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HomeMy WebLinkAboutbocc.res.128.2005 Page: 1 of 8 09/26/2005 03:50 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO COMPASS FOR LIFELONG LEARNING FOR THE COMPASS AND ASPEN COMMUNITY SCHOOL PUB (PUBLIC) MASTER PLAN AMENDMENTS; AND SPECIAL REVIEW, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND GMQS EXEMPTION Resolution No./~-2005 RECITALS COMPASS for Lifelong Learning~ hereafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter "BOCC", to amend the 1995 Master Plan to allow an expansion of the educational facilities on the COMPASS property, which includes the following: A. Rebuild the Aspen Community School Building (increase from 7,650 sfto 15,000 sfwith no increase in student capacity); B. Refurbish the gymnasium (add up to 800 sf for restrooms and locker space); C. Enlarge the Early Childhood Center (add up to 1,000 sf for toddler area); D. Allow up to 2,500 sf for future unspecified accessory educational space. The Master Plan would also be amended to exclude the residential parcels (Parcels 1 and 2) described below. The Applicant is also proposing to subdivide the property into 3 parcels, pursuant to the State's 35 acre subdivision exemption. One parcel will accommodate the school and two will accommodate residential development and will be sold to create an endowment for the school (Parcels I and 2). Tile Applicant is requesting the following land use approvals related to this request: A. Rezoning the portion of the property above the Salvation Ditch (151 acres) from PUB to RS-20; B. Special Review and GMQS Exemption to designate the Parcels I and 2 as TDR receiver sites; C. Special Review and GMQS Exemption for caretaker dwelling units on Parcels I and 2; D. 1041 Hazard Review and Conceptual Submission for building envelopes on Parcels I and 2. Tile property is located at 1199 Woody Creek Road, and is more specifically described in Exhibit A. The property is currently zoned Public (PUB) and contains approximately 200 acres. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at regularly scheduled meetings on April 6, 2004 and May 3, 2005, and recommended approval by a vote of 3-0. Tile BOCC considered the proposed application at duly noticed public hearings on July 13 and August 10, 2005, and at regular meetings on August 24 and September 14, 2005. Tile BOCC finds that tile PUB master plan amendments are consistent with Section 3-240-03 of the Pitkin County Land Use Code, standards for PUB master plans, am consistent with the currant educational use, are not intended to increase the capacity of the school or to add additional programs, and would provide for the expansion or redevelopment of existing facilities and the potential addition of facilities related to the Community School or the Early Childhood Center. Resolution No./~-2005 Page 2 The BOCC further finds that tile proposed building envelopes on Parcels I and 2 are located on slopes of less than 30%; that the wildfire hazard is rated as low and can be mitigated; that impacts on adjaceot wildlife habitat can be mitigated. Tile BOCC fimher finds that Parcels 1 and 2 comply with the applicable special review criteria and are appropriate TDR receiver sites for residences of up to 7,500 square feet of floor area and are appropriate sites for caretaker dwelling units. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval to COMPASS, subject to the following cond t OhS, which shall run with the land and be binding on all successors ill interest: A. The Applicant shall adhere to all material representations made in the application or in pnblic meetiogs or hearings and shall consider those representations to be conditions of approval, unless ameoded by other conditions. B. Tile conditioos of this resolution shall replace the conditions of BOCC Resolution No. 95-29. C. Use of the dormitory, other than to house one Compass employee, shall cease immediately. D. The following conditions shall apply to the revised Master Plan for the School Parcel: 1. Within 90 days of the date of approval of this Resolution, the Applicant shall submit the revised Master Plan/Site Plan for the School Parcel and an Improvements Agreement to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owners prior to submittal for recording. The Improvements Agreement shall require the Applicant to escrow or otherwise secure funds from the sale of the first free market parcel to be used to complete the following improvements: a. Replace the sewage disposal system for the Aspen Community School Main Building. b. Upgrade the sewage disposal systems that serve the Administration, Early Childhood Center, Wyly facilities and dormitory, if required. c. hnprove the driveway intersection with Woody Creek Road. The Improvements Agreement sball specify that the improvements shall be completed within ooe year of the sale of the first free market parcel and prior to any expansion or redevelopment of the school facilities. The County Attorney shall approve the form of the hnprovements Agreement and the fioancial security, prior to recordation. 2. Within one year of the sale of the first free market parcel, and prior to any expansion or redevelopment of the school facilities, the Applicant shall: a. Obtain septic permits from the County to replace the sewage disposal system for the Aspen Commuoity School Main Building and to upgrade the sewage disposal systems that serve the Administration, Early Childhood Center, Wyly facilities and dormitory, if required. Each separate system shall not exceed 2,000 gpd and shall comply with setback requirements, and that the combined total of the systems on-site shall not exceed a total capacity of 6,000 gpd. No new wastewater fixtures shall be connected to the existing on-site septic systems. The system for the dormitory shall be sized for the maximum potential use of that structure as provided in the Master Plan. 0.00 515258 Resolution No.i~-2005 Page 3 Page: 3 of 8 09/26/2005 03:50 SILVIA DRVI$ PITKIN COUNTY CO R 0,00 0 0.00 b. Obtain ao access permit to improve the driveway intersection with Woody Creek Road, which improvements shall include increasing the radius of the turn, installing caution lights up and down valley from the intersection, and installing a speed hump up valley of the intersection. c. Contact the CO Department of Public Health and the Environment to determine if the water system is adequate to accommodate the facilities expansion. If the existing system is not adequate, the Applicant shall provide any plans for expansion of the system to EHD prior to any expansion or redevelopment of the school facilities. d. Provide deed restricted housing on-site within an existing facility for four (4) employees. Deed restrictions for the units shall be recorded prior to issuance of a building permit(s) for the units. The Housing Office shall approve the type and size of the units. e. Work with the Environmental Health Department to create a PM10 mitigation plan. E Submit a comprehensive drainage and erosion control plan for the property for review and approval by the County Engineer. g. Submit a comprehensive Fugitive Dust Control Plan for review and approval by the Environmental Health Department. 3. The Applicant shall provide on-site deed restricted housing or pay the applicable employee housing impact fee if any employees are generated in excess of 9 FTEs by on-site programs other than the Aspen Community School. If the Aspen Community School reverts to private school status and is no longer a part of the Aspen School District, then the Applicant shall provide on-site deed restricted housing or pay the applicable employee housing impact fee if any employees are generated in excess of 17.5 FTEs. 4. Compass, Aspen Co~nmunity School or Early Childhood Center employees shall have first priority to occupy the on-site housing units. Employees must meet the Housing Guidelines for occupancy, income and assets. In the event that no Compass, Aspen Community School or Early Childhood Center employees qualify to occupy the units, then the units shall be offered to other qualified persons according to the Guidelines. 5. Future use of the dormitory is restricted for use only by Compass, Aspen Community School or Early Childhood Center employees and progrmns and if the septic system to serve the dormitory is upgraded to comply with County regulations. If the dormitory is converted for use as employee housing, other qualified persons may occupy the units if no on-site employees qualify for the units. 6. A gravel or paved surface shall be maintained in the existing parking area. 7. Dogs shall be prohibited on the school parcel. 8. Resident artists or craftsmen shall got sell their wares on the school grounds, except on a limited basis in association with fund-raising events at the school. E. The following conditions shall apply to residential development on Parcels 1 and 2: I. Prior to submission of any earthmoving, access, or building permit applications for development of the residential parcels (Parcels I and 2), the Applicant shall submit a 1041 Hazard Review Site Plan(s) to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owners prior to submittal for recording. 2. Prior to submission of ISDS permits for each of Parcels I and 2, the Applicant shall provide documentation to the Environmental Health Department of an adequate quality and quantity of water Resolution No.]~P~ -2005 Pa, ge 4 lbr domestic uses from an approved water supply. Wells shall be located within the approved well envelopes. 3. At building permit application for each of Parcels 1 and 2, the lot owner shall surrender Certificates of TDRs and a copy of the deeds evidencing the Applicant's acquisition of the Certificates (if applicable), in order to exempt development on those parcels from growth managmnent up to a maximum of 7,500 square feet of floor area. Alternatively, the Applicant may compete in growth management for up to a maximum of 7,500 square feet of floor area. 4~ Prior to issuance of any building permits for Parcels I and 2, each lot owner shall: a. Obtain an access permit for the driveway to the building envelope, which shall be approved by the County Engineer and the Community Development Department. b. Obtain approval of a septic permit from the Environmental Health Department. The septic system shall be located within the approved building envelope, and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. c. Pay the applicable road and employee housing impact fees. d. Complete a fireplace/woodstove registration form with the Community Developent Department, if necessary. e. Submit a drainage and erosion control plan for review and approval by the County Engineer. fl Submit a Construction Management Plan in accordance with the Asset Management Plan 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. 5. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 6. The Applicant shall comply with the following to mitigate impacts on wildlife: a. Dogs shall be prohibited. b. Provide vegetational screening between the building envelope and the critical habitat to minimize the effects of increased human activity on wintering mule deer and elk. This screening must be implemented according to a landscape plan submitted to and approved by the County. Verification of this condition should be required before issuance ora certificate of occupancy. c. All new fencing outside the building envelope must comply with Sections 3-80.80(A)(10) and 3-80.80(A)(11) of the Pitkin County Land Use Code. Existing fences must be brought into compliance with current fence standards: Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. d. Native vegetation shall be maintained outside the building envelope. e. Install and use approved bear-proof trash containers as required by the 2001 Wildlife Protection Ordinance. fi Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. Page: 4 of 8 09/20/2005 03:5~ SILVIA DAVIS PITKIN COUNTY CO R 0.00 O 0.00 Resolution No./~-2005 Page 5 g. Any areas disturbed outside the building envelope shall be revegetated with native plants according to a revegetation plan submitted by the applicant and approved by the County prior to i ssuauce of a certificate of occupancy. h. Livestock or horse grazing shall be prohibited above the Clavel Ditch. i. Livestock/horse hay shall be fenced with 8' high game proof fencing. 7. The Applicaat shall comply with the following provisions regarding irrigation ditches: a. Grant access to irrigation ditches to ditch owners and their employees. b. Provide documentation at building permit submittal that the residences 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. 8. Prior to submissioo of a building permit for a detached or attached caretaker dwelling unit, the Applicant sball obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Floor plans of the unit shall be provided to the Housing Office when the deed restriction is submitted. The caretaker dwelling unit shall be limited to the maximum net livable square footage as defined in the Code, and the kitchen shall contain a minimum of a two-burner stove with oven, standard sink, and a 6 cubic foot refrigerator plus freezer. F. The following conditions shall apply to the School Parcel and the residential development on Parcels 1 and 2: 1. All signs and lighting shall comply with applicable regulations in the Land Use Code. 2. The Applicant shall comply with the County's Weed Management Plan. 3. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, utility or driveway extension, shall occur outside of the approved building envelopes. 4. All areas disturbed by construction shall be revegetated with native shrubs and grasses to Iimit water consumption and additional runoffwithin one growing season of the project's completion. 5. The exteriors of all new buildings shall be finished in earth tones that blend with the colors of the natural surrouoding environment. Roof materials shall be non-reflective. 6. Tile Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: a. For a distance of 10-15' around ali strUCtures, maintain vegetation at a height of 6" or less with mowed grass, Iow growing perennials or hardscape. Woody vegetation shall not be planted within this perimeter. b. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a. distance of 100 feet on the downhill side and 75 feet uphill and to the sides of all structures. Page: 5 of 8 09/26/2005 03:5~ SILVIA DAVIS PITKIN COUNTY CO It 0.00 I1 0.00 Resolution No. Po,ge 6 c. Spacing between clumps of brush and vegetation within the perimeter specified above shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d. All branches from trees and brush within the perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. e. Tree crowa separation within the perimeter shall have a minimum of 10 feet between the edges of the crowns. fi All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. g. The density of fuels within a 100 foot perimeter of all structures shall be reduced. h. All deadfall within the i00 foot perimeter shall be removed. i. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 7. The Applicant shall comply with the following additional wildfire mitigation standards: a. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I) AIl roof coverings shall be constructed of non-combustible materials 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) Ail roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) AIl roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. b. Vents shall be screened with corrosive resistant wire mesh with mesh ¼ inch maximum. c. Roofs and gutters shalI be kept clear of debris. d. Yards shall be kept clear of ail litter, slash, and flammable debris. e. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimmn of 15 feet away from any structure. fi Swimming pools or ponds shall be accessible to Fire Department vehicles. g. Fences shall be kept clear of brush and debris. h. Wood fences shall not connect to the structure. i. Fuel tanks shall be installed underground with an approved container. j. 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 2 hour fire- resistive construction on the exterior side of the walls. k. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. I. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. m. New utility lines shall be placed underground within the driveway/access. Page: 6 of' gl 09/26/2005 03:50 Resolution No./~-2005 Page 7 G. Failure to comply with these conditions of approval may result ill revocation oftbis permit or any subsequent permits related to this property or vested rights associated with this property. H. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Laud 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 for the School Parcel shall expire oll ~t_/l_{ ,2015. The statutory vested rights granted herein for Parcels 1 and 2 shall expire on ~/c/t ,2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on tile 12"' day of June, 2005. APPROVED AND ADOPTED ou the/~ day o~005. PUBLISHED AFTER ADOPTION FOR VI~STED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the~day of0 o .zc 200s. ATTEST: / ; Jeanette Jones, Clerk tothe BOCC : APPROVED AS TO CONTENT: Community Development Director BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO Patti Kay-Clapper, Chair APPROV~ED~AS TO FO~.M: P011-04 PID #264310301019 Attached to and made a part of Warranty Deed datsdDecember , 1994 from George Stranahan . to Aspen Education---al Research Foundation, Inc.) Lot 1, according to the SUbdivision plat of Aspen Community Schoo~ recorded July 7, 1988 ~1~ Plat Book 20 at page 98 as Recep~ion NO. 301820. Lots 1, 2 and 4, Thompscn-Stranahan Subdivision ~xemption recordsd October 9~ 198S In Plat Book 17 at Page 83 aa Reception No. 272165. That part of the SE 1/4 SW 1/4 of ~e~ti~n 10, Township 9 South, Range 85 West of the Sixth mrlncxpal Her/dian lying westerly of Lot 2, Thompson-stranahan Subdivision Exemption recorded OCtober 8, 198~ in Plat Book 17 at Page 83 as Reception No. 272165. That part of the SE 1/4 of Section 10, Township 9 South, Range 85 West of ~he Sixth Pr~ctpal Meridian easterly of Lot i according to the SUbdivision ExemPtionTM Plat of A~peo Co~unity Schoo! recorded July 7', 1988 in Plat Book 20, at Plat Book 17 at Pa~ o~ amp n recorded O~tober 8 ~9~ ~ - ~ og as Recep~ion No. 27216~. , ..... n The fathering parcel, the eXemption parcel and the acquiring paros! accord/~ to the Stra~ahan-Park Trust Ltd. Subdivision Exemption Plat racordedApril 29, 1989 in Plat BoOk 2O at Page 79 as Reospt~on No. 299630. That paros! of land conveyed to Hunter S. Thompson by deed recorded April 25, 1984 ~n Book 485 at Page 220 as Reception No. 259020. That parcel of land Conveyed to Robert A. Maynard by deed ~ecorded September 26, 1989 in Book 602 at Page 82S as ~ception No. 31~467. County of Pitkin, State of Colorado. 515258 Page: 8 of' 8 09/26/2005 03:50 D 0.00 [