HomeMy WebLinkAboutriver.ridge.review.(collins)CONTINUED FIRST READING AND PUBLIC HEARING ON DRAFT
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO APPROVING THE RIVER RIDGE IN
WOODY CREEK (COLLINS) SUBDIVISION/PUD DETAILED
SUBMISSION AND FINAL PLAT
MEMORANDUM
TO:
THROUGH:
FROM:
RE:
Board of County Commissioners
Cindy Houben, Community Development Director
Lance Clark~, ~ssistant Director, Community Development
River Ridge in Woody Creek Subdivision/PUD (formerly Collins Subdivision) Detailed
Submission and Fiual Plat, ~eaom~, Public Hearing
DATE: June 9, 2004
SUM/VIARY OF REQUEST: The Applicaut is requesting Detailed Subdivision Submission and Final Plat
approval to finalize a three lot subdivisiou in Woody Creek.
APPLICANT: James H. Collius
REPRESENTATIVE: Herb Klein.
LOCATION: Upper River Road
ZONING/LOT SIZE: The property is zoned AFR-10. Tile property contains approximately 35 acres.
The three new platted lots will be approximately 21 acres, 10 acres, aud 4 acres in size.
PROCESS: The Planning and Zoning Commission reviewed the proposed subdivision in the 2001
GMQS competitiou for new residential subdivisions on December 11, 2001. The BOCC allocated the
requested square footage of 11,250 square feet. The P&Z recommended approval of the Conceptual
Subdivision/PUD on February 5, 2002. The BOCC approved Conceptual Subdivision on May 8, 2002.
Tile Applicant has requested that he be permitted to submit for Detailed Subdivision Submission and
Final Plat approval in the same application. Staffdoes not object to this request due to the size and
limited complexity of the subdivision.
The P&Z considered the Detailed Submission/Final Plat application on July 15, 2003 and by a 5-0 vote
have forwarded a recommendation of approval to the BOCC subject to conditions (minutes attached). The
P&Z recommended a 5 year vesting period for the project.
This application has been coutinued from September 10~ 2003, while the Applicant pursued the required
Water Court Decree. Staffhas been advised by the Applicant that the decree has been obtained as~d that it
will be presented at the hearing.
PROPOSED PROJECT: Three lots of varying size, along with Agricultural Preservation Areas, a
Riparian Protection Zone, and a Non-Development Area are proposed.
The Applicant has proposed meeting the affordable housing mitigation requirements of the approval
t~rough the "bu* down" of~ ~--~ ~- ] - ·
.,- ,~ ,,~e-uearoom co ldonlnllum in Basalt. Tlfis is acceptable to tile Housing
Autbority, Staff, and the P&Z. The Housiug Authority has recommended that this unit be deed restricted
Collins Subdivision, Detailed Submission,
And Final Plat
BOCC June 9, 2004
Page 2
to Category 4 prior to Final Plat approval, and that it be sold through the lottery prior to any building
permit approvals for the subdivision.
STAFF ANALYSIS: The Applicant has responded to all code requirements for detailed submission and
final plat and to all conditions of the conceptual approval (BOCC Res. #93~2002, attached) for which
action was required prior to submission for detailed subdivision or final plat consideration.
There are a few areas 0f concern to be noted at this time:
cl The County Attorney and the Applicant have not come to agreement on acceptable language to
assure the lots will not receive an agricultural assessment status. The Applicant requests
language such as, "the owners will not make applicatmn for agrtcultural assessment. The
County Attorney prefers lm~guage prohibiting, "agricultural activities conducted for profit or wi~h
t ~e anticipation of profit".
rn The Resolution of approval requires doculnentation that water rights have been secured for the
proposed ponds. The Applicant has indicated this is in place. The plat can not be recorded until
these water rights are secured or the ponds are eliminated from consideration.
STAFF'S RECOMMENDATION: Staffrecomlnends the BOCC adopt a motion approving the River
Ridge in Woody Creek Detailed Subdivision and Final Plat on lst Reading subject to the conditions in the
attached Resolution and setting 2nd Reading for June 23, 2004.
ATTACHMENTS: 1. Draft Resolution of Approval
2. Resolution #93-2002
3. P&Z Minutes
4. Fire referral
5. EHD referral
6. Housing referral
7. Fire gift agreement
Lancec/cases/collinsdetfinalboccmemo2.doc
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVENG THE RIVER RIDGE IN WOODY CREEK (COLLINS)
SUBDMSION/PUD DETAILED SUBMISSION AND FINAL PLAT
Resolution No. -2003
RECITALS
1. James H. Collins ("Applicants") has applied to tbe Board of County Commissioners of Pitkin
County, Colorado ("BOCC") to subdivide a 35 acre parcel in Woody Creek into three single family lots
containiug 21 acres, 10 acres and 4 acres.
2. Said parcel is located on Upper River Road, Kid is more specifically described in Exhibit A.
3. The BOCC granted Conceptual Subdivision/PUD and 1041 Hazard Review approval, porsuant to
Resolution No. 093-2002, on May 8, 2002.
4. The Plalming and Zoning Commission reviewed the Detailed Submission/Final Pht application at a
regular meeting on July 15, 2003, and recommended approval by a vote of 5-0.
5. The BOCC heard this application at a duly uoticed public hearing on September 10, 2003, and
continued the item to a public hearing on June 9, 2004, at which lime evidence and testimony were presented
witb respect to the application. The application was heard at a second reading on June 23, 2004.
6. The BOCC finds that the application is generally consistent with fl~e applicable provisions oftbe
Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the River
Ridge in Woody Creek (Collins) Subdivision/PUD Detailed Submission and Final Plal; subject to the
following conditions, which shall rm~ with the land aud be blaring on all successors in interest, and all
conditions of Resolution No. 093-2002, except as amended below:
The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by
36 incbes ia size with a 1 I/2 inch margin on the left side and a 1/2 inch margin on the other
sides, and drawn to scale Which is not less thaa 1 inch = 100 feet, and shall otherwise comply
with the provisions of Section 5~40~020 of the Land Use Code.
Prior to recordation office Final Plat, the Applicant shall:
A. Submit the mnended Subdivision hnprovements Agreement and Covenants for review and
approval by the Community Development Department and the County Attoroey for form
and compliance witb the development approval.
B. Provide certificatiou from the CouatyTreasurer's office that all ad valorem taxes applicable
to the parcel have been paid for all prior years.
Provide evidence the water rights for the ponds have been secured or eliminate the ponds
from the plat.
Concurrent with recordatioa of the Final Plat, the Applicant shall record the Subdivision
Improvements Agreement, tbe Covenm~ts; and a deed restriction satisfactory to the Housing
Autbority for the three-bedroom Category 4 condom inium unit at 7202 Elk Run, Basalt. The unit
Resolution No. ~-2004
Page 2
shall be sold to a qualified resideut prior to the issuance of a building permit for either of the new
single family homes.
4. The Subdivision Improvements Agreement shall be mnended as follows, prior to recordation:
A. Paragraph 1 shall be amended to state that driveway shall have a 20' wide gravel surface
with a minimum 14'wide driving width.
B. Paragraph 14 shall be amended to clarify that financial security must be approved by the
County Attorney and eliminate "may be in the form of ........ ".
C. Paragraph 14.3 shall be amended to clarify that if there is an owner default the County
can collect ou the security but is not obligated to complete the improvements and could
seek other remedies, including revocation of permits and approvals.
The Covenants shall be amended as follows, prior to recordation:
A. Article VI, 2. shall be amended to add an attorneys' fees provision.
C.
D.
E.
F.
G.
H.
Clarify that covenants are perpetual and run with the land.
Add agricultural use/assessment limitation provision.
Article 1, 7. eliminate references to grey water system,
Article 1, 9. change 5,570 to 5,750.
Article I, 10. change to reflect all driveways will be treated with dust retardant.
Article II1 clarify that wildfire restrictions are applicable to Lot 3 at redevelopment.
Article II clarify that wildlife restrictions are applicable to Lot 3 except that a dog kennel
will not be required until sale of Lot 3.
Resolution 093-2002 is hereby amended as follows;
A. Condition #26 is amended to eliminate requirement for a dry hydrant.
B. Condition #30, A. v. is amended to eliminate reference to a grey water system.
C. Condition #30 A. viii. is amended to change 5,570 to 5,750.
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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall
expire on ., 200__.
The Applicant shall comply with all material representations made in the application and in public
meetings m~d hearings.
Resolution No. -2004
Page 3
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEF~KI,y on the 9th
day of August, 2003.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the ~'
· 10 day of September,
2003.
HEARD AND CONSIDERED AT A CONTINUED PUBLIC HEARING AND FIRST
READING on June 9, 2004.
APPROVED AND ADOPTED AFTER SECOND READING on the 23rd day of June, 2004.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of
2004.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
Jeanette Jones
Deputy County Clerk
By
Date
Dorothea Farris, Chair
APPROVED AS TO FORM:
John Ely,
County Attorney
APPROVED AS TO CONTENT:
Cindy Hoube ~,
Community Development Director
Case #P051-03
PID #264309300004
Lancec/cases/collins sub detailedfinal bocc reso.doc
RESOLUTION OF 'rile BOARD OF COUNTY CO/VI1KISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL OF CONCEPTUAL SUBDMSION, PLANNED ~
DEVELOPI~IF_,NT, AND 1041 HAZARD REVIEW TO JA1V[ES H. COLLI2NS
Resolution No. ~)~- 2002
RECITALS
1. James H. Collins ("Applicant"), has applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") for approval for the subdivision of 35.255 acres into three lots which will include
the following:
A. Two new single-family residential lots consisting of 4 acres (Lot l) and 11 acres (Lot 2); and
B. The remaining pamel, 20.266 acres (the Fathering Parcel), which contains the Applicant's
existing residence.
2. The property is in the Woody Creek area off of Upper River Road and is more specifically described
in Exhibit A.
3. The Applicant competed in the 2001 GMQS competition for new residential subdivision on
December 11, 2001 for two single-family lots with dwelling units of 5,750 square feet. Pursuant to
Resolution No. PZ-07-2001, the Planning and Zoning Commission forwarded the 2001 Rural Area
Residential GMQS scores to the BOCC, which allotted the subject property 11,500 square feet. Pursuant to
Resolution No. 006-2002, the BOCC allocated the requested allotments in the 2001 Rural Area Residential
GMQS competition for new subdivision lots and newly created 35+ acre parcels.
4 The Planning and Zoning Commission ("Commission") at a regularly scheduled meeting on
Febma/'y 5, 2002, reviewed the application and recommended conditional Conceptual Subdivision approval
to the BOCC.
5 The BOCC heard the first reading of this application at a duly noticed public hearing on April 24,
2002, at which time evidence and testimony were presented with respect to this application.
6 The BOCC heard the second reading of this applicatim on May 8, 20~2, at which time additional
evidence and testimony were presented with respect to this application.
7 The BOCC finds that the Applicant has complied with the applicable policies and regulations of the
Pitkin County Land Use Code, provided that conditions of this document are adhered to.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant Conceptual Subdivision, 1041 Hazard Review, Conceptual Submission and Planned
Unit Development approval to the Collins development, subject to the following conditions which shall run
with the land and be binding on all successors in interest:
1. Prior to submittal for any earthmoving, access or building permit applications, the Applicant shall
submit a Final Plat to the Community Development Department for review by the County Engineer, County
Attorney and the Community Development Department in accordance with section 5-40 of the Pitkin County
-~esotution No. ~_~j_.~- 2002
Page 2
Land Use Code. The Plat shall also be submitted in digtal format for integration into the County's GIS
system. The Plat shall also reflect the following:
A. The Fathering Parcel shall be referred to as "Lot 3".
B. The location of the proposed ponds on Lots 1 & 2 shall be delineated.
C. A building envel°pe around the improvements on the Fathering Parcel (Lot 3) shall be
delineated.
2. . Prior to recording of Final Plat, the Applicant shall obtain a final decree from the Water Court
approving a water augmentation plan, in the event required.
3. At Final Plat, the Applicant shall provide documentation that the water rights to support the
construction of the ponds on Lots 1 & 2 have been obtained. The Applicant shall also provide documentation
that the water rights to irrigate the agricultural open space are owned bythe Applicant.
4. At Final Plat, the Applicant shall provide documentation that inclusion in the Basalt Water
Conservancy District (BWCD) has been accomplished.
5. Prior to submittal ora septic permit, the AppliCant shall provide documentation of adequate quality
and quantity of water to the Environmental Health Department. Wells may be located outside of the building
envelopes, if approved by the Environmental Health and Community Development Departments.
6. Prior to the issuance of a building p~rmit, the Applicant shall obtain approval ora septic permit from
the Environmental Health Department. The septic system shall be located within the approved building
envelopes, and must comply with the setback requirements from surface and groundwater sources A
qualified professional engineer must design the system. Septic systems may be located outside oftbe
building envelopes, if approved by the Environmental Health and Community Development Departments.
7. Development, such as overhangs, decks, and other projections, shall occur within the approved
building envelopes and shall not extend beyond the envelope.
8. The Applicant shall comply with the following wildlife mitigation measures:
A. One dog shall be allowed per lot with a kennel restriction. Prior tethe issuance ora Certificate
of Oceupancy, a kennel shall be constructed.
B. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to
Certificate of Occupancy, compliance with the ordinance shall be verified.
C. Fencing shall comply with Pitkin County guidelines at the time of installation.
D. Native vegetation shall be preserved outside of the building and'development envelopes, with
the exception of agricultural cultivation and any thinning and spacing required to
accommodate wildfire mitigation.
E. Fruit-bearing trees and shrubs should be avoided in any landscaping.
F. All lots shall comply with the provisions of the Pitkin County Noxious Weed Management
Plan.
Resolution NoJ.~ - 2002
Page 3
G. The ponds created shall have a littoral shelf and shall be fenced from grazing livestock except
for a watering location.
H. Any haystacks for horses shall be fenced at the owner's expense with 8' high mesh game
proof fencing.
9. At Detailed Submission, the Applicant shall provide specifications with respect to the $2,000 cata
donation to the Aspen Fire Protection District, including when this donation will be paid, shall be approved
by the District. Prior to recording of the Final Plat, the Applicant shall pay the $2,000 donation to the
District.
l 0. Prior to the reeordingo fthe Final Plat, the Applicant shall pay the $5,000 donation to RFTA to be
used towards the purchase of the new Woody Creek bus.
11 .. The Applicant shall comply with the following affordable housing mitigation measuresprior to the
issuance of any building permits for the subject lot~
A. The Applicant shall mitigate housing fur a total of 2.66 residents.
B. The Applicant shall provide deed restricted, for sale, buy-down housing for the equivalent of
1.25 residents as proposed.
C. The AspenPPitkin County Housing Authority shall approve the proposed bu:pdown unit.
D. At Detailed Submission, the Applicant shall indicate how they propose to fulfill the remaining
mitigation requirement of 1.41 residents, either in the form of deed restricted housing, or by the
requested option to make a payment of cash-in-lieu.
E. At Detailed Submission, the Applicant shall indicate the housing type and Category proposed for
the deed-restricted units.
F. The Applicant shall deed restrict the units in perpetuity to the Aspen/Pitkin County Housing
Authority.
G. The deed restriction on the affordable housing units shallbe in perpetuity to the price terms as
defined hythe Aspen/Piti(in County Affordable Housing Guidelines in effect at the time of Final
Plat.
H. The Housing Office shall qualify all tenants under the Affordable FIousing Guidelines.
12. Prior to the submission of Detailed Submission, the Applicant shall work with the Environmental
Health Deparmaent to produce a PM-10 mitigation plan containing specific, enforceable control measures and
documenting that the proposed mitigation measures will fully mitigate for al PM-10 increases in the non-
attainment area caused by the development.
13. Prior the iSsuunee of any building permits for each lot, the Applicant shall pay the applicable mad
impact fee.
Resolution No. ~ - 2002
Page 4
14. P.rior to Final Plat, the Applicant shall submit an overall Fugitive Dust Control Plan for the proposed
common ~mprovements for review and approval by the Environmental Health Department. The Plan shall
include measures to insure that dust does not become a nuisance or blow onto adjacent properties.
15. Prior to the issuance of any building permits for each lot, the Applicant shall submit a sitespecific
Drainage e. nd Erosion Control plan which addresses management during construction as well as pos~
construction, for review and approval by the County Engineer.
16. Prior to the submittal of any building permit for each lot, the Applicant shall obtain an
Acceas/Driveway Development Permit for individual driveways, which shall be approved by the County
Engineer. If the driveway exceeds 30 inches above or below the natural grade within the sethaeks, variances
must be approved by the Board of Adjustment prior to issuance of an Access Permit.
17. Prior to the issuance cfa building permit of each lot, the applicant shall make a cash payment in lieu
of dedicating land to the Aspen School District. Calculation of the payment shall be based on the regulations
in effect at the time c~f building permit issuance.
18. Prior to the issuance of a building permit for each lot, the Applicant shall make a cash payrnant to the
County.ln lieu of dedicating land for parks/recreation/open space. Calculations of the payment shall be based
on the regulations in effect at the time of building permit issuance.
19. The Applicant shall comply with the following landscaping and wildfire defen~ble space mitigation
standards:
A. For a distance of 10 - ] 5' around all structures, maintain vegetation at a height of 6" or less
with mowed grass, Iow growing perennials or hardscape. Woody vegetation shall not be
planted with this perimeter.
20.
B. Conifer trees shall not be planted close to any structures. Branches of these trees shall be no
closer than i0 feet measured from the outmost branches.
C. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
The Applicant shall comply with the folloWing additional wildfire mitigation standards:
A. Roofs shall have a non-combustible roof covering on a Class A assembly. Wood Shake/shingles
roof'coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are
not permitted in 1041 Wildfire Areas unless they comply with the following:
1 ) All roof coverings shall be noncombustible materials as defined in the Uniform Building
Code (UBc) 1997 Section 1504 and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing
the rOof.
3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions
above the roofiine, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5) All rOof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal cfa building permit application.
468087
Page: 4 of a
es/3e/aeea la:3a~
D e.ee
Resolution No. ~ - 2002
Page 5
B. Vents shall be screened with corrosive resistant wire mesh with mesh V~ inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials and fimwooddwood piles) shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
F. Swimming pools shall be accessible by the Fire Departments.
G. Fences shall be kept clear of brash and debris.
H. Wood fences shall not be connected to the structure.
I. Fuel tanks shall be installed underground with an approved container.
Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigationaround any aboveground tank.
Any wood enclosure around the tank shall be constructed with materials approved for g-hour
fire-resistive construction on the exterior side of the walls.
K. Each stmctore shall have a minimum of one 10 pound approved ABC fire extinguisher placed in
a visible and accessible location.
Addresses shall be clearly marked and visible with minimum 2" non-combustible letters and
shall be clearly visible at the primary point of access from the public or common access road and
installed on a non-combustible post.
M. Any outbuildings or additional buildings shall adhere to.the same standards as structures.
N. All new utility lines shall be buried within the driveways.
21. No new development, including grading, excavation, fill placement, beaning entry or ranch gates,
and vegetation removal or disturbance shall occur outside oftbe approved building or development envelopes
unless otherwise specified in this document, such as agricultural cultivation, field maintenance, weed control,
irrigation practices, pond construction and necessary wildfire mitigation. Utility and driveway extension and
maintenance shall occur within the approved building or access envelopes. Well and septic locations may
occur outside oftbe building envelopes in locations approved by the Community Development and
Environmental Health Departments. Landscaping may occur outside of the building and development
envelopes pursuant to a landscaping plan approved by the Community Development Depanmnnt. The
Landscaping Plan shall delineate the location of the proposed 100-cottonwood trees represented during
GMQS scoring. The cottonwoods shall be a height of no less than 6 feet at planting.
22. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
23. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
comers of the building envelope ~nd install construction fencing around the perimeter of the building and
development envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the
residence.
Resolution No.~qg - 2002
Page 6
24. Prior to the submittal of any building permit application for each lot, a Construction Management
Plan in accordance to the Asset Management Plan shall be submitted for review and approval by the County
Engineer. The Construction Management Plan shall indicate that vehicles associated with construction (i.e.
employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking
on County rights-of-way.
25. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District.
· 26. At Detailed Submission, the Applicant shall identify the location of the proposed dry hydrant to be
used for drafting water from the existing pond on the Fathering Parcel.
27. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
28. A draft of Protective Covenants and the Subdivision Improvements Agreement, detailing
improvements, their costs, and methods of financing, shall be submitted at Detailed Submission.
29. At the time of Detailed Submission approval the Applicant and the County Attorney shall have
agreed upon language, initially drafted by the County Attorney, which offers assurance that all lots will
not receive agricultural assessment status in the future.
30. The Applicant shall adhere to all material representations made in the application or in public
meetings, including, but not limited to, representations made during GMQS Competition f6r New
Residential Subdivision. These representation include the following:
A. The Protective Covenants shall include the following:
ii.
iii.
On the new lots, wood-burning devices (traditional or certified) shall be prohibited. Gas
logs on these lots shall be allowed. The fireplace on the Fathering Parcel shall be
converted or removed and replaced with either a certified wood burning stove or one gas
fireplace, at which time the Applicant shall obtain a fireplane/woodstove permit from the
Community Development Department.
If any structures are located downhill of an irrigation ditch, the ditch shall be lined or
culverted as necessary. Basements and septic systems shall be located and designed in a
manner that avoids impact from ditch seepage or flood irrigation.
No development shall be allowed within the areas identified on the Final Plat as "Non-
Development Area" or the area identified as "Riparian Protection Zone."
Notwithstanding the foregoing, agricultural aetlvities may be undertaken in the Non-
Development Area and activities designed to enhance habitat that are approved by the
CDOW and Community Development Deparanent may be undertaken in the Riparian
Protection Zone.
The new lots shall contain passive solar design and excess insulation.
On the new lots, a grey water system shall be used to conserve water. On the new lots,
water conserving fixtures shall be installed in all residences. The grey water system shall
be reviewed by the Environmental Health Department.
468087 .
P&ge: E of 9
Resolution No.~q~ - 2002
Page 7
vi. Any contract for the construction of the new residences on Lots 1 & 2 shall have a
construction management plan that will encourage: car-pooling of workers, on-site tool
storage and recycling and reused materials. The amount of fill removed from the sites
shall be accomplished through limited excavation, ragrading, and use of the fill on-site.
Noise and dust shall be controlled during construction.
vii.
viii.
The "Agricultural Preservation Areas" shall be deed-restricted against any activity that
will interfere with agricultural uses or irrigation water rights.
w~7 ~,-I ~ee~ fl or area A
Each lot shall be allo ~,~at.~.q,,,,,,,,,~u~quare ~ t of o . dditional square footage may
be pursued through GMQS competition or the use of TDRs. The total floor area for
residences and any barns or agricultural buildings allowed collectively on both Lots 1 and
2 shall be limited to 22,500 square feet. This floor area shall be allocated between Lots 1
& 2 either on the Final Plat or at the time of sale of the first of Lots 1 or 2 and
memorialized in a recorded document acceptable to the County. In no event shall the
floor area contained in a residence on either Lot I or Lot 2 exceed 11,250 square feet per
residence. Floor area in excess of 11,250 square feet attributable to a residence may be
attributed to an agricultural building or barn structure for the shelter of livestock, and
may be constructed on either Lot 1 or Lot 2, provided that total floor area for a residence
and a barn or agricultural building on either Lot 1 or Lot 2 shall not exceed 15,000 square
feet. For example, if LOt 2 built 11,250 square feet of floor area in a residence, it could
have up to 3,750 square feet of floor area for a barn or agricultural building. In such
case, Lot 1 would have a total of 7,500 square feet of floor area available (11,250 + 3,750
= 15,000 maximum on Lot 2, subtracted from 22,500 square foot maximum for both lots
= 7,500 square fe~t offlanr area available for all uses on Lot 1. Prior to recording of the
Final Plat, the Applicant shall provide a covenant or guarantee to run with the land, for
which the County shall be a beneficiary.
iX.
An easement shall be granted to the Aspen Fire Protection District for access to use the
existing seasonal ponds on the Fathering Parcel for drafting water for fire protection in
the Woody Creek area.
x. The installation of Raptor protection devices shall be completely installed prior to the
Certificate of Occupancy for either new lot.
xi.
A least 4 nesting boxes shall be installed in appropriate locations on the property for owl
habitat. These shall be installed at the direction of the County Wildlife Biologist prior to
the recording of the Final Plat.
xii. The driveways of all lots shall be graveled and treated with dust retardant until such time
as they are paved or chip-sealed to prevent dust contamination.
xiii. Certified I.umber shall be used in construction framing of the new residences on Lots t &
2. Native stone shall be used whenever possible in landscaping and construction.
xiv. On the new lots, automatic sprinklers shall be installed in all dwellings.
XV.
Each building envelope for Lots 1 & 2 establishes a Foundation Setback which is
approximately 20 feet from the top of the slope above the Roaring Fork River. No
building foundation shall be located closer to the top of said slope than the Foundation
Setback.
Resolution No. ~.~ - 2002
Page 8
NOTICE OF PUBLIC
2002. HEARLNG PUBLISlq]~O IN 'IHE ASPEN TIiNIES ON ~ 23aD ]VIARCH,
INTRODUCED AND FIRST READ AT I'H I< REGULAR NIEETING AND PUBLIC ]HEARING ON
24TM OF APRIL, 2002.
APPROVED AND ADOPTED AFTER SECOND READING ON 'I'HE 8TM OF MAY 2002.
ATTEST:
APPROVED AS TO FORM:
Case#142-01
264309300-004
BOARD OF COUNTY COIVfMISSIONERS
coUNTy, COLORADO
Chair
APPROVED AS TO CONTENT:
Community Development Directer
MINUTES
PITKIN COUNTY PLANNING & ZONING COMMISSION
JULY 15, 20O3
approval does not go away. Wolff stated that vesting occurs at detailed submission.
Krabacher commented that it seemed to him that a grandfathered right should be allowed to be kept.
Krabacher stated that affordable housing outside of the urban growth boundary makes sense with
this application because there are existing structures there. He stated that it would be good to clarify
what structures will remakn at detailed submigsion. IG'abacher stated that 5,750 sqt~are feet seemed
appropriate to him for house size.
Motion: Commissioner Rudnick moved to recommend approval of the Morrow Wingo Junction
Ranch Subdivision/PUD Conceptual Submissiom 1041 Hazard Review, Special Review and GMQS
Exemption, subiect to the conditions stated by Staff, with the correction of Condition 10 C, the
addition of Condition 2 D dealing with access, and the addition of agricultural vegetation in
Conditions 12 & 15; seconded by Commissioner Krabacher.
Additional Discussion
There was discussion regarding fencing, and Thomas noted that it would be added to the motion.
Motion Continued: Commissioners Rudnick, Krabacher, Thomas, Howard, and Whipple voted
unanimously in favor of the motion. (Martin and Augello recused)
--r sRiuVbemr isR~id~ne~nndwF~n°adl~PClar:ek Subdivision/PUD (formerly Collins subdivision), Detaileq
Summary of Request
The Applicant is requesting Detailed Subdivision Submission and Final Plat approval to finalize a
three lot subdivision ha Woody Creek. (Krabacher recused himself)
Staff Presentation
Clarke presented a brief summary of the applicati°n as outlined above and in the meeting memo.
He noted that the county attorney has not reviewed the covenants in this subdivision, and there may
be some changes that he requires. He pointed out that the Environmental Health Department is not
recommending that grey water systems be requ/red for this submittal. Clarke stated that dust
retardant should be applied on all of the driveways. He stated that wildfire mitigation standards
should also apply to Lot 3.
Applicant Presentation
Herb Klein, the Applicant's representative, stated that applicant is fine with the wildfire mitigation
standards as long as they can kick in upon redevelopment of Lot 3. Klein stated that the applicant
has environmental concerns with putting mag chloride down on the driveways. He stated that their
intention was to require it only for the new lots. Klein stated that the Applicant would be happy to
restrict the use of the driveway. He stated that the Applicant would like to request five years
vesting, noting that the Applicant is providing significant benefits to the community. Klein stated
that there is a mistake in the covenants, noting that the wildlife restriction does not apply to Lot 3.
Colmnissioner Comments
Rudnick stated that he would defin rely be in favor of five year or longer vesting.
Whipple, Martin, and Howard noted that they would also support five year vesting for this
application.
Howard stated that there are other environmentally friendly products available for dust control as
opposed to using mag chloride. He encouraged that they maintain their requirement for dust control.
Augello stated that he disagrees with the Environmental Health Departments view on grey water but
MINUTES
PITI(IN COUNTY PLANNING & ZONING COMMISSION
JULY 15, 2003
realizes the State does not allow it.
Motion: Commissioner Rudnick moved to recommend approval to the BOCC of the River Ridge
Woody Creek Detailed Subdivision and Final plat subiect to conditions as outlined by staff, and
including a recommendation to allow five year vesting, requiring dog kenneling on Lots I and
only, and dust mitigation for both driveways but not the road in between if it is limited to ag uses.;
seconded by Commissioner Martin. Commissioners Rudnick, Thomas, Augello, Howard, Marti
and Whi'ople voted unanimously in favor of the motion.
OTHER BUSINESS
Motion: Commissioner Martin moved that the P&Z make a recommendation for a code amendment
to require an aerial photograph of sufficient scale to acquaint the P&Z with the property,
VI.
There was no second to the motion.
Staff indicated it would start including that on preapps for subdivisions.
ADJOURN
There being no further business before the P&Z Board, the meeting was adjourned.
6
Lance Clark
Ed Van Walraven, Fire Marshal
CC~
~ June 26, 2003
I~e~ Collins PID ~2643-093-00-004; CASE ~P051-03
This project shall meet all of the codes and requirements of the Aspen Fire Protection District.
This includes but is not limited to Fire Deparb~ent Access ( Unifon~ Fire Code 1997 Edition
Section 902), Turning around of fire apparatus (UFC Section 902.2.2.4), Installation of an
approved fire sprinkler system ( UFC as amended Section 1003.2.9), and Water supply (UFC
Section 903).
The applicant has been working with the Fire Dist~ct to satisfy these requirements.
Please contact me if you have any comments or con(ems.
MEMORANDUM
To:
Lance Clarke, Community Development Department
Date':
Nancy MacKenzie, Pitkin County Environmental Health Department
July 1, 2003
Re:
Collins River Ridge subdivision/PUD Detailed and Final Plat Submission
Parcel ID # 2643-093-00-004
SUMMARIZE APPLICATION:
The Pitkin County Environmental Health Department has reviewed the details of the Collins
application, to create two new single family residential lots and a remaining parcel with Mr.
Collins' residence, under the authority of the Pitkin County Land Use Code and has the
following comments.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-170 and 3-70-100:
No additional concerns.
SEWAGE TREATMENT AND COLLECTION: Sections 2-180 and 3-110-050:
Cond~.~:±on o£ approval: The site is in a location where high ground water is a possible
concern and the engineer must do percolation tests during the time of high runoff in the area
of the proposed leach field. The time of high ground water can vary and may be any time,
normally during April, May, June. High ground water can occur at ~ different time each year
and is determined by weather conditions that are npt predictable.
A concern is in the covenants for River Ridge Subdivision.
Article I, GENERAL RESTRICTIONS, 7 requires a grey water system for the
residences. Grey water systems are not required in Pitkin County, are not
preferred over conventional systems, can serve no useful purpose, and can be
more difficult to site and more costly to install. Environmental Health does. not
recommend that grey water systems be required for this submittal.
WATER RESOURCES IMPACTS: Sections 2-140 and 3-70-050 and 3-70-100:
Condition of approval: No additional concerns
AIR QUALITY: Sections 2-130 and 3-60-020:
This project is expected to generate 20 new trips per day or 2.8 lbs. of PM10 per day.
The Environmental Health Department has working to develop a cash-in-lieu program
that would generate funds that would be pooled and earmarked for PM10 mitigation
purposes. No program has been instituted at this time. The applicant has cooperated
with the Department to determine an alternative, mutually acceptable mitigation
proposal: a $5,000 donation to RFTA to help RFTA continue to provide quality bus
service in the Woody Creek area, being close to treating driveways with dust retardant,
and prohibiting new wood-burning devices and converting or removing fireplaces are
all measures that contribute to air quality.
2
JUL. 3.~00@ 8:4?AM
3PEN HOUSING OFC NO. liB7 P. 1
Lance CI lc, Community Devdo~,~.,em
Cindy CI~ istansen, Operations Mans~r, Honsin~
July2, 2( )3
~ RIDOE $/D PUD DBTAn,RD AND IflNAL PLAT
.~o. 264~-093-00-004; P0~l-03
~3-2002 approved an application made by lames Co!!i~ to include two
mtial lat~, along with the applicant's exi~ residence. The BOCC
~s prior to the recording of thc Fh~l Plat. The applicsat is requestin~
~ d~v,lopme~t.
in Woody Cre~ and consists of 35.266 acres. The co~tions s~d
~1~ Authority. Those colldilions are as follows:
ll mttip~te honsinS for a total of 2.(~ residents.
dl provide deed-restricted, for sale, buy-down houstn~ for the equivalant
~s proposed.
Count~ Honsin~ Authority shall approve the l,,oposed buy-down u~it.
At Detailed
remaining mitis
housi~, or by
At Detailed Su
proposed for th
The applicant
Honsins Autho~
-~--:..; ~ Applicant shall indicate how they propos~ to fulfill thc
dion r~t of 1.42, reatdenta, either in the form of deed restricted
~ requested option to make a paymant of caah. in-lieu.
mission, the Applicant ~!! indicate thc housins t!~pc ,~ Category
:teed-restricted units.
deed restrict the u~im i~ perpetuity to the Aapen/Pi$~ County
The deed restric ion on the affordable ho,,,i%~ units shall bc in pcrpc~ty ~o thc pric~
~,=,~ as deltn~by ~he Aspan/Pilidn County Affordable Honsin~ Ouidelines in cffcct a~
the time of F/na~PlaL
!
JUL, 3. ~003 8: 4?AM
SPEM HOUSIb~ OFC
N0.187 P.2
· The Housir~ O; ..- ~:'_ _T_.-_~y all tenants under the Affordeble Hotmin{ Ouidclinem.
The applicant requ~ed ~ they have the optiou of miti{aO.ug eitber wi~i,~ the Aspan Area
Urban Growth Bound~ ~ (UOB) of ^u~ide of the UGB in tB~ Pm'al Ar~.. B is
understsndi~ that they .d not receive shy additional points sinoc they uu8ht be sati~in8
initiation outside the U B.
The ~,,~licant has acqu :ed a ~ee-bedroom condominium as s buy-dorm unit. The unit
be~n k~peeted and a~ ,~oved bY the Aspen/Yi~lH~ County Ho~-!-~" Au{hoflt~. The thre~-
bedroom unit would m~ 2gate for ~ l~B's, therefore, full mitisation would be satisfied by
unit. The unit that h~ b ~eu purchased is located down valley at ?202 Elk Laua, Basalt, This is a
~-bedroom, three-ha ~, 1,420 squ~rm foot unit. The squmre fo.ou~e exceeds the
requirement of ~,200 sq~ ~e feet for a Category ~ and Category 4 unit
Due to the nature of th approval in tha~ the mi~i~tion did nm have to be satisfied ~ the
UOB, tho unit w~ fora i to be ~uhable to satisfy the applicant's requirenumt, Accordin{ to tim
PiPkin County Clerk ~ ~d l~cord~s recorck, th~ unit was pu~clu~ed for $~85,000. The
maximum salem p~ce fo a Category 4, ltucee.bedroom, is $27~,200.
The Housin8 Board me~ ,n u~s ~asue on ~uly 2, 2005. Due to tho natu~ of the approval in f.hat
~ the ,,~i~licant did not ~ ~lUe~ any bonus poinis for n~ilil~,~{-~ wi~hm the UOB, staff of the
Housin{ Bosrd reco,-,~ rods avprowl of tha unit located at ?202 Blk Eun f~r satisi~u8 the
,~ation ~lulrcmant stipulated in BOCC Resolution No. 09~-2002, with the followins
couditious:
1, Thc unit shall b~
2. The unlfs u~xi
meal rem~eted pHor m ~ Plat approval.
,,- salem price shall be set no ~ thau the mmximum,
Category 4 ~ stated in the Oui~lincs in effect at the time of 1~-,] Plat alrproval;
hoWeVer, the applicant states he is flexible and williu~ to work with ~ Housi~80iticc
on po~ibl¥ emtal{lishinl~ & prlo~ lower ~ thc maximum,
Prior to buiklin{ permit approval, the unit shall be lis.ed with the Housing Office to be
sold iinuu~h the .ottery process to a qualified Catssory ~ household.
HERBERT S. KLEIN
hsklein@rof, net
LANCE R. COTI~ '
cote(~roLnet
MADHU B. KRISHNAMURTI
madhu~rof, net
* also admitted in California
LAW OFFICES OF
HERBERT S. KLEIN & ASSOCIATES, P.C.
201 NORTH MILL STREET
SUITE 203
ASPEN. COLORADO 81611
Telephone (970) 925-6700
Facsimile (970) 925-3977
April 8, 2003
Via Hand Delivery_
Ed Van Walraven
Fire Marshal
Aspen Fire Protection District
420 E. Hopkins St.
Aspen, CO 81611
Re: Jim Collins - Subdivision Application - Gift of Funds to District
Dear Ed:
Jim Collins asked me to send this letter to you in order to onfirm the D~stnct s acceptance of funds
and an easement that Jim has agreed to provide in connection with a subdivision application for his property
located in Woody Creek. We need to provide this confirmation to the County so they know the District is
willing to accept Jim's funds and the easement for emergency access to an existing pond located on his
property.
If the following information is correct, please countersign this letter where indicated for your
signature below and return it to my office as soon as possible~ If the information is not correct, please call
me as soon as possible to discuss any discrepancies.
Jim has offered to give $2,000 to the District which will be deposited into the general fund and used
at the discretion of the District for District purposes. Jim has also offered to grant an easement for
emergency access to an existing pond on his property in the event the District needs to use the pond as a
source of water to fight fires in the Woody Creek area. The District will have no maintenance or other
responsibilities or obligations with respect to the use of the easement. You have indicated that, for technical
reasons, the District prefers that there not be a dry hydrant installed at the pond and that the District has
adequate and preferred pumping equipment that it will use in the event that it needs to draft water from the
pond. Jim will pay the $2,000 on or before recording the final plat for his subdivision which is expected to
occur before the end of this year. The easement will be dedicated on the subdivision plat and will be
effective at the time the plat is recorded.
Ed Van Walraven
April 8, 2003
Page 2
Please feel free to call me if you have any questions or comments concerning this matter. Otherwise,
please sign this letter below and return it to me.
Very truly yours,
HERBERT S. KLEIN & ASSOCIATES, P.C.
By:
Herbert S. Klein
THE UNDERSIGNED AGREES TO THE MATTERS CONTAINED ABOVE IN THIS LETTER.
Aspen Fire Protection District
Ed Van Walraven, Fire Marshal