HomeMy WebLinkAboutbocc.res.010.2000 11111111111111111111111111111111 IIUIII III 1111111111111
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,APPROVING THE BOOHER SUBDIVISION/PUD
CONCEPTUAL SUBMISSION,GMQS EXEMPTION,
AND 1041 HAZARD REVIEW
Resolution No. 0/0 -2000
RECITALS
1. Ed and Cherie Booher("Applicant)are requesting approval to rezone and subdivide a 10+
acre parcel to accommodate 4 free market lots, 10 deed restricted affordable housing units on 6
lots, a 1.189 acre open space parcel and a common area parcel which encompasses the existing
barn. The existing zoning allows one single family dwelling;the existing development on the
property(seven dwelling units) is nonconforming since it exceeds the allowed density.
2. The Applicant applied to the Board of County Commissioners of Pitkin County, Colorado
("BOCC")for the following approvals:
A. Amend the AH3/PUD zone district to expand the area that would be eligible to
rezone to AH3/PUD. Specifically,the amendment would allow areas along the
State Highway 82 corridor from the Basalt town limit to the Lazy Glen Mobile
Home Park to be eligible for AH3/PUD rezoning.
B. Rezone the parcel to AH3/PUD from AFR-10
C. Subdivision/PUD Conceptual Submission
D. GMQS Exemption for Affordable Housing Units
E. Special Review and GMQS Exemption for an Employee Dwelling Unit
3. The Applicant's parcel is zoned AFR-10 and contains 10.3 acres.
4. Said parcel is located at 145 High Country Lane(aka Hoaglund Ranch Road); located
north of Mountain West Trees, south and west of the Holland Hills Subdivision, and west of the
Morrow property,and is more specifically described in Exhibit A.
5. The Planning and Zoning Commission reviewed the application at regularly scheduled
meetings on August 4, 1998 and May 4, 1999,and recommended approval with conditions by a
vote of 2-1.
6. The Booher property was excluded from the temporary moratorium on site specific
rezoning applications and privately initiated code amendments for properties located within a half
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mile radius along the Highway 82 corridor(Ordinance No. 98-55), since the application was in
process at the time of adoption of the moratorium.
7. The BOCC reviewed the application on first reading at a duly noticed public hearing on
July 28, 1999. The BOCC was not supportive of the Applicant's proposal to rezone to AH3/PUD,
and directed staff to explore other possible affordable housing code amendments. As a result, staff
drafted the Affordable Housing Preservation("AHP/PUD")zone district.
8. The BOCC continued the first reading of the application to September 8, September 22,
November 3,and December 15, 1999, and approved the application on first reading on January 12,
2000.
9. The BOCC reviewed the application on second reading at a public meeting on January 26,
2000.
10. The BOCC finds that the application is generally consistent with the applicable provisions
of the Pitkin County Land Use Code, based on the following conclusions:
A. The proposal is consistent with the criteria of the Citizen Housing Plan.
B. The urgent need for affordable housing is not being fulfilled in the metro areas,
and,therefore,development outside of the metro area is appropriate.
C. The development will accommodate the preservation of existing housing stock
that has historically been affordable to and occupied by permanent residents for
continued occupancy by qualified residents of Pitkin County.
D. The development will not exceed the density of the adjacent development in the
Holland Hills subdivision, and the density on-site already exceeds the density
allowed by the existing zoning.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the
Booher Subdivision/PUD Conceptual Submission,GMQS Exemption and 1041 Hazard Review,
subject to the following conditions which shall run with the land and be binding on all successors in
interest:
1. Prior to submission of the Final Plat application,the Applicant shall submit a building
permit to the Community Development Department in order to obtain life/safety
inspections of the existing units and shall complete any required improvements.
2. With the Final Plat application,the Applicant shall:
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A. Provide a will serve letter from the Basalt Sanitation District. if the District will not
serve the development,the Applicant shall provide information on the feasibility of
installing a community septic system.
B. Submit a PM10 mitigation plan for review and approval by the Environmental
Health Department.
C. Submit draft Protective Covenants and a Subdivision Improvements Agreement
("SIA"). In the Covenants,the Applicant shall define what uses will be allowed in
the open space and common areas.
D. Specify the affordable housing categories for each of the affordable units. The
development shall comply with the provisions of the AHP/PUD zone district with
regard to the percentage of free market, resident occupied and category affordable
housing. The SIA shall specify a timetable for the improvement/expansion of the
existing affordable housing units and the addition of the new affordable housing
units;the timetable shall ensure that the work on the affordable units shall occur
prior to or concurrent with the construction of the free market residences.
E. Document that there is an adequate quantity and quality of water to serve the
development, including demonstrating the legality of the"common well" on the
property.
F. Provide plans and profiles for the internal roadways, including the new driveway
and any proposed improvements to the existing roadways.
G. Include the following on the Final Plat, in addition to the information required in
Section 5-40 of the Code: ditch easement, building envelopes on all lots,
setbacks, lot sizes, a note stating that no further subdivision shall be allowed,and
a note waiving claims against the ditch owners for water flows that could result
from breaching or overflow of the ditch.
3. Concurrent with recordation of the Final Plat, the Applicant shall submit and the Housing
Office shall record deed restrictions for the 2 resident occupied and the 10 category
affordable housing units.
4. Prior to submission of building permits for new residences on free market lots 1 and 2,
the Applicant shall obtain an access permit from the County Engineer to construct the
new driveway. A fugitive dust control plan shall be included with the access permit.
5. Prior to submission of any building permits,the Applicant shall:
A. Make a cash payment in lieu of dedicating land to the Roaring Fork RE-I School
District for new residences or additional units. Calculation of the payment shall be
based on the regulations in effect at the time of building permit issuance.
B. Make a cash payment to the County in lieu of dedicating land for parks/recreation/
open space for new residences or additional units. Calculation of the payment shall
be based on the regulations in effect at the time of building permit issuance.
C. Hook up to the Basalt Sanitation District, obtain approval for a community septic
system, or obtain approval of Individual Sewage Disposal Systems from the
Environmental Health Department,whichever alternative is approved by the
BOCC during the Final Plat review.
D. Submit a fugitive dust control plan for review and approval by the Environmental
Health Department.
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E. File fireplace/woodstove permits with the Community Development Department.
F. Submit a site specific drainage plan for review and approval by the County
Engineer. Said plan shall address positive grading away from the residence,
diversion of upslope water from the building site,and on-site detention of flows
from roofs and other impervious surfaces.
G. Pay all of the exactions required by the Code at that time for the proposed
development.
6. The development shall be limited to the maximum floor area or square footage
limitations of the AHP/PUD zone district as they exist at the time of building permit
issuance.
7. The maximum height for principal structures and accessory structures shall be 28' and
20', respectively, as calculated pursuant to the definition of"building height" in the Land
Use Code at the time of building permit submittal.
8. No further subdivision of the property shall be allowed.
9. The following wildfire mitigation standards shall apply to the development:
A. Vegetation of less than 6 inches in height shall be maintained within a10 foot
perimeter around all structures. Woody plants shall be avoided.
B. Trees shall be planted a minimum of 15 feet from any structures.
C. Roofs shall have a Class A,non-combustible roof system. Wood shake/shingle
roof coverings and flat roofs(up to a 3:12 pitch)are prohibited in all wildfire
hazard areas.
D. Vents shall be screened with corrosive resistant wire mesh with mesh 'A inch
maximum.
E. Roofs and gutters shall be kept clear of debris.
F. Yards shall be kept clear of all litter, slash,and flammable debris.
G. All flammable materials shall be stored on a parallel contour a minimum of 15 feet
away from any structure.
H. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet
away from the structure.
I. Swimming pools or ponds shall be accessible to Fire Department vehicles.
J. Fences shall be kept clear of brush and debris.
K. Wood fences shall not connect to the structure,
L. Fuel tanks shall be installed underground with an approved container.
M. Propane tanks shall be installed according to NFPA 48 standards and on a contour
away from the structure with standard defensible space vegetation mitigation
around any above-ground tank. Any wood enclosure around the tank shall be
constructed with materials approved for hour fire-resistive construction on the
exterior side of the walls.
N. Each structure shall have a minimum of one 10 pound approved ABC fire
extinguisher placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be
visible and installed on a non-combustible post.
P. New utility lines shall be buried within or along roadways.
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10. No development, including grading,excavation, fill placement,vegetation removal or
disturbance, septic systems and wells, shall occur outside of the approved building
envelopes,except for the following:
A. To improve the existing roads,
B. To extend and maintain utilities and the new driveway,
C. To install landscaping in accordance with the approved Landscaping Plan;
D. To fulfill the wildfire conditions included herein;and
E. To maintain the ditch.
11. Areas disturbed by construction of access drives and installation of utilities shall be
revegetated no later than one growing season after completion of work.
12. The Applicant shall comply with the following provisions regarding irrigation ditches:
A. Grant access to irrigation ditches to ditch owners.
B. Provide documentation at building permit submittal that the proposed residences
directly below the ditch will be protected from water flow that could result from
breaching or overflow of the ditch,whether by grading the site to divert any water
away from the residence,culverting the ditch,or other means.
C. Design land uses to avoid flooding problems from flood irrigation.
D. Place basements and soil absorption sewage disposal systems in locations where
they will not be impacted by flood irrigation or seepage from irrigation ditches.
13. The Applicant shall adhere to all material representations made in the application and in
public hearings and meetings, except as amended by the conditions herein.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 26th
day of June, 1999.
INTRODUCED,FIRST READ,AND PUBLIC HEARING HELD AT A REGULAR
MEETING on the 28th day of July, 1999.
APPROVED ON FIRST READING AT A CONTINUED PUBLIC HEARING on the
12th day of January,2000.
APPROVED AND ADOPTED AFTER SECOND READING on the 26th day of
January,2000.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 5-t�day of
2000.
Resolution No. 2000-01 D I IIII I'lll "III' I"Ililll"IIII IIIII'II DAVIS SILVI
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BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By 4&4�, . cr
Shellie Ro rper,Chair
ATTEST: � 1
Date• • o d
nd � . Dean,Clerk to t1fe Board
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,Co mey dindy Houben, 00
Community Development Director
Case 4P103-97
PID#246720100002
s uzannew\p itkin\cases\sub d iv\booher\reso
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------------------------------------------------($650,000. DOff .
The receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents done
gram, bargain, sell, convey and confirm unto the granites, their heirs and assigns forever, not in tenancy in common but in joint tenancy,
all the real property, together with ImprovemenTs. If any, situate, lying and being in the County of
Pitjdn and Slate of Colorado,described as follows:
A parcel of land situated in Tract No. 55 and Tract No. 64 in Sections 17, 20 arx
21 in 'Township 8 South, Range 86 West of the 6th Principal Meridian, lying
Westerly of the Center line of a 30 foot lane or roadway described as follows:
Beginning at a point an-the Northeasterly right-of-way of State highway No. 82,
said point being on the Westerly line of said lane, whence Angle Point No. 4 of
Tract No. 53 in sa'-=•Section 17 bears North 06"5410 -- Last, 2,678.47 feel;
thence 38°Ol'00" EAE, 373.23 feet along the Weste:.�...' line of said lane;
thence North 45*16100" West 128.40 feet;
thence North 38°38'00" East, 157.19 feet to a point on the Southerly line of a
ditch as constructed and in place;
thence North 51°11'00" West, 183.13 feet along the Southerly line of said ditch;
thence North 38*11100" West, 255.00 feet along the Southerly line of said ditch;
thence North 51-20006" West, 117.72 feet along the Southerly line of said ditch;
thence North 71*48100" West, 79.00 feet along the Southerly line of said ditch;
tjenee North 52045100" West, 125.24 feet along the Southerly line of said ditch
to a point whence Angle Point No. 4 of Tract No. 53 in said Section 17 bears
South 43027119" East, 1,786.58 fleet;
thence North 38-01100" East, 478.24 feet;
thence South 43051122" East, 896.24 feet to a point in the center of said lane;
theme Southwesterly along the center line of said lane to a point on the
Northerly right of way line of said Highway;
thence North 45*21100" West along the Northerly right-of-way of said highway to
the Point of Beginning.
Together with all water and water rights, ditch and ditch rights connected with
or appurtenant to the parcrl of land above described.
Any other provision herein contained to the contrary notwithstanding, no
warranty, express or implied, is given as to the water rights above described.
The water rights are conveyed by quitclaim only.
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