HomeMy WebLinkAboutbocc.res.046.2003 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, ALLOCATING 2003 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL
FLOOR AREA
Resolution No.0q~2003
RECITALS
1. ~n April 8, 200.3, the Planning and Zoning Commission ("Commission") be d a duly noticed public
earing, at which time evidence and testimony were presented with respect to Rural Area Growth
Management applications.
2. The Commission reviewed the following applications for the 2003 Rural Area GMQS competition for
additional floor area (first competition):
· Lazy O Ranch Lot 2: requesting an additional 2,500 square feet of floor area.
· Lazy O Ranch Lot 7: requesting an additional 5,500 square feet of floor area.
· Lazy O Ranch Lot 17: requesting an additional ~500 square feet of floor area.
3. There are 40,000 square feet available in the Rural Area for the 2003 GMQS competition for additional
floor area. The applicants requested a total of 13,500 square feet.
4. The Commission scored the applications as follows:
· Lazy O Ranch Lot 2:55 points
· Lazy O Ranch Lot 7:55 points
· Lazy O Ranch Lot 17:53 points
5. All of the applications exceeded the minimum threshold score of 48 points and achieved the minimum
threshold score for each scoring category, and are, therefore, eligible for allotments.
6. Pursuant to Section 4-60-060 of the Code, the Commisgion's scores were forwarded by resolution to
the Board of County Commissioners ("BOCC") on April 23, 2003.
7. No appeals of the Commission's scores were filed within the required 14 day appeal period.
NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate a total of
13,500 square feet of floor area to be divided among the following properties as shown for the 2003 Rural
Area GMQS competition for additional floor area.
· Lazy O Ranch Lot 2:2,500 square feet of floor area.
· Lazy O Ranch Lot 7:5,500 square feet of floor area.
· Lazy O Ranch Lot 17:5,500 square feet of floor area.
This allocation is conditioned upon recordation of a covenant documenting the representations made in the
application for the additional square footage. This covenant shall be reviewed and approved by
Community Development Department and recorded against the property, prior to issuance ora building
permit to utilize tbe awarded floor area.
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Resolution No 0 ~-2002
Page 2
APPROVED AND ADOPTED ON THE 14th day of May, 2003.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
,ST: I Jack Hatfield, Chai~nan ' '
Jel~ rte Jones
C to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, /ffin~l~'Houben, '
County~e~ Community Development Director
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SILVIR DRVIS PITKIN COUNTY CO R
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SILVIA [~AVIS PITKIN COUNTY CO R 41 .00 D 0.00
COVENANT IN ASSOCIATION WH'H
I'HE PIT~N COUNTY 2003 RUI~L AREA
RESII)ENTIAL GROWTH MANAGEMENT QUOTA SYSTEM
ALLOTMENT AWARDED TO LOT 17, LAZY O RANCH PUD
THIS COVENANT is made this.~ day of ~ ,2003, by Ralph H. Crossland, Jr.
("thc Owner"), whose address is 100 Elk Run Drive, Suite 12~? Bas,t, CO 81621-9241.
RECITALS:
WHEREAS, the Owner owns that certain real property ("the Property") legally described as
Lot 17, Lazy O Ranch PUD/Subdivision, County of Pitkin, State of Colorado, as shown on the
Lazy O Ranch Subdivision Final Plat (recorded in Book 34 at Page 14, and hereinal):cr referred to
as "the Plat"); and
WHEREAS, on January 15, 2003, an application ("the Application") was submitted for a
Growth 1Management Quota System (GMQS) allotment of 5,500 square feet of floor area (above
and beyond the 5,750 square feet of floor area already allowed on the property) through the 2003
Rural Area Residential GMQS scoring and competition procedures; and
WIIEREAS, the Plamfing and Zoning Commission of Pitkin County ("the Colnmission")
awarded a score of 53 points to the application, which exceeded the minimum threshold total score
and thc minimum threshold score for each scoring category; amd
WHEREAS, the Board of County Commissioners ("the BOCC") of Pitkin County
accepted the recommended scoring of the Commission and awarded the requested allotment of
5,500 square feet of additional floor area, allowing the development of up to 1 1250 square feet of
floorareaonthePropcrty. (.~r14~15 $&s~. t~ ~a~a.r¢~ lgr tq~o~.on,~ ta¥~-~ea~)
NOW, THEREFORE, the residential square footage allocation is conditioned upon, and
no building permit to utilize the awarded square lbotage shall be issued until, the [bllowing
covenants detailing the representations made in the application, and recognized by the Commission
through the award of points, have been recorded in the Office of the Pitkin County Clerk and
Recorder.
1.0 General
l. 1 The Owner will comply with all of the applicable requirements of the Lazy O Ranch PUD
Subdivision Improvements Agreement (recorded in Book 537 at Page 798, and hereinafter
referred to as "the SIA") and Protective Covenants (recorded in Book 537 at Page 719, and
hereinafter referred to as "the Covenants").
1.2 The Owner will limit development on the Property (except fbr the driveway and utility
extension) to the area within the designated building envelope for Lot 17 and will construct
the proposed residence within the designated residential development envelope, all as
shown on the Plat.
.3
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SILVIA DflVIS PITKIN COU~ITY CO R 41 .00 D 0.00
2.0 F,4cilitics and Services
2.1 Fine Owner will install an individual sewage disposal system that complies with all
applicable Pitkin County regulations, l'he system will be located within the designated
building envelope.
2.2 The Owner will submit a detailed drainage plan for Lot 17 at the time of application lbr a
building permit. Thc drainage plan will demonstrate how the development will maintain
historic runoff rates on the property and retain on-site all o1:' thc surlhce water runoff in
excess of historic conditions that results fi'om thc proposed development of the Prnperty.
2.3 The Owner will construct a culvert where the driveway crosses a road ditch, irrigation ditch,
or other drainage way, as applicable.
2.4 The Owner will comply with the County's currently adopted wildfire mitigation standards in
the development of the Property, as tbllows:
A. The residence will not be located in a canyon or a draw, nor will it be located on slopcs of
30% or greater.
B. Roofs will have a non~cmnbustible roof covering Ol1 a Class A assembly. Wood
shake/shingle roof coverings will not be used. Roofs with less than a 3:12 pitch will net be
installed unless they comply with the additional requirements of Section 3-80-070 C.3.a. (l ~
through (5) of the Code.
C. Vents will be screened with corrosive resistant wire mesh 1,/4 inch maximum.
D. Roofs and gutters will be kept clear of debris.
E. Yards will be kept clear of all litter, slash, and flammable materials.
F. All flammable materials will be stored on a parallel contour a minimum of fifteen f~et (15')
away from the structure.
G. A twenty-five foot (25') del~nsible space perimeter will be established around the home site.
Weeds a~nd grasses within the ten foot (10') perimeter will be maintained to a height of not
more than six inches (6").
Firewood/wood piles will be stacked on a parallel contour a minimum of fifteen feet (I5')
away t?om the structure.
I. Swinmaing pools will be accessible to the Fire Department.
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R 41.00 D
J. Fences will be kept clear ol'brush and debris.
K. Wood fences will not cotmect to the structure.
L. Any outbuildiugs or additional structures will adhere to the same standards as structures.
M. Fuel tanks will be installed underground with an approved container.
N~ Propane tanks will be installed according to NFPA 48 standards and on a contour away
fi'om the structure with standard defensible spacc mitigation arouncl any above-ground tank.
Any wood enclosure around the tank shall be constructed with materials approved lbr two
hour fire-resistive construction on the exterior of the walls.
O. Each structure will have a minimum of one ten (10) pound ABC fire extinguisher.
P. Addresses will be clearly marked with two inch (2") non-combustible letters and will be
clearly visible at thc primary point of access fi'om the public or common access road and
installed on a non-combustible post.
2.6 The Owner will pay the full County road impact fee that is applicable to the proposed
residence and will not seek any credits tbr past payments made by the developer of the Lazy
O Ranch PUD.
3.0 Effects on the Environment and Resource Conservation
3. I The Owner will employ dust suppression measures on the driveway that will serve this
residence. During construction, the Owner will regularly water the driveway to suppress
dust. Following construction, the Owner will periodically apply a dust retardant mixture on
the driveway, consistent with recommendations provided by the Environmental Health
Department, to ensure that the mixture that is used is environmentally-~?iendly and tha*, the
l~equency of application is acceptable to the County. Gravel will be applied to the driveway
to further suppress dust.
3.2 The Owner will limit use of the potable water supply to no more than 5,000 sq. Ft. of
outdoor lawn/garden irrigation on the Property.
3.3 The Owner will limit areas of disturbance to the minimum necessary to mitigate on-site
wildfire hazards and to construct the residence m)d install the driveway.
3.4 The Owner will revegetate any disturbed m'eas with native vegetation as soon alter
development as is feasible, and will manage all weeds on the Property, all Ibllowing the
guidelines and recommendations of the Pitkin County Wildlife Biologist.
~ILVI~ DAVIS PIrKIN COUNTy CO R 4], 00 O 0,0002:25p
J.5 'rile Owner will comply with the PUl) requirement to provide at least a twenty-five percent
(25%) energy savings above the I'itkin County Energ~, Conservation and Thermal Insulation
Standard, Chapter 53, Uni[brn~ Building Code, adopted Janua~ 22, 1979: In addition, the
lbllowing resource conservation measures will be required [br development on the subject
site:
A. Insulation: Thermal resistance value of the buildings wilt exceed criteria mandacd by the
Energy Codc. Exterior surfaces of all heated spaces will conform to thc following
minimnm specilications lbr composite cross-sections:
Walls (above grade) R-21
Walls (below grade) R-14
Roof R-48
Slab-on-grade R-I 5 to 2' depth below grade
Floors (over unheated spaces) R-32
(alternatively, crawl space walls may be insulated with R-11 footing)
Outdoor swimming pools and hot tubs, it' any, will bc provided with iosulated covers.
B. Glazing and Passive Solar Design: All habitable buildings will be placed and oriented on
site in a manner which will maximize use of solm' access available.
C. Infiltration: All door and window openings will be sealed, insulated, and weather-
stripped. Electrical outlets will be sealed and insulated.
Pcrfbrmance Standard: In lieu of the prescriptive standards for insulation and glazing set
forth in 3.5(A) above, an overall thermal pertbrmance criterion is a design heat loss no
greater than 18 Btu/hr/sq. ft. of heated floor space when calculated trbr a design
temperature of 15° Fahrenheit.
E. Lighting: Lighting systems will utilize state-or-the-art products to achieve an ovcrall
power density of no greater man 3 watts per square loot of structure. All exterior lights
will be operated by photocell or time control.
F. Mechanical: All space heating and domestic water heating equipinent will be rated with
AFUE efficiencies of 90 percent or greater. All heating distribution ductwork and piping
in unheated spaces will i>e insulated to a minimum of:
Duct insulation R-4.2
Pipe Insulation R-3.7
Insulation recirculation of hot water pipes R-6
G. Utilize state-of-the-art, high-efficiency boilers or furnaces for heating.
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1[. {Itili×e mm-ol'f gassing paints and stains.
I. Maximum flow criteriu ,,,,'ill bc as t't~llox~s: 2.5 gallons' per minute shower heads; 2.5
gallons pet' minute l'aucct aerators, and 2.5 galh)ns pet' tqush toilets.
3.6 The Owner's contractor will implement a construction management plan aimed at
minimizing disturbance to the neighbors by reducing impacts associated with construction
while allowing work to proceed in such a manner as to prolong construction periods. At a
minimum, the construction management plan shall include thc l'ollowing measures:
A. Travel Demand lVleasurcs (TDM) and Tral'fic Control Program:
· Delivery of construction raw materials will be prohibited during thc peak traffic
periods fbr Snowmass and Capitol Creek Roads. The exception to this will bc
schcduled concrete pours and other time-sensitive deliveries.
· Speed limits for tandem axle and larger vehicles will be posted at 15 mph at all times.
· The general contractor will be required to provide a parking plan with their individual
construction contracts.
· Contractors will be required to provide some van-pooling or car pooling programs as
part of their construction contract. Reduction in payment provisions shall be
incorporated into the contracts as a means of ensuring compliance.
a To the greatest extent possible, raw materials will be stockpiled on site to tr,: to
consolidate deliveries of materials in larger quantities (i.e.. gravel). The storage area
in the building envelope will be utilized fi)r bulk storage of material and equipment
and the secure storage of tools.
· Fhe general contractor shall be designated and be responsible for monitoring delivery
and contractor compliance with the TDM program. The general contractor shall
establish a progrmn to monitor all traffic and establish procedures to ensure
compliance with thc TDM program. The program shall include enforcement
measurcs.
B. Fugitive Dust Control Plan: Dust control will be implemented from start to finish of each
construction season until projects arc complete. The general contractor will be required
to assume all responsibility for dust control and shall carry out proper and efficient
measures wherever and whenever dust control is necessary, thereby minimizing dust
damage and nuisance to persons and property. The general contractor will also be
required to control dust at the work site by the use of a water truck or an effective
palliative using such dust-laying equipment and methods as may be required. To the
greatest extent possible, raw material deliveries to and from the site will be water sprayed
or covered with tarpaulins as necessary to additionally minimize d:tst and dirt from
construction operations.
C. Notification Plan: No work will commence until the utility company has located the
utilities or written consent to proceed has been issued. [f utility' service must be
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SILVIA DAVIS PITKIN COUNTY CO ~ 41.00 ~) 0.00
interrupted, the general coutractor will be required to notil~ thc appropriate County
authorities and the affected utility users at least twenty-t'our (24) hours prior to
interruption. Notice will consist of' the contractor's posting of prominent and easily read
signs and personally contacting affected neighbors.
D. Noise Control: Thc general contractor will be required to comply with all applicable
noise control regulations, including the Pitkin County Noise Abatement Ordinance. All
construction equipment operations shall be scheduled to operate only during daylight
hours (i.e., 7:00 am to 7:00 pm), Monday through Saturday.
E. Additional Measures:
· As much excavation material as possible will bc utilized on site fbr landscaping to
minimize the need to t~ce excavation materials off-site.
· Site disturbances will be minimized and any areas to be disturbed will be revegetated
with native species.
4.1} Wildlife and Wildlife Habitat Protection
4. I The Owner will not place troy fences around the perimetcr of the property. Any fences that
are installed on thc subject property will be located within the confines of the designated
building envelope and will comply with County and Division of Wildlife fencing stm~dards.
4.2 Thc applicant will install a fixed bear proof trash container to Serve the property.
5.0 Consistency with Land Use (?,()als
5.1 The house will use natural materials that compliment the natural colors and textures present
on the property. All materials will be non-reflective.
5.2 Exterior lighting on the property' will comply with the Code and the Covenants. Exterior
lighting will be down-directional and sharp cut-off fixtures will be used that are shielded
f?om view. Lighting along walkways will be set at no more than twelve inches (12") above
finished grade.
5.3 Dry utilities serving the house will be buried within the driveway.
5.4 By this Covenant, the Owner does hereby limit the ultimate size of any development on this
property to no more than 11,250 square feet, which is 75% of the floor area potentially
available for the AFR-10 zone district.
5.5 Lot 17 and Lot 16 will use a shared, cormnon driveway as shown on the Plat.
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S~LVm ~v~s ~r~N COU.T~ CO ~ 4~ ~a o ~.~
6.0 Recordation
Once Ihlly cxccttted, this Covenant shall bc recorded in thc ol'ficc of the Pitkin County Clerk and
Recorder.
7.0 Notices
Notices to the parties shall be sent by United States certified mail to the address set tbrth below or
to any other address which the parties may substitute in writing.
To the Owner: Ralph 11. Crossland, .Ir.
100 Elk Run Drive, Suite 129
Basalt, CO 81621-9241
To Pitlcin (7{mnly: County Manager
530 East Main Street
Aspen, Colorado 81611
Wilh CopyilA: Pitkin County Attorney
530 East Main Street
Aspen, Colorado 81611
8.0 Binding Effect
'['he provisions oF this Covenant shall run with and constitute a burden on the property, and shall be
binding on and inure to the benefit of the Owner and the County's successors, personal
representatives, and assigns.
9.0 Amendment
This Covenant may be altered or amended only by written instrument executed by the parties, upon
approval by the Pitkin County Board of County Con'unissioners.
10.0 Severability
If any of the provisions of this Covenant are determined to be invalid, it shall not affect the
remaining provisions hereof.
11.0 Enforcement
Owner hereby agrees that in any adjudicated controversy concerning this Covenant, the prevailing
party is entitled to its costs and reasonable attorney's fees. Failure to enforce this Covenant does not
constitute a waiver of any lights to commence entbrcement.
:kPPROVEI) AS TO FORM:
Lance ~l~Ee,'Uo~nmuni~y Devslopment Director
STATE OF COLORADO )
)SS.
COUNTY OF PITK1N )
The lbregoing instrument was acknowledged betbre me this~ day of ~-~t~..- . 2003,
by Ralph H. Crossland, Jr., Owner of the Prope~y.
Witness my hand and official seal.
...... '"",,,,,, My colnmission expires'
~.~ ~ ~taw P c
......... ·
C:/M~ Documcnm/PitCo Applications/Crossl~xd GMQS Covenant