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HomeMy WebLinkAboutbocc.res.049.20211111111 lllllllllIllllllllll 11111 lIllllIlIIIllIlllIlllllll 11111111110111111 RECEPTION#: 680358, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 8, 09/09/2021 at 02:27:15 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDING THE COLD MOUNTAIN RANCH OPEN SPACE PRESERVATION MASTER PLAN, AND GRANTING ACTIVITY ENVELOPE AND SITE PLAN REVIEW APPROVAL RESOLUTION No. 049-2021 RECITALS I. 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. Cold Mountain Ranch LLLP ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the Cold Mountain Ranch Open Space Preservation Master Plan (CMR Master Plan) to further cluster and limit development, reduce impacts on wildlife and continue viable agriculture. The amendments would modify Building Envelopes A and B, eliminate Building Envelopes D and E, reduce the total allowable floor area from 23,500 to 17,500 square feet, and reduce the maximum tloor area per residence from 5,750 to 3.500 square feet. The modifications require an amendment to the CMR Master Plan and the Conservation Easement. In addition, Site Plan Review approval is requested for a residence and garage in Building Envelope B. and Site Plan Review Exemption is requested for a caretaker dwelling unit in Building Envelope C. 3. The Property is located at 4239 State Highway 133. and is more specifically described as Parcels 1-5. 7 and 8, Cold Mountain Ranch. as shown on the Plat recorded in Plat Book 91 at Page 62. 4. The property is zoned RS-30 and contains approximately 609 acres. 5. In 2009, the Board of County Commissioners (BOCC) approved the Cold Mountain Ranch Open Space Master Plan and PUD subdivision in Resolution No. 015-2009. The Plat was recorded in Plat Book 91 at Page 62. Five Building Envelopes were established — two envelopes containing existing development (Building Envelopes B and C) and three envelopes for new residences and agricultural buildings (Building Envelopes A, D and E). The approval is vested in perpetuity "for the location of the identified building envelope options and floor area for the homes and agricultural buildings identified herein." 6. In conjunction with the Open Space Master Plan, Pitkin County Open Space and Trails (OST) purchased a conservation easement on the 609 acre Cold Mountain Ranch, co -held by Colorado Cattlemen's Agricultural Land Trust. recorded July 31. 2009, in the property records of Pitkin County at Reception No. 561545 and in the Garfield County records on August 3, 2009, Reception No. 772576 (the "Conservation Easement"). There are two existing residences on the property, and the Conservation Easement allows the construction of three additional residences and caretaker dwelling units accessory to each residence. 7. The Open Space and Trails Board (OSTB) considered the amendments at a regularly scheduled meeting on June 1, 2021, and recommended that the BOCC approve the amendments to the Open Space Preservation Master Plan Amendment and the Conservation Easement. RECEPTION#: 680358, 09/09/2021 at 02:27:15 PM, Pgs 2 of 8, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 049-2021 Page 2 8. The BOCC approved the Amended and Restated Deed of Conservation Easement for Cold Mountain Ranch on first reading on June 23, 2021; and set for second reading and public hearing on July 14, 2021, concurrent with consideration of the Amended CMR Master Plan. 9. The BOCC finds that the Amended CMR Master Plan is consistent with the applicable provisions of Sec. 2-40-70 of the Pitkin County Land Use Code, as follows: A. CMR Master Plan preserves productive agricultural lands and significant wildlife habitat, and the open space and scenic landscape. The proposed amendments further enhance the conservation values of the property. B. The amendments do not change the density and use limitations specified in the CMR Master Plan. The amendments reduce the potential envelopes from five to three, reduce the total allowable floor area from 23,000 to 17,500 square feet, and reduce the maximum residential floor area for each residence from 5,750 to 3,500 square feet. C. The CMR Master Plan and Conservation Easement, as amended, continue to provide a significant public benefit and resolve all development and use potential for the property D. The Amended CMR Master Plan is consistent with the values and goals of the CRVMP, including the following: 1) Preserve and protect the natural environment — wildlife and wildlife habitat. air quality. water resources 2) Maintain the rural and agricultural character of the valley 3) Acquisition of conservation easements 4) Reduction of development potential 5) Low density and clustered residential development 10. The BOCC finds that the elimination of Building Envelopes D and E and clustering development in Building Envelopes A, B and C reduces impacts on wildlife, preserves more open and agricultural lands, reduces visual impacts, and eliminates new driveways. 11. The BOCC finds that the proposal to amend Building Envelope A to remove 5.3 acres of irrigated land and add 6.9 acres of drylot; and to amend Envelope B to remove one acre of better habitat and add one acre to the north end complies with the Land Use Code as follows: A. The amended Envelopes avoid slopes in excess of 30%. B. Building Envelope B is in a mapped low wildfire hazard area. Building Envelope A is in a mapped moderate wildfire hazard area. Development will be required to comply with applicable mitigation standards. C. The entire property is within mapped mule deer winter range, and there is mapped mule deer severe winter range and elk winter range, severe winter range and winter concentration area to the slopes to the west. The proposed envelope amendments minimize impacts on wildlife by utilizing existing disturbed areas with limited or no native vegetation. D. The proposed amendment to Envelope A is in a non -irrigated area. The proposed amendment to Envelope B is in an irrigated pasture, however, this part of the pasture is rocky and not highly productive. This area replaces an area that contains native vegetation that provides wildlife habitat. RECEPTION#: 680358, 09/09/2021 at 02:27:15 PM, Pgs 3 of 8, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 0-19-2021 Page 3 12. The BOCC finds that the proposed Site Plan for a new residence and garage in Building Envelope B complies with the applicable provisions of the Code, as follows: A. The residence and garage comply with the floor area limit of 3,500 square feet. B. The residence will connect to an existing well just south of the site that is permitted to serve three dwellings. C. A new On -Site Wastewater Treatment System (OWTS) will be constructed within the envelope. D. An existing ranch road will be improved for the driveway, and CDOT has permitted the additional residential use of the existing access from Highway 133. E. The Applicant proposed a roof -mounted solar array of 6-8 Kw that will comply with the applicable Code standards. A minimum of 35% of total roof space will be constructed for solar gain and wired for solar energy collectors F. The long axis of the residence is south facing and oriented within 30 degrees of the east -west axis. The driveway will be south -facing with 80% oriented within 30 degrees of the north -south axis. G. The residence will be visible from Highway 133, but is located over 1,600' from the highway, and is not on the highest ground or most visible portion of the property. The house and garage are located at the south edge of a field and clustered with an existing ranch compound. The design with two separate structures breaks up the mass, and the largest facade of the residence does not face the highway. The height is less than allowed by Code. 13. The BOCC finds that the proposed caretaker dwelling unit in Building Envelope C is exempt from Site Plan Review, pursuant to Sec. 7-10-30(c), as there is no construction in a constrained area, the unit will be within the existing compound of agricultural buildings, and is accessed by an existing ranch road. The building will be visible from Highway 133, but will have minimal visual impact as it is sited in the context of the existing agricultural buildings and will be approximately 200' from the edge of the highway (most of the existing buildings are closer to the highway). 14. The BOCC 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 Pitkin County Board of County Commissioners that it hereby approves the Amended Cold Mountain Ranch Open Space Preservation Master Plan, subject to the following conditions, which shall run with the land and be binding on all successors in interest, and all provisions of the Amended and Restated Conservation Easement recorded as Reception No. (e1.03S$' 1. The Applicant shall adhere to all material representations made in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of this Resolution replace and/or restate the conditions of BOCC Resolution No. 015- 2009, as applicable. 3. The Applicant shall be required to submit the following documents for approval by the County Attorney and Community Development and recordation with the Pitkin County Clerk. The above referenced approvals shall be a condition precedent to finalization and recordation of the documents. These documents shall be recorded concurrently. A. Amended and Restated Conservation Easement RECEPTION#: 680358, 09/09/2021 at 02:27:15 PM, Pgs 4 of 8, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 049-2021 Page 4 B. Amended Cold Mountain Ranch Open Space Master Plan and PUD/Subdivision Plat with amended Building Envelopes C. Site Plan for new residence and garage in Building Envelope B 4. Except as specifically permitted by the Amended and Restated Conservation Easement, the division or subdivision of the Property into two or more parcels. whether by physical or legal process, including but not limited to condominium interests, time-sharing, the partition of undivided interests or subdivision by any judicial or non -judicial foreclosure, and any other act which Grantee reasonably believes divides the property and is intended to circumvent the requirements of the Amended and Restated Conservation Easement, is prohibited. 5. Pursuant to the Amended and Restated Conservation Easement, the ranch may continue to operate as a working ranch, with the following existing and future limited improvements: A. The combined residential floor area for the Property shall not exceed 17,500 square feet of floor area, including all single family' residences. garages and caretaker dwelling units. Residential floor area shall only be built within Building Envelopes A. B and C. B. A total of five single family residences are allowed in Building Envelopes A, B and C. The two existing residences in Building Envelopes B and C may be expanded. repaired or replaced. C. Each residence shall be limited to a maximum of 3,500 square feet of residential floor area, which shall include the residence and garage. D. A total of five caretaker dwelling units are allowed. accessory to each single family residence. Each caretaker dwelling unit is limited to a maximum of 1,000 net livable square feet. which counts as residential floor area. E. Agricultural buildings shall only be built within Building Envelopes A. B and C, except as provided in the Amended and Restated Conservation Easement. Use and occupancy of agricultural buildings shall be limited as follows: to shelter or enclose livestock. horses, poultry or field equipment, to grow trees, shrubs. flowers or vegetable plants; plant and animal husbandry; and maintenance and storage of agricultural equipment or products. F. Agricultural buildings in Building Envelope C are unlimited in number and square footage. Agricultural buildings in either Building Envelope A or Building Envelope B are also unlimited in number and square footage. The remaining envelope is limited to a total of 5,000 square feet of agricultural buildings. G. Within Building Envelope C, the owners may operate a Farm-Stay/Bed and Breakfast and an Agricultural Stand to sell products grown on the Property, pursuant to the applicable provisions in the Land Use Code. All Pitkin County and State health standards shall be adhered to for both operations. No greater than 5 parking spaces will be allowed in Building Envelope C for the combined uses of the Farm Stay and the Agricultural Stand. H. Parcel 5, the 160 acre non -adjacent dry land parcel located to the west of the bulk of the ranch. shall remain undeveloped. Permitted activity includes vegetative management by mechanical and chemical means to promote agricultural productivity and agricultural improvements such as fences, stock ponds, and maintenance of the existing access road. No structures are permitted on Parcel 5. 6. The Caretaker Dwelling Units are subject to the following: A. The kitchen shall contain the following: a minimum of a two -burner stove with oven, standard sink, and a refrigerator plus freezer. The oven rnust he able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"" W x 16- D x 5 25”Fl; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. RECEPTION#: 680358, 09/09/2021 at 02:27:15 PM, Pgs 5 of 8, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 049-2021 Page 5 B. Prior to issuance of building permit for each caretaker dwelling unit, the Applicant shall, by deed restriction. guarantee that the caretaker dwelling unit: 1) Shall not be required to be rented; 2) Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; 3) Shall be limited to occupancy by not more than two adults and related children. who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family. even though they may not qualify as employees of the community; 4) Shall be rented for terms not less than 6 months if rented. 7. Prior to permit issuance for new agricultural buildings. the Applicant shall record an Occupancy Covenant and Agreement that shall specify that the use and occupancy of the agricultural buildings shall be limited as follows: to shelter or enclose livestock. horses, poultry or field equipment, to grow trees, shrubs, flowers or vegetable plants; plant and animal husbandry; and maintenance and storage of agricultural equipment or products The Occupancy Covenant and Agreement shall allow the County to inspect the greenhouse at any time for compliance with the specified use limitations, subject to the provision of reasonable notice to the property owner. The form of the Occupancy Covenant and Agreement shall be approved by the County Attorney. 8. Failure to comply with the conditions of this approval may result in revocation of this Resolution and/or the Open Space Preservation Master Plan, or any subsequent permit(s) or approval(s) related to these properties, or the vested rights associated with the property, except with regard to any common law vested rights established through development and use prior to the time of the proposed revocation. 9. Statutory vested rights for the approval contained in BOCC Resolution No. 015-2009, as amended by this Resolution. 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 be in perpetuity for the location of the identified Building Envelopes, residential floor area and agricultural buildings specified herein. Floor area is to be calculated based on the rules in effect at the time of building pen -nit submittal. All remaining issues and fees are subject to the Code requirements in effect upon development. BE IT FURTHER RESOLVED by the Pitkin County Board of County Commissioners that it hereby approves amended Activity Envelopes A and B, Site Plan Review for a new residence and garage in Building Envelope B and Site Plan Review Exemption for a caretaker dwelling unit in Building Envelope C, subject to the following conditions. which shall run with the land and be binding on all successors in interest: 1. Prior to submission of building permit applications for the new residence and garage in Building Envelope B, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Sections 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 2. Site Plan Review or an exemption from Site Plan Review is required for all new structures within the approved Building Envelopes. prior to submission of any permit applications. RECEPTION#: 680358, 09/09/2021 at 02:27:15 PM, Pgs 6 of 8, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 049-2021 Page 6 3. With each building permit application, the Applicant shall: A. Obtain an address number from Pitkin County Addressing B. Provide proof of an adequate water supply (in terns of quantity and availability) for the proposed structure. C. Obtain a permit for construction of the OWTS. 1 D. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. E. Demonstrate adequate drainage for all low points. lithe proposed work disturbs more than 1,500 square feet, the Applicant shall submit engineering documents for storm -water detention facilities designed by a professional engineer licensed in the State of Colorado demonstrating 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 storm water discharges associated with construction activities shall be applied for and obtained prior to issuance ofa permit. F. If a new or improved access is required, obtain a County access/driveway permit acceptable to the Carbondale Fire Protection District and Planning Engineer. G. Pay the applicable road and employee housing impact fees. A. Submit a detailed landscape plan and revegetation plan for disturbed areas. All disturbed areas shall be revegetated with native grasses and/or shrubs. H. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. 1. Submit representation of the exterior indigenous earth tone materials or colors. 4. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved herein. The exterior materials shall utilize indigenous earth tone materials or colors and the roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflectivity, with the exception of materials associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other lightingg shall comply with the lighting code. 5. A minimum of thirty-five percent of total roof space on the single-family residence shall be constructed to accommodate solar gain. The roof -mounted and ground -mounted solar panels shall comply with Sec. 4-30-60. 6. Prior to commencement of any earthmoving or construction activity. the Applicant shall stake the comers of the applicable Building Envelope and install construction fencing around the perimeter of the envelope or around the limits of disturbance within the Building Envelope. All disturbance shall occur within the Building Envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the structure. 7. No development in excess of 30" above or below natural grade shall occur within the setbacks of the lot. with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval ofa variance. 8. No development, including grading, excavation. fill placement. berming. landscaping. construction parking and staging, well or on -site wastewater treatment system, shall occur outside of the approved RECEPTION#: 680358, 09/09/2021 at 02:27:15 PM, Pgs 7 of 8, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 049-2021 Page 7 Building Envelopes, with the exception of agricultural and other uses/activities permitted by the Conservation Easement. 9. The Applicant shall comply with the following conditions regarding wildlife: A. Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during construction. B. Contractors shall be prohibited from bringing dogs on -site during construction. C. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. D. 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. 10. All development shall comply with the applicable wildfire hazard mitigation standards in the Land Use Code, based on the level of hazard at the site — moderate hazard in Building Envelope A and low hazard in Building Envelopes B and C. 11. The Applicant shall comply with the applicable codes and requirements of the Carbondale Fire Protection District, including but not limited to access, adequate area for turning around of fire equipment, installation of an approved tire sprinkler system and provision of an adequate water supply for firefighting. 12. Development shall comply with the setbacks mandated by County zoning regulations. Any development that does not comply shall require a variance from the Board of Adjustment. Approval of an Activity Envelope within such setbacks does not assure approval of a variance. 10. 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. RECEPTION#: 680358, 09/09/2021 at 02:27:15 PM, Pgs 8 of 8, Janice K. Vos Caudill, Pitkin County, CO Resolution No. 049-2021 Page i NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE is r DAY OF JULY, 2021. APPROVED AND ADOPTED ON THE 14th DAY OF JULY, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO Julia Ely Deputy Clerk Kelly McNicholas Kury, Chair Date: Aug-24-2021 APPROVED AS TO FORM: APPROVED AS TO CONTENT: ay John Ely, County Attorney Cindy Houben, Community Development Director PID # 246315401001.246315201001,246315401004.246315401002,246315401002.246315201002 CASE #PLAN.0699.2021