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Home My WebLink Aboutbocc.res.043.199911111111 11111 Bill 11111 IIIIII Ill Illllll NI 1111 1111Illl 436904 10/22/1999 02:28P RESOLUTI DAVIS SILVI 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE BRAUN RANCH GMQS EXEMPTION, SPECIAL REVIEW, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, CARETAKER AND EMPLOYEE DWELLING UNIT APPLICATION Resolution No. 99-13 RECITALS 1. St. Clair Company, LLC ("Applicant") is represented as the contract purchaser of certain real property located in Pitkin County described as Lot 2, Elam Subdivision, in the Woody Creek area. The property is bounded by Lower River Road, the Rio Grande Railroad corridor and Woody Creek Road to the south; Little Woody Creek Road to the east; Aspen Valley Downs and other privately owned property to the west; and BLM lands to the north. The property is zoned RS-20 PUD and contains five -hundred and seventy-nine (579) acres. Applicant is proceeding with the permission of the current owner of the property, William Braun. 2. Applicant filed a single, unified application for development approval seeking numerous land use approvals for a residential development (the "Application"). The development application sought approvals for the following: a. A total of fifteen (15) parcels, each thirty-five (35) acres or greater in size. b. Fourteen (14) of the parcels were proposed for two dwellings and an unspecified number of accessory structures: i. One single-family dwelling unit per parcel up to 15,000 square feet of floor area; ii. One caretaker dwelling unit per parcel up to 700 net livable square feet; and iii. An unspecified number and square footage per parcel for accessory structures (e.g., barns). c. One of the parcels was proposed as a "common parcel" with four dwellings and an unspecified number of accessory structures: i. One single-family dwelling unit up to 12,000 square feet in size; ii. One caretaker dwelling unit up to 700 net livable square feet; Two employee dwelling units up to 1,500 net livable square feet each. 3. To receive approval for the development proposed in the Application, the following individual reviews and approvals were required pursuant to the Pitkin County Land Use Code (the "Code"): a. Fifteen (15) individual 1041 Hazard Review and Conceptual Submission approvals to establish building and development envelopes on the fifteen (15) proposed parcels; b. Four (4) individual exemptions from the Growth Management Quota System ("GMQS Exemptions") to replace existing dwelling units; c. Eleven (11) GMQS Exemptions for the use of transferable development rights ("TDRs") on eleven (11) of the sites, each of which would contain up to 15,000 square feet of floor area; d. Eleven (11) Special Review approvals to designate eleven (11) sites as TDR receiver sites, each of which would accommodate 15,000 square feet of residential development; e. Fifteen (15) GMQS Exemptions for fifteen (15) caretaker dwelling units; Resolution No. 99-1.3 Page 2 1111111IIIII 111111 1111111111 III IIIIirn III11111 Uil IIII 436904 10/22/1999 02:28P RESOLUTI DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO f. Fifteen (15) Special Review approvals to construct a caretaker dwelling unit ("CDU") on each proposed parcel; g. Two (2) GMQS Exemptions for two (2) employee dwelling units ("EDU") on the proposed common parcel; and h. Two (2) Special Review approvals for two (2) EDUs on the proposed common parcel. 4. Pitkin County's professional planning staff and Community Development Department recommended denial of the Application, based on the findings specified in the staff memoranda dated April 27 and July 14, 1999 which included the following issues which are more fully detailed in the memoranda: a. All of the parcels are highly visible from Highway 82, and the proposed size of the residences, size of the development envelopes and the lot layout maximize the visual impact of the development. The Applicant has not proposed to reduce the height or bulk of the residences, nor to cluster the residences, in order to reduce their visual impact. b. Creating 35 acre parcels which spread development across the entire property and prevent clustering diminishes the rural character of the Woody Creek area. c. Maximizing the size of the proposed residences and the size of the proposed development envelopes, and not clustering the development, decreases the amount of agricultural land that can be preserved. d. The proposed access will impact slopes in excess of 30%, which is prohibited by Section 3- 80-050(C)(2) of the Code. The disturbed area will extend approximately 250 feet along Woody Creek Road. Detailed information on the cut and grading necessary for the access has not been provided. e. The proposed development is not consistent with the intent of the RS-20/PUD zone district to cluster development, to minimize scattering of development in rural areas, to maintain the rural lifestyle, and to locate development outside of irrigated lands. f. The Applicant does not meet the special review criteria, which would allow GMQS exempt development through the use of TDRs. g. The Applicant has requested GMQS exemptions for four replacement units, where the Code only allows for one replacement exemption, 5. The BOCC reviewed the request at a duly noticed public hearing on July 14, 1999, at which time its professional planning staff made a presentation and other evidence and testimony were presented with respect to this Application. 6. Public comment received by the BOCC and comments of the Commissioners referred to the impacts and inappropriateness of the Application in the neighborhood and community. These comments included in part the fact that the proposed development would overtax the county road system during its construction, occupancy and servicing as well as the opinion that mitigation for such a high level of development solely by the use of transferable development rights did not meet the County's needs to preserve the general welfare and quality of life in the community. General concerns were raised regarding the lack of affordable housing provided by the Application and scale of growth management exemptions. Testimony was also given regarding the Application's failure to comply with the special review criteria of the Code. Resolution No. 99-73 111111111111111111111111111111111111111III 11111 IIII IIII 436904 10/22/1999 02:28P RESOLUTI DAVIS SILVI Page3 3 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 7. The professional planning staff testified that the access to the proposed development crossed slopes in excess of 30% in violation of Section 3-80-050(C)(2) of the Land Use Code. 8. The BOCC moved to deny the Application based upon its professional planning staff s recommendation and information presented at the hearing, including the fact that: the Application for use of TDRs was not consistent with the Down Valley Comprehensive Plan or the Woody Creek Master Plan; the Application did not comply with county land use policies in Article Two of the Land Use Code; the Application did not comply with the intent of the RS-20/PUD zone district and is not compatible with the rural character of the surrounding area; the Application is inconsistent with the provisions of the Land Use Code; and the Application failed to meet the criteria for special review approval. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Braun Ranch GMQS Exemption, Special Review, 1041 Hazard Review, Conceptual Submission, Caretaker and Employee Dwelling Unit Application. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Pitkin County Board of County Commissioners that the denial of the single development application does not preclude reapplication consistent with the Pitkin County Land Use Code. 1999. NOTICE OF PUBLIC HEARING published in The Aspen Times on the 12th day of June, DENIED on the 14th day of July, 1999. ATTEST: dee R. Dean, Clerk to the BOC APPROVED AS TO CONTENT: Cindy Houben Community Development Director P138-98 PID #2643-094-00-001 mmmAW/22/W BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORtjDO Leslie J Lont, Chair APPROVED AS TO FORM: