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HomeMy WebLinkAboutbocc.res.092.2019RECEPTION#: 660961, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 9, 12/05/2019 at 01:06:32 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE ACES TOKLAT LLC EXPANSION OF NON -CONFORMING USE OR STRUCTURE, ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A CARETAKER DWELLING UNIT Resolution No.,, q -2019 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. ACES Toklat LLC (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County ("BOCC") to remodel and expand the Catto Center at Toklat ("Toklat"), construct site and landscaping improvements, construct an accessory structure, and to construct a detached Caretaker Dwelling Unit ("CDU"). More specifically this scope of work includes: • Correcting any structural deficiencies found in a forth coming structural analysis; • Removal of various additions in poor condition; • Installing new mechanical, electrical, plumbing, and fire sprinkler systems; • Relocating the sleeping areas located over the main meeting hall and locating/constructing them to meet current building codes on the back side of the structure. The new living quarters will be approximately 2,800 square feet and will house ACES intern naturalists, or artists in residence; • Reconfiguring the main meeting hall; • Enlarging the library; • Relocating the entrance/reception area; • Constructing a new office space and remodeling/expanding the restroom area; • Constructing a new kitchen; • Constructing a 700 square foot detached CDU to the north of the main facility to house the fulltime caretaker; • Constructing a 370 square foot accessory structure to be used as a flexible space for naturalist talks, artist demonstrations, and other "breakout" uses; • Slightly reconfiguring the existing driveway and parking area to formalize parking spaces and provide emergency vehicle turnaround space; • Improving the entry path to meet accessibility requirements, formalizing campfire areas, and formalizing a small amphitheater to be used for gatherings and instruction; • Installing landscaping including alpine demonstration gardens, providing funds for the demonstration gardens can be secured. 3. The property is located at 11247 Castle Creek Road, and is more specifically described in Attachment A. 4. The parcel contains 2.79 acres and is non -conforming in size in the AR -10 zone district. 5. Toklat was originally constructed in 1948 by Stuart and Isabel Mace and was first operated as a bed and breakfast. The facility served as a residence for the Mace family who operated commercial dog sledding BOCC Resolution NoM- -2019 Page 2 trips, a restaurant, an art gallery, an artist workshop, guided nature walks, and educational gatherings centered on protecting nature. In 2004, the Aspen Center for Environmental Studies ("ACES") purchased the property and continued to use the facility for natural and environmental educational classes, retreats, community gatherings, hosting artists in residence, and leading naturalist excursions. To support these activities the facility has maintained a commercial kitchen, lodging for an on-site caretaker, and lodging for the naturalists and artists in residence. The structure and uses are considered to be non -conforming in the AR -10 zone district and are permitted pursuant to Sec. 9-40. 7. The existing floor area is approximately 6,222 square feet. The Applicant proposes to increase the total floor area on the parcel to approximately 10,956 square feet. 8. The application was referred to the Building Department, Planning Engineer, Attorney, Environmental Health Department, Colorado Parks and Wildlife, Aspen Historical Society, Aspen Nordic Council, Ashcroft Ski Touring, USFS, Castle Creek Caucus, and Aspen Fire Protection District. Comments were received from Colorado Parks and Wildlife and are incorporated herein. 9. The BOCC considered this application at a duly noticed public hearing on November 20, 2019, at which time evidence and testimony were presented with respect to the application. 10. The BOCC finds that the proposed Activity Envelope and Site Plan are consistent with the applicable requirements of the Code, as follows: A. The Applicant has established the property boundary around the 2.79 acre parcel as the proposed Activity Envelope. The entire parcel is comprised of slopes 20% or less, therefore no encroachment onto steep and potentially unstable slopes will occur. B. The County wildfire hazard mapping does not extend to the parcel. Physical features on the parcel such as shallow slopes, and a predominance of aspen trees indicate the wildfire hazard is likely low. The Applicant agrees to comply with the general wildfire hazard mitigation standards in Sec. 7-20- 60. C. The lot is not mapped within County regulated wildlife habitat areas. Impacts to wildlife can be mitigated pursuant to Sec. 7-20-70. D. The parcel is within the mapped Scenic View Protection Area ("SVPA") as viewed from Castle Creek Road. The remodeled structure will maintain the existing low profile of the existing structure. The main addition will be located behind the existing structure away from the road to limit any new visual impacts. Both the CDU and accessory structure have been clustered to the north of the main facility and will be partially screened by the existing mature aspen trees. The Applicant has committed to utilizing indigenous earth tone materials or colors and the roof will have a non - reflective composition. It has been represented that none of the structures will break a ridgeline. E. The parcel is not located within a FEMA identified floodplain. F. A preliminary drainage report prepared by RB Civil LLC, dated June 28, 2019 states the proposed development has been designed to be in compliance with Pitkin County water courses and drainage development standards. At building permit submittal, a drainage and erosion control plan and accompanying detailed drainage report will be required. G. No Blue line perennial steams, intermittent streams, or isolated, natural wetland and riparian areas have been identified on the parcel. H. The existing OWTS was evaluated by Carla Ostberg with CBO Inc. in 2013, who found the system in good condition. The proposed improvements will require the system to be reevaluated, and if necessary to be replaced or expanded. With the building permit application, the Applicant shall BOCC Resolution NoAV -2019 Page 3 submit the appropriate OWTS permit application to accommodate the proposed improvements to be reviewed and approved by the Environmental Health Department. I. The parcel is served by the private existing water system which is obtained from an open channel diversion located downstream of the Devaney Creek Ditch headgate. The Applicant states the associated existing water rights are adequate to serve the facility and detached CDU. Further demonstration of adequate water will be required with building permit submittal. 11. The BOCC further finds the caretaker dwelling unit complies with the special review criteria of the Code, is consistent with the character of the surrounding area, and that the impacts of the unit can be mitigated. 12. The BOCC further finds the Catto Center at Toklat is a non-profit institution whose mission is consistent with the purposes the Land Use Code and with the goals and policies of the Comprehensive Plan. Additionally, the associated civic and institutional uses provide amenities available to the general public, and are a not a growth generator. The proposed improvements have been designed to mitigate any adverse impacts and may be exempt from GMQS pursuant to Sec. 6-30- 120. 13. Pursuant to Section 9-50-30, the BOCC further finds that the expansion of the non -conforming Catto Center at Toklat will not have adverse impacts on the neighborhood, nor the County as a whole if conditions outlined below are adhered to. 14. The BOCC further finds that the request, as represented, is consistent with the Castle Creek Master Plan. 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 hereby approves the ACES Toklat LLC Expansion of Non -Conforming Use or Structure, Activity Envelope and Site Plan, Special Review and GMQS Exemption for a Caretaker Dwelling Unit, 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. 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 any future building permit applications, 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 Sections 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. 3. Prior to issuance of a building permit, the Applicant shall obtain a recorded caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. BOCC Resolution No.64� -2019 Page 4 4. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. Two off-street parking spaces shall be provided for the unit. The Housing Office may inspect the unit for compliance. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Resolution. The exterior of the buildings shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or composition. Reflective roof materials, with the exception of materials associated with solar or photovoltaic equipment, shall not be used unless the materials are treated to eliminate reflectivity prior to installation. 6. With a building permit application, the Applicant shall: A. Submit a copy of this recorded Resolution and the recorded Activity Envelope and Site Plan. B. Submit a demolition permit for the areas proposed to be deconstructed. C. 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. D. Submit a drainage and erosion control plan and 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 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 permit. E. Submit an Access Permit Application for any proposed improvements to the driveway which shall be approved by the Planning Engineer and the Aspen Fire Protection District. The application shall include the following: 1) Compliance with the current Road Maintenance and Management Plan; 2) Compliance with all requirements of the Fire Department; 3) Details on all turnarounds and parking locations. F. Provide adequate engineering for 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. G. Submit an OWTS permit application to be reviewed and approved by the Environmental Health Department to construct any necessary OWTS improvements. H. Submit a detailed landscape and revegetation plan for disturbed areas with appropriate native vegetation and seed mixes. L Submit a tree removal and mitigation plan if any trees with larger than 6" DBH are to be removed. J. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. Exterior lighting shall comply with the lighting code. K. Submit representation of the exterior indigenous earth tone materials or colors. L. Submit a fireplace/woodstove permit application, if applicable. 7. Prior to building permit issuance, the Applicant shall pay the road and employee housing impact fees, as applicable. BOCC Resolution No. 00-2019 Page 5 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, and installation of an approved fire sprinkler system. The facility shall be sprinkled unless otherwise determined by the Chief Building Official. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Defensible space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, 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 ten - foot (10') perimeter around all structures. 2) All branches from trees and brush within 30 feet of all structures (or to the property line) shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. Evergreens maybe limbed up 34' with approval from the Aspen Fire Department. 3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may touch and interconnect, as long as ladder fuels have been removed from beneath trees. So long as there is a wildfire separation of 10', trees may be clumped either inside or outside of the defensible space as approved by the Aspen Fire Department. 4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least 10' from the house unless trees closer to structures are approved by the Aspen Fire Department. 5) Up to 5 evergreen trees are allowed within 30' of all structures, but should be limbed to 10' and shall not have any flammable fuels underneath the trees. These trees shall be separated by at least 20', unless clumped together (no more than 3 trees in a clump) in which case the clump shall be separated by at least 30' from another clump or individual tree. The Aspen Fire Department may approve limbing of less than 10' feet and additional trees within the 30' defensible area at the time of building permit approval. 6) The Aspen Fire Department may approve trees within 15' of windows if the positioning and types of trees, as well as exterior materials of the building, are deemed acceptable to the Fire Marshall. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 8) All deadfall up to a one hundred (100) foot perimeter or the property line shall be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. BOCC Resolution No.V -2019 Page 6 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited unless approved by the Aspen Fire Department at the time of building permit. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements pursuant to this Section 10. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with four (4) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground. 10. The Applicant shall comply with the following conditions to mitigate impacts on wildlife: A. Dogs shall be kenneled within fifty feet of the buildings or leashed under human supervision when outside a required kennel. B. Contractors/construction workers shall be required to provide bear proof containers for all edible and food related trash. C. Contractors are prohibited from bringing their dogs on-site. D. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. E. Avoid planting berry, nut and fruit producing trees or shrubs palatable to bears. F. All outside doors shall utilize only solid round handled doorknobs unless another type is required by the applicable building code for disabled accessibility purposes. BOCC Resolution No. Yl� -2019 Page 7 G. 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. H. Wood rail fencing shall employ three rails or less, be the round or split rail type, shall not exceed 54 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between the lower two rails. I. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. 11. The Applicant shall comply with the County's Noxious Weed Management Plan. 12. 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. Landscaping shall be installed prior to issuance of the Certificate of Occupancy for the residence. 13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the parcel boundary/ Activity Envelope and install construction fencing around the construction site within the parcel boundary/ Activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 14. No development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 15. 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. 16. 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. 17. 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, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on / , 2022. BOCC Resolution No. Oq�-2019 Page 8 154, NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 111 day of , 2019. APPROVED AND ADOPTED, this �dayof .e4. , 2019. PUBLISHED AFTEROPT N FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of 2019. APPROVED AS TO Frau - John PID# 290930400801 P056-19 BOARD OF CO TY CONMSISONERS OF PITKIN C TY, COLORADO g By Greg/�'osghman, Chair Date APPROVED AS TO CONTENT: -� 0 C4 Cind 0 ouben, Community Development Director BOCC Resolution NoAr--2019 Page 9 ATTACHMENT A A PARCEL OF LAND SITUATED IN CASTLE FORK PLACER MINING CLAIM, U.S.M.S. NO. 2016 IN TOWNSHIP 11 SOUTH, RANGE 84 WEST OF THE SIX PRINCIPAL MERIDIAN LYING WESTERLY OF THE WESTERLY LINE OF CASTLE CREEK ROAD AS CONSTRUCTED AND IN PLACE, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS, TO WIT: BEGINNING T A POINT ON THE WESTERLY LINE OF AID ROAD WHICH LIES 15000'23"E 206.21 FEET FROM CORNER NO.2 OF H.E.S. NO. 94, THENCE N 63056'35'W323.99 FEET; THENCE S 0003945" W 545.42 FEET; THENCE N 66008'55"E 334.37 FEET TO A POINT ON THE WESTERLY LINE OF SAID ROAD; THENCE N 01 050'00"W 268.01 FEET ALONG THE WESTERLY LINE OF SAID ROAD TO THE POINT OF BEGINNING.