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HomeMy WebLinkAboutbocc.res.104.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE CASTLE CREEK V ALLEY RANCH LOT 15 LLC SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT, 1041 HAZARD REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A REPLACEMENT UNIT AND A DEED RESTRICTED CATEGORY AFFORDABLE HOUSING UNIT OUTSIDE OF THE AH ZONE DISTRICT Resolution No./t1-2006 RECITALS I. Castle Creek Valley Ranch Lot] 5 LLC ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to eliminate PMH Lot 4 and construct the required deed restricted unit within the existing barn on Lot 15. Elimination ofPMH Lot 4 requires rezoning of the lot trom AH to AFR-I 0 and an amendment to the subdivision plat for Castle Creek Valley Ranch. Special review approval is required to construct the affordable housing unit on Lot 15 (outside of the AH zone district). In addition, the Applicant proposes to establish a building envelope, which would encompass the existing residence and barn, with the intent to replace the residence in the same location. 2. The property is located at 302 Midnight Mine Road, and is described as Lot IS and PMH Lot 4, Castle Creek Valley Ranch ("CCVR"). 3. Lot 15 is zoned AFR-I 0 and contains 37.311 acres. PMH Lot 4 is zoned AH and contains 0.731 acres. 4 There is an existing residence (approximately 3,600 square feet), barn (approximately 2,200 square feet) and shed (approximately 150 square feet) on the lot. The County originally issued a Certificate orOccupanc) lor the residence in 1980. 5. Lots 15 and 16 were developed prior to the 1993 approvals for Castle Creek Valley Ranch, but were included on the subdivision plat as lots within the subdivision. The Protective Covenants for CCVR specify that Lots 15 and 16 do not have voting memberships in the Subdivision, are not subject to architectural review or the Protective Covenants, including assessments and enforcement, and do not have any rights in common CCVR property. 6. PMH Lot 4 was created to provide required affordable housing mitigation for CCVR. The Subdivision Improvements Agreement ("SIN') states that PMH Lot 4 may be rented or sold "and the unit constructed thereon shall be for use by a mneh manager or employees of the owner ofPMH Lot 4." The SIA then states that the owner of Lot 15 shall "construct and rent..." the unit on PMH Lot 4 and provide water for the unit through the system on Lot 15. The SIA did not include a time frame for completion of the unit, and the unit has not been constructed. The SIA specifies that the unit is to be subject to the Category 3 guidelines, and shall contain a maximum of 1,500 square feet plus a 500 square toot garage and any accessory storage structures for ranch equipment and materials. 7. The Pitkin County Planning and Zoning Commission considered the application at a regularly scheduled meeting on June 6, 2006, and recommended denial by a vote of 2-1. 8 The BOCC considered the proposed application at duly noticed public hearings on August 9 and September 13,2006, at which time evidence and testimony were presented with respect to this application. ~; /tN-;;LOC0 9. The BOCC finds that PMH Lot 4 was not intended to mitigate for the Castle Creek Valley Ranch Subdivision, but was created at the request of the Lot 15 owner, and, therefore, that the owner of Lot 15 is not obligated to construct the affordable housing unit. 10. The BaCC further finds that the original approvals anticipated a rental unit for a ranch manager or employee ofthe Lot 15 owner, and that the proposed site for the affordable housing unit is better than the site on PMH Lot 4, as it will be built within the existing barn, so the site is already disturbed, while PMH Lot 4 is heavily vegetated, undisturbed, and contains steep slopes. 11. The Bacc further finds that the proposed plat amendment to eliminate PMH Lot 4, 1041 hazard review to establish a building envelope and GMQS exemption to replace the existing single family residence are consistent with the applicable provisions of the Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners that it does hereby approve the Castle Creek Valley Ranch Lot 15 LLC Subdivision Exemption for Major Plat Amendment, 1041 Hazard Review, Speeial Review and GMQS Exemption for a Replacement Unit and a deed restricted category affordable housing unit outside of the AH zone district, subject to the following conditions, whieh shall run with the land and be binding on all successors in interest: I. The Applieant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an amended plat in accordance with Land Use Code Section 5-40, which shall eliminate PMH Lot 4 and shall depict the building envelope. The above referenced approvals shall be a condition precedent to finalization and recordation. The mylar copy ofthe plat must be signed by the owners prior to submittal for recording. 3. Concurrent with recordation of the amended plat, the Applicant shall amend the Subdivision Improvements Agreement for CCVR to eliminate references to PMH Lot 4 and to specify that the owner of Lot J 5 shall constnlct a Category 3, rental, deed restricted employee housing unit (as defined in the Aspen/Pitkin County Employee Housing Guidelines) within the existing barn on Lot 15, concurrent with or prior to construction of the replacement residence on Lot J 5. The employee housing unit shall contain a maximum or 1,500 net livable square feet, as dellned in the Aspen/Pitkin County Affordable Housing Guidelines, plus 500 square feet for a garage. The Certificate of Occupancy for the replacement residence on Lot 15 shall not be issued prior to issuance of a Certificate of Occupancy for the employee housing unit. 4. Prior to submission of any building permits for the employee housing unit, the Applicant shall record a deed restriction for the employee housing unit to the satisfaction of the County Attorney. The deed restriction shall generally provide the following, in addition to the standard provisions: A. The owner shall have the right to lease the unit to a "qualilled resident" of its own selection, as such is defined in the Housing Guidelines. B. The Housing Authority shall qualify all occupants of the unit as to employment and the maximum income and asset limitations for a Category 3 unit. C. The unit shall comply with the minimum occupancy requirement of one person per bedroom. D. The employee housing unit shall contain a maximum of J ,500 net livable square feet, as defined in the Housing Guidelines, plus 500 square feet tor a garage. 11111111111111111111111111 ~~;~~~~1;2 :52P JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 ~ ~ I{><(- -;Jd(,. E. Failure to comply with the deed restriction will result in sanctions by the County. F. Financial security shall be provided to ensure the provision of alternative mitigation and removal of the unit, if the owner is found not to be in compliance with the deed restriction. 5. Prior to issuance of any building permits for the replacement residence, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. abtain a County access/driveway permit to improve the driveway, if applieable. C. Submit a drainage and erosion control plan lor review and approval by the County Engineer. D. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construetion traffic parking. E. Pay the applicable road and employee housing impact fees. F. Obtain approval of a septic permit from the Environmental Health Department. to expand or replace the existing system and/or to construct a new system. The septic systems shall be located entirely within the approved building envelope, and must comply with the setback requirements from surface and ground\vater sources. G. Submit a plan for review and approval by the Aspen Fire Marshal to demonstrate that the project meets all of the codes and requirements of the Fire District, including provision of adequate aecess and turnaround, and installation of an approved fire sprinkler system and adequate water supply ror tire lighting. 6. The rcplacement residence shall be limited to 5,750 square feet of floor area exempt from growth management. The square footage allotted to the employee unit (1,500 square feet plus 500 square foot garage) shall not count towards the 5,750 square feet. 7. Prior to eommeneement of any earthmoving or construction aetivity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter ofthe building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 8. The Applicant shall comply with the following landseaping and wildfire defensible space mitigation standards: A. Within 15 feet of any structures (or furthermost projection of combustible construction), landscaping shall be limited to noncombustible hardscape surfaces, low growing perennials, tlowerbeds, cut grass and deciduous, well-trimmed and irrigated plants. Woody vegetation shall not bc planted within this area. 13. Beyond the 15 toot perimeter and up to 35 feet to the north and 65 feet downslope to the east, south and west, maintain natural and/or irrigated grass at less than 6 inches in height and thin existing trees and brush into individuals or clusters. Limb trees to one halfthe height of the tree or 10 feet, whichever is less. Ladder fuels Irom around trees and brush shall be removed. Clusters of shrubs shall be separated by a distance of2Y, times the height of the mature vegetation. Treat cut ends of shrubs with an herbicide to prevent regrowth. Remove or chip and spread cut materials. C. Remove or chip all standing dead and deadfall on the property within 100 feet of all structures. D. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 9. The Applicant shall comply with the following additional wildfire mitigation standards: 11111111111111111111 II ~~~~::l ~2: 52P JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 ~~ If)<;-?M" A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (lBC) Section 1505.2. Wood shake/shingle roofcovetings are prohibited. Roofs with less than a 3: 12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roor coverings shall have a surface that shall faeilitate the natural process of clearing the roof. 3) All roof designs shall faeilitate the natural process of clearing roof debris. Protrusions above the rootline, 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 I :48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal ofa building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh y" inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and tlammable debris. E. All tlammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within a ] 0 foot perimeter or all structures shall be maintained to a height of not more than 6 inches. G. Swimming pools or ponds shall be accessible to Fire Department vehieles. H. Fences shall be kept clear or brush and debris. \. Wood fences shall not connect to the structure. J. Fuel tanks shall be installed underground with an approved container. K. Propane tanks shall be installed aeeording 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 eonstructed with materials approved for 2 hour f;re- resistive construetion on the exterior side of the walls. L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher plaeed in a visible and accessible location. M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. N. New utility lines shall be buried within the driveway. J(). The Applicant shall comply with the following to mitigate ecological impacts: A. Install and use approved bear-proof trash containers as required by the County's Wildlife Proteetion Ordinance. B. Maintain native vegetation outside of the building envelope. C. Do not utilize fruit, nut or berry producing trees or shrubs in any landscaping. D. Fence any horse hay with 8' mesh game-proof fencing. Any horse grains, pellets, etc" shall be kept in a bear resistant container. II. No development, including, grading, excavation, fill placement, berming, landseaping, vegetation removal or disturbance, entry or ranch gates, well or septic system shall occur outside of the approved building envelope. 12. All areas disturbed by construction shall be revegetated to limit water consumption and additional runot1' within one growing season afier completion of construction. 1111111111111111111111 ~;~~~:;l JANICE K vas CAUDILL PITKIN COUNTY co R 0.00 5 12:52P D 0.00 ~; 10'1- -:JocC; 13. Failure to eomply with these eonditions of approval may result in revoeation of this permit or any subsequent permits related to this property or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subjeet to the exceptions set forth in Pitkin County Land Use Code, S 4-140 and C.R.S., S 24-68-105. fhe statutory vested rights granted herein shall expire on _q~3 _,2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 25'h day of June, 2006. APPROVED this 13'h day of September, 2006. PUBLISHED AFTER AD~ION F{h V;F;tTED REAL PROPERTY RIGHTS in the Aspen TlInes Weekly on the day of /~+~ /',2006. BOARD aF COUNTY COMMISSlaNERS aF PITKIN COUNTY, COLORADO By ~~ Mick Ireland, Chair r <:;r26 -Ob Date Jea tte Jones Clc . to the BOCC J APPROVED AS TO FORM: APPROVED AS Ta CONTENT: ~-- _/ .-=::. - / ~ ~ , Cin~~~ &udf Community Development Director John Ely, County Attorney PUS8-06 PlD#273526I 01 002/2735261 0 1 003 1111111111111111111111 :~~~~;l ~2; 52P JANICE K VQS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00