot 16B is approved to develop a free-market single-family residence up to a maximum of 8,250
square feet of floor area. The allotted 8,250 square feet may be distributed between the free-market
single-family residence and a future addition to the Employee Dwelling Unit.
7. In no case shall more than 5,775 square feet of floor area be located above grade in the free-market
single-family residence. The remaining 2,475 square feet must meet the requirements for exempt
sub -grade space in Sec. 5-20-70(g)(1). The maximum height of the residence shall be 19.6 feet
measured to the midpoint and 24.6 feet measured to the ridgeline.
Resolution No.Nq -2019
Page 4
8. The lot is within the mapped Scenic View Protection Area ("SVPA") as viewed from Castle Creek
Road. With the application for Site Plan Review approval, the Applicant shall demonstrate compliance
with the standards in Sec. 7-20-120(d) for development as seen from Castle Creek Road. Indigenous
earth tone materials or colors shall be utilized on exterior surfaces and roofs shall have a non -
reflective composition.
9. The existing driveway serving Lot 16A and Lot 16B shall continue to be utilized as the driveway for
each lot. New driveways to the residences shall be prohibited.
10. Prior to submission of any building or other development permit applications for Lot 1613, the
Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to
Secs. 2-30-20 and 7-10-50 of the Code.
11. With the building permit application for Lot 1613, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
B. Pay the applicable road and employee housing impact fees.
C. Submit the receipt for the cash payment in lieu of dedicating land to the Aspen School District.
Calculation of the payment shall be based on the regulations in effect at the time of building permit
issuance.
D. Submit the receipt for the cash payment in lieu of dedicating land to the County for
parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect
at the time of building permit issuance.
E. Submit the receipt for the cash payment of $15,000 to Pitkin County to be used as needed for any
additional bicycle and pedestrian safety studies and/ or the implementation of planned
improvements within the Castle Creek Corridor.
F. Submit the receipt for the cash payment of $15,000 to the Aspen Fire Protection District to assist
them in attaining a side-by-side UTV.
G. Submit the receipt for the cash payment of $12,000 to the County and Ambulance District to assist
in installing bike racks, bear -proof trash containers and possibly crusher -fines on the old
primitive Nordic trail.
H. Submit and comply with the recommendations found in the Wildfire Hazard Report provided by
Eric Petterson of Mountain West LLC dated May 8, 2018. If a building permit is submitted later
than May 8, 2023 then a new Wildfire Hazard Report from a professional Wildfire Hazard
Mitigation Professional shall be obtained and any new recommendations within that report shall be
complied with.
I. Submit a fireplace/woodstove permit to the Community Development Department, if applicable.
J. Submit a site-specific drainage and erosion control plan and an accompanying drainage report
demonstrating 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 building permit.
K. Provide adequate engineering of any retaining walls over four (4) feet in height and/or any
improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of
seven (7) feet tall.
L. Submit a tree removal and mitigation plan if any trees with larger than 6" DBH are to be
removed.
Resolution No.R-2019
Page 5
M. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree
mitigation plan and a noxious weed management plan.
N. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets.
O. Submit representation of the exterior indigenous earth tone materials or colors.
P. Submit an access permit for any minor improvements to the driveway on Lot 2, which shall be
approved by the Planning Engineer and the Community Development Department. The
application shall include:
1. Compliance with the current Road Maintenance and Management Plan.
2. Engineering of any culvert crossings.
3. Compliance with the requirements of the Aspen Fire Protection District.
4. Details on all turn arounds and parking locations.
12. Prior to the issuance of a Certificate of Occupancy, the Applicant shall provide documentation that
0.20 c.f.s. of its 0.25 c.f.s Mosher Ditch and Pipeline irrigation water right has been dedicated to the
County, and/or County Beneficiary, and/or the Colorado Water Conservation Board ("CWCB") to
use for instream flow purposes. To do this, the Applicant shall work in conjunction with the CWCB
and Colorado Water Trust ("CWT"). Any necessary legal changes to the Mosher Ditch and Pipeline
water right shall be at the Applicants expense. If the CWCB does not accept the water right
dedication, then Pitkin County and/or County Beneficiary may accept the water rights dedication.
13. The Applicant shall comply with the recommendations found in the Wildfire Hazard Report provided
by Eric Petterson of Mountain West LLC dated May 8, 2018. If a building permit application for a new
residence is submitted after May 8, 2023, then a new Wildfire Hazard Report from a professional
Wildfire Hazard Mitigation Professional shall be obtained and any new recommendations within that
report shall be complied with.
14. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access, turning around of fire apparatus, water supply, and
installation of an approved fire sprinkler system. The residence shall be sprinkled unless otherwise
determined by the Chief Building Official.
15. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Dogs shall be kenneled within fifty feet of the residential buildings or leashed under human
supervision when outside a required kennel.
B. Contractors shall be prohibited from bringing their dogs on-site.
C. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not
exceed 48 inches in height above ground level and 12 inches in width (top view), and shall
have at least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed
42 inches in height.
3) Mesh or woven wire fences are prohibited, except when used for protection around
isolated trees or clumps of trees.
D. Avoid fruit -bearing trees and shrubs in any landscaping.
E. Trash/garbage shall be kept in an approved bear resistant container or enclosure during and after
construction.
Resolution NAN -2019
Page 6
F. Access shall be provided to the Colorado Parks and Wildlife for trapping, tagging, studying, or
otherwise managing wildlife.
G. All outside doors shall utilize only solid round handled doorknobs unless another type is required
by the applicable building code for disabled accessibility purposes.
H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April
through November.
16. All plants used for landscaping and revegetation shall be native species. Areas disturbed by
construction shall be re -vegetated within one growing season of the project's completion.
17. No development including grading, excavation, fill placement, berming, landscaping, or vegetation
removal or disturbance, shall occur outside of the approved activity envelope, except as necessary to
comply with the wildfire mitigation measures described above.
18. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
19. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
20. 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.
21. Statutory vested 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 Use
Code § -20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
2022.
Resolution No. O -2019
Page 7
NOTICE OF PUBLIC HEARING PURSUANT TO LAND USE CODE STCTION 2-10-
100(a)(2) PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /Q6OAY OF
Cqt, ob,e►- , 2019.
INTRODUCED AND FIRST READ ON THE 23rd DAY OF OCTOBER, 2019 AND SET FOR
SECOND READING ON THE 6th DAY OF NOVEMBER 2019.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RE OLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE V3 -'DAY OF -
, 2019. d- + ,.e_ t) �iw T� c,�, a+- Dry{ vb z y
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL IT SIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
`[ -DAY OF kqr 2019.
ADOPTED AFTER FINAL READING ON THE 6 &- DAY OF (t1/.,e- c 6e)"_ 2019.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 10" DAY OF� .¢ r , 2019.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincount�com) ON THE ;�JAi- _DAY OF�,�z,- 2019.
A5kaze
BOARD OF COUNTY COMMISSIONERS
1
BBy.
Jones Gre sc an, Chair
County Cler
Date: 4_1 �.� /
APPROVED AS TO FORM:
:s- aicli 'rc Neiley III,
- Assistant County Attorney
Case # P070-18
PID # 2735-261-01-001
APPROVED AS TO CONTENT:
c
Cin4 Houben,
Community Development Director