Loading...
HomeMy WebLinkAboutbocc.res.065.20231111111 IIIII IIIII IIIII IIIII 1111111111 II1I II I III IIIII IIIII IIII111IlIII Il II11 RECEPTION#: 697727, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 6, 09/28/2023 at 01:23:23 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE VALLEY VIEW AJAX LLC SITE PLAN REVIEW AND SPECIAL REVIEW Resolution No. 065-2023 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. Valley View Ajax LLC (hereafter "Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for Site Plan Review approval to construct a 1,000 square foot cabin, and a 160 square foot accessory structure within the previously approved Activity Envelope. The Applicant is also requesting Special Review approval to extend electrical lines to the cabin from the existing electrical lines located on the parcel, construct a driveway within the previously approved Activity Envelope from Loushin Road, and to establish yard setbacks in the Rural/Remote (RR) zone district. 3. The parcel is located at TBD Loushin Road, and is more specifically described as Parcel 1, Valley View Ajax LLC Subdivision Exemption recorded in Book 125 at page 94. 4. The parcel contains 35.7 acres and is conforming in size within the Rural and Remote zone district. 5. The subject property is known as Parcel 1 contained within "Parcel C" pursuant to the Settlement Agreement recorded at Reception No. 619274. This Settlement Agreement was a result of the District Court for Pitkin County, Case No. 2013CV67, Order and Decree of Partition dated December 11, 2014, which divided the Iron Silver Placer and Washington Lode mining claims into four tracts. These tracts were titled Parcels A, B, C, and D and are shown on the Partition Order recorded at Reception No. 616327. 6. In August 2019, Valley View Ajax LLC divided Parcel C by virtue of recording a Subdivision Exemption Plat pursuant to CRS 20-28-101. The Subdivision Exemption Plat recorded in Book 125 at Page 94 depicts the subject parcel as Parcel 1. The Applicant subsequently obtained a GMQS allotment for a new development right pursuant to BOCC Resolution No. 011-2020. Pursuant to PZ Resolution No. 1-2020, a 21,743 square foot Activity Envelope was approved and is recorded in Book 129 at Page 17. 7. The parcel is improved with Aspen Mountain Ski Area infrastructure such as Loushin Reservoir #1 which supplies water for the Sundeck, piping and infrastructure for water conveyance, multiple pump and valve sheds, collection boxes, a decreed spillway, the Loushin Ditch, an overhead powerline, and informal access roads to these improvements. Most recently in 2016 the Aspen Skiing Company installed seepage repair liners in Loushin Reservoir #1 and enlarged and expanded their collection box for the springs above the reservoir. 8. Access to the parcel from Aspen is taken via the Summer Road on Aspen Mountain to Loushin Road which intersects the parcel. Access by this route crosses parcels owned by Aspen Skiing Company Resolution No. 065 -2023 Page 2 LLC (Access Easement Agreements recorded as Reception Nos. 619272 and 619274), Pitkin County and the USFS. In 2018, pursuant to the Access Easement Agreement recorded as Reception No. 651474, the Applicant was granted a perpetual, non-exclusive access easement through the 3 County owned properties along the alignment of Loushin Road. The said access easement agreement specifies that motorized use is limited to the portion of the year "when Aspen Mountain Ski Area is not open for skiing and the Aspen Mountain Summer road is open by Pitkin County for motorized use. Non -motorized use is unlimited except as may be restricted by Pitkin County Code or United States Forest Service regulations." In exchange, the Applicant granted Pitkin County a perpetual, non-exclusive recreational easement. The USFS issued Forest Road Special Use Permit (FS-2700-4b) authorizing the Applicant to use the road for seasonal occupancy and use (when the route is snow free and Aspen Mountain Summer Road is open and available for public motorized use 9. The BOCC considered the proposed application at a duly noticed public hearing on September 13, 2023. 10. The BOCC finds the Site Plan is consistent with the applicable provisions of the Pitkin County Land Use Code as follows: A. All grading and fill placement will occur within the 21,743 Activity Envelope approved pursuant to PZ Resolution No. 1-2020, recorded in Book 129 at Page 17. B. Pursuant to Sec 3-40-20 and Section 5-20-70(i), the parcel may develop one single-family residence up to a maximum of 1,000 square feet. Decks and porches shall not exceed 500 square feet, and a storage or mechanical enclosure shall not exceed 160 square feet. The Applicant is proposing to construct a 1,000 square foot cabin and a 160 square foot storage structure. Detailed floor area calculations will be reviewed at building permit submittal. C. The Applicant commits to adhere to all of the Code provisions pertaining to water courses and drainage, sediment and erosion control, irrigation and groundwater, and to demonstrate compliance at the time of building permit application. D. The property is not within the mapped scenic view protection area and the Applicant has represented that development within the Activity Envelope will not be discernable with the naked eye as viewed from Highway 82. Nonetheless, the Application agrees to comply with the Scenic View Protection standards including utilizing indigenous earth -toned colors or materials with non -reflective finishes. E. The Activity Envelope was selected to avoid the need to remove any trees or disturb densely vegetated areas. Any disturbed areas within the Activity Envelope will be revegetated with native species. Detailed landscaping/revegetation plans will be submitted and reviewed at building permit application. F. The Applicant has committed to comply with all Pitkin County lighting standards. Lighting plans will be submitted and reviewed at building permit application. G. The cabin will have a general east -west orientation with the longest building wall being within 20 degrees off the east -west axis to allow for southern sun exposure. The roof is proposed to be constructed with PV solar collecting shingles. The roof and roof overhang of the accessory structure is proposed to contain hydronic solar tubes. The driveway follows a south to north alignment. Resolution No. 065 -2013 Page 3 H. Energy storage for the renewable energy system will be provided with a capacity of at least 25% of the system's daily average production in kilowatts (kW). To accommodate the release of any excess energy or dumping of excess utility system load, the storage system will be provided with a means of attaching to the electric utility grid. I. A preliminary on -site wastewater treatment system ("OWTS") assessment was completed by All Service Septic which provided preliminary design standards. The proposed OWTS will be accommodated within the Activity Envelope on the east side of Loushin Road. Final design and installation will be reviewed by the Environmental Health Department prior to installation. J. Water is proposed to be provided by the existing water system associated with Loushin Reservoir #1. This system provides legal and physical water supply for the cabin through the Use and Operating Agreement for Water and Utility Improvements held with the Aspen Skiing Company. 11. The BOCC further finds that use of the Activity Envelope to designate the setbacks is appropriate to in order to have minimal impacts on immediate neighboring parcels and the natural environment of the larger surrounding area, and comply with the Special Review standards in Sec. 2-30-30. 12. The BOCC further finds that electrical lines currently exist on the parcel and within the approved Activity Envelope. The proposed connection to the electrical line can be considered consistent with the East of Aspen/Independence Pass Master Plan and other applicable sections of the Code. It will not materially endanger the public health, safety or welfare, it will have minimal impacts on immediate neighboring parcels and the natural environment of the larger surrounding area, and complies with the Special Review standards in Sec. 2-30-30, and the standards in Sec. 4-30-30(0(1) for the extension of public utilities. 13. The BOCC further finds that Loushin Road intersects the approved Activity Envelope. The proposed 12 foot wide gravel driveway connection to the cabin from Loushin Road line can be considered consistent with the East of Aspen/Independence Pass Master Plan and other applicable sections of the Code. It will not materially endanger the public health, safety or welfare, it will have minimal impacts on immediate neighboring parcels and the natural environment of the larger surrounding area, and complies with the Special Review standards in Sec. 2-30-30. 14. 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 BOCC that it hereby approves the Valley View Ajax LLC Site Plan and Special Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest, and authorizes the Chair 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 in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of the BOCC Resolution shall replace the conditions of PZ Resolution No. 1-2020. Resolution No 065 -2023 Page 4 3. Within 60 days of the date of this approval and prior to submission of any future permit applications, the Applicants 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 Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Site Plan shall be amended to include the proposed drainage plan and storm water detention facilities maintaining historical flow patterns and runoff within the Activity Envelope, prior to recordation. 4. With a building permit application for a new residence, the Applicant shall: A. Submit a copy of the recorded GMQS Covenant which shall include the commitment to forego the right to drill a well as water serving the parcels will be provided by water rights from Loushin Ditch. B. Submit the receipt for the cash payment of $8,000 to the Aspen Fire Protection District to help them attain a side -by -side UTV. C. Submit the receipt for the cash payment of $5,000 to Pitkin County Public Works Department to assist with funding the USFS rangers' position to enforce the OHV ban on the backside of Aspen Mountain. D. Submit the receipt for the cash payment of $7,000 to the City of Aspen Open Space and Trails Department to maintain and/or improve the nearby Ute Trail and associated parking facilities. E. Submit the Wildfire Hazard Assessment report performed by Colorado Wildlife Science LLC August 19, 2019, and demonstrate compliance with the recommendations for mitigation. F. Submit adequate drainage for all low points. If the 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 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 storm water discharges associated with construction activities shall be applied for and obtained prior to issuance of a permit. G. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. H. Submit an On -Site Wastewater Treatment System ("OWTS") Construction Permit for review and approval from Environmental Health. I. Provide adequate engineering for any retaining walls over four (4) feet in height and/or any improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of seven (7) feet tall. J. Submit a revegetation/Iandscaping plan for disturbed areas with appropriate native seed mixes. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. K. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. Exterior lighting shall comply with the lighting code. L. Submit representations of the exterior indigenous earth tone materials or colors. M. Complete a fireplace/woodstove permit from the Community Development Department if applicable. 5. Prior to building permit issuance, the Applicant shall pay the applicable road and employee housing impact fees. Resolution No. 065 -2023 Page 5 6. Motorized use such as the use of snowmobiles on the Access Easement between the Board of County Commissioners of Pitkin County and the Applicant recorded as Reception No. 651474, shall be limited to that portion of each year when the Aspen Mountain Ski Area is not open for skiing and the Aspen Mountain Summer road is open by Pitkin County for motorized use. Non -motorized use is unlimited except as may be restricted by Pitkin County Code or United States Forest Service ("USFS") regulations. 7. Winter maintenance of roadways and driveways is prohibited, except if the prohibition on plowing of limited service area roads is varied by the BOCC pursuant to the Road Maintenance and Management Plan. 8. The Applicant shall comply with the wildfire mitigation recommendations found in the Wildfire Hazard Assessment report performed by Colorado Wildlife Science LLC August 19, 2019. 9. The Applicant shall comply with the following conditions to mitigate impacts on wildlife: A. Dogs shall be kenneled within fifty feet of the residential buildings or leashed under human supervision when outside a required kennel. B. Contractors are prohibited from bringing their dogs on -site. C. Landscaping shall not include nut, berry or fruit producing trees or shrubs to minimize an attractant to bears. D. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. E. All outside doors shall utilize only solid round handled doorknobs unless another type is required by the applicable building code for disabled accessibility purposes. F. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April through November. G. Fencing shall be prohibited, except for fencing immediately adjacent to the residence to contain pets or to fence a garden. H. Retain tall, overly mature and standing dead trees whenever possible as nesting habitat. I. Livestock (including horses) shall be prohibited. 10. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the perimeter of the envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 11. No development, including utilities, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, and vegetation removal or disturbance, shall occur outside of the approved activity envelope, except to comply with the required wildfire mitigation or an approved weed management plan. 12. All plants used for landscaping and revegetation shall be native species. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the residence. Resolution No. 065 -2023 Page 6 13. The Applicant shall comply with the County's Noxious Weed Management Plan. 14. 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. 15. 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. 16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on September 13, 2026. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN DAILY NEWS on the 10'h day of August, 2023. APPROVED AND ADOPTED ON THE 13'h DAY OF SEPTEMBER, 2023. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Daily News on the 28th day of September, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO SA*w Sam Engen Deputy Clerk and Recorder APPROVED AS TO FORM: Richard Neiley III, Assistant County Attorney PLAN 0061 2023 HD 273730401003 By %V' A Lit. Jaat tr Frances Jacober, Chair Date Sep-21-2023 APPROVED AS TO CONTENT: S-tm)attilnt, 0Joiff Suzanne Wolff, Community Development Director