HomeMy WebLinkAboutbocc.res.071.2006
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE KIRIANOFF SOUTH PARCEL SUBDIVISIONIPUD
DETAILED SUBMISSION AND FINAL PLAT
Resolution No. i12L-2006
RECITALS
I. Five Winds Investments LLC ("Applicant") has applied to the Board of County Commissioners
("BOCC") to subdivide the property into three free market single family residential lots (one that
encompasses the existing residence), one common open space parcel and one public open space parcel to
be conveyed to the County.
2. The property is located at the west end of North River Road, on the south side of the Denver and Rio
Grande Western Railroad ROW, and is more specifically described in Exhibit A.
3. The property is zoned AFR-I 0 and contains 38.8 acres.
4. . The BOCC granted Conceptual Submission approval pursuant to Resolution No. 193-2002, which
included subdivision of the property; planned unit development; special review and GMQS exemption
forTDR receiver sites and on-site employee housing; and 1041 hazard review for the proposed building
envelopes. The BOCC also granted an extension of the deadline for submission of the Detailed
Submission application, pursuant to Resolution No. 126-2003.
5. The Planning and Zoning Commission considered the application on January 4,2005, and recommended
approval by a vote of 4-0.
6. The Board of County Commissioners considered this application at a duly noticed public hearing on
April 13,2005, and at regular meetings on March 8, May 10 and June 14,2006, at which times evidence
and testimony were presented with respect to this application.
7. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin
County Land Use Code.
8. The BOCC further finds that the open space parcel to be dedicated to the County possesses riparian
habitat, or natural, ecological, scenic and recreational values that benefit the public.
NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby accept the
conveyance of an approximately 5 acre open space parcel at the north end of the property between the
Roaring Fork River and the Rio Grande Trail (RFTA right-of-way), as shown on the Final Plat, and
hereby designates the aforementioned parcel as Pitkin County Open Space and Trails Properties upon
conveyance.
BE IT FURTHER RESOLVED by the BOCC that it does hereby approve the KirianoffSouth
SubdivisionlPUD Detailed Submission and Final Plat, subject to the following conditions, and all conditions
of Resolution No. 193-2002, except as amended below, which shall run with the land and be binding on all
successors in interest.
I. The Applicant shall comply with all material representations made in the application and in public
meetings and hearings.
111111111111111111111111111 ~:~~~~~;! ~0151
JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 0 0.00
Resolution No.~-2006
Puge 2
2. Prior to recordation of Final Plat, the Applicant shall:
A. Submit the amended Subdivision Improvements Agreement, PUD Guide, Protective Covenants and
deed or other document to convey the open space parcel to the County as Pitkin County Open
Space and Trails program property for review and approval by the Community Development
Department, County Attorney and Open Space and Trails for form and compliance with the
development approval and the agreement with the Open Space and Trails Board.
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. Provide a title commitment, environmental assessment, and boundary and improvement survey for
the open space parcel for review by the County Attorney, unless the County Attorney determines
there is no need for these reports. The Applicant shall bear the cost of the title commitment, while
Open Space and Trails shall bear the cost of the environmental assessment and the boundary and
improvement survey, if required. Any failure ofthe Open Space Board to pay for required reports
and the survey shall not affect the approvals granted hereby.
3. Concurrent with recordation of the Final Plat, the Applicant shall record the Subdivision
Improvements Agreement, PUD Guide, Protective Covenants, and deed or other document to convey the
open space parcel to the County as Pitkin County Open Space and Trails program property.
4. The Final Plat shall be amended as follows prior to recordation:
A. Delineate on the plat the "In-River Fishing and Boating Easement" and the "River Access Easement"
as granted pursuant to the Easement Agreement recorded in Book 757 at Page 953 (reception
#372983). Also reference the easement with regard to those portions of the Basalt/Old Snowmass
Trail that encroach on the Applicant's property.
B. The area within the access easement acroSs Lot I (which benefits Lots 2 and 3) shall also be shown
on the plat.
e. Delineate the open space parcel on the north end of the property between the Roaring Fork River and
the Rio Grande Trail that is to be conveyed to the County.
5. The Subdivision Improvements Agreement shall be amended as follows prior to recordation:
A. Require the Applicant to submit a revegetation plan for the riparian area within the 30-foot buffer
from the top of the riverbanks for review and approval by the County, prior to the sale of any lots
or the issuance of any building permits for new development. The plan shall include bank
stabilization measures and prohibition on grazing of livestock or horses within the 30 foot
setback. Only plant species that are identified by the Pitkin County Revegetation Guide as being
appropriate for wetland or riparian areas. or native species found to occur on site but not listed in
the Pitkin County Revegetation Guide, may be introduced into or used for revegetation any
wetland or riparian area. The planting or introduction of any other plant species should be
prohibited.
B. Specify that relocation of the trail and/or road in order to separate the trail from vehicular traffic
shall be completed prior to issuance of any building or other permits for development within the
subdivision, not including a replacement residence on Lot I.
e. Require installation of the 15,000 gallon water storage tank and hydrant system prior to final
inspection for any new residence within the subdivision. The system shall be inspected by the
Basalt and Rural Fire Protection District.
6. The PUD Guide shall be amended as follows prior to recordation:
\ 11111111\\111\\\\ 11I1 \\11111\1\111111\ 11111 \11111 :~;~~;~ ~0: 151
JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
Resolution No.t2L -2006
Page 3
A. SpecifY that the owner of each of Lots 2 and 3 is required to surrender one executed Irrevocable
Certificate ofTDRs at building permit application to allow up to 5,750 square feet of floor area on
each lot. A second TDR may be used on Lot 3 to allow an additional 2,500 square feet of floor area,
which may only be used to construct a barn.
B. Section II.B, Open Space Parcel. Amend to refer to both open space parcels (one private, one
public) and specify what uses and activities may occur on each.
e. Section IV.C, Maximum Floor Area. SpecifY that the maximum floor area on Lot 3 is 8,250
square feet of which at least 2,500 square feet may only be used for a barn.
D. Section IV.D, Maximum Height. Specify that the maximum heights specified shall be calculated
based on the Land Use Code definition in effect at the time of building permit application.
E. Section VI, Fire Mitigation. The specific wildfire measures shall be amended to be consistent
with the conditions specified in Resolution No. 193-2002. The language regarding roofs may be
amended to reflect the current regulations, which permit a Class A roof covering or a Class A
assembly. In addition, all new buildings shall be required to be sprinklered with an automatic
sprinkler system approved by the Basalt and Rural Fire Protection District.
F. Section VIll.B, Rubbish and Trash, shall be amended to require waste storage that complies with
the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior
to issuance of a certificate of occupancy.
G. Section VIlI, General Restrictions, shall be amended to add the following requirements:
I) Only plant species listed in the Pitkin County Revegetation Guide (or species native to the site)
shall be utilized to revegetate areas outsid" ofthe building envelopes that are disturbed by
construction of access drives and installation of utilities, subject to a revegetation plan approved
by the County prior to issuance of a Certificate of Occupancy. On Lots 2 and 3, only natiw
riparian plants shall be used to revegetate disturbed areas. Agricultural areas may be revegetated
with non-native agricultural crops.
2) 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.
7. The Protective Covenants shall be amended as follows prior to recordation:
A. Article Il, Paragraph 2 shall be amended to refer to both Open Space Parcels - the private open
space owned by the Association and the public open space owned by the County.
B. Article V, Paragraph 4 shall specify that all signs must comply with the County's Land Use Code.
e. Article V, Paragraph 6 shall be amended to require waste storage that complies with the County's
Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of
a certificate of occupancy.
D. Article VI, Paragraph 4 shall be amended to include the following:
I) "Native vegetation shall be maintained outside of the building and development envelopes,
except for agricultural crops. No riparian or wetland vegetation shall be damaged or
removed."
2) Avoid fruit-bearing trees and shrubs in any landscaping.
10. Article VI, Paragraph 10 shall specify that weed control shall comply with the County's Noxious
Weed Management Plan.
F. Article VIl, Paragraph I shall allow the erection of recreational use facilities, such as a boat ramp,
rcstrooms and picnic tables on the portion ofthe open space on the south end of the property that
is encumbered by the river access easement (south side of the river).
8. Prior to issuance of a building permit for a replacement residence on Lot I, the Applicant shall:
Resolution No.t2L-2006
Page 4
A. Pay the applicable road and employee impact fees.
B. Obtain an ISDS permit from the Environmental Health Department to expand or replace the existing
ISDS system, if required. The system must be designed by a registered professional engineer, shall
be located within the building envelopes, and must comply with the setback requirements from
surface and groundwater sources. The engineer shall perform percolation tests during high runoff in
the area of the proposed leach field to confirm the height of the water table.
C. Obtain an access pennit for the driveway (if improvements to the driveway are proposed), which
shall be approved by the County Engineer.
D. Obtain a tireplace/woodstove permit from the Community Development Department, if required.
E. Submit a drainage and erosion control plan for review and approval by the County Engineer.
9. At building permit application for each of Lots 2 and 3, the Applicant shall submit one executed
Irrevocable Certificate ofTDRs to allow up to 5,750 square feet of floor area on each lot, and a copy of
the deed evidencing conveyance of the Certificate to the Applicant (if applicable). A second TDR may
be used on Lot 3 to allow an additional 2,500 square feet oftloor area, which may only be used to
construct a barn.
10. Prior to issuance of building permits for Lots 2 and 3, the Applicant shall:
A. Obtain a fireplacelwoodstove permit from the Community Development Department.
B. Submit a drainage and erosion control plan for review and approval by the County Engineer. The
plan shall include temporary erosion control measures during construction to prevent soil and
sediment from impacting the river and riparian area.
e. Obtain an access permit for the new driveway, which shall be approved by the County Engineer.
D, Make a cash payment in lieu of dedicating land to the Roaring Fork School District. Calculation of
the payment shall be based on the regulations in effect at the time of building permit issuance.
E. Obtain lSDS permits from the Environmental Health Department. The systems must be designed by
a registered professional engineer, shall be located within the building envelopes, and must comply
with the setback requirements from surface and groundwater sources. The engineer shall perform
percolation tests during high runoff in the area of the proposed leach tield to confirm the height of
the water table.
F. Pay the applicable road and employee housing impact fees.
G. If the residence exceeds 5,000 square feet, submit a Traffic and Parking Management Plan in
accordance with the Assct Managcment Plan for review and approval by the County Engineer.
II. No development, including grading, excavation, till placement, landscaping, vegetation removal or
disturbance, septic system and well, shall occur outside ofthe approved building, accessory building,
wastewater and access envelopes. Utility and driveway extension shall occur within designated
envelopes. Agricultural activities and revegetation of the riparian areas (subject to a plan approved
by the County) may occur outside of the approved envelopes.
12. 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, S 4-140 and C.R.S., S 24-68-105. The statutory vested rights granted herein shall expire on
June 14,2016.
\ 1111111111111111 \1\1111111111 II 11111 ::~;~~~ ~0: 15'
JRNICE K VOS CFlUDILL PITKIN COUNTY CO R 0.00 D 0.00
Resolution Nol2i -2006
Page 5
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13th day
of March, 2005.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 13th day of April, 2005.
APPROVED AND ADOPTED AFTER SECOND READING on the 14\h day of Jun~, 2006.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on lheJ1""day Of~' 2006.
BOARD OF COUNTY COMMISSIONERS
:: 'rr;;;t;;:;;:?
Mick Ireland, Chair
Date ghk6
I -
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
~~
John Ely,
County
~1v "'l,,--L(%f{f ~ ~~
'n y Houben,
Community Development Director
P181-04; PID#24672 1400008
\ II II 1111\\\ 1111111\\111\11 11111\ 1\\ 11\ ::~;~~;~ ~0: 15~
J~NICE: K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
I
III
.-
--
..
I
I
I
I
.
.
I
I
I
I
I
I
I
I
I
/::;: , 7/ - ,'" efC
.', '!\fJ;)(' ~ r
..:r,
,
in
-
..
s
r--
s
,.,... If-tQSl
..... 0 lSl .
CD ss
.... UlOl
"" ....0
r- ..",
.-
NOl....
,.... . <Xl
..., 0. S
S
..
..
'"
o
"
>-
....
z
=>
o
"
z
;;;
....
"-
-'
.!
o
=>
"
"
'"
o
>
"
"'
"
z
"
~
,
".':;,;ENT
Our Order No. Q382781-3
lEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN GOVERNMENT TRACTS 65,66,67, AND 68 OF SECTIONS
21. 22, 27, AND 28, TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PR!NaP AL
MERIDIAN IN THE COUNTY OF PITKIN, COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT I, OF THE IRVING NAYLOR LOT
SPUT RECORDED UNDER RECEPTION NO. 243626 FROM Wlllca ANGLE POINT NO, 2 OF SAID
TRACT 68 BEARS NORTH 15 DEGREES 39'10" WEST A DISTANCE OF 1484.75 FEET;
THENCE SOUTH 00 DEGREES 00'00" EAST ALONG THE WESTERLY LINE OF SAID LOT 1 A
DISTANCE OF 288,32 FEET;
THENCE NORTH 6Q DEGREEs 08'32" WEST A DISTANCE OF 112.16 FEET ALONG THE JOHNS
LOT LINE ADJUSTMENT RECORDED UNDER RECEPTION NO, 379434;
THENCE SOUTH 00 DEGREES 00'00' WEST ALONG SAID LOT UNE ADJUSTMENT A DISTANCE OF
406.97 FEET TO A POINT ON THE NORTHERLY LINE OF COLORADO STATE IDGHWAY 82 RlGHT
OF WAY;
THENCE NORTH 46 DEGREES 54 '20" WEST ALONG SAID IDGHW A Y RlGHT OF WAY A DISTANCE
OF 918.52 FEET; .
THENCE CONTINUING ALONG SAID NORTHERLY IDGHWAY RIGHT OF WAY 681.73 FEET ALONG
THE ARC OF CURVE TO THE RlGHT. HAVING A RADIUS OF 1860,00 FEET. A CENTRAL ANGLE
OF 21 DEGREES 00'00" AND SUllTENDING A CHORD BEARING NORTH 36 DEGREES 24'20"
WEST A DISTANCE OF 677.92 FEET;
THENCE NORTH 25 DEGREES 54'19" WEST A DISTANCE OF 513.50 FEET;
THENCE 407.14 FEET ALONG THE ARC OF CURVE TO THE LEFT. HAVING A RADIUS OF
2342.00 FEET, A CENTRAL ANGLE OF 9 DEGREES 57'38" AND SUBTENDING A CHORD
BEARING NORTH 30 DEGREES 53'08" WEST A DISTANCE OF 406,63 FEET;
THENCE LEAVING SAID IDGHWA Y RlGHT OF WAY NOR11l55 DEGREES 25'00" EAST A DISTANCE
OF 82,16 FEET TO A POINT IN THE ROARING FORK RIVER;
THENCE CONTINUING ALONG THE ROARING FORK RlVER NORTH 24 DEGREES 58 '00" WEST A
DISTANCE OF 593,37 FEET;
THENCE NORTH 42 DEGREES 25'00" WEST A DISTANCE OF 281.72 FEET;
THENCE NORTH 51 DEGREES 43'00" WEST A DISTANCE OF 387.32 FEET;
THENCE NORTH 66 DEGREES 29'00" WEST A DISTANCE OF 310.81 FEET;
THENCE NORTH 55 DEGREES 13 '00" WEST A DISTANCE OF 203.33 FEET;
THENCE NORTH 49 DEGREES 15'56" WEST A DISTANCE OF 335.12 FEET TO A POINT ON THE
.. "1JNEBETWEEN'A.."GLEPOINT'NO. ZANDANGLE POINT NO. I OF SAID TRACY ~5; ,...
THENCE ALONG SAID LINE SOUTH 89 DEGREES 23'20" EAST A DISTANCE OF 161.95 FEET TO
THE SOUTHERLY LINE OF THE OLD DENVER AND RIO GRANDE WESTERN RAll.ROAD RlGHT OF
WAY;
THENCE ALONG SAID RlGHT OF WAY THE FOllOWING THIRTEEN (13) COURSES:
SOUTH 63 DEGREES 18'03" EAST A DISTANCE OF 238.42 FEET;
THENCE 532.18 FEET ALONG THE ARC OF A CURVE TO THE RlGHT, HAVING A RADIUS OF
2900,00 FEET, A CENTRAL ANGLE OF 10 DEGREE!S 30'52" AND SUBTENDING A CHORD
BEARING SOUTH 58 DEGREES 02'38" EAST A DISTANCE OF 531.43 FEET;
THENCE SOUTH 52 DEGREES 47' 12" EAST A DISTANCE OF 375.77 FEET TO A POINT ON THE
llNE BETWEEN ANGLE POINT NO. 2 AND ANGLE POINT NO. 3 OF SAID TRACT 66;
THENCE SOUTH 00 DEGREES 00'00" WEST ALONG SAID UNE A DISTANCE OF 62.78
FEET;
THENCE LEAVING SAID UNE SOUTH 52 DEGREE!S 47' 12" EAST A DISTANCE OF 321,95
FEET;
THENCE 754 ,37'FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HA VlNG A RADIUS OF
',.
a
10/3./2802 e3:34P
R e..1 De,..
1-
~
~
,
~
~
3
.
I
.
I
,
~
t
0..;."
()J;.JO'. (,71 - ,'J-t( f:
~.~
,...:,~T
Our Order No. Q382781-3
LEGAL DESCRIPTION
:mo.oo FEET, A CENTRAL ANGLE OF 15 DEGREES 43'02. AND SUBTENDING A CHORD
BEARING SOUTH 44 DEGREES 55'41. EAST A DISTANCE OF 752.01 FEET TO A POINT ON
THE LINE BETWEEN ANGLE POINT NO, 3 AND ANGLE POINT NO, 4 OF SAID TRAcr
66;
THENCE SOUTH 9{) DEGREES 00'00. EAST ALONG SAID LINE 62.35 FEET;
THENCE LEA VJNG SAID LINE 49.42 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,
HA VlNG A RADIUS OF 2800.00 FEET, A CENTRAL ANGLE OF 01 DEGREES 00'40. AND
SUBTENDING A CHORD BEARING SOUTH 35 DEGREES 47'41. EAST A DISTANCE OF 49.42
FEET;
THENCE SOUTH 35 DEGREES 17'21. EAST A DlSTANCEOF 865.51 FEET TO A POINT ON THE
LINE BETWEEN ANGLE POINT NO. 2 AND ANGLE POINT NO.3 OF SAID TRAcr 67;
THENCE SOUTH 00 DEGREES 00'00. EAST ALONG SAID LINE A DISTANCE OF 86.55
FEET;
THENCE LEAVING SAID LINE SOUTH 35 DEGREES 17'21' EAST A DISTANCE OF 142.05 FEET
TO A POINT ON THE LINE BETWEEN ANGLE POINT NO, 9 AND ANGLE POINT NO. 1 OF SAiD
TRAcr 67;
THENCE NORTH 00 DEGREES 00'00' EAST ALONG SAID LINE A DISTANCE OF 86.55
FEET;
THENCE LEA VJNG SAID LINE SOUTH 35 DEGREES 17'21. EAST A DISTANCE OF 692:94 FEET
TO THE POINT OF BEGlNNINO.
COUNTY OF PITKIN, STATE OF COLORADO.
,
11"111 "III "1111 '''' III" III'U 11"1 III "III 1"1 1"1 ::~;~~~0~0: 15~
JANICE K vas CAU.DILL PITKIN coUNTY co R 0.00
:3-'P
~~,
,
-1