HomeMy WebLinkAboutbocc.res.043.2021RECEPTION#: 677998, R: $0.00, D: $0.00, 06/24/2021 at 09:56:53 AM, Pgs 1 of 11, Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING SPECIAL REVIEW USE APROVAL FOR THE
LAZY GLEN HOMEOWNERS ASSOCIATION WASTEWATER TREATMENT
PLANT, ACTIVITY ENVELOPE AND SITE PLAN REVIEW, GMQS EXEMPTION
FOR CIVIC AND INSTITUTIONAL USES, A MINOR AMENDMENT TO A
DEVELOPMENT PERMIT, A PUD VARIATION, AND AN EXEMPTION FROM AN
ACTIVITY OF STATE INTEREST
RESOLUTION NO. 043-2021
1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all
matters not required to be acted upon by ordinance or formal resolution may be acted upon by
informal resolution.
2. The Lazy Glen Homeowners Association (Applicant) proposes to develop a new wastewater
treatment plant (WWTP) and decommission the treatment lagoon for the Lazy Glen Mobile Home Park
Subdivision/PUD. The Applicant is requesting Special Review Use approval to construct the
WWTP, an Activity Envelope and Site Plan review for the construction of the plant, a GMQS
Exemption for the building that will house the plant, a Minor Amendment to a Development
Permit for grading and earthmoving within the stream setback, a PUD Variation for the side
yard and highway setback, and an Exemption for an Activity of State Interest for the
replacement.
3. The proposed project site is located at the Lazy Glen Subdivision/PUD. PID#2467-213-90-
801, 2467-213-90-802, 2467-213-90-805.
4. The project will occur on Parcels C and D of the subdivision/PUD and use a small portion of
the Pitkin County open space located on the northwest side of the property. The County has
granted permission to utilize the open space.
5. The property is zoned Mobile Home Park (MHP) and is approximately 30.9 acres which
includes Parcel C and D, approximately 5.8 acres. The Pitkin County property is 2.42 acres.
The property is bounded by Highway 82 on the south and the Roaring Fork River on the north
and west.
6. There are 103 residences in the Lazy Glen Mobile Home Park Subdivision/PUD. The
Subdivision/PUD was approved by the BOCC in 1996. The BOCC approved Resolution No.
96-153 granting conceptual subdivision approval and Detailed Submission approval in 1998,
pursuant to Resolution No. 98-168. The property was rezoned to Mobile Home Park (MHP).
7. Pitkin County was deeded a parcel of land, 2.422 acres to the northwest of the Lazy Glen
property, as part of the park dedication at the time of subdivision. The subdivision is
located within the 100 year floodplain of the Roaring Fork River.
8. In the 1998 review, Pitkin County determined that the wastewater treatment system needed to
be upgraded. Since that time four options were studied culminating in a 2018 Preliminary
Engineering Report for Wastewater Treatment Improvements and a 2019 Supplemental report.
9. The Colorado Department of Public Health and Environment (CDPHE) requires that the
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Applicant replace the current system with a mechanical treatment plant. The HOA received a
United States Department of Agriculture (USDA) grant to develop the new WWTP. As a
condition of the grant, the WWTP must be working by the end of 2021.
10. The HOA proposes to decommission the existing wastewater treatment facility and construct
a new WWTP to replace the lagoon type system. A new building will be constructed on the
west end of the lagoon and the lagoon will be dried up, revegetated, and repurposed as a
common open space for the HOA.
11. The applicable master plan for this area is the Down Valley Comprehensive Plan (DVCP).
12. The Applicant seeks a Special Review Use for a major public utility in the MHP zone district
pursuantto Section 2-30-30(h)(1) & (2).
13. The Applicant seeks GMQS Exemption for Civic and Institutional Uses for the 1,400 square
foot building that will house the plant pursuantto Sections 6-30-120 of the Land Use Code.
14. The Applicant seeks Activity Envelope and Site Plan Review pursuant to Section 2-30-20(G),
7-10-50, & 7-20 of the Land Use code.
15. The Applicant seeks a Minor Amendment to a Development Permit and a PUD Variation to
the side yard setback pursuant to Section 2-20-150 & 3-70-30 of the Land Use code.
16. The Applicant seeks an Exemption for an Activity of State Interest pursuant to Section
12.20.40 3 (b) of the Land Use code.
17. The application was referred to the Town of Basalt, Roaring Fork Fire and Rescue, Pitkin
County Public Works Engineer, Environmental Health, County Attorney, Colorado
Department of Public Health & Environment — Water Quality Control Division (CDPHE),
Planning Engineer, and Zoning.
18. BOCC considered the application at a duly noticed public hearing on June 9, 2021 at which
time evidence and testimony was presented to the BOCC.
19. The BOCC finds that the application is consistent with the applicable provisions of the Special
Review Use, Land Use Code Section 2-30-30(h)(2) as follows:
A. The use is consistent with the DVCP in particular because the new WWTP does not
expand the capacity of the service.
B. The use will comply with Pitkin County Environmental Health Department standards
and CDPHE standards.
C. The use is consistent with the Land Use Policies in Chapter 1 of the Land Use Code.
D. The WWTP will replace a failing system and will enhance and protect public health
and the water quality of the Roaring Fork River.
E. The WWTP building will be compatible with the surrounding neighborhood.
F. The WWTP will be served by existing utilities.
20. The BOCC finds that the construction of an approximately 1,400 square foot building to house
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the plant is consistent with applicable provisions of GMQS Exemption for Civic and
Institutional Uses Land Use Code Section 6-30-120:
A. The WWTP meets the definition of civic or institutional use.
B. The replacement of the existing facility is consistent with the goals of the DVCP; the
WWTP does not expand the service capacity ofthe system.
C. The existing staff will maintain the new plant.
D. Parking will be provided at the new building.
E. The WWTP will enhance the surrounding natural resources with an improved and
functioning treatment plan.
21. The BOCC finds that the application is consistent with the applicable provisions ofthe Activity
Envelope and Site Plan Land Use Code Sections 2-30-20(g), 7-10-50 & 7-20 as follows:
A. The Activity Envelope encompasses all development proposed for the site. Grubbing
and filling will take place only within the Activity Envelope.
B. The wildfire hazard is mapped as low and medium, and can be mitigated.
C. No development encompasses slopes greater than 15% except for a small area of man-
made anomaly that was created when the lagoon was constructed.
D. The WWTP will comply with the 20 foot setback specified in the Land Use Code for
Lazy Glen.
E. The current facility is within the 100 year floodplain. The finish floor for the WWTP
will be 2 feet above the 100 year Base Flood Plain Elevation which exceeds the CDPHE
and Pitkin County requirements of 1 foot above Base Flood Plain Elevation.
F. The WWTP is a Critical Facility required to serve the Lazy Glen community. It will
replace the failing system and remove that system out of the 100 year floodplain.
G. The building will be screened the greatest degree possible from Highway 82 and
additional trees will be installed to increase the screening.
H. All disturbed areas will be revegetated.
I. The building does not silhouette against the sky or break a ridge -line.
J. The building will be constructed with earth tone, non -reflective materials. Forest green
roof panels will be used.
K. The lagoon will be revegetated and dust control and weed control will be implemented.
L. The property is within'/4 mile of mapped deer and elk winter range, severe winter range
and winter concentration areas on the hillsides on the north and south sides of the valley.
However, the WWTP is located in an existing developed area and will not create
additional adverse impacts on the winter range and winter concentration areas.
Construction may occur from December 1 — March 31 if necessary.
M. Only security lighting, if required, will be illuminated at night.
22. The BOCC finds that the application is consistent with the applicable provisions for a Minor
Amendment to a Development Permit and PUD Variation to the side yard setback and the
highway setback Land Use Code Sections 2-20-150 and 3-70-30(h) as follows:
A. The WWTP location is 20 feet from the high water mark of the side channel that flows
into the river. This is consistent with Plat Note #1 of the Lazy Glen Final Plat that
prohibits new development within the 20 foot stream setback.
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B. Minor grading and temporary construction impacts will occur within the 20 foot
setback of the side channel and the impacts to the side channel are expected to be
insignificant and are necessary to improve the water quality of the Roaring Fork River.
C. There will be no off -site impacts on the surrounding neighborhood. The WWTP will
improve the negative impacts to the water quality of the river from the existing system.
D. The side yard and highway setback variance is necessary to locate the WWTP at the
west end of the lagoon. The building will not be located in the side yard.
E. Added fill within the side yard setback is within an area that was previously disturbed
to construct the current facility.
23. The BOCC finds that the application is consistent with the applicable provisions for an
Exemption for an Activity of State Interest Land Use Code Section 12-20-40 finding the
WWTP replaces a failing system and will not cause negative impacts or otherwise exacerbate
existing impacts.
24. The BOCC finds that the project is exempt from payment of the road and employee housing
impact fees, pursuant to Sec. 8-10-20(c), since there is no net increase in any road impacts due
to the replacement of the wastewater system, and Sec. 8-30-80(a)(3), as the structure contains
less than 5,750 square feet of heated space.
25. The BOCC further finds that it is in the best interests of the citizens of Pitkin County to approve
this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it does
hereby approve the Lazy Glen Homeowners Association Special Review Use for the Wastewater
Treatment Plant, Activity Envelope and Site Plan Review, GMQS Exemption for Civic and
Institutional Uses for the construction of the WWTP, a Minor Amendment to a Development
Permit to vary the stream setback, a PUD Variation for a Side Yard and Highway Setback, and an
Exemption for an Activity of State Interest for the replacement of an existing component of a
Water and Sewer Project, subject to the following conditions, which shall run with the land and be
binding on all successors in interest. The BOCC further authorizes the Chair or the Chair's
designee to sign the Resolution and upon the satisfaction of the County Attorney as to form,
execute any other associated documents necessary to complete this matter:
1. The Applicant shall adhere to all material representations made during the application
process or in the public hearings and shall consider those representations to be conditions of
approval.
2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning
requirements have been conducted. These requirements will be considered at the time of building
permit. Any structures represented in the application may not be permitted under building and
zoning regulations.
3. Prior to submission of any future building permit applications and/or within 60 days of
recordation of this Administrative Decision, the Applicant shall be required to submit for
approval by the County Attorney and Community Development a Site Plan with an
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application
Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to
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finalization and recordation. The Site Plan shall include the side yard and highway
setback variance required for the fill to stabilize the platform for the WWTP building. The
Site Plan shall also include the PUD variation for minor grading and temporary
construction within the 20 foot setback of the high water mark in the side channel.
4. The Landscape Plan shall be revised to be include the additional trees that will be installed
adjacent to the building, identify the limit of disturbance, proposed seed mix, and erosion and
weed control measure.
5. Prior to the building permit issuance, the Applicant shall provide all necessary permits required
for the development in the floodplain, an easement for use of the Pitkin County open space,
and permits required by CDPHE.
6. Prior to the building permit issuance the Applicant shall provide a Floodplain Permit
application:
• The application shall provide an elevation certificate (prepared by a licensed PE or PLS)
for the proposed structure to be built in the floodplain.
• An elevation certificate with as -built elevation information will be required to be
submitted prior to final engineering inspection.
7. The Applicant shall comply with all standards for development within Scenic View Protection
Areas as represented in the application and approved in this Determination:
A. The exterior of the buildings shall utilize indigenous earth tone materials or colors and the
roof panels shall be forest green and non -reflective at installation.
B. No interior lights will be on during the night except for maintenance or emergency
purposes.
C. Driveway lighting and up lighting of landscaping is prohibited. Lighting that is necessary
for safety and building code standards shall be the minimum permitted by the building
code. The lumens shall be as low as possible.
D. Samples of exterior materials and colors for the buildings shall be submitted for review to
ensure that the colors are indigenous to the area during permit review.
E. Exterior lighting shall be shown on submitted plans or elevations and lighting cut sheets
shall be provided for all exterior fixtures.
8. Prior to the issuance of any building permits:
A. The Applicant shall supply a drainage and erosion control plan and accompanying
drainage report demonstrating that historical flow patterns and runoff amounts will be
maintained, and identify specific measures designed to reduce erosion and stream
sedimentation. If the development disturbs one acre or more, a Colorado Department of
Public Health and Environment permit for stormwater discharges associated with
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construction activities shall be applied for and obtained prior to issuance of a permit.
B. The Applicant shall submit a fugitive dust and weed control plan for the required three
year interim period before final grading and revegetation can occur.
C. The Applicant shall provide an Earthmoving Permit application for grading around the
structure and for reclamation of the lagoon. As part of the application the Applicant shall
provide:
• Engineered drainage and erosion control plan stamped by a P.E. showing nearby
waterways and county roads,
• Revegetation plan with seed mix, rate of application, and method of cover.
• Fugitive dust and weed control plan for the required three-year interim period
before final grading and revegetation can occur.
D. The Applicant shall supply adequate drainage for all low points. If the proposed work
disturbs more than 1,500 square feet, the applicant shall submit engineering documents for
stormwater detention facilities designed by a professional engineer licensed in the State of
Colorado, demonstrating that historical flow patterns and runoff amounts will be
maintained. If the development disturbs one acre or more, a Colorado Department of Public
Health and Environment permit for stormwater discharges associated with construction
activities shall be applied for and obtained prior to issuance of a permit.
E. The Applicant shall provide adequate engineering of any retaining walls over four (4) feet
in height and/or any improvements to walls over four (4) feed in height. All retaining walls
shall be a maximum of seven (7) feet tall.
F. The applicant shall comply with all conditions of the current Pitkin County Construction
Management Plan Requirements Manual. A construction management inspection will be
required prior to the first building inspection.
G. Submit a tree removal and mitigation plan for trees that meet the standards of LUC section
7-20-130(e) and shall obtain tree removal permits.
H. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. E
lighting shall comply with the lighting code.
erio
L Submit an access permit application for the proposed new and/or improved access The
application shall include:
• Reclamation plan for the temporary driveways, parking areas, and the Pitkin
County open space that is used.
• Compliance with the current Road Maintenance and Management Plan,
• Engineering of all bridge and/or culvert crossings,
• Compliance with all requirements of the Roaring Fork Rescue Fire District, and
• Details on all turn arounds and parking locations.
9. The Applicant shall adhere to the following wildfire mitigation standards and any
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recommendations from the Roaring Fork Fire Rescue District:
A. The area around all buildings/structures, limited by property boundaries that may limit
a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows. Actual vegetation
manipulation to meet these conditions may not be necessary where the natural
vegetation patterns have already fulfilled these conditions:
i) Brush, debris and non -ornamental vegetation shall be removed within a
minimum ten -foot (10') perimeter around all structures.
ii) Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe
fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat
ground.
iii) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter
shall be a minimum of two (2) times the height of the fuel. Maximum diameter of
the clumps shall be equal to the height of the fuel. All measurements shall be from
the edges of the crowns of the fuel.
iv) All branches from trees and brush within the thirty (30) foot perimeter shall be
pruned to a height of ten (10) feet above the ground with removal of ladder fuels
from around trees and brush.
v) Tree crown separation within the thirty (30) foot perimeters shall have a minimum
of ten (10) feet between the edges of the crowns, except for mature stands of aspen
trees where ladder fuels have been removed. In areas of aspen regeneration,
understory shrubs and down and dead materials shall be removed.
vi) All branches that extend over the roof eaves shall be trimmed and all branches
within fifteen (15) feet of chimneys shall be removed.
vii) The density of fuels up to a one hundred (100) foot perimeter ofthe structures shall
be reduced where natural reduction has not already occurred.
viii)All deadfall up to a one hundred (100) foot perimeter shall be removed.
ix) No new conifer trees shall be planted within ten (10) feet of a residence.
x) No flammable mulches shall be placed within two (2) feet of a residence.
xi) The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
xii) All structures greater than five thousand (5,000) square feet in size shall be required
to install in-house sprinkler systems that meet the standards of the local fire
protection district and the adopted Building Code. At building permit submittal, the
local fire protection district may require smaller structures to be sprinkled due to
hazard considerations, emergency access difficulties and lack of proximity to fire
protection services.
10. The Applicant shall also comply with the following standards for Development in a Low
Wildfire Hazard Area:
A. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class
A assembly as defined in the building code. Wood shake/shingle roof coverings are
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prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with
the following:
i) All roof coverings shall be constructed of non-combustible materials and installed
on a Class A roof assembly.
ii) All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
iii) Protrusions above the roofline, such as parapets, shall be prohibited.
iv) Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
v) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
B. Maintenance and Miscellaneous Requirement standards for wildfire hazard areas:
i) Roofs and gutters shall be kept clear of debris.
ii) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-
fourth (1/4) inch maximum.
Any outbuilding shall adhere to the same wildfire requirements.
iv) Yards shall be kept clear of all litter, slash and flammable debris.
v) All flammable materials shall be stored on a parallel contour a minimum of
fifteen (15) feet away from any structure.
vi) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height
not more than six (6) inches.
vii) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen
(15) feet away from the structure.
viii)Non-saltwater swimming pools and ponds shall be accessible by the local fire
district.
ix) Fences shall be kept clear of brush and debris.
x) Wood fences shall not connect to other structures.
xi) Fuel tanks shall be installed underground with an approved container.
xii) Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible
space vegetation mitigation around any aboveground tank. Any wood enclosure
around the tank shall be constructed with materials approved for two (2) hour
fire -resistive construction on the exterior side of the walls.
xiii)Each structure shall have a minimum of one ten (10) pound ABC fire
extinguisher.
xiv)Addresses shall be clearly marked with two (2) inch non-combustible letters
and shall be visible at the primary point of access from the public or common
access road and installed on a non- combustible post.
xv)Utilities shall be extended underground.
xvi)Additional recommendations from the Colorado State Forest Service, the Pitkin
County Sheriff's Department, the local fire protection district and/or a person
certified by the Community Development Department as an expert in designation
of wildfire areas and wildfire mitigation may be incorporated into any conditions
of approval as necessary to mitigate wildfire hazards.
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11. The Applicant shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited outside the Activity Envelope.
C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type,
shall not exceed fifty-four (54) inches in height above ground level, and twelve
(12) inches in width (top view), and shall have at least eighteen (18) inches between
the lower two (2) rails.
D. Landscaping shall not include nut, berry or fruit producing trees or shrubs palatable
to bears. This does not include pre-existing native trees and shrubs.
E. Access shall be provided to the Colorado Parks and Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
F. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
These containers shall be accessible to and used at all times by contractors on site.
G. Bird feeders, including hummingbird feeders, shall be hung away from any deck
or window, and be at least ten (10) feet from the ground suspended between two
(2) trees or posts. All seed feeders shall include a seed catchment pan to catch
discarded seed.
H. Pet food shall not be left outside.
I. All outside doors shall utilize only solid round handled door knobs unless another
type is required by the applicable Building Code for disabled accessibility
purposes.
J. Contractors shall be prohibited from bringing their dogs on -site.
12. The Applicant shall comply with the applicable codes and requirements of the Roaring
Fork Fire Rescue District, including but not limited to access, adequate area for turning
around of fire equipment, installation of an approved fire sprinkler system and provision
of an adequate water supply for firefighting.
13. Prior to commencement of any earthmoving or other construction activity, the Applicant
shall stake the corners of the activity envelope and install construction fencing around the
construction site. The fencing shall remain in place until issuance of a Certificate of
Occupancy.
14. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within
one growing season of the project's completion.
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15. Financial security in the form of a Letter of Credit (LOC), acceptable to the Community
Development Director, shall be provided to ensure that the vegetation proposed and required
to be installed thrives.
16. Security fencing shall be installed around the lagoon to remain in place until grading and
landscaping is complete.
17. The future use of the common area, the old lagoon, may require amendments to this approval
or the Lazy Glen Subdivision/PUD. An earthmoving permit may be required after the lagoon
dries out and portions are filled in for a future use.
18. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit(s) or approval(s) related to this property, or vested rights associated
with this property.
19. Statutory vested rights for the Activity Envelope and Site Plan Review approval contained
herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject
to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-
105. The statutory vested rights granted herein shall expire on June 9th, 2024.
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE
6th DAY OF MAY, 2021
APPROVED AND ADOPTED ON THE 9th DAY OF JUNE 2021.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times
Weekly on the 17th day of June, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
jt,a1A,t,f j�us
Jeanette Jones,
Deputy Clerk
Kelly McNicholas Kury, Chair
Date: Jun-23-2021
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
::SovtA,
John Ely,
County Attorney
Case#PLAN.0479.2021
Cindy Houben,
Community Development Director
PID# 2467-213-90-801, 2467-213-90-802, and 2467-213-90-805