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Home My WebLink Aboutbocc.res.066.2023BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING ONE CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHT TO BLUE OX LOGCRAFTERS LLC BOCC Resolution No. 066 -2023 RECITALS 1. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter ("HRC") official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens. 2. Blue Ox Logcrafters LLC ("Applicant") has applied to the Pitkin County Board of County Commissioners (`BOCC") for a constrained site determination and issuance of one Transferable Development Right ("TDR") pursuant to Section 6-70-40(a)(7) of the Land Use Code ("Code"). 3. The property is located at TBD Bobcat Lane and is legally described as Lot E-3 of the Redstone Ranch Acres Subdivision. The parcel is 0.752 acres (32,773 square feet) in size and is zoned Agriculture/Residential-10 Acre (AR-10). The property is non -conforming in size for the zone district. The parcel identification number is 2729-293-04-003. 4. Previous records for the property include: A. In 1966, the Redstone Ranch Acres Subdivision Plat for the Third Filing was recorded at Book 3 at Page 70 (Reception No. 123239). The Protective Covenants were recorded in a previous filing of the subdivision in 1961 and are recorded at Book 197 at Page 136 (Reception No. 113038). 5. The application was referred to the County Attorney, Redstone Ranch Acres Homeowners Association and the Crystal River Caucus. Comments were received from the following: County Planning Engineer, County Zoning Planner, County Road and Bridge Engineer, Carbondale and Rural Fire Protection District and County Environmental Health. 6. The BOCC reviewed the request for a determination as to whether the parcel is "undevelopable or severely restricted" and, therefore, whether it would be appropriate to grant one constrained site TDR at a duly noticed public hearing on September 13, 2023, at which time evidence and testimony were presented with respect to this application. 7. The BOCC further finds that the subject property is developable as Code provides for the mitigation for site constraints, where site constraints cannot be avoided, as follows: A. The Board of Adjustment may grant yard setback variances pursuant to Section 2-40- 100(b), without consideration of the setbacks dictated in the Redstone Ranch Acres Covenants. B. Steep slopes in excess of thirty (30) and forty-five (45) percent are present, primarily located on the western portion of the lot. Development on slopes in excess of thirty (30) and forty-five (45) percent may be allowed pursuant to Section 7-20-20(b)(1)(b) and 7-20- 20(c)(1), respectively, if there is no alternative building site. 1111111111111111111111111111111111111111111 IlIlIlIlIlIll 1111111111 IIIIIIII RECEPTION#: 698167, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 10/18/2023 at 11:64:19 AM Ingrid K. Grueter, Pitkin County, CO BOCC Resolution No. 066-2023 Page 2 C. The Applicant asserts the drainage along Bobcat Lane could be considered an intermittent stream pursuant to Section 7-20-80(a)(2)(a), where a 100-foot setback is required. In the event a 100-foot setback would be required, the area for development outside the 100-foot setback would be slopes in excess of thirty (30) and forty-five (45) percent. Staff has concluded the water shall be classified as drainage, and not an intermittent stream based on findings for an approved development plan on Lot E-2. Therefore, the drainage shall be subject to Section 7-20-30 for Water Courses and Drainages, and, therefore, the lot is not constrained by a 100-foot setback from the drainage. The drainage findings are as follows: i. The subject property is not mapped as containing intermittent streams, nor wetlands. ii. No obvious wetland vegetation was observed. iii. No diversions per Division of Water Resource Mapping are located uphill from the subject property. iv. The existing ponding and channelization is represented to be a result from the original creation of the subdivision and vegetative debris that has collected over time. v. The existing off -site spring is represented to not flow annually. D. The subject property is mapped within a low wildfire hazard area where development is permitted subject to mitigation measures in Section 7-20-60(c). The Applicant provided a site -specific wildfire hazard report indicating the subject property is a severe hazard. However, the Carbondale and Rural Fire Protection District asserts this property and the property located to the north (Lot E-2) are rated as low hazard. E. The subject property is mapped within elk winter range and within 0.25 miles of an elk production area, where development is permitted pursuant to Section 7-20-70(c), Construction activity would be prohibited between May 15th and June 30th pursuant to Section 7-20-70(g)(3) and dogs would be prohibited pursuant to Section 7-20-70(f)(4). The subject property is within an existing zone of influence for wildlife, given surrounding development. F. The Applicant asserts that the existing private access road, Bobcat Lane, and the private bridge over Big Kline Creek is not adequate for construction traffic. The roads and bridge are private assets of the Redstone Ranch Acres Maintenance Association. A structural engineer's analysis of the bridge was not provided. G. The Applicant represents difficulty in establishing a domestic well and an OWTS. The existing well is located in the center of the property's slopes less than thirty (30) percent and has been determined to be low production. The Applicant asserts the subject property does not have space for water storage, although the well hole, at 416 feet deep, could provide the needed storage. BOCC Resolution No. 066-2023 Page 3 ii. Due to a poorly located domestic water well, the OWTS would be required to be located high on the slopes in excess of forty-five (45) percent, or on another property. The existing domestic well could be abandoned and a new domestic well could be located in a manner to facilitate development. iii. An OWTS must avoid the location of existing roadway drainage, which accounts for the majority of the area of slopes less than thirty (30) percent on the subject property. However, the roadway drainage could be resolved to facilitate development. 8. The BOCC further finds that the subject property is not merged with adjacent Lot E-4, pursuant to Section 9-20-20(a), as the subject property and Lot E-4 are represented to not have "common ownership" as defined in Chapter 11 of the Land Use Code. Specifically, the lots do not have identical ownership interests. 9. The BOCC further finds that pursuant to Section 2-40-30(b)(1) principles of equitable mitigation do not merit the issuance of a TDR, as follows: A. Pursuant to Section 6-30-100(a)(1), the subject property has a development right for a single-family residence up to 5,750 square feet. Pursuant to Section 5-20-20, there is no guarantee of maximum density or floor area. B. The Applicant considers a single-family residence of less than three (3) bedrooms to be an unfavorable solution to development on the subject property, deeming it economically unfeasible. C. Pursuant to Section 6-70-40(a)(7), the determination that a property is constrained is merely a procedure to allow the BOCC to consider granting a TDR at the request of a property owner. 10. The BOCC finds that it is in the best interest of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County that it hereby denies the Blue Ox Logcrafters LLC Constrained Site TDR 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. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN DAILY NEWS on the loth day of August 2023. DENIED on the 13th day of September, 2023. BOCC Resolution No. 066-2023 Page 4 ATTEST: BOARD OF COUNTY COMMISSIONERS: Stuti fzuy-AA. Sam Engen Deputy County CIerk Fr it 3 chtsue Francie Jacober Chair APPROVED AS TO CONTENT: APPROVED AS TO FORM: Suzanne Wolff John Ely Community Development Director County Attorney Parcel Identification Number: 2729-293-04-003 PLAN.0087.2023