HomeMy WebLinkAboutbocc.res.143.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE MORROW/WlNGO JUNCTION RANCH SUBDIVISION/PUD
DETAILED SUBMISSION AND FINAL PLAT
Resolution No/~2005
RECITALS
Robert T. Morrow ("Applicant") has applied to the Board of County Commissioners ("BOCC") to
subdivide the property into 5 lots, 2 common parcels, and 1 tract: 5 free market single family residential
lots; one common parcel to contain employee housing, agricultural buildings and common uses, aod
another common parcel for recreational use; and a tract to be dedicated to Pitkin County Open space for a
limited use trailhead.
2. The property is located southeast of Holland Hills and north of the Wingo Junction Subdivision, and is
more specifically described in Exhibit A.
3. Tile property is zoned AFR-10 and contains 65.793 acres.
The BOCC approved the Barta Family Subdivision in 1982 pursuant to Resolution No. 82-127; the
Agricultural Lot Split provision of the Code was utilized to create 3 parcels. The Planning and Zoning
Commission approved a subdivision exemption to merge Parcels I and 2 in 1990, however, since the
subdivision exemption plat was never recorded, the original 1982 plat remains in full force and effect and
the parcels remain unmerged. Only Parcels 1 and 2 of the Barta Family Subdivision are included in the
current application.
The BOCC granted Conceptual Submission approval pursuant to Resolution No. 068-2004, which
included subdivision of the property; PUD approval to vary the lot area and setback requirements of the
underlying AFR-10 zone district; special review and GMQS exemption to establish the 5 free market lots
as TDR receiver sites -three for new development and additional floor area and two for additional floor
area; aod growth management and special review approval to convert two existing residences into
employee housing; and 1041 hazard review for the proposed building envelopes.
6. Tile Planning and Zoning Commission considered the application on July 5, 2005, and recommended
approval by a vote of 4-1.
The Board of Connty Commissioners considered this application at duly noticed public hearings on
Angust 24 and September 28, 2005, and finally approved the application at a regular meeting oo October
12, 2005, at which times evidence and testimony were presented with respect to this application.
8. Tile BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin
Couoty Land Use Code.
NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby approve tile
Morro~v/Wiago Junction Ranch Subdivision/PUD Detailed Submission and Final Plat, subject to the
following conditions, and all conditions of Resolution No. 068-2004, except as amended below, which
shall run with the land and be binding on all successors in interest.
Tile Applicant shall comply with all material representations made in the application and in public
meetings and hearings.
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The Final Plat and associated documents shall be recorded within 180 days of the date of this
approval. The Community Development Department may approve one 180-day extension for
showing of reasonable cause; otherwise, failure to record the Final Plat and associated documents
shall require extension by action of the BOCC.
3. Prior to recordatiou of Final Plat, the Applicant shall:
A. Provide a separate Subdivision Improvements Agreement to address commitments regarding
infrastructure improvements, a Development Agreement to address vested rights, and a PUD
Guide to memorialize representations and conditions of approval. These revised documents shall
be submitted for review and approval by the Community Development Department and the County
Attorney for form and compliance with the development approval.
B. Provide certification from the County Treasurer's office that all ad valorem taxes applicable to the
parcel have been paid for all prior years.
C. Vacate and render not habitable or demolish the existing dwelling units on the property that are not
to be improved and deed restricted.
D. Provide a title commitment for the 12.086 acre conservation easement on land north of the Alexis
Arbaney Ditch.
E. Provide a title commitment and boundary and improvement survey for the trail easement on
Common Parcel 2 to connect the existing fishing easement along the river to the Rio Grande Trail.
The Open Space and Trails Department shall approve the location of the trail easement.
F. Obtain approval of the form and language of the Conservation Easement and the Trail Easement
from the Open Space and Trails Department.
G. Submit a copy of the CDOT change in use permit to the Community Development Department.
4. Concurrent with recordation of the Final Plat, the Applicant shall record the 1041 hazard review site
plans. Subdivision Improvements Agreement, Development Agreement, PUD Guide, conservation
easement on the land above the Alexis Arbaney Ditch, and trail easement, and shall convey Tract A to
the County.
Unless an extension is granted by the Community Development Department for showing of reasonable
cause, within 90 days of the date of recordation of the Final Plat or prior to issuance of a building permit
for a residence on any of Lots 1-5, whichever comes first, the Applicant shall:
A. Obtain an inspection of the existing septic system and complete any improvements required to
ensure that the system is adequate to serve the existing dwelling units (97A and 97B), subject to
an approved ISDS permit.
B. Obtain a building permit and complete the required improvements to Buildings 97A and 97B, as
identified in the Chief Building Official's inspection report dated July 28, 2004 (attached as
Exhibit B).
6. The Final Plat shall be amended as follows prior to recordation:
A. Delineate the Agricultural Easement and the Trail Easement to connect the Rio Grande Trail to the
existing fishing easement.
B. Specify that all lot owners have the right to access their lots via the access easements designated on
the plat.
C. Designate the units to be deed restricted as "mitigation housing" on the plat.
D. The 1041 Hazard Review Site Plans shall be amended prior to recordation to delineate the
Agricultural Easement.
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Resolution No. ~[~p 2005
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7. The following provisions in the Subdivision Improvements, Development and Vested Property Rights
Agreement shall be amended as follows within the appropriate document specified above (Subdivision
Improvements Agreement, Development Agreement and PUD Guide) prior to recordation:
A. Article 11, Paragraph 1, Development Limitations on Lots 1-5 and Common Parcels 1 and 2, shall
be revised as follows:
1) Paragraph 1.d shall be revised to include a definition for "below grade" space, which is
consistent with the definition of below grade space set forth in Ordinance NoO~J~ - 2005.
2) Paragraphs 1 .d.i and 1 .d.ii shall be revised to provide the option to compete in growth
management as an alternative to utilizing TDRs.
3) Paragraph l.fshall be revised to specify that buildings will be permitted only within the
building envelopes (and not the accessory envelopes), and that utilities and driveways be
required to be located within the envelopes. In addition, the Applicant should clarify that
disturbed areas outside of the building envelope and within the other envelopes must be
revegetated in order to preserve irrigated areas.
4) Paragraph 1 .h shall be revised to specify that all areas outside of the building envelopes that
are disturbed by construction must be revegetated (not just areas disturbed by construction of
drives aud utilities).
5) Add that the uses to be permitted on Common Parcel 2 include: picnic shelter/gazebo,
campfire ring/pit for wood burning and/or gas connection using the line already stubbed to
the site, enclosed recreational equipment storage, landscaping, and similar uses approved by
the Community Development Department.
B. Article 11, Paragraph 2, Tract A, the Conservation Easement and Agricultural Preservation, shall
be revised as follows:
I) Eliminate the existing language in this section, which shall be addressed in the conveyance of
Tract A to the County.
2) Include a reference to the recorded Conservation Easement on the land above the Arbaney
Ditch and the trail easement to connect the Rio Grande Trail to the fishing easement.
3) Specify the uses that will be permitted within the Agricultural Easement.
C. Article II, Paragraph 3, Utilities, shall be revised as follows:
1) Paragraph 3.a shall specify that the water storage facilities for fire fighting shall be approved
by the BRFPD.
D. Article 11, Paragraph 4, Common Access Road and Driveways, shall be revised as follows:
1) Paragraph 4.a shall specify that the 20' main access road shall have an all weather surface
capable of handling the imposed loads of 75,000 pound fire apparatus.
2) Paragraph 4.c shall specify that each individual driveway shall have a minimum 16' width, an
all weather surface capable of handling fire apparatus, and approved turnarounds when the
dead end access is greater than 150'.
E. Article 11, Paragraph 5, Wildfire Hazard Mitigation, shall be revised as follows:
1 ) Paragraph 5.b.i shall be replaced with the following:
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i. 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. All roof coverings shall be noncombustible 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. All roof designs shall facilitate the natural proeess 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. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal ora building permit application.
Article Il, Paragraph 8, Affordable Housing, shall be revised to state that both residences will be
deed restricted as Category 4 single family residences. In addition, the language regarding
improving the two units prior to issuance of a Certificate of Occupancy for a residence on Lots 3,
4 or 5 shall be revised to require the improvements within 90 days of recordation of the Final Plat
(unless an extension is granted pursuant to condition number 5, above). Also, the last sentence of
the first paragraph concerning retaining a credit of 1.285 FTEs shall be deleted and replaced with
a sentence that acknowledges that the Owner does not retain any housing credits.
Article 11, Paragraph 1 I, Drainage and Sedimentation, shall specify that all drainage, erosion
control and situation measures required by tbe State's Storm Water Management Plan sball be in
place prior to commencement of any work.
H. Article Il, Paragraph 15, Fire Protection, shall be amended as follows:
1) Eliminate the language "In the event required by the BRFPD" with regard to the provision of
sprinkler systems; approved sprinkler systems are required for residences larger than 5,000
square feet.
2) Add that the ponds shall be kept full, maintained and serviceable for emergency use at all
times and that annual testing shall be conducted on the dry hydrant system to ensure
operational readiness, to the satisfaction of the BRFPD.
1. Article 11, Paragraph 16, Wildlife Impact Mitigation, sball be amended as follows:
1)
Paragrapb 16.b shall be replaced with the following: "Provide waste storage that complies witb
the County Code. Verification of compliance shall be provided prior to issuance ora Certificate
of Occupancy."
J. Article IV, Vested Property Rights, shall be amended to the satisfaction of the County Attorney.
K. Add that a Construction Management plan shall be submitted to the County Engineer for review and
approval, prior to commencement of construction on each lot. The plan shall include, but not be
limited to, a detailed construction schedule, methods of handling traffic on Highway 82 (if required
by CDOT), maintenance of Hougland Ranch Road, and notice to Pitkin County Open Space and
Trails and RFTA of any work ad,}acent to or within the Rio Grande corridor.
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Add the following: Agricultural Property Tax Classification - Uses. The primary purpose of
ownership and use of all property ill the Wingo Junction Ranch Subdivision is for residential
purposes. All improvements and uses of lands within the Wingo Junction Subdivision are associated
with residential use of the property. Any activities occurring on the property, or uses of the property
that would cause the properties to be classified as agricultural lands pursuant to Title 39, Colorado
Revised Statmes, are prohibited.
M. Add the nses to be allowed on Common Parcel 2 and within the designated "recreational
development envelope."
8. The Master Deed Restriction shall be amended as follows prior to recordation:
A. Both units shall be restricted as Category 4 single-family detached units.
B. Add the following language: "Each owner of a deed-restricted unit will be required to sign a
Memormldum of Acceptance specifying the closing date, the pumhase price and the 10% capital
improvement value."
C. After the initial sale of the deed restricted units, on-site employees shall have a right of first refusal to
purchase the unit on resale. If after 60 days, no employee wishes or qualifies to purchase the unit,
the unit shall be listed with the Housing Authority under the lottery procedure.
D. Utilize the current form for Exhibit C relating to Capital Improvements.
9. Housing staff'shall conduct a site visit of the proposed employee housing units, prior to building permit
application for the first free market residence on Lots 3, 4 or 5.
10. 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
October 12, 2015.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on tile 24th day
of July, 2005.
INTRODUCED AND FIRST READ AT PUBLIC HEARINGS on the 24t~' day of August and the 28th
day of September, 2005.
APPROVED AND ADOPTED AFTER SECOND READING on the 12th day of (~ctober, 2005.
PUBLISHED AFTER ADoPTiON iN THE ASPEN TIMES on the (~1~ dayoft !~y.l,0x~' ,2005.
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Resolution No. ] q~ 2005
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BOARD OF COUNTY COMMISSIONERS
OF P1TKIN COUNTY, COLORADO
Jean~e Jones, Clerk to',the BOCC
APPROVED AS TO FORM:
John Ely,
County A t~f
Patti Kay-Cl~per, Chair
Date lo - I ~5 ~'
APPROVED AS TO CONTENT:
Community Development Director
P077-05; PID#246721200003
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
A parcel of land situated in a portion of Tract 64, Township 8 South, Range 86 West of the 6th P.M., more particularly
described as follows:
· Commencing at Angle Point No. 7 of said Tract 64;
thence S 00"13'46" W along the easterly line of said Tract 64 1170.96 feet to a point on the southerly right of way line of
the Denver & Rio Grande Railroad, the TRUE POINT OF BEGINNING;
thence leaving said right of way S 00°13'46" W along said tract line 165.41 feet to Angle Point No. 6 of said Tract 64;
thence N 88°35'41" W along the southerly line of said Tract 64 223.60 feet to a point on the centerline of the Roaring Fork
River;
thence N 69°20'03" W along said centediee 394.28 feet;
thence continuing along said centerline N 74°46'32" W 177.52 feet;
thence continuing along said centerline N 71°40'35" W 168.15 feet;
thence continuing along said centedine N 77°02'25" W 119.22 feet;
thence leaving said centedine N 18°02'29" W along the easterly line of that property described in the Pitkin County Clerk
and Recorder's Office in Book 233 at Page 191 169.98 feet;
thence N 25'47'49" E along said easterly line 118.64 feet to a point on the southerly right of way of the Denver & Rio
Grande Railroad;
thence S 78"24'30" E along said right of way 51.81 feet;
thence continuing along said right of way along the arc of a curve to the right having a radius of 2814.93 feet and a central
angle of 11°47'00" a distance of 578.91 feet (chord bears S 72°31'00'' E 577,89 feet);
thence continuing along said right of way S 66°37'30" E 264.01 feet;
tbrence continuing along said right of way South 54.47 feet;
thence continuing along said right of way S 66°37'30" E 65.42 feet;
thence continuing along said right of way East 126.02 feet;
thence continuing along said right of way S 66°37'30'' E 11.82 feet to
the TRUE POINT OF BEGINNING.
Said tract of land is also described as Parcel 2 of Barta Family Subdivision recorded October 25, 1982 in Plat Book 14 at
Page 2, as Reception No. 244909 of the Pitkin County records.
EL B:
of land situated in a portion of Trcat 64, Township 8 South, Range 86 West of the 6th P.M., more particularly
as follows:
Commen
thence N
thence leavin
described
thence continuing a
thence continuing a]o
thence continuing
the
thence S 28°3
thence continuing along
thence N 88°35'41'' W ~
Page 524 of the Pitkin Count
thence N 43°06'41" W along the et
thence continuing along said easted)
thence S 62°17'19" W along the north~
Point No. 5 of said Tract 64, the TRUE POINT OF BEGINNING;
11" W along the westerly line of said Tract 64 106.19 feet;
d westerly line N 39°12'11" E (record N 41°05' W) 1226.75 feet to the southwest corner of thai property
13 at Page 524 of the Pitkin County Clerk and Recorder's Office;
the southerly line of said property 174.75 feet;
said southerly line S 60°13'24" E 294.34 feet;
~id southerly liae S 45°48'04" E 193.66 feet;
southerly line S 48°30'54'' E 413.62 feet to the southeast corner of said property, also being
operty described in Book 193 at Page 237 of the Pitkin County Clerk and Recorder's Office;
westerly line of said property 248.40 feet;
, line S 34°44'53'' E 352.17 feet to a point on the southerly line of said Tract 64;
tact line 169.90 feet to the southeast corner of that property described in Book 213 at
Recorder's Office;
, line of said property 161.50 feet;
~ N 27°42'41" W 257.00 feet to the northeast corner of said property;
~ line of said property 100.00 feet to the northwest corner of said property;
35S 27°42'41" E along the westerly line 270.52 feet;
p,,roperty
ontinuing along said westerly line S 43 06 41 E 76.63 feet to a point on the southerly line of said Tract 64;
'41" W along said southerly line 1658.88 feet to the TRUE POINT OF BEGINNING.
EXCEPT ti'l~portion of the Fisherman Lode Mining Claim, U.S.M.S. No. 6304.
PARCEL C:
A parcel of land situated in a portion of Tracts 55 and 64, Township 8 South, Range 86 West of the 6th PiM., more
particularly described as follows:
. Commencing at Angle Point No. 1 of said Tract 64;
thence S 00°12'49" W along the easterly line of said Tract 64 248.00 feet to the TRUE POINT OF BEGINNING
thence continuing along said tract line S 00°12'49" W 1090.04 feet to Angle Point No. 8 of said Tract 64;
thence continuing along said tract line S 88°31'16" E 241.66 feet;
thence leaving said tract line S 15°21'54', W 477.89 feet;
thence N 33°11'17"W 72.52 feet;
thence N 21 °25'54" W 302.07 feet
thence N 55°50'24'' W 171.64 feet
thence N 74°28'23'' W 365.05 feet
thence S 14°54'11" W 583.68 feet to a point on the northerly right of way of the Denver & Rio Grande Railroad
thence along said right of way along the arc of a curve to the right having a radius of 1860.00 feet and a central angle of
05°36'30'' a distance of 182.06 feet (chord bears N 63°29'14'' W 181.99 feet);
thence continuing along said right of way N 60°41'00" W 787.91 feet to a point on the northerly right of way of State
Highway No. 82;
thence N 44°12'29'' W along said highway right of way 128.02 feet;
thence leaving said right of way N 39°12'11" E 849.29 feet (record N 41 °05' E 826.5 feet);
thence N 71"43'30" E (record N 72°14' E) 677.23 feet;
thence N 72°27'36'' E (record N 72°14' E) 43.58 feet;
thence N 70°23'41" E (record N 72°14' E) 425.41 feet to the TRUE POINT OF BEGINNING.
PARCEL D:
A parcel of land situated in a portion of Tract 64, Township 8 South, Range 86 West of the 6th P.M., more particularly
described as follows:
Commencing at Angle Point No. 7 of said Tract 64, the TRUE POINT OF BEGINNING;
thence S 00°13'46" W along the easterly line of said Tract 64 1007.83 feet to a point on the northerly right of way of the
Denver & Rio Grande Railroad;
thence leaving said tract line N 66°37'30" W along said right of way 215.24 feet;
thence continuing along said right of way South 54.47 feet;
thence continuing along said right of way N 66°37'30'' W 220.79 feet;
thence continuing along said right of way along the arc of a curve to the left having a radius of 2914.93 feet and a central
angle of 09°01'08" a distance of 458.84 feet (chord bears N 71°08'04" W 458.36 feet);
thence leaving said right of way N 68°10'28" W 30.76 feet;
thence N 51 °15'35" W 332.54 feet;
thence N 33°11'17" W 105.18 feet;
thence N 15°21'54" E 477.89 feet to a point on the easterly line of said Tract 64;
thence S 88°31'16" E 1057.25 feet to the TRUE POINT OF BEGINNING.
e Mining Claim in Section 20, Township 8 South Range 86 West of the 6th P.M. in the Roaring Fork Mining
.S.M.S. No. 6304.
PARCEL F:
Lot 20, Section 21, Township 8 South, Range 86 West of the 6th P.M.
EXCEPTING from the above legal descriptions that certain property conveyed to the Colorado Department of Highways in
Deed recorded June 25, 1998 as Reception No. 418641.
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