HomeMy WebLinkAboutbocc.packet.spec.06022003//MONDAY, JUNE 2, 2003
1 l:00 AM
SPECIAL MEETING
Executive Session
11:30 Land Use Policies, Cindy Houben
Base Village Meeting Preparation, Suzanne Wolff
1:30 PM ADJOURN SPECIAL MEETING
PITKIN COUNTY COMMISSIONERS
WORK SESSION AGENDA
Plaza One Conference Room
MEMORANDUM
TO:
FROM:
RE:
DATE:
Pitkin County Board of County Commissioners
Cindy Houben, Community Development Director
Land Use policies, 7m work session: Summary of work to date and review of the last
four sections including 1006,1009,1010,1011
June 2, 2003
Please find attached the revised version of the work to date on all sections other than the four we
will be discussing today.
oday s d~scuss~on includes sections:
1006: General Governance, which combines many of the existing policies. This section
includes the airport, federal lands and telecommunications all of which you may want to review
in order to see if they reflect your current policies.
1009 Public Health, Safety and Welfare
1010 Enforcement
1011 Ecological Bill of Rights
The majority of these policies have been reformatted but remain the same polices in the existing
Land Use Code.
Please recall the following issues that were to be discussed today (Dorthea and Shellie's
comments):
I. Historical Preservation (section 1006.05);
2. Enforcement needs to be in cooperation with other agencies;
3. The document is too long.
If the B OCC completes review of these sections today, Staff will make the necessary changes and
begin the code amendment process to adopt these policies and repeal the existing policies in
Section 2 of the Land Use Code.
ARTICLE I
LAND USE POLICIES
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
Introduction
Land Use Patterns
Open Space/Recreation/Trails
Agricultural Preservation
Environmental Quality
Citizen Housing
General Government
Economic Sustainability And Condition
Transportation/Transit/Roads
Public Health, Safety And Welfare
Enforcement
Ecological Bill of Rights
1000 INTRODUCTION
~;~,"m~Ce~i~crc~c='clblcb"toclearl andconcisel statcln-ts ositionon
· - rs roe owners and develo ers can refer to these olicies
as re uirements with which develo ment must corn I . These olicies will also serve as a foundation
u on which the Plannin and Zonin Commission Caucuses and other nei hborhood rou s ma rel to
develo Master Plans Caucus Plans or other documents meant to uide develo ment of a s ecific
eo ra hical area of the Count . The dominant ohc of P~tk~n Coun is to conserve and rotect from
· the resent natural environment and its resources.
All development shall be reviewed for conformance with these policies. Only development found to be in
compliance with these policies shall be permitted.
1001 LAND USE PATTERNS
1001.01 General.
It is the olic of the Count to locate future urban develo ment within ado ted urban rowth
boundaries in order to ~ revent s raw~ and stri develo merit 1o en ute the rovision of
ade uate urban services and to .... funds invested in ublic facilities to reserve
a riculture o en lands of rural character forest lands and ecolo ical s stems and o en s ace
uses~. Lands outside the bounda will be deemed most a ro date for the reservation
of a riculture natural habitat environmental resources o en s ace and uses ermitted b zonin . The
densit and uses allowed within existin areas of rowth will be determined b site s ecific studies
which include reco nition of Master lannin for the area outside the UGB.
1001.01(A). It is the policy of the County to manage the rate, type, location,
quality and ultimate quantity of growth.
1001.01(B). The location of public services and facilities that would encourage
development inconsistent with adopted plans and policies of the County is prohibited. The
County seeks to utilize the urban growth boundaries as the delineation of appropriate public
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ARTICLE I: POLICIES DRAFT DATED: 5~28~2003
MAJOR
POLICY
ISSUE
MAJOR
POLICY
ISSUE
service areas. The County also discourages the proliferation of package plants and other
community water and sewer systems. Already existing development may remedy inadequate
systems in manners necessary to comply with federal, state and local water quality
standards; however, new development outside the urban growth boundary shall not depend
upon extensions of public services, nor the creation of new systems or districts for public
services.
1001.01(C). All development requiring a new building permit shall be evaluated
for its physical and fiscal impacts to the environment, the County and adjacent communities.
Development may be required to make its fair share contributions, commensurate with its
impacts, to ensure that no reduction in the quality of services, public facilities or programs
provided to the community will result.
1001.01 (D) ..... ~ .... ;~ ..... ~' .... ,~ ~A;~.~.~,~.~-~ cc,,mmcrci2[
;~:~;+=A~ -~.~..~.~ ,- ........... '~ New retail commercial and industrial facilities shall be
located within established urban .qrowth boundaries. Unless allowed by special review,
new or expanded retail commercial or industrial development shall not be permitted outside
urban .clrowth boundaries. In the case of transit-oriented development, limited commercial
accessory uses, necessary to serve public transportation and its users, may be allowed if it
does not promote or rely upon accessory use by non-transit patrons. Recreational
commercial uses shall be considered on a case-by-case basis in accordance with the
Land Use Code.
1001.0i(E). It is the policy of the County to preserve its natural, rural scenery and
Natural Landmarks for the benefit of its residents and the continued viability of its resort
economy. To preserve scenic quality, the County may prohibit or require mitigation of the
visual impacts of land uses and development. To the extent possible, the County shall protect
scenic corridors along highways, County roadways and mountain road systems.
1001.01(F). Transfer of Development Rights (TDR) may be appropriate to
preserve and protect rural character, open space, scenic features, and environmental
resources, and to avoid development in environmentally constrained areas.
1001.01(G). New developments shall use site planning techniques, such as
setbacks, screening, berming, and landscaping to mitigate potential negative scenic impacts.
1001.01(H). In recognition that the developmental policies, proposed land uses,
and existing zoning distribution patterns of surrounding cities, towns and counties may result
in incompatible or detrimental land use impacts on Pitkin County, it is the policy of Pitkin
County to establish an effective intergovernmental understanding and agreement with the
surrounding cities, towns and counties for the purpose of attempting to mitigate or minimize
any potential detrimental land uses or related impacts upon the incorporated or
unincorporated areas of Pitkin County. IGAs may also be utilized to encourage the
preservation of open space lands and the protection of the rural and open character of the
unincorporated parts of Pitkin County
1001.01(I). Cluster development is encouraged where appropriate in density and
scale or based on an approved master plan, so as to minimize the cost of governmental and
other services; maximize open space; preserve agricultural lands; minimize automobile
congestion and hazardous conditions on public roads and highways; and, encourages
development activities which promote non-motorized transportation alternatives such as bike
trails, equestrian trails, pedestrian trails, and public transportation.
1001.01(J). New development shall not result in fundamental incompatibilities or
fundamental changes in the character of any neighborhood or area.
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1001.01(K). It is the policy of the County to ensure that the night sky can be
viewed by citizens without the interference of unnecessary artificial light from growth,
urbanization and highway development.
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1002 Open Space/Recreation/Trails
1002.01 General.
It is the policy of the County to preserve the physical environment-and to imprcvc provide recreational
and trail opportunities. Provisions should be made for existing open space to be protected and enhanced
in order to maintain the quality of life and enjoyment of the environment. The County seeks to ensure
citizens' rights of appropriate access to public lands on roads and trails historically open to the public.
1002.01(A). Parks, open space, and public recreation facilities shall be
encouraged throughout the County.
1002.01(B). Open space shall be used as a means of preserving the rural
character of the unincorporated County and as a means of protecting from development
those areas that have significant environmental, scenic or cultural value. The County seeks to
protect citizens' rights to dedicated open space protected from urbanization and development
1002.01(C). County-wide trails shall be promoted to serve transportation and/or
recreational purposes.
1002.01(D). The private sector, non-County agencies, and other governmental
jurisdictions shall be encouraged to participate in open space preservation and trails
development in Pitkin County.
1002.01(E). New development shall ensure the preservation of important
environmental areas, critical wildlife habitats and corridors, Natural Areas, Natural
Landmarks, historic and archaeological sites, and significant agricultural land.
1002.01(F). Management of individual open space lands, including those under
agricultural leases, shall follow good stewardship practices and other techniques that protect
and preserve natural and cultural resources.
1002.01(G). Requests for special uses or events shall be evaluated for their
impacts to natural and cultural resources as well as other management objectives and
maintenance considerations.
1002.01(H). Trails and trailheads shall be planned, designed, and constructed to
avoid or minimize the degradation of natural and cultural resources, especially riparian areas
and associated wildlife habitats.
1002.01(I). Special consideration shall be given to pedestrian, equestrian,
bicycle, and/or other uses of road rights-of-way during the design and construction of road
improvements.
1002.01(J). Where appropriate, trails should be incorporated into and provided
by new development and linked to established trails.
1003 AGRICULTURAL PRESERVATION
1003.01 General.
Productive agricultural land is a limited resource of environmental, cultural and economic value and
should be conserved and preserved.
1003.01(A). Applications for new development shall demonstrate that potential
detrimental impacts to agricultural uses from proposed development will be adequately
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mitigated to ensure the continuation of existing and establishment of new agricultural
operations and activities. New development should be sited in such a way so as to minimize
and/or prevent future conflicts.
1003.01(B). Development in agricultural lands shall provide soil and water
conservation plans to help ensure sound resource stewardship.
1003.01(C). Preservation and utilization of water for historically agricultural lands
within the County shall be encouraged.
1003.01(D). The fragmentation of large parcels of agricultural land is discouraged
and the assemblage of smaller parcels into larger, more manageable and agriculturally
productive tracts is encouraged.
1 OO4
1003.01(E). Severance of historic water rights, which diminishes the ~roductive
capacity of the land, shall not be used as a primary justification for rezoning.
ENVIRONMENTAL QUALITY
1004.01 General.
It is the policy of the County that new development maintains and does not exceed the carrying capacity
of the area, where "carrying capacity" includes but is not limited to: (1) the level of land use, human
activity, or development for a specific area that can be accommodated permanently without an
irreversible change in the quality e~ or air, water, land or plant and animal habitats; (2) the upper limits of
development beyond which the quality of human life, health, welfare, safety, or community character
within an area will be impaired; (3) the maximum level of development allowable under current zoning
considering the carrying capacity of the land from a physical and character based perspective
1004.01(A). Unique or distinctive natural features and ecosystems, and cultural
features and sites shall be conserved and preserved in recognition of the irreplaceable
character of such resources and their importance to the quality of life in Pitkin County. Natural
resources should be managed in a manner that is consistent with sound conservation
practices and ecological principles.
1004.01(B). Air, water and noise pollution; inappropriate development in natural
hazard areas; and overall environmental degradation shall be reduced as much as possible
or eliminated in order to prevent potential harm to life, health and property.
1004.01(C). Significant natural communities, including significant riparian
communities and rare plant sites, shall be conserved and preserved to retain living examples
of natural ecosystems, furnish a baseline of ecological processes and function, and enhance
and maintain the biodiversity of the region.
1004.01(D). Unique or critical environmental resources shall be conserved and
preserved in a manner that ensures their protection from adverse impacts, with the private
sector, non-County agencies and other governmental jurisdictions being encouraged to
participate.
1004.01(E). Conservation easements or other legally accepted methods between
the County, municipalities, and landowners, are encouraged as a tool for protecting
significant natural communities and rare plant sites on private property.
1004.01(F). The County encourages cooperation and participation with other
governmental agencies and other public and private organizations to devetop regional
approaches to natural community and rare plant protection. Where significant natural
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communities or rare plant sites have been identified on public land, the County will pursue
intergovernmental agreements to ensure the specific protection of these resources.
1004.01(G). Land use proposals shall avoid damaging, disturbing, or disrupting
any natural communities. Every effort shall be made to preserve mature trees, landscape
plantings, and other elements of the natural environment during the design and construction
of development, including road development.
1004.01(H). Landowners and other entities shall promote sound conservation
practices and, where appropriate, establish cooperative management plans.
1004.01(I). Management of environmentally important areas shall encourage
use or mimicry of natural processes, maintenance or reintroduction of native species,
restoration of degraded plant communities, elimination of undesirable non-native species,
minimization of human impacts, and development of long-term ecological monitoring
programs.
1004,01(J). The County will seek to ensure that the land is kept free of noxious and invasive
weeds.
1004.02 Wildlife.
It is the policy of the County to ensure that proposed land uses (including structures) are compatible with
the ecosystem of wildlife habitats and do not pose immediate, long term or potential detrimental impacts
to such habitats. The County seeks to protect citizens' rights to the preservation and restoration of native
wildlife and plant diversity by preservation of sufficient habitat.
1004.02(A). Critical wildlife habitats shall be conserved and preserved in order to
avoid the depletion of wildlife, and to perpetuate and encourage a diversity of species in the
County.
1004.02(B). Land use proposals shall be evaluated taking into account their
proximity to significant and critical wildlife habitats, including but not limited to critical deer
and elk habitat areas and range/migration routes.
1004,02(C). New development shall protect and preserve lands from activities
that will impair or destroy wildlife habitats.
1004.03 AquaticlRiparianNVetland.
Wetlands and riparian ecosystems, which are important to maintaining the overall balance of ecological
systems; and are important plant communities, wildlife habitat and movement corridors, shall be
conserved, protected and restored. The County seeks to protect citizens' rights to the preservation of
remaining natural riparian areas and wetlands.
1004.03(A). Preservation and utilization of water for environmental protection,
such as optimum or at least minimum stream flows, or agricultural purposes within the
County shall be encouraged.
1004.03(B). New development shall ensure maintenance of suitable minimum
and maximum stream flows that maintain channel morphology, support hydrologically
connected wetlands and perpetuate species, both plant and animal, dependent on riparian
ecosystems.
1004.03(C). Land use proposals shall avoid adverse impacts to riparian
ecosystems.
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1004.03(D). Management of riparian areas shall encourage use or mimicry of
natural processes, maintenance or reintroduction of native species, restoration of degraded
plant communities, elimination of undesirable exotic species, minimizing human impacts, and
development of long-term ecological monitoring programs.
1004.03(E). Land use proposals shall avoid damaging, disturbing, or disrupting
any significant wetlands.
1004.03(F). Regional approaches to wetlands protection shall be encouraged,
Where significant wetlands have been identified on public land, the County will pursue
intergovernmental agreements to ensure the specific protection of these resources.
1004.03(G). Development proposals affecting wetlands other than those identified
as significant, particularly those with high functional ratings, a large size, hydrologic
connections, wildlife habitat value, or human interest, shall also be evaluated for potential
impacts and mitigation measures.
1004.03(H). Where necessary to protect water resources and/or riparian habitat,
to the extent possible, areas adjacent to water bodiesl functional irrigation ditches and natural
water course areas shall remain free from development.
1004.04 Water Resources.
It is the policy of the County to preserve and protect its present water resources, recognizing the County's
semi-arid character and that significant transmountain and transbasin diversions and the vested rights of
senior appropriators have materially curtailed the availability of water resources. The County seeks to
protect citizens' rights to permanently protected minimum stream flows in rivers and creeks,
1004.04(A). No land uses shall be initiated that will adversely affect the quantity,
quality, or accessibility of water resources.
1004.04(B). No land uses shall be permitted which occur at the expense of
established water-dependent agricultural activities.
1004.04(C). No land uses shall be permitted that increase salinization of water or
loss of minimum stream flows.
1004.04(D). The County seeks to establish buffers along water surfaces to allow
for natural filters and minimize potential unintended impacts, such as sedimentation, erosion
or vegetative loss.
1004.04(E). Preservation and utilization of water for environmental protection,
such as optimum or at least minimum stream flows, or agricultural purposes within the
County, shall be encouraged.
1004.04(F). Development shall ensure the preservation or improvement of
groundwater quality as well as the conservation of groundwater supplies and shall be
consistent with the Regional 208 Water Quality Plan.
1004.04(G). Geological conditions in some areas of the County are such that
dependable or potable groundwater supplies may not be available for development.
Applicants for development who specify that groundwater shall be partially or solely utilized
as a water source, shall furnish hydrogeological or other acceptable evidence to establish
that dcflrJtc prcv!c.!cr, h~ bc.c,~ mcdc for a water supply exists that is sufficient in terms of
quantity, dependability, and quality for the intensive use proposed.
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MAJOR
POLICY
ISSUE
1004.04(H). Development shall maintain the function and quality of the
watercourses and areas of high quality aquatic habitats.
1004.04(I). New development shall ensure that adequate water in terms of
quality, quantity and dependability is both legally and actually available.
1004.04(J). To preserve and protect its present water resources, no land use
shall be initiated which would cause significant adverse effect on the quantity, quality, or
dependability of water resources in the County; or which would result in significant increased
salinization of water, loss of minimum instream flows, or result in future major public
expenditures to reacquire or redistribute water resources.
1004,05 Natural Landmarks and Natural Areas
1004.05(A). General. Pitkin County contains a unique combination of alpine and
sub-alpine, forest and tundra environments. This environmental heritage includes non-
renewable, irreplaceable resources such as natural areas and natural landmarks that warrant
preservation from destruction or harmful alteration.
1004.05(B). Natural Landmarks. Natural landmarks are defined as prominent
landscape features that distinguish specific localities in Pitkin County and are important
because of the views they afford, their value as scenic vistas and backdrops, and the intrinsic
value they hold as wildlife or plant habitats, natural areas, park and open space preserves,
and open land areas.
1. Natural Landmarks are designated for scenic, visual and aesthetic values,
providing a record of the natural heritage of Pitkin County. Natural Landmarks may
have additional cultural, ecological, or geological attributes, becoming higher
priorities for designation and protection with an assemblage of values. However, the
single criterion for consideration of an area for Natural Landmark status will be its
visual and scenic prominence as a landscape feature.
2. Natural Landmarks Objectives: The chief objective of the goals and policies is to
protect and conserve unique or critical environmental resources through the
encouragement of compatibility between proposed development and designated
Natural Landmarks. Additional objectives include: to mitigate negative impacts to
Landmarks and ensure proposed development does not harm, degrade, or impair the
purposes or values for which the Natural Landmark was designated; and to provide
assistance, incentives and regulations for land owners to maintain Natural
Landmarks.
1004.05(C). Natural Areas, A natural area is a physical or biological area, which
either retains or has reestablished its natural character, although it need not be completely
undisturbed, and which typifies native vegetation and associated biological and geological
features or provides habitat for rare or endangered animal or plant species or includes
geologic or other natural features of scientific or educational value (House Bill #1184, 1'988).
1. Natural Areas differ from Natural Landmarks in several distinctive ways: Natural
Areas may combine an assemblage of ecological, biological, geological, historical,
and archaeological values in one place; Use requirements for Natural Areas may be
more restrictive than those requirements determined to be appropriate for natural
landmarks, depending upon sensitivity to disturbance; Permitted uses of Natural
Areas will reflect the need to maintain the specific values of each of the Natural
Areas. Scientific and educational uses should be encouraged where appropriate on
Natural Areas; and, Natural Areas need not be scenic or visually prominent on the
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landscape. Management criteria for Natural Areas must account for the rare or
unique attributes of these areas with specific steps implemented to maintain or
enhance the natural values.
2. Pitkin County Natural Area designations are intended to preserve the inherent
environmental resources while providing select opportunities for scientific research
and education. Land ownership may consist of a mosaic of public and private
properties. County Natural Areas may include any number of state and federal
designations that also recognize the natural values of these areas. The minimum
threshold for designation as a Pitkin County Natural Area is for the area to meet more
than one of the criteria. In most instances several of the designation criteria are met
within the Natural Area.
3. Natural Area Criteria: Natural formations or features (including geologic
structures and strata) which significantly illustrate geologic processes; Significant
fossil evidence of the development of life on earth; An undisturbed ecological
community maintaining itself under prevailing natural conditions typical of Colorado
(pre-settlement ecological condition and function composed mostly or entirely of
native species); An ecological community significantly illustrating the process of
succession and restoration to a natural condition following disruptive
change; A habitat supporting an endangered, threatened, rare, endemic or restricted
species; A relict flora or fauna (established under different climatic conditions); A
seasonal haven for concentrations of native animals, or a vantage point for observing
concentrated populations (e.g., a constricted migration route); An area containing
significant evidence illustrating important scientific discoveries (e.g., a type locality
where a species was first discovered and described); A habitat for species with
unique anatomical, physiological, or behavioral characteristics and adaptations for
survival; A study site for the biology of a particular species or taxonomic group; An
area demonstrating well-developed, diverse or unusual ecological community
structure; Designation by a state or federal agency of an area meeting the criteria
within the County.
4. Natural Areas Policies
a. Natural Areas shall be protected from destruction or harmful
alteration.
b. Natural Areas shall be preserved through the planning of compatible
surrounding land uses. Land use proposals, which may have potential adverse
impacts to Natural Areas, shall be dealt with on a case-by-case basis.
Depending on the scale and location of the proposal and the scope of the
adverse impacts, the County may determine that a site-specific evaluation of the
impacts is warranted and will be required of the applicant.
c. The County Wildlife Biologist shall conduct analyses of designated
Natural Areas for the purpose of determining land ownership and a feasible
program for maintenance and enhancement of these areas. The purpose of such
analyses shall be the formulation of management programs, in direct cooperation
with landowners. In instances of potential detrimental land use encroachments,
the use of buffer zones to further insulate designated Natural Areas shall be
encouraged.
d. Pitkin County, utilizing County staff, volunteers, and professionals,
shall research potential County Natural Areas and Natural Landmarks. The
purpose of such research will be to create an Environmental Resources Element,
including qualified areas and landmarks.
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e. Designated Natural Areas that also have other environmental
designations (e.g. critical wildlife habitats, wetlands, rare plant sites) will be dealt
with according to all appropriate policies and regulations.
f. The County shall identify and work to ensure the preservation of
critical wildlife habitats, Natural Areas, environmental conservation areas and
significant agricultural land.
g. The County shall use its open space program as one means of
achieving its environmental resources and cultural preservation goals.
h. The Land Management, Community Development, Wildlife Biologist
and Open Space & Trails Departments shall conduct analyses of existing Natural
Areas for the purpose of identifying land ownership and a feasible program for
protection of the environmental values of the area. Buffer zones will be
designated to appropriately insulate Natural Areas from detrimental land use
encroachments.
i. From time to time Natural Area designations may be revised or
deleted to reflect changing conditions or new categories of designation.
1005 CITIZEN HOUSING
1005.01 General.
It is the policy of the County to ensure the existence of a supply of desirable and affordable housing for
persons employed in Pitkin County, senior citizens, the handicapped, and other qualified persons of Pitkin
County. Pitkin County seeks to preserve existing affordable housing to the extent possible; and to
encourage the development of affordable housing within established urban growth boundaries, where
employment, services and facilities are typically already established.
1005.01(A). It is the policy of Pitkin County to require that there be existing,
available affordable housing for all employees generated by any proposed development.
IM,4JOR
POLICY
ISSUE
1005.01(B). A diversity of housing types and densities shall be encouraqed in
order to ensure affordable housinq for a range of individual and families. Deed restricted
hous nq that ensures occupancy by citlzc,~, c,qd full time residents shall be preferred for
development, especially within urban qrowth boundaries. Affordable housinq outside .qruwth
boundaries shall only be acceptable if it is:
· Employee Dwelling Units (EDU) and Caretaker Dwelling Units (CDU);
· Job related on-site housing;
· Conversion of ex sting locally serving housinq and;
· On-site required mitigation housing
· Replacement of existing affordable housing
Affordable housing of urban or suburban densities shall not be accepted outside the urban
qrowth boundaries if it promotes sprawl or other development inconsistent with this or othur
policies or requlations of the County. This policy shall be reviewed at least every 5 yeats
in coniunction with the Land Use Pattern Policy in order to determine if the need for
affordable Housing is bein.q adequately accommodated within the established UGB's.
1005.01 (C). Quality residential areas, which function as integral neighborhood
units, are encouraged.
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1005.01(D). Rehabilitation of existing residential facilities should be promoted
where feasible. The purchase and buy-down of existing units throughout the County is
encouraged since it promotes affordable housing goals without increasing growth rates or
impacts.
1005.01(E). Special attention should be directed to providing for dispersal of
housing for Iow and moderate income families and Iow income senior citizens throughout the
residential areas of the urban growth boundaries with due consideration to other policies of
the County and the availability of water and sewer service, fire protection, public
transportation, employment, shopping, schools, social services, and recreational activities.
1005.01(F). The use of energy conservation and innovative home building
techniques in order to reduce construction and/or operating costs without sacrificing safety or
desirability of the housing shall be encouraged and supported. When appropriate, the
revision or adoption of building codes will be encouraged to meet this objective. For deed
restricted housing projects, a preference will be given to developers and contractors that
utilize such techniques.
1006 GENERAL GOVERNMENT/PUBLIC PARTICIPATION AND PLANNING PROCESSES
1006.01 General.
The County shall encourage public participation, when public and quasi-public bodies are making
decisions, which significantly affect citizens.
1006.01(A). Pitkin County acknowledges the benefit of regional planning. To that
end, the County supports planning efforts between counties, towns, and federal agencies.
These cross-jurisdictional approaches are most notably important in the venues of
transportation, housing, open space, agricultural lands, and human and social services.
1006.01(B). To accomplish a cooperative and coordinated land use planning
effort among the region's municipalities and counties, it is the policy of Pitkin County to enter
into intergovernmental contracts with the municipalities for the purpose of implementing the
land use proposals and policies of any jointly adopted plans. Where such jointly adopted
plans do not exist, referral practices and substantial opportunities for dialogue of interests
shall be sought.
1006.01(C). When appropriate, the County shall encourage and support the
formation of citizen groups to participate in planning-related matters. The Board of County
Commissioners may appoint/form ad hoc citizen advisory groups or request the appointment
of such groups.
1006.01(D). The County shall encourage the utilization of the Colorado Joint
Review Process, CRS 34-10-101et seq., as amended, for any major natural resource
development proposed to be located in Pitkin County. The County encourages the utilization
of the Colorado Joint Review Process to reduce confusion and delay in the permitting
process and to create a more efficient process that recognizes the integrity of each office and
agency of local, state and federal government.
1006.01(E). The County encourages and promotes coordination and cooperation
between Federal, State, and Local Government entities charged with making decisions that
significantly affect land use in Pitkin County.
1006.01(F). Wilderness areas within and surrounding Pitkin County provide
residents and visitors with incredible vistas and opportunities for experiencing the natural
environment while renewing their "mind, body, and spirit." The County seeks to protect
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citizens' rights to protection of designated Wilderness through management of adjoining land
in a way that preserves the integrity of the wilderness areas.
1006.01(G). Pitkin County promotes the preparation of community-based plans
by Caucuses or other neighborhood groups that are consistent with the policies of this Plan
and other policies adopted by the Board of County Commissioners. Recognizing the unique
qualities and issues inherent in our County, creative approaches to land use are encouraged.
1006.01(H). Land use proposals shall demonstrate their compatibility with
existing neighborhoods. The County wil~ provide notification of pending applications to the
affected adjoining property owners, homeowners associations and neighborhood caucus
groups.
1006.01(I). Adequate facilities and services, which provide diverse educational,
cultural, and social opportunities, or enhance the health, safety and welfare of all citizens,
should be promoted.
1006.02 Federal and State Lands.
The County shall preserve and protect public lands from the impacts of incompatible development by
promoting land uses within and nearby public lands which are compatible with public use of those lands,
and with preservation of the natural environment.
1006.02(A). Lands within the County, which are owned and may be disposed of
by other governmental agencies, may be appropriate for acquisition by the County.
1006.02(B). Existing access points to public lands shall be preserved and new
access points shall be secured consistent with County and Federal plans and policies.
1006.02(C). The County promotes the transfer of private inholdings to public
ownership with the objective of ensuring the consistent management of public lands at the
landscape level, and reducing conflicts between private owners and developers, and the
public at large.
1006.02(D). It is the policy of the County to favor upper mountain expansion of
existing permitted ski areas. New ski area proposals are prohibited. The County shall review
all ski area proposals for conformance with County goals, policies and regulations.
Coordination with the Forest Service and ski area proponents regarding ski area
development will consider both on and off-site impacts. Off-site impacts may include, but are
not limited to, affordable housing, transportation, waterways, air quality and adjacent
neighborhoods.
1006.02(E). Ski area development proposals, including new or expanded uses
and activities, shall be primarily focused on expanding uses during non-peak periods.
Exacerbating congestion and service demands during peak periods shall be discouraged.
1006.02(F). The County will work with the US Forest Service to ensure the
protection of the remaining roadless areas in Pitkin County.
1006.02(G). The County shall review proposals for development or other uses or
activities on Federal or State lands for conformance with Pitkin County policies and codes.
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' ARTICLE I: POLICIES
DRAFT DATED: 5/28/2003
1006.03 Solid Waste Management.
Pitkin County is committed to all economically and environmentally appropriate processes that are
directed toward reuse opportunities, improved site environment and the prolonging of landfill life in order
to reduce land requirements for final disposal purposes.
1006.03(A). Efforts shall be made to reduce the amount of solid waste disposed
of in landfills, through such diversions as rubble, sludge, wood scraps and yard waste to
more useful purposes and through the implementation of effective resource recovery and
recycling activities.
1006.03(B). The County encourages the reduction of waste generation.
1006.03(C). The County promotes conversion of the County's solid waste from an
environmental and social liability to a public asset by considering solid waste as a viable
resource. Green building practices, and the recycling of used building or demolition products
shall be promoted.
1l)06.03(D). Solid waste facilities shall be planned, located, designed and
operated to prevent unacceptable air, water, noise and visual pollution and to promote the
development of resource recovery and recycling opportunities. The planning and design of
solid waste facilities shall be based on normal waste generation in Pitkin County using the
latest and most reliable population, land use and waste generation types and projections.
1006.03(E). Other than household hazardous waste, hazardous waste disposal
facilities shall not be located in Pitkin County because of the potential for damage to life,
health and the environment from a permanent disposal site. Transfer facilities for the handling
of small quantities of hazardous waste may be allowed if such facilities can meet all federal,
state, and local requirements for the handling of hazardous wastes.
1006.03(F). Any proposed privately owned transfer stations shall ensure that
comprehensive recycling is implemented, but that diversion does not detriment Countywide
recycling efforts, economically or physically.
1006.64 Pitkin County Airport (aka Sardy Field).
The County will partner with public, private and non-profit entities to ensure a continued quality air service
at Sardy Field.
1006.04(A). Options for physical upgrades that allow safer and improved service,
without significant impacts to neighboring areas, may be considered. All necessary
improvements shall be designed to minimize visual and noise impacts on the community to
the extent possible.
1006.04(B). No expansions or improvements that would promote general aviation
operations that negatively impact neighboring areas shall be allowed.
1006.05 Cultural/Historical Resources.
It is the policy of Pitkin County to ensure that historic and archaeological resources are preserved,
protected and maintained.
1006.05(A). Every effort shall be made to identify and protect prehistoric and
historic sites that meet national, state, or local criteria for historic designation from destruction
or harmful alteration.
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ARTICLE I: POLICIES DRAFT DATED: 5~28~2003
1006.05(B). Whenever possible, the County shall further the goals of cultural and
historic resource preservation using education and incentives.
1006.05(C). The County's environmental heritage includes non-renewable
resources such as natural areas, historic/archaeological sites and natural landmarks. As
irreplaceable resources, they warrant preservation from destruction or harmful alteration.
1006.05(D). Lands identified as archaeological shall be preserved and protected
from development.
1006.05(E). The County shall encourage private owners to investigate and utilize
the preservation programs offered by other governmental entities and private foundations and
shall make information on designated environmental resources available to such entities
where appropriate.
1006.05(F). Resources that meet the criteria for local landmark, or State or
National Register status should be nominated for such status by the County.
1006.05(G). Land use proposals for areas identified as being archaeologically
sensitive may require an investigation by the Applicant of the area's archaeological
significance.
1006.05(H). Pitkin County shal~ encourage interjurisdictional cooperation to
further the goals of historic and archaeological preservation.
1006.05(I). Pursuant to state and federal laws regarding disclosure of
information pertaining to historic and archaeological sites, the location of extremely fragile
sites shall not be public information in order to protect these sites.
1006.05(J). In order to promote preservation of important historic and cultural
resources, the County may offer the owners of properties that are designated as historic
resources incentives under the development standards and regulations of the County Code,
such as growth management scoring benefits and/or exemptions; and, variations from the
building code requirements, provided the variations support preservation of the historical
resource or landmark and the variation is not placing the health, safety, and welfare of
County residents and visitors at risk.
1006.05(K). Applicants engaged in a discretionary land use proposal in a location
where Native American artifacts have been found or where oral traditions indicate Native
Americans used the site in the past, shall conduct research to determine the extent of the
archaeological significance of the site. Prior to the removal of any artifacts or further
development on any such site, the County and applicant shall confer with the affected Native
American nation or nations to receive recommendations as to the appropriate mitigation
measures necessary for protection of the site.
1006.06 Mineral Resources and Logging.
The County seeks to protect the natural environment from adverse impacts caused by mineral or other
natural resource extraction and logging activity.
1006.06(A). The County promotes the regulation of logging activities; the mining
of any mineral or earthen material; and the exploration for, development of, and production of
petroleum, natural gas, subsurface mining, gasification, liquefaction, and geothermal
resources; as well as all accessory activities related thereto, to the maximum extent permitted
by federal and state statutes to mitigate impacts on the local community and environment. All
Draft #1, P&Z/BOCC Distribution for 10/17/2001 Public Meeting Page
' ARTICLE I: POLICIES DRAFT DATED: 5/28/2003
1007
appropriate measures to return the land to its previous natural state shall be required upon
completion of these activities.
1006.06(B). In cooperation with the Colorado Mined Land Reclamation Board
and its staff, the County shall require that all "affected land" as defined by Colorado Statute,
be reclaimed whether the subject mining activity shall have been open mining or subsurface
mining.
1006.07 Telecommunications.
The County encourages adequate regional and community telecommunications facilities to serve the
needs of governments, businesses, and citizens of Pitkin County while avoiding or minimizing any
negative impacts associated with telecommunications facilities.
1006.07(A). Multiple telecommunications facilities shall be consolidated onto
common towers, when feasible and not otherwise detrimental.
1006.07(B). Telecommunications facilities are encouraged to locate adjacent to,
on or incorporated into existing or proposed buildings or other structures.
1006.07(C). Where a telecommunications system utilizes a network of facilities; a
comprehensive approach shall be taken for evaluating potential sites in Pitkin County with a
view to minimizing the number of sites required and any adverse impact.
1006.08 Other Services and Facilities.
1006.08(A). Extensions of public and private utilities shall be consistent with
urban growth boundaries and other Plans and policies that address development patterns.
1006.08(B). New development shall make fair share contributions,
commensurate with its impacts, to ensure that no reduction in the quality of services, public
facilities or programs occurs as a result of the project.
1006.08(C). Adequate sewage treatment facilities shall be available to serve new
development. Any proposed system must be adequately shown to be financially feasible
considering a reasonable tax base and other legal criteria. No new development that
proposes to be served by State regulated systems that are under violation, or systems under
order to plan for expansion based upon capacity, shall be approved.
1006.08(D). New development is encouraged to incorporate energy conserving
systems and building systems that minimize consumption of energy.
ECONOMIC SUSTAINABILITY AND CONDITION
1007.01 General.
A balanced, diversified economy should be ~.rc,.mctcd supported in order to maintain and enhance the
quality of life by assuring desirable local employment opportun t es '";'~-~.
Strengthening and stabilizing the tax base is desirable as long as it does not promote inappropriate
growth.
1007.01(A). New or expanding businesses, which utilize environmentally
sustaining operating practices, and recycle monies back into the local economy, and which
do not have an adverse impact upon the surrounding areas, shall be considered. -,Icast
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ARTICLE I: POLICIES DRAFT DATED: 5~28~2003
10O8
1007.01(B). A climate for economic opportunity that is consistent with community
growth desires, and the ability of the community to absorb growth, should be encouraged.
TRANSPORTATION/TRANSIT/ROADS
POLICY
Issue
1008.01 General.
The County encourages transportation programs that minimize automobile congestion, promote safety
and reduce sources of air pollution. The County encourages transportation modes and land use patterns
that reduce automobile use. Non-motorized transportation alternatives, such as trails for bicycles, horses,
pedestrians and cross-County skiers are encouraged.
1008.01(A). New development shall promote and/or be designed to utilize public
transit and higher vehicle occupancy rates, the use of bicycles and other energy effective
means of transport to increase energy efficiency, as well as to promote improved air quality.
1008.01(B). Travel diversion to the public transit system shall be encouraged by
promoting higher convenience access points and by integration of transit services with other
modes by incorporating such facilities as busways, bicycle facilities, park-n-ride lots, intercept
lots, and transit convenience facilities (such as shelters and restrooms),
1008.01(C). Accessibility shall be improved through the construction or
improvement of key links in the roadway and bikeway systems and by encouraging improved
transit service.
1008.01(D). Development applications and planning efforts, which occur on or
nearby potential rail alignments, as delineated in the Corridor Investment Study, shall not be
allowed to impede the development of rail in the future. Preservation of potential transit stops
and corridor uses shall be considered along with safe transit and pedestrian crossings.
1008.01(E). No development shall be allowed to prevent the options of the
community to pursue rail or other improved transit alternatives along such corridors that may
become desirable.
1008.02 Roadways.
1008.02(A). It is the policy of the County to ensure that new and upgraded
roadways are designed, engineered and constructed to minimize environmental and
aesthetic damage and future maintenance costs consistent with public safety needs.
1008.02(B). The County seeks to retain our dirt roads in their present condition,
as a reflection of our rural character. The County also seeks to preclude winter maintenance
extending farther into remote areas of the County. The safety and rural character impacts
likely from increased winter maintenance is avoidable and undesirable.
1008.02(C). All new developments shall dedicate their share of right-of-way
necessary to accommodate safe and adequate roadway capacity, consistent with the right-of-
way widths specified on the Road Management Plan
1008.02(D). Special consideration shall be given to pedestrian, equestrian,
bicycle and/or other uses of road rights-of-way during the design and construction of all road
improvements.
1008.02(E). Public access roads to all proposed developments shall be designed
and constructed to Pitkin County Road Design Standards and Specifications.
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ARTICLE I: POLICIES DRAFT DATED: 5/28/2003
1008.02(F). Appropriate buffer strips should be preserved along federal, state
and local roadways to protect public views, minimize safety concerns and environmental
impacts, and to preserve corridors for future transportation facilities.
1008.02(G). Access in "natural hazard areas" which presents danger to life and
property shall be carefully controlled or prohibited.
1008.02(H). Roadway capacity improvements will be developed in a manner that
integrates alternative modes of transportation, such as bicycles, transit, and pedestrians, in
the improvement to add "people carrying" capacity to the roadway, not just vehicular capacity,
whenever feasible. Development that causes significant service level reductions shall be
prohibited.
1008.03 Trails.
1008.03(A).
possible.
Access to trails shall be preserved and enhanced whenever
1008.03(B). Pedestrian and bicycle crossings of major roads and highways shall
be improved for the safest passage possible, consistent with the other goals of this Plan and
regulations of the County. Grade separated options, or signal regulated assistance, shall be
considered appropriate for areas of intensive use.
1009
1008.03(C). Bikeways and sidewalks shall be provided in new developments
where warranted. Bikeways shall be provided to link residential and employment areas,
commercial centers, recreational and open space areas, and educational facilities.
PUBLIC HEALTH AND SAFETY
1009.01 Natural Hazards.
Development in natural hazard areas shall be avoided. When avoidance is not possible, all reasonable
mitigation designed to minimize potential harm to life, safety, health, and property shall be required.
1009.01(A). Planning and development decisions shall be made upon conscious
determination of the level of risk entailed. This will necessitate that development applications
provide accurate information of all known hazards to decision makers, and that the location,
density or intensity of development will be limited by the degree of natural hazard present, or
conditioned upon mitigation of the hazard.
1009.01(B). Development activities should be designed to minimize alteration of
the natural landform to the greatest extent possible, thus reducing slope instability and
drainage problems.
1009.01(C). Areas (including any structures) around a proposed project should
be protected from the potential adverse impacts caused by the project. These adverse
impacts include, but are not limited to: a) disturbance of existing vegetation, which can lead to
accelerated erosion and sedimentation; and, b) aggravation or acceleration of existing
potential hazards (e.g., rockfall, flooding, sediment accumulation, expansive soils).
1009.01(D). Development should reduce the level of risk from natural hazards by
locating away from areas prone to natural disturbances, mitigating existing development from
hazards, and considering the impact on the ability to obtain emergency services.
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ARTICLE h POLICIES DRAFT DATED: 5~28~2003
1010 ENFORCEMENT
It is the policy of the County to actively enforce land use and development regulations.
1009.01(E). Upon County review of a new development proposal, all impacts and
concerns should be considered, but safety and environmental concerns may take
precedence over aesthetic concerns.
POLICY
ISSUE
1011 ECOLOGICAL BILL OF RIGHTS (EBOR)
As residents of the City of Aspen and of Pitkin County, and stewards of our natural heritage and
resources, we see the integrity of our valley ecosystem increasingly challenged by human activity.
Population growth and the accompanying sprawl are seriously damaging and threatening to destroy the
ecological carrying capacity (environmental sustainability) of this valley. Therefore it is the policy of the
County to implement the following rights:
1) The right to breathe clean air and enjoy clear vistas.
2) The right to the preservation of natural riparian areas and wetlands.
3) The right to permanently protected minimum stream flows in rivers and creeks.
4) The right to the preservation and restoration of native wildlife and plant diversity by
preservation of sufficient habitat.
5) The right to protection of designated wilderness through management of adjoining land in a
way that preserves the integrity of the wilderness areas.
6) The right to a landscape kept free of noxious and invasive weeds.
7) The right of appropriate access to public lands on roads and trails historically open to the
public consistent with the nature and designation of the public lands.
8) The right to dedicated open space protected from urbanization and development.
9) The right to the efficient and renewable use of energy.
10) The right to be free from excessive noise.
11 ) The right to see the night sky without the interference of unnecessary artificial light from
growth, urbanization and highway development.
12) The right to the absolute minimum involuntary exposure to toxic chemicals, radioactive
substances and energy forms that are hazardous to health.
13) The right to maintain and not exceed the carrying capacity (sustainability) of the land and
water, including protecting water quality.
14) The right to expect from our government legislation and active enforcement of land use and
development regulations consistent with this Ecological Bill of Rights.
Draft #1, P&7_./BOCC Distribution for 1011712001 Public Meeting Page 18
May 30, 2003
Snowmass Village Town Council
Snowmass Village Planning Commission
Attn: Jim Wahlstrom, Senior Planner
Town of Snowmass Village
P.O. Box 5010
Snowmass Village, CO 81615
RE: Referral for Base Village Preliminary PUD Plan
Dear Jim:
Thank you for providing the opportunity to comment on the proposed Base Village Preliminary
PUD Plan. We appreciate the Town's continued attention to the County's involvement in the
review process, but are disappointed that the current submittal does not fully address issues that
were raised by the County in our referral comments on the Sketch Plan application (attached) and
that the Applicant has not yet adequately addressed off-site impacts that affect the larger
Community outside of the Town. We respectfully request that the issues raised in the following
paragraphs be addressed as part of your ongoing review of the proposed Base Village.
TRAFFIC/TRANSIT/PARKING IMP~4CT,~: Bud Eylar, County Engineer, notes that there are two major
issues with the impacts Base Village will have on the County road infrastructure and traffic
operations of those roads and intersections:
Construction traffic; and
Additional traffic generated at buildout and the diversion of parking from the Town to areas
outside of the Town (refer to Attachment A for Mr. Eylar's complete comments).
Construction Traffic: Mr. Eylar asserts that the Town should require the following information
and commitments from the Applicant:
· A pavement analysis of the condition of Brush Creek Road and Owl Creek Roadprior to
the commencement of construction.
· Traffic counts now and during the period of construction to determine a base line for the
percentage of heavy vehicles using Brush Creek and Owl Creek now and in the future.
· A. commitm, entfrom the developer to participate in the increased cost of repairs due to
tncreases tn construction traffic on the two roads.
· An analysis of the Construction Management Plan to estimate the amount of additional
traffic and the impact of that traffic on Brush Creek Road LOS and impact of traffic on
the intersection of Brush Creek Road and SH 82.
· An analysis of the impacts that will occur on Owl Creek Road due to the increased
construction traffic on Brush Creek Road This should include measures to address the
increased conflicts between wildlife and traffic. It should be noted that the County intends
to pave Owl Creek Road this summer.
A proposal for mitigation measures to lessen or eliminate impacts due to the additional
construction traffic.
· An analysis of the impacts on mass transit due to the additional construction traffic and
proposal to mitigate those impacts.
· A commitment from the developer to share in the cost of the rehabilitation of the road
when required by the County. For example, the need to have major repairs and overlays
done during the buildout of the development. This commitment may include providing
financial security to ensure the rehabilitation.
· The County willpave the remainingportions of OWl Creek Road by the end of August,
2003. The road will be built to Local Access standards with a pavement section that
exceeds the minimum standards. The County respectfully requests that the Town of
Snowmass Village condition any approval of the Base Village Development as follows:
Beginning in the summer of the fourth year after the beginning of construction of Base
Village (based on the phasing plan provided in the application), the developer shall
provide for a structural overlay of Hot Bituminous Pavement to Owl Creek Road. This
overlay shall meet design requirements for traffic conditions and standards that are in
place at that time. The developer shall submit a pavement mix design to the County for
approval. In no case shall the thickness of the pavement be less than two inches (2"). The
overlay shall run from the Town of Snowmass Village/Pitkin County boundary line to the
intersection of State Highway 82 near the Buttermilk Base area, a distance of 3.81 miles.
Traffic Impacts at Buildout: Mr. Eylar notes that the Applicant's transportation analysis
(prepared by Fellsburg, Holt & Ullevig) does not address the impacts of additional traffic on
either Brush Creek or Owl Creek Roads within the County. The Fellsburg report projects traffic
increases of approximately 25% and 50% on Brush Creek and Owl Creek Roads, respectively
(outside of the Town's boundaries). Mr. Eylar recommends that the Applicant be required to
provide information on traffic operations, queuing, delays and LOS at the major intersections on
Brush Creek and Owl Creek Roads in the County. He adds that the Applicant may be required to
file for a new or amended Access Permit with CDOT, since the traffic increases on those roads
may have a negative effect on their intersections with Highway 82. Mr. Eylar also questions the
40% trip reduction for trips that are "taking place today."
In addition to not addressing the impacts of additional traffic generated by Base Village on Brush
Creek Road, the Applicant has not addressed whether improvements to the road are justified to
address these impacts. Mr. Eylar has prepared cost estimates for various alternatives for
improvements to Brush Creek Road (refer to Attachment B), ranging from a complete
reconstruction of the road as a 4-lane roadway to rehabilitation and resurfacing of the existing
road in its current location. Cost estimates range from $3.85 to $23.5 million.
Road Impact Fee: The County requires traffic-generating development (new development that
places a demand for capital road facilities) to pay its fair share of those capital improvements.
Based on the road fee schedule in the County Code, and including both the residential (Base
Village and Sinclair Meadows; restricted and non-restricted) and commercial portions of the
proposed development, the Applicant would be required to pay a total of $4,295,415 to the
County.
686 dwelling units of less than 2,000 sf $3,505/unit $2,404,430
(635 non-restricted Base Village; 30
restricted Base Village; 21 restricted
Sinclair Meadows)
30 dwelling units of more than 2,000 sf $5664/unit $169,920
(10 non-restr/cted Fanny Hill; 20 non-
restricted Sinclair Meadows)
171,012 sfofcommercial space (94,074 $10,064/1000sf $1,721,065
sf commercial + 42,393 sf skier services
+ 34,545 sf community facilities)
TOTAL $4,295,415
Based on Mr. Eylar's estimates, this road fee would only cover rehabilitation of Brush Creek
Road on the same alignment, grade and typical section, and would not include any improvements
to Owl Creek Road or the intersection of Brush Creek Road and Highway 82.
The County Code permits the Applicant to provide an independent fee calculation to reduce the
required fee. Such calculations must demonstrate that the development will generate fewer traffic
trips than assumed by the fee schedule or that the impacts generated will cost substantially less to
mitigate than the amount of the fee.
· Parking: The Fellsburg analysis states that the structured parking included in Base Village is
adequate to accommodate all of the Base Village uses, except employees and excess day skier
vehicles beyond 200. Parking for these users will be provided elsewhere in the Town or at the
intercept lot at the Highway 82/Brush Creek Road intersection. 285 parking spaces will be
displaced by Base Village. The analysis estimates that 88 additional parking spaces will be
required to accommodate employee parking needs. However, this estimate is based on numbers
that are inconsistent with representations made elsewhere in the application. The Fellsburg report
says that Base Village will generate 756 employees and that 65% of those will be housed within
the Town. However, the Town Code estimates that Base Village will generate 927.7 employees.
In addition, while the Town Code requires that the Applicant house 65% of the employees
generated by the development, the Applicant has proposed to reduce that to 40%. Therefore, the
estimate of 88 parking spaces for employees appears to be low. The majority of the displaced
parking spaces (all but 120 spaces) are proposed to be located at the Highway 82/Brush Creek
Road intercept lot. The current capacity of the lot is approximately 200 vehicles. Mr. Eylar
assumes that the Applicant is proposing to expand the intercept lot to accommodate the additional
parking, and questions who will be responsible for the construction, maintenance and operation of
the lot. However, it is unclear if the Applicant plans to construct additional parking or to use the
existing parking lot; if the latter, the existing lot does not have enough capacity for the additional
parking generated by Base Village. The Applicant states that "appropriate shuttle service to Base
Village will be implemented in conjunction with this parking," but does not provide any specific
information on whether shuttle service would be provided by the Town or RFTA and the cost of
providing service. Mr. Eylar also questions the reduction in the number of parking spaces
required based on airport shuttle service.
The Fellsburg report provided by the Applicant does not adequately address the issues raised by
the County during the Sketch Plan review. The report does not address both the short and long
term impacts of Base Village on Pitkin County infrastructure, the CDOT intercept lot, the Brush
Creek and Owl Creek Road intersections with Highway 82, and RFTA's transit operations. In
addition, other developments, including the Town Center redevelopment and development at the
Rodeo Lot, and mountain improvements that may increase skiers-at-one-time (SAOT) may
proceed at the same time as Base Village, and should be included in a comprehensive traffic,
transit and parking study. Mr. Eylar states, "Instead of basing decisions on incremental changes
from each development, we should look at them collectively and address the sum of their
impacts. Otherwise, we will be likely to end up with a less than satisfactory solution to our
problems."
Transit: The Applicant has incorporated a transit center into the proposed development, which
will include 7 bus stop parking spaces for Town shuttles and RFTA buses.
The Applicant's transportation analysis from Fellsburg, Holt & Ullevig states "there is some
potential for guests/residents to utilize transit for travel to Aspen. As such, the RFTA service
could expect an increase in ridership in light of the Base Village residential component." The
Applicant also notes that Base Village "will attract a significant number of riders due to the ski
access and to the commercial activity." However, the Applicant asserts that the existing service
should be able to absorb the incremental demand, and, therefore, does not address mitigation for
this increase. In addition, the Applicant's analysis does not appear to acknowledge that employee
ridership would increase, particularly g/yen the request to reduce the required employee
mitigation and the available parking.
Mike Davis with RFTA has estimated that Base Village will generate 210,000 annual valley
passenger trips. He estimates the cost to RFTA of accommodating the demand created by Base
Village to be approximately $600,000 p~r year (including operating, maintenance and capital
costs). Mr. Davis also estimates that RFTA will need to hire at least 4 employees (for whom he
asserts that the Applicant should provide housing) and provide 100 new parking spaces
downvalley (at a cost of $500,000 with an annual maintenance cost of $25,000) to accommodate
the demand generated by Base Village. Both RFTA and the County assert that the Applicant
should be required to pay the net costs attributable to Base Village.
AFFORDABLE HOUSING: The Snowmass Village Land Use and Development Code ("Town
Code") requires that the Applicant provide 270,122 square feet of restricted housing, based on
estimated employee generation of 927.7. The Applicant has requested a reduction in the Town's
requirements for provision of restricted housing, which includes a reduction in the multi-family
· residential generation rate from 0.61 employee/unit to 0.32 employee/unit and a reduction in the
accommodation requirement from 65% to 40%. Based on the reduced standards proposed by the
Applicant, estimated employee generation would be 782.1 (212.2 employees generated by
residential development; 569.9 employees generated by commercial and skier services
development), and the Applicant would satisfy the restricted housing requirement for Base
Village and Sinclair Meadows with approximately 140,147 square feet of restricted housing
(approximately 50% of the amount required by the Town Code), comprised of:
), Approximately 42,000 square feet of restricted housing credit;
~' At least 98,147 square feet of new restricted housing: 14,985 square feet or 30 units in Base
Village; 27,793 square feet or 21 units in Sinclair Meadows; and the balance (55,369 square
feet) located on the Draw and Sanitation District Sites. Development applications have not
been submitted for the Draw and Sanitation District Sitos.
RRC Associates, Inc. prepared an analysis of employee generation and housing mitigation, which
justifies the Applicant's request to reduce the Town's housing requirements. The County
questions certain of the bases for the analysis, including:
~ The RRC analysis asserts that the Town Code requirement of 65% mitigation more than
doubles the present level of service indicated by a 1999 employer survey that showed that 24% of
local Snowmass employees lived in the Town in 1999. However, the "level of service" does not
address how many employees are unable to live in the Town because housing was not available.
> The analysis also states, "Given the alternative choices for living in the Roaring Fork Valley,
it likely will be difficult for [the Applicant] to attract 65% of its employees to live within the
Town...." The County disagrees that a 40% mitigation rate is "more reasonable," given that the
majority of the jobs generated by Base Village will be service jobs, which would be filled by
employees who qualify for restricted housing, whose opportunity for housing in the valley is
more than likely in restricted housing, and who, if given the opportunity, would prefer to live in
the same community where they work. Various statistics support this position:
· The average annual income of a service worker in Pitkin County is $26,000.
· The average cost of housing in Rifle is currently $190,000; the average cost of housing in
Glenwood Springs is $300,000; and the average cost of housing in Aspen is over $2
million. These statistics do not support the statement that there are "alternative choices"
in the valley, since these "alternatives" are not affordable for service workers. In
addition, the cost of commuting for employees who live outside of the Town must be
factored in to the cost of housing.
· There is an existing deficit of affordable housing in the Aspen area of approximately 600
units, based on the Aspen Area Community Plan's goal of providing housing for 55-60%
of employees. The Housing Authority's 800 rental units and 1300 sales units in the
Aspen area are fully occupied. Therefore, it is unlikely that new employees generated by
Base Village could be accommodated in affordable housing in the Aspen area.
· Other communities in the valley now require affordable housing in new developments,
however, this housing only addresses new employee generation and does not address the
existing deficit of affordable housing throughout the valley.
As a comparison, the County's Land Use Code ("County Code") requires that an Applicant
provide mitigation for 33% of the residents of non-restricted housing and 0.2-0.4 employees per
tourist accommodation unit. For the 30 single family residences (assuming 4 bedrooms/
residence), the Applicant would be required to mitigate for 35 employees. For the 635
condominium or townhouse units, the Applicant would be required to mitigate for 372 employees
(assuming 0.3 employee/unit and based on the unit breakdown provided in the application). In
addition, the County Code requires that commercial development mitigate for 100% of the
employees generated: The Applicant estimates that the commercial and skier services
development will generate 570 employees. Therefore, based on the County's mitigation
standards, the Applicant would be required to mitigate for 977 employees.
With respect to employee housing requirements, Pitkin County continues to recommend that
Snowmass deny the applicant's request to have multipliers for employee housing formulas
reduced. It is recommended that adequate housing be required to address the impacts of the
proposed development. It is inappropriate to assume that housing will be available or affordable
elsewhere in the valley for employees generated by Base Village. If housing for employees
generated by Base Village is not provided on-site or within the Town, the Applicant should be
required to address the impacts on traffic, roads, transit and parking that will be created by
housing those employees outside of the Town. Furthermore, the Applicant should be required to
construct restricted housing concurrently with the proposed development. As noted above,
development applications have not been submitted for the Draw and Sanitation District restricted
housing sites, and development of these sites is not included in the phasing plan for Base Village.
These sites would contain 55,369 of the proposed 140,147 square feet (or 40%) of the proposed
restricted housing.
WILDLIFE: Jonathan Lowsky, County Wildlife Biologist, is concerned with the potgntial impacts
of Base Village on critical elk migration that intersects Brush Creek and Owl Creek Roads. The
increased number of vehicles per day on Brush Creek and Owl Creek Roads will likely result in
an increase in vehicle-elk collisions and could significantly disrupt the rrfigratory behavior of
these elk. He asserts that the redesign/reconstruction of Brush Creek Road must include
structures (overpasses or underpasses) to facilitate animal crossings. He also recommends that
vehicles be discouraged from using Owl Creek Road. Mr. Lowsky's comments are attached for
reference.
BRUSH CREEK WATER OUALITY: The Applicant included a Brush Creek Impact Report with the
application, which appears to adequately address drainage and water quality impacts. Jonathan
Lowsky is supportive of the proposed restoration plan for Brush Creek.
FISCAL IMPACT: The County requested at Sketch Plan that the Applicant be required to prepare
a fiscal impact analysis that would address impacts to Pitkin County. Tom Oken, County
Treasurer and CFO, has reviewed the fiscal impact analysis provided in the Preliminary Plan and
asserts that it does not adequately address the overall fiscal impact of the development on the
County. The analysis estimates annual County revenues at Base Village build-out of
approximately $380,000 in property tax and $460,000 in sales tax (this figure also includes sales
tax to RFTA), but it does not estimate County or RFTA costs related to the development.
The following tables detail the estimated annual property tax and sales tax revenues by fund:
Property Tax Levy Revenue
General Fund 2.242 $127,319
Road and Bridge 0.163 9,256
~ousing Debt 0.310 17,604
Open Space and Trails 3.758 213,408
FM/TV Broadcast Services 0.279 15,844
Total Property Tax 6.752 $383,431
;ales Tax Levy Revenue
General Fund 0.86% $216,511
~.5% Transit- EOTC 0.26% 65,457
0.5% Transit - RFTA 0.24% 60,422
1.0% Transit- RFTA 0.48% 120,843
Total Sales Tax 1.84% $463,233
Economic & Planning System, Inc. prepared the fiscal impact analysis, including these revenue
estimates, for the Town, and BBC Research and Consultants Inc. reviewed the analysis for the
applicant, finding it "overly conservative." With respect to the sales tax forecasts, however, Mr.
Oken feels they are overly optimistic if overnight-rental cannot be enforced. The sales tax
estimates were derived from retail spending estimates for the visitors ($168/day) and residents
($55/day) occupying the proposed units. But the analysis assumes that 80% of the 645 residential
units will be used as overnight lodging units rather than seasonal or permanent residences (and
consequently with more visitor spending at the higher daily rate than residents). The analysis also
assumes that these are all new visitors despite the likely diversion of some existing visitors from
older Snowmass lodging units.
Road and Bridge Fund Impacts: The greatest negative fiscal impact on the County is to Owl
Creek and Brush Creek roads. Mr. Eylar has estimated the impacts to just Brush Creek Road as
follows:
$32,500
$450,000
$3,850,000
$1,250,000
up to $24 million
additional annual cost of maintenance (major patching, crack sealing, grading and
ditching)
for at least one structural overlay within the first 3-5 years
to reconstruct the existing roadway after build-out
for a wildlife undercrossing (if required)
to improve the road to handle the increased traffic fi:om Base Village
Mr. Oken estimates that Base Village would generate only $34,940 of annual revenue to support
road impacts, barely enough to cover the additional annual cost of maintaining Brush Creek
Road. This estimate is based on the following:
The Road and Bridge fund property tax mill levy generates $9,256 from the build-out assessed
valuation of $56.8 million. However, under State law, half of all county road property tax
generated from a municipality is returned to the municipality for streets. Thus, the County would
net $4,628 annually from the road property tax. Historically 14% of general fund sales tax has
also been used to support roads. So with $246,511 projected general fund sales tax after build-out,
sales tax for county roads would be $30,312.
Since Base Village will not produce any funding for road overlays, reconstruction or
improvement, the Town should require the applicant to pay the share of such costs
attributable to Base Village. The County has no surplus funding sources for roads, and the
other county revenues generated from Base Village build-out will not be available for transfe~ to
roads: the housing debt, open space and trails, FM/TV broadcast services, and transit funds are
restricted revenue sources that can only be used for those purposes, and the general fund revenues
will be needed to pay for increased general fund services as explained below.
Transit Fund Impacts: Base Village build-out is estimated to generate approximately $180,000
annual sales tax revenue for RFTA and $65,000 for the County transit fund that is controlled by
the Elected Officials Transit Committee ("EOTC", the County, City of Aspen and Town
councils). The cost impacts on RFTA far exceed this additional $180,000 of revenue. As
mentioned previously, Mike Davis with RFTA estimates the cost to RFTA of accommodating the
demand created by Base Village to be approximately $600,000 per year (including operating,
maintenance and capital costs). Both RFTA and the County assert that the Applicant should
be required to pay the net costs attributable to Base Village.
General Fundlmpacts: Mr. Oken estimates from the fiscal impact analysis that the County
general fund would receive approximately $314,000 additional annual revenue from Base Village
build-out ($127,319 property tax plus $216,511 sales tax minus $30,312 sales tax used for roads).
The increased tour/st and resident population from Base Village would increase general fund
service costs the most for public safety (such as sheriff's office, detention operations, jail
building, law enforcement records, dispatch communications, and district attorney) and health
and human services. To a lesser degree it would affect the assessor, clerk and recorder, elections
and general county administrative functions.
The fiscal impact analysis did not calculate the increased general fund costs resulting from Base
Village; however, by using the 1996 fiscal impact analysis for Aspen Highlands Village, Mr.
Oken estimates that those costs would exceed the additional revenue, resulting in a net negative
fiscal impact on the County general fund.
The 1996 Fiscal Impact Assessment for Aspen Highlands Village calculated the net fiscal impact
per type of unit as indicated in the table below. Applying these per unit fiscal impacts to the
number of proposed units in the Base Village proposal results in a net negative fiscal impact to
the general fund of approximatelY $35,000.
Aspen Hiqhlands VillaRe Fiscal Impact Analysis
:ree Market Units
Tourist Accommodation Units
Affordable Housing Units
Total housing units
Applied to
Highlands Village Per-unit net Base Village Base Village
units fiscal impact units net fiscal impact
83 $ (652.00) 138 $ (89,976)
73 11.00 516 5,676
9..~8 (1,069.00) 189 (202,041
234 843
;ommercial Space 35,725 sq. ft. $ 2.68 94,074 sq. ft. 251,742
$ (34,599'~
Since affordable housing has the largest per-unit negative fiscal impact, reducing the number of
affordable housing units in the proposal would lessen the fiscal impact on the County general
fund. However, this would only transfer the impacts to downvalley communities, and the fiscal
impact on transit and roads would increase, as more employees would be forced to commute to
work at Base Village.
UTILITIES: Holy Cross Energy has submitted an application to the County for a new overhead
transmission line from the intercept lot at Brush Creek Road and Highway 82 along the north
facing slope of the Brush Creek Valley to a new substation in Hidden Valley. The Holy Cross
application states that the compounding of "annual increased demand and proposed new
development projects have necessitated an additional substation for Snowmass Village." Base
Village is clearly one of the proposed developments that have necessitated an upgrade of service
to the Town. It is the County's understanding that the Base Village developers are willing to
participate in the cost of undergrounding the transmission line, if undergrounding is determined to
be the preferred alternative. The County requests that the Town require the developer to pay their
fair share for undergrounding the transmission line.
SUMMARY: Ill conclusion, Pitkin County supports the concept of allowing for
commercial/tourist accommodation development that will revitalize the Town of Snowmass
Village. At the same time we feel that the Applicant has not yet adequately addressed off-site
impacts from the development that will affect the larger Community. The County requests that
the Town share its long-term plan to address increased traffic associated with Base Village and
other proposed and approved developments within the Town; it is imperative that the impacts of
these developments on roads, transit and parking facilities be addressed and mitigated by the
developers in a comprehensive manner. We would like to schedule a joint meeting with the
Town Council to discuss these issues prior to the Council's review of the Base Village
application. We look forward to working with you throughout the review process to resolve these
issues.
Sincerely,
Jack Hatfield
Chairman, Pitkin County Board of County Comm/ssioners
Attachments
A. Bud Eylar Memo dated 3/24/03
B. Bud Eylar Estimated Traffic Impact Cost dated 3/24/03
C. Jonathan Lowsky Memo dated 3/19/03
D. County referral comments on Base Village Sketch Plan application dated 5/3/02
Account N
R017351
I District
O07
LFApr Dist I:t
<-- I ~ [] Cancel STR
Owner Name/Address
DAVIS D STONE
PO BOX 8904
ASPEN CO 81612
Seq
IStreet Nanm Type
Parcel Number IMH Space
2909191 OOOO4
StreetNo IDir INo~
Location City ~LocetJon Zip Acct Type
~.SPEN J81611 0000
BACode
JOwner Id IOwner Location IMap No
Business Name
PATENT REC 445770
I_VAC___ _ANT_.__? .__~D
TOTAL
Queries
IACCOUNT
TYPE ACTUAL ASSD ! ACRES ! SQ FT
1,400,000
406,000i 7.320l
406,000
[] Situs [] Pre/Suc [] MobileAuth~'~ Personal(P)
[:~]_M.o_b!l_e_..r-] Remarks [] Value [] Oil and Gas
[] Tract'[] TaxSale [] StateAsd [] Recording
[] Condo [] SpcAsmt~-'] Control [] Imaging
[] Block'[] Mines [] History [] Photo
Flags [] Exemption ~
; GISMapI
1,400,000
MULTIPLE OCCURRENCES
CAMA SELECTED PARCELS
PARCELS
ROADS
WAT_LIN
WAT._POLY
Scale 1: 71,337
N
DISCLAIMER:
This map is for draft purposes only. No
warranty is made regarding map accuracy
or completeness.
R0059'10 SNULL
~LOT 8~-[
~L~-------
CREEK VALLEY ~
~LEY RAN~-H-
Vaoant Land Sales
~ .---....._. T~me Adj Price
~~ J25 63 ~'~'"~ ,'~L -~'_'~
' - .... ~~,541,350
1_1_4011 5000 CASTLE C~EK ~ ~~2,500 ~367;4~
~ ~.UL ~ - ~ ~60,000 ~20:~- --
~ - ~ ~,550,000 3,62~,~0 ~
~~ ~ 1~~74;~
206 SINGLE FM LOT, ZONE I
0 Y
N
2A58A PV
Use: SF
Res:
wm. As
Gas: NG
Bern. RC
CM
PERCHED ON A KNOLL OVERLOOKING
RANCH 25-ACRE (COMMON OWNERSHIP)
· ID 1-ACRE POND WIIH WATERFALL.
SA=. 4O405
San: SP WL,VW
Wtn. ID
Gas: NG Extr:
Bec: HC Disc:
3%BB
HS~.:. 71600
20 ac
Fl' GARAGE. QUIET AND PRIVATE 37 ACRE,
WOODSY, BU I I cRMILK SITE. CLOSE TO SCHOOLS
~KIING.
ESTATE COMPAN 920-2006
NO
PV,UP
SF
W~ WE
Ge=OT
El~c: OT
SF ENVI- 5750 SF FAR. SW EXPOSURE, VIEWS,
POSSIBLF- SURROUNDED BY NAT FOREST.
INFO FROM COUNTY, SELLER
925-5203
0
21 ACR
VIEWS
W~. ID
Ga~. AV
Bec: HC
SF
HP
ACRE BUILDING ~ ARARE OPPORTUNITYTO
BUILD AN ESTATE RESIDENCE.
JOSHUA & 925-8810
#Ac: 3%TB
SAc:. 0
Hsd. NONE KNOWN
16,674 ASPEN,WHFF~
PX
N SF
OD,VW
N W~.AS
N Gas: AV,NG Ext.. UU
Bec: HC Disc: OT
FROM INDEPENDENCE PASS TO BUTTERMILK. V~RY
PRIVATE. YET CLOSE TO TOWN, CALL PENNEY FOR
INFORMATION ON HEIGHT RESTRICTIONS.
MASON & MORSE REAL ESTAT 925-7000
SAm 0
10.6A
VVt~. WE
Ga~ PN
~. HC
N/A
N/A
OU
SF
OF,WF,VW
BP,HP,UU
SURROUNDED BY FOREST SERVICE LAND
APPROVED FOR 7,500 SQFT. HOME.
RNER FRONTAGE HOME SITE. SEE LISTOR FOR .
REAL ESTAT 925-7000
#Ac: 4.40
Wtr: AS
¢.~ AV
Bec: HO
TBD
N
PX
Use: SF
Res:
CL, GB,HP,VW
OC, PH,SU
Ext,. BP,CM,HP,EY
DISTANCE TO TOWN, THIS 4.4 ACREAGE OFFERS
~/1EWS OF INDEPENDENCE PASS, ACCESS TO THE
MEADOW AND RF RIVER. ONLY LOT APPROVED FOR
~S~.. 955414
Lsf:
Fro: RD/STR
Grz:
UP,4W
SF
Res:
~b WL,OF,VW
WV: WE
Gas: BP
Elec: : EM
'3% BB
FARTHER OUT IN PITKIN COUNTY. 30 MINUTES FROM
RURAL & REMOTE. SELLER REPRESENTS 1
TDR / BUILDING RIGHT. LOCATED PAST ASHCROFT,
HUTZLEY & LEVERICH 925-5400
SAc: 23900 N/A
N/A
7
PV
OF,VW
Wtr: WE
Gas: PN Extr: BP
Bec:. HC
VIEWS OF
CASTLECREEK & THE ELK MTNS. THIS LOT HAS
OF 6000 SQFT. A~OVE & 4000 SQFT. BELOW
1041 COMPLETED
STAT 925-7000
INFORMAIiOfi HEREIN DEEMED RELIABLE BUT NOT GUARANI ccU VOL: R2 26-Jan-02
925-2682 ~
MASON & MORSE REAL ESTAT 925-7000 Sicln:~....~
Form 18~
(January 1988)
Colo:ado 63072
Initeb tatef ot lmeri£a
all to ~bom fllefe presents sllall tome. ~rettiag:
I Iii111 !1111 I!1111 Ii111 IIIII IIIII lille lit IIIII III! IIII
44s'rTe es/e3/2eee e3,eep P~TENT DIIVZS STLVZ
1 of 4 R 20,99 D O.eO N e.80 Pz'rKXN COUNTY O0
~AS
D. Stone Davis
is entitled to a Patent pursuant to the General Exchange Act of March 20, 1922 (42 Stat. '465), as
amended by the Act of February 28, 1925 (43 Stat. 1090), and the Act of October 21, 1976
(90 Stat. 2743), as amended by the Act of August 20, 1988 (102 Stat. I086) for the following
described land:
Sixth Principal Meridian, Colorado,
T. 11 S., R. 84 W.,
Tract 39,
containing 7.32 acres.
NOW KNOW YE, that thcre is, therefore, granted by the UNITED STATES unto
D. Stone Davis, the land described above; TO HAVE AND TO HOLD the said land with all the
rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging,
unto D. Stone Davis, his heirs and assigns, forever; and
EXCEPTING AND RESERVING TO THE LrNITED STATES a right-of-way
thereon for ditches or caaals constructed by the authority of the United States. Act
of Augnst 30, 1890 (43 ILS.C. 945).
EXCEPTING AND RESERVING TO THE UNITED STATES, and its permittees,
contractors and assigns, a perpetual easement, for an existing .road, and all
appurtenances thereto, along and across a strip of land, hereinafter defined as the
"premises", together with such reasonable rights of temporary use of land
immediately adjacent to said right-of-way as may be necessary for the maintenance
and/or repair of said road. Said easement being 66 feet wide, 33 feet each side of
c~aterline, with such additional width as is necessary to accommodate and protect
cuts and fills, over and across portions of Tract 39, T. 11 S., R. 84 W., Sixth
Principal Meridian, more particularly described as follows:
Beginning at Comer Number Three of Tract 39 thence N 76°38' E'177.43 feet to a
point on the southerly line of Tract 39 a curve concave to the southwest having a
radius of 250.00 feet the True Point of Beginning: Thence southwesterly 63.41 feet
along said curve through a central angle of 14°32' to the point oftangency; Thence
N 79o44'28" W 80.33 feet to the beginning ora curve concave to the northeast
having a radius of 150.00 feet; Thence northwesterly 87.88 feet along said curve
63072
I IIIIII IIIll IIIIII Illll IIIII IIIII IIIIii !11 IIIII IIII IIII
441778 Mi8312088 ~3:~P PATENT DAVX$ SXLVX
Z Or' 4 R 20.~8 D 0.00 N 0.88 PXTKXN COUNTY CO
through a central angle of 33°34' to the point of tangency; Thence N 46° 10'28" W.
l?l.ll feet to thc beginning ora curve concave to the northeast having a radius of
100.00 feet; Thence northwesterly 66,34 feet along said curve through a central
angle of 38°00'28'' to the point of reverse curve concave to the southwest having a
radius of 60.00 feet; Thence northwesterly 92.25 feet along said curve through a
central angle of 90°00' to the westerly line of Tract 39.
The said easement hereby reserved is for the construction, reconstruction,
maiutenancc, and full, free, and qui~t usc and cnjoyment of a road or as it shall be
located and constructed over and across thc above described premises.
Thc word "premises" when used herein means said strip of land, whether or not there
is an existing road located thereom Except where it is defined more specifically, the
word "road" shall mean roads now existing or hereafter constructed on the preraises
or any scgrnent of such roads.
If the road is located substantially as described herein, the centerline of said road as
conslxucted is hereby deemed accepted by the United States/Forest Service and the
Patentee as the true eeuterline of the premises reserved. If any subsequent survey of
the road shows that any portion of the ro~d; although locatcd substantially as
described, crosses lands not described herein, the easement shall be amended to
include thc additional lands traversed; if any lands described herein arc not traversed
by the road as constructed, thc Caserncnt traversing the same shall be tet~ninatcd in
the manner hereinafter provided.
Thc United States alone may extend rights and privileges for use of the pr~mises to
other Government dcparb.~ents and agencies, States, and local subdivi.sions thereof,
and to other users including members of the public.
Thc United States shall have the right to usc the road on the premises without costs
for all purposes deemed necessat~ or desirable in connection with the protection,
administration, management and utilization of its land and resources, now or
hereafter owned or controlled, subject to such traffic-control regulations and rules it
may reasonably impose upon or require of other users of the road.
The United States shall have the right to cut timber upon the premises to the extent
necessary for constructing, recon~bucting, and maintaining the road. Timber so cut
shall, unless otherwise agreed to, bc cut into logs of lcnfths specified by the timber
owner and decked along the road for disposal by the owner of such timber.
Page 2 of 3
I .
Form 1860-10
(J~n. 2000)
Colorado 63072
I III!11 IIIII IIIIII i1111 IIIII ti111 III!11 III i1111 IIII IIII
44~77e efl/e3/28~e e3zeeP RRTENT DRVX$ $ZLVX
3 ~¢ 4 R2e.~eo e.ee N e.ee RZTKZN COIJNTY CO
The Patentee has the right to use the road for all purposes deemed necessary or
desirable by Patentee in connection with the protection, adminis~ation, management,
and utilization of Patentee's lands or resources now or hereafter owned or controlled,
subject, however, to traffic-control regulations as the United States may reasonably
impose, the bearing of road m_~intenance costs proportionate to usc and tho sharing
of thc cost of construction or reconstruction proportionate to use, in each case as
authoriz~l and provided by the regulations of the Secretary of Agriculture and as
they may be amended and published in the Code of Federal Regulations.
Patentee has thc right to cross and reeross thc premises and road at any place by any
reasonable means and for any pu~ose in such maturer as will not interf=c
~onably with use of the mad.
Patentee has the right to all timber now or hereafter growing on the premises, subject '
to the United States' right to cut such timber as hereinbefore provided.
PROVIDED, that if the l~gional Forester det~,u~ucs that the mad, or any segment
ther~f, is no longer needed, for the purposes reserved, the easement shall terminate.
The termination shall be evidenced by a statement in recordable form furnished by'
the Regional Forester to the Patentee, or tho successors or assigns in interest.
Thc foregoing reservation is in accordance with the provisions of the Act of
February 28, 1925 (16 U.S.C. 486).
Reserving to the United States the'right to enforce all Or any of thc t~ius arid
conditions of right-of-way COC-56733, referred to immediately below, including the
right to renew it or extend it upon its termination and to collect rents, under the Act
of October 21, 1976 (43 U.S.C. 1768).
SUB/BCT TO those fights for road purposes as have been granted to Robert Gordon
Denton, by right-of-way COC-56733, under the Act of October 21, 1976 (90 Stat. 2743;
43 U.S.C. 1761).
IN
T£STIMONY WIt£1t~OF. the und~'~i~d authorized offim of ~e
Bureau of ~d Man~en~ in ~ ~ the prov5i~
of ~ Aa of J~ IT, 1~ (62 S~ 47~, ~, in t~ ~ of t~
Unt~ S~. c--~ ~e ~ to ~ m~ P~, ~ ~ ~
of t~ B~u m ~ h~to ~.
OIVEN mid~r my hsmi, in LAXh~OOD, COLORADO
th~ THIRTY-FIRST d~y ~ ~y
in ~ ~ of ~r ~ ~- ~ou~d!~ ~ ~ lndc~ of t~
Uni~ St~ t~ two hu~ ~ ~-~I~-l'~,
~ VRe~ty 6ffficer, Colorado
Page 3 of. 3
ORIGINAL
i~A'i':iTiALLY SURVEYED TOWNSHIP II SOUTH, RANGE 84 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COLORADO.
DEPEHOENT R~SURVEY AND ~EI:AN~B~S S~V~
TRACT
Uli'l£g $1AT[I ~F_pMIT~NT O4~[~EI~NTliIE~R
~"~~ ._ ,~,,~,~ved T. II S., R. 84 W 6th P.M.
Partially ~urveyeu - · · " -------'
Poi
DETERMINATION OF TI-~, HEARING OFFICER
DEPARTMENT OF PITKIN OF ~ COMMUNITY DEVELOPMENT
COUNTY, COLORADO, APPROVING THE DAVIS 1041 HAZARD
REV/EW AND CONCEPTUAL SUBMISSION
Determination No..%q~-2000
RECITALS
i. .D. Stone Davis ("Applicant") has applied to thePitkin County Hearing Officer ("Hearing Officer")
for 1041 Hazard Review and Conceptual Submission approval to establish building and access envelopes to
construct a single-family residence and accessory slru~ures.
2. The parcel is located on the east side of Castle Creek Road on Fall Creek Road adjacent to the Castle
Creek Four Subdivision, and is described in Exhibit A.
3. The parcel is zoned AFR-10 and contains 7.32 acres.
4. The parcel was created to settle litigation filed in the US District Court for the Di~fict of Colorado
as Davis v. Bou uin et al. The settlement agreement resulted in a land exchange between the Applicant, thc
US Forest Service and Pitkin County, which was finalized in April of 1999.
5. The Hearing Officer heard this application at a publb hearing on November 2 I, 2000, at which time
evidence and testimony were presented with respect to this application.
6. The Hearing Officer finds that the development is exempt from Growth Management per the
Settlement Agreement.
7. The Hearing Officer further finds that the proposed building and access envelopes are located
primarily on slopes of less than 30%, and that the areas within the envelopes that contain slopes in excess of
30% comply with the "exception for minor changes in slope," which permits devebpment on slopes in
excess of 30% "when the slope is due to the presence of a minor natural or mar~tnede change in the gradient
ora continuous slope." [Section 3-80-050(cX2Xa)]
8. The Hearing Officer further finds that the wildfire bnT,~rd within ~he building envelope is rated as Iow
or medium, and can be mitigated; that the envelopes avoid the red and blue avalanche h~:,_~_,-d areas; that the
debris flow ha:'nrd can be mitigated; and that impacts on wildlife can also be mitigated. ·
I IIIlllllllll/i/lllllllllllllllllllllllillllll
0,,,,,
' e.ee PZTKIN o0uRry w
NOW THEREFORE BE IT RESOLVED that approval is hereby granted by the Pitkin County
Hearing Officer for the Davis I041 Hazard Review and Conceptual Submission, subject to the following
conditions, which shall run with the land and be binding on all successors in interest:
Prior to submission of any earthmoving, access, or building permit applications, the Applicant
shall submit a 1041 Hazard Review Site Plan to the Community Development Department for
approval and recording. The owner must sign the mylar copy of the site plan prior to submittal
for recording. The site plan shall also be submitted in digital format for integration into the
County's GIS system. The site plan shall comply with the provisions of Section 5-70-040 of the
Code.
Prior to submission of an ISDS permit, the Applicant shall provide documentation to the
Envlronmental Health Dep~.'a.ent as to an adequate quantity and quality of water from a well.
3. Prior to submission of any building permit applications, the Applicant shall:
A. Submit an access permit for the driveway for review and approval by the County Engineer
and Community Development Deportment.
B. File a fimplaeWwoodstove permit with the Community Development Deparunent.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
D. Submit a weed management plan for review and approval by Land Management.
E. Obtain a site-specific debris flow analysis to determine appropriate structural mitigation.
F. Site specific soils engineering studies and proper soils engineering techniques shall be
' utilized to insure correct foundation design.
Prior to issuance of any building permits, the Applicant shall obtain approval of an ISDS permit from
the Environmental Health Department. The septic system must comply with all minimum horizontal
setback requirements between its components and physical features. A qualified professional
engineer must design the system.
The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
Co
Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter all structure.
Vegetation shall be reduced to bm~k up the vertical and horizontal continuity oftha fuels a
minimum of 30 feet around any structures. Spacing between clumps ofbrush and vegetation
within this ar~ shall be a minimum of two times the height &the fuel. Maximum diameter
oftha clumps shall not ex~eed 10 fee~. All measurements shall be from the edges of the
crowns of the fuel.
All branches from trees and brush within this perimeter shall be pruned to a height of 6 fe.~t
above the ground and ladder fu~ls from around trees and brush shall be removed.
Tree crown separation within the perimeter shall have a minimum of 10 fe~ between the
edges of the crowns.
All branches, which extend over the roof eaves, shall be ~'immed and ali branches within 1S
feet of the chimneys shall be removed.
All standing dead and deadfall within a 100 foot perimeter of all structures shall be removed,
except as noted below in condition #TE.
G. Low vegetation shall be maintained within a 15 foot perimeter of all structures.
H. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
The Applic~t shall comply with the following additional wildf'tre mitgation standards:
A. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof
coverings are prohibited in all wildfu-e hazard areas. Roofs with less than a 3:12 pitch are
t permitted in 1041 Wildfue Areas unless they comply withthe following:
All reef coverings shall be noncombustible materials as defined in the Un/form
Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural processor
cleating the roof.
3) All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions
4) above the roofline, such as parapets, shall be prohibited.
Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal cfa building permi:t application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh ¼ inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within a ! 5 foot perimeter of all structures shall be maintained to a height
not more than 6 inches.
G. Firewood/wood piles shall be stacked on
all structures, a parallel contour a minimum of 1 $ feet away from
H. Swimming pools shall be accessible to Fire Department vehicles.
L Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to the structure.
lC Any outbuildings or additional structures shall adhere to the same standards as structures.
b Fuel tanks shall be installed underground with an approved container.
S. to NPP^ 48 st dards and on a conto awa
, u~,m v wiu] siarlGarCi (lerel'lSlnle space vegetation mitigation around any
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire-resistive construction on the exterior side of the walls.
N. Each structure shall have a minimum of one i 0 pound approved ABC fire extinguisher
O. placed in a visible and accessible location.
Addresses shall be clearly marked with 2 inch non-combustible letters and shall be clearly
visible at the primary point of access from the public or common access road and installed
on a non-combustible post.
P. Utility lines shall be buried wi~in the road or driveway.
The Applicant shall comply with the following measures to minimize impacts on wildlife:
A. Native vegetation shall be maintained outside oftha building envelope, except as
necessary to create a defensible space, as required above.
B. Food, cover and water sources beneficial to wildlife, particularly trees and shrubs with
high wildlife food value such as heavy seed, berry and fruit producing species, shall be
i
10.
11.
12.
13.
preserved,
Fruit-bearing trees and shrubs shall not be planted.
Dogs shall be kenneled.
Maintain 2-5 snags (tall, overly mature trees and standing dead aspen) per acre as nesting
and roosting habitat.
Livestock and horses shall be prohibited.
Install and use approved bear-proof trash containers. Verification of installation of the
container shall be provided prior to issuance of a certificate of occupancy.
Fencing outside of the building envelope shall comply with the following standards:
I)
2)
3)
Wire fencing shall employ a 3 strand barbed or smooth wire fence with a 42"
maximum height above ground level and at least 12" between the top 2 strands.
Wood rail fencing shall employ 3 rails or less, bethe round or split rail type, shah
not exceed 48" in height above ground level and 12" in width (top view), and
shall have at least 18" between 2 of the rails.
Mesh or woven wire fences are prohibited.
Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
No development activity, including grading, landscaping, vegetation removal or disturbance, well
and septic system, shall occur outside of the building or access envelopes, except as required above
to create and maintain a defens~ie space.
Revegemte disturbed areas with native vegetation within one growing season &project completiom
All construction vehicles shall be parked legally on the site. Parking is prohibited on County
roads or within the right-of-way.
For any free market residential structure of 5,000 gross square feet or greater, the Applicant shall
comply with Section 4.01.01(B) of thc Pitkin County Rogt Management and Maintenance Plan,
which requires the Applicant to provide construction trip and residantial trip generation studies. The
Applicant shall comply with this provision as it is in effect at the time of building permit issuance to
the satisfaction of the County Engineer.
Development on the property shall be limited to a maximum of 6,000 square feet of floor area,
calculated based on the following definition of floor area that was in effect at the time of execution of
the Settlement Agreement.
FLOOR AR.F,A means the sum of the gross horizontal surfaces of each floor of a
building or structure. In calculating floor area, the following rules apply:
.4. General: In measuring floor area, all dimensions shall be taken from the outside
face of framing or other primary wall members or from the center line of walls separating
adjoining units ora building or portion thereof. Veneer facades up to eight inches in thickness
shall be excluded from the calculation of floor area; that portion of a facade which exceeds eight
inches shall be included. Fireplaces, elevators, stairs and similar features are included in the
floor area on each floor. :-
B. Roof Overhangs and Declcs: The floor area of a building, or portion thereof, not
14.
provided with surrounding exterior wails shall include the area under the horizontal projection of
roofs or floors, when the roof or floor exceeds ftve feet (5 '). These architectural projections are
exempt for iftve feet (5 ') of the perimeter of each story of the structure. Architectural projections
may project up to ten feet (I0 ') and still be exempt, so long as the total perimeter space for a
floor is less than or equal to the total area allowed far the five foot (5 '~ exemption. This
exemption cannot be used to transfer space between floors.
~: Decks, Balconies, · · ·
3" Statrways and $imtlar Features: Structures that exceed thirty
inches (. 0 ') above natural or flnished grade, and that are not covered by a roof or architectural
projection from a building, are exempt from floor area for up to j~fleen percent (15%) of the
maximum floor area allowed. Any areas in excess of flJ~een percent (15~,) shall be counted
toward floor area.
D. Spaces Below Natural Grade for Principal Single-Family and Duplex
Residences.. Spaces below natural grade, up to a maximum of twenty feet (20 ') in depth and ·
which include no more than a single story, are exempt from floor area calculation up to a
maximum off our thousand (4, 000) square feet of floor area Floor area below natural grade
which exceeds the four thousand (4, 000) square foot exemption provided herein shall count
toward the calculation of allowable floor area, If any part of the below grade space is exposed
above natural grade (such as walk-out basements, wails or courts) the entire below grade area
shall be included in the floor area calculation,, except that window wells and one egress area as
required by the Uniform Building Code may be provided without affecting this exemption. The
foundation wall ar footing may be exposed to the minimum degree required to comply with the
Uniform Building Code pertaining to foundation design without affecting this exemption. Up to
ten percent (10%) of any particular below grade wall surface may extend above natural grade
and still be exempt from the calculation of floor area so long as the fmished grade covers the
surface that would otherwise be exposed. Garages up to seven hundredj~fty (7509 square feet
may be incorporated into below grade space and shall not affect this exemption so long as the
only sec/ions of building so exposed are directly related to the garage structure.
E. Garages and Carports: For the purpose of calculating floor area ratio and
allowable floor area for a lot where the principal use is a single-family residence, garage and
carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet.
On a. lat which contains a duplex, garage and carport floor area shall be exempted up to a
maximum of flve hundred (500) square feet per side. All garage or carport space in excess of the
exempted areas shall be included as part of the residential floar area calculation. Vr~hen an
existing legal single-family or duplex dwelling exceeds the allow'
space shall be reduced by s,,n .... :-_ ,L_ ~ _ ed floor area, the exe t ara e
~, a~ot u~tttt~ the excess floor area '=-- -'- mpg g
~-' .tt orn the exempt garage space.
F. Crawl ,~pace: Crawl spaces shall be exempt from the calculation offloar area,
even if exposed above natural grade, so long as the height of the crawl space does not exceed frye
feet six inches (5 '6'9.
G. Attic Space: That portton of atttc space where the distance between the floor and
ceiling exceeds five feet six inche~ (5 '6") in height shall count as floor area.
The Applicant shall adhta-e to all mat,rial r~pr~sentations made in the application or in public
me~ings.
Ro o~. $~-~6oo
15.
Statutory vested fights 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall
expire on the 21 = day of November, 2003.
NOTICE OF PUBLIC HEARING PUBLISHED IN'T~F. ASPEN TIMES WEEKLY on the
21" day of October, 2000.
APPROVED AND ADOPTED this 21" day of November, 2000.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY on the [.~af day of ~.,.,.,,,~V22000.
ATTEST:
Administrate AssiStant
APPROVED AS TO FORM:
John Ely, ~ .....
County'Al~omey
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
oou , o o o
Lan~ i21arke, Hear~g Officer
By
APPROVED AS TO CONTENT:
Community Dovdopment Director
PIIT-O0
PII~/290906300001
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B of ? R e.ee O e.Be N B.ee P,~TKZN COUNTY ~,0
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Attorney's Title Guaranty Fund, Inc.
OWNER'S TITLE INSURANCE POLICY
Schedule A ,
F/lc Number 00001204 Policy Number: OP,$45004
Date of Policy: AuguSt 3, 2000 at 3:00 p.n~ Amount of Insurancc $725,000 00
2. The estate or interes~ in the land which is co¥cred by ~h;~ Policy is'
Fee Simple
3. Title to the estate or intm~st in th~ land is wsted in:
D. Stone Duvis .
4. The land referred to in this Policy h described as follows;
Tract 39, situated in Township 11 South, Range 84 West of the Sixth Principal Meridian, as described in the
United State~ Patent retorded August 3, 200~ under Reception No. 443770. Coqnty of Pftkin, State of Colorado
Member's Nar~ and Add~.ss: (~ A. Wrt~ht. 201 N. Mill S~ Aspen. CO $]611 Member No.
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This pohcy m invalid unless the muting provmons and :~h__edules A and lB ~ at~chcd.