HomeMy WebLinkAboutbocc.res.085.2000 111111111111111111111111111111 IN 1111111111111111111111111 IN
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,GRANTING APPROVAL OF THE ANDERSEN 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMISSION FOR A SINGLE FAMILY RESIDENCE,AND
SPECIAL REVIEW/GMQS EXEMPTION FOR ONE FULLY DEED RESTRICTED
AFFORDABLE HOUSING UNIT
Resolution No.�51�-2000
RECITALS
1. Thomas D and Christine M.Andersen,also known as Thomas D. and Christine M. Andersen
("Applicant")have applied to the Pitkin County Board of County Commissioners(`BOCC")for one nor,
metro area residential GMQS allotment; 1041 Hazard Review,Conceptual Submission and Scenic Overlay
approval to establish a building envelope to construct a single-family residence and accessory structures; and
Special Review approval and GMQS Exemption for one fully deed restricted affordable housing unit.
2. The parcel is located on the south side of Brush Creek Road,and is more specifically described in
Exhibit A.
3. The parcel is zoned AFR 10 and contains 3 8.3 3 acres.
4. The parcel was created pursuant to the State's 35 acre subdivision exemption provision,and,
therefore,does not legally constitute a subdivision within the purview of the County's subdivision review
authority.
5. This application was reviewed by the Planning and Zoning Commission("Commission")at a duly
noticed public hearing on March 14,2000. The Commission gave the project a score of 55 points,which
exceeds the threshold score of 43, and,therefore,recommended that the BOCC grant one non-metro
residential GMQS allotment for the Andersen property.
6. The Commission also recommended that the BOCC approve the 1041 Hazard Review,Conceptual
Submission, Special Review and GMQS Exemption, subject to conditions,and that the Scenic Overlay
Review be processed once building plans have been prepared.
7. The BOCC accepted the score and granted one non-metro residential GMQS allotment to the
Andersen parcel,pursuant to Resolution No. 069-2000.
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8. The BOCC heard this application at a public hearing on May 10,2000,at which time evidence and
testimony were presented with respect to this application.
9. The BOCC finds that the proposed building envelope contains slopes of less than 15%;avoids
mapped wildlife habitat and the riparian area adjacent to Brush Creek;and that the wildfire hazard for the
parcel is rated as low, and can be mitigated.
10. The BOCC further fmds that the application generally complies with the applicable sections of the
Code.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant approval of the
Andersen 1041 Hazard Review and Conceptual Submission for a single family residence,and Special
Review/GMQS Exemption for a fully deed restricted affordable housing unit,subject to the following
conditions,which shall run with the land and be binding on all successors in interest:
1. Prior to submission of any earthmoving,access,ISDS or building permit applications,the Applicant
shall submit a 1041 Hazard Review Site Plan to the Community Development Department for
approval and recording.The site plan shall comply with the standards specified inSection 5-70-040
of the Code. The site plan shall also be submitted in digital format for integration into the County's
GIS system. The owner shall sign the mylar copy of the site plan prior to submittal for recording.
The site plan shall depict the trail easements.
2. Concurrent with recordation of the 1041 site plan,the Applicant shall
A. Record a covenant or other guarantee running with the land, for which Pitkin County
shall be a beneficiary, guaranteeing that the parcel shall not be further subdivided. The
form of the covenant shall be reviewed and approved by the County Attorney prior to
recordation.
B. Record a trail easement,the form of which shall be reviewed and approved by the County
Attorney prior to recordation,granting the following for non-motorized use:
1) A 30'wide trail easement measured from the south side of the Brush Creek right-of-
way for the proposed multi-use trail;the final trail easement may be reduced to a
maximum of 20' once the trail is constructed.
2) A 15' wide trail easement to the south of Brush Creek and north of the Wiese Ditch
for the proposed equestrian trail.
3. Prior to submittal of an ISDS permit for the parcel,the Applicant shall provide documentation of
adequate quality and quantity of water from a well to the Environmaital Health Department. The
well must be located within the building envelope.
4. Prior to submission of any building permit applications,the Applicant shall:
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A. Obtain approval of an ISDS 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.
B. Obtain a fireplace/woodstove permit from the Community Development Department.
C. Obtain an access permit,which shall be approved by the County Engineer.
D. Submit a drainage and erosion control plan for review and approval by the County Engineer.
Said plan shall address positive grading away from the residence,diversion of up-slope
water from the building site,and on-site detention of flows from roofs and other impervious
surfaces.
E. For any free market residential structure of 5,000 gross square feet or greater,the Applicant
shall comply with Section 4.01.01(B)of the Pitkin County Road Management and
Maintenance Plan,which requires the Applicant to provide construction trip and residential
trip generation studies. The Applicant shall comply with this provision as it is in effect at the
time of building permit issuance to the satisfaction of the County Engineer. All
construction vehicles shall be parked legally on the site; parking is prohibited on County
roads or within the County road right-of-way.
F. Submit a weed management plan for review and approval by the Land Management
Department.
G. Submit a traffic mitigation plan to the Environmental Health Department to address the
project's contribution to air quality degradation.
H. Submit an application and gain approval for a Scenic Overlay Review,pursuant to Section
3-60-040 of the Land Use Code,once plans for the proposed residence have been prepared.
Said application shall be reviewed and approved by the Pitkin County Planning and Zoning
Commission.
I. Obtain and the Housing Office shall record a deed restriction for one Category 1,one-
bedroom, fully deed restricted affordable housing unit.The unit shall comply with the
income,price and occupancy guidelines for a Category 1 unit,based on the Aspen/Pitkin
County Affordable Housing Guidelines in effect at the time of budding permit submittal
5. Building permits for the affordable housing unit shall be issued concurrently with building permits
for the free-market residence. One shall not be issued without the other. The Certificate of
Occupancy for the affordable housing unit shall be issued prior to or concurrent with the Certificate
of Occupancy for the free market residence.
6. If the Applicant proposes to construct more than 5 free market bedrooms,the Applicant shall provide
a larger affordable housing unit,or the cash-in-lieu equivalent thereof. The ability of the owner to
increase the number of free-market bedrooms and to provide additional affordable housing and/or a
cash-in-lieu payment shall be subject to APCHA and land use regulations in effect at the time of the
request. In no event shall the Applicant's original commitment to provide employee housing for 33%
of the residents housed in the free market residence be reduced.
7. All structures shall comply with the standards and requirements of the Aspen Fire Protecfon District.
8. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Fencing outside of the building envelope shall comply with the fencing regulations in the
Land Use Code at the time of installation. The Applicant shal bring existing,noncompliant
fencing into compliance with the fencing regulations,prior to issuance of a Certificate of
Occupancy for the residence.
B. Dogs shall be prohibited.
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C. Native vegetation shall be maintained outside of the building envelope,exceptas necessary
for driveway and utility extension.
D. Install and use bear proof trash containers. Verification of installation shall be provided to
the County's Wildlife Biologist prior to issuance of a certificate of occupancy.
E. Landscaping shall not include fruit-bearing trees, due to the high level of black bear
activity in this area.
F. Install landscaping along the southern boundary of the building envelope to screen the
disturbed area from the significant wildlife habitat on the slopes to the south.
G. Horse grazing is prohibited on the south side of the creek and the riparian area.
9. The Applicant shall comply with the following provisions regarding irrigation ditches:
A. Grant access to irrigation ditches to ditch owners.
B. Construct buildings immediately uphill of irrigation ditches unless a ditch is culverted.
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.
10. The Applicant shall comply with the following wildfire mitigation standards:
A. Vegetation of less than 6 inches in height shall be maintained within a 10 foot perimeter
around all structures.Woody plants shall be avoided.
B. For a minimum of 30 feet around all structures,future landscaping(trees)shall be spaced so
that the outer edges of tree crowns will not be closer than 10 feet.
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 1/4 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. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height
of not more than 6 inches.
I. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from
the structure.
J. Swimming pools or ponds shall be accessible to Fire Department vehicles.
K. Fences shall be kept clear of brush and debris.
L. Wood fences shall not connect to the structure.
M. Fuel tanks shall be installed underground with an approved container.
N. 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 arF 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.
O. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
P. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
Q. New utility lines shall be buried within or along roadways.
11. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
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12. No development, including grading,excavation,fill placement, landscaping,vegetation removal or
disturbance,entry gates, septic system and well, shall occur outside of the approved building
envelope,except agricultural uses,equestrian and hiking trails,recreational activities,utility and
driveway extension and maintenance. Landscaping may be allowed outside of the building
envelope,subject to a specific landscaping plan to be reviewed and approved during the scenic
overlay review.
13. Areas disturbed by construction of access drives and installation of utilities shall be revegetated no
later than one growing season after completion of work.
14. The Applicant 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.
15. 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 May 10,2003.
16. The Applicant shall provide a deed restriction or covenant in a form which complies with Section
38-12-301 of the Colorado Statutes for the proposed unit and which runs to the benefit of
Aspen/Pitkin County Housing Authority. The tenant must qualify under the Category 1
guidelines as to income,assets and employment. The deed restriction or covenant shall be
subject to approval by the County Attorney. The construction of the employee dwelling unit is
recognized by the Applicant and the County as appropriate mitigation of impacts caused by the
development of unrestricted uses on the property. The Applicant recognizes that without this
mitigation, approval of other uses on the property would not be granted. Should the deed
restriction be unenforceable by operation of law then Applicant or its successor in interest must
either remove the unrestricted, approved uses from the property or immediately pay cash in lieu
of the construction and maintenance of the restricted unit in an amount calculated by the
Aspen/Pitkin County Housing Authority.
NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 8"'day of
April,2000.
APPROVED AND ADOPTED on the 10`E'day of May,2000.
VESTED RIGHTS NOTICE PUBLISHED in The Aspen Times Weekly on the 0 day of
2000.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
Resolution No.?5-2000
Page 6
ATTEST: Shellie Roy Harr4r,Chair
Date / G / 3 - ,r-j
d R.Dean
Cler to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
�� I i ,
John Ely, Cindy Houben,
County orney Community Development Director
Case#P156-98;PID#264328300006
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CX111BIT A
PARCEL A:
A parcel of land situated in Sections 28 & 29, Township 9 South, Range
95 West of the Sixth principal Meridian. 'Said parcel being more
particularly described as tollowc :
Beginning at; a point of. that parcel described in Quit Claim Deed
recorded as Reception 14c. 396620 of the records of the Clerk and
Recorder of pitkin .County, Colorado whence the NE corner of said
Section 29 bpars N 13°5114911 W 2454 .35 feet;
thence S 160P7104", E 33 .04 feet along' the east line of said parcel
described in! Recepticn No. 396G20 to the TRUE POINT OF BEGINNING;
thence S 150071041 E 1728 . 02 feel: along the east line of said parcel
described in Reception No . 396620;
thence 8 7305215611 W 3C0 .00 felt: along the southeasterly line of said
parcel described in Reception No. 396620; _
thence S 2105913811 W 729 .98 feel• along the southeasterly line of said
parcel described in Receptions No . 39GG20 ;
thence S 85001106" W 921 .20 feet along the southerly line of said
parcel described in Reception Nu . 396G20;
thence N 11054'51" E 806 .30 feet along the westerly line of said
parcel described in Receptions 141i . 39G520;
thence N S305712411 E 1044 '. 76 feel- along the westerly line of sa'_d
parcel described in Reception No. 396620;
thence. N 15°10113" W 688 .28 feet along the westerly line of said
parcel described in Reception No . 39GG20 to the southerly
right-of-way, fence of Brush trealc Road;
thence 117.70 Feet along the arc of a curve ,.to the left, havi;tg a
radius of 1208 .49 feet, a central angle of 5,334,4911 , and subtending a
chord bearing N 44040 '51" E 117. G5 feet along said right-of-way fence;
thence N 41053126" E 75 . 73 feet along said right,-of-way fence; thence
149 , 28 feet along the arc eC a curve to the right, having a radius ol.
981 .36 feet, a central angle of ti'42' 5611 , and subtending a chord
bearing N 46°14 ' 55 " E 143 . 13 L'ect.: to Lhe TRUE PCIN'r cF PGGICY ii;G.
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