HomeMy WebLinkAboutbocc.res.091.2006
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO GRANTING APPROVAL OF THE EMMA FARMS 1041 HAZARD REVIEW,
CONCEPTUAL SUBMISSION, SPECIAL REVIEW AND GMQS EXEMPTION TO DEED
RESTRICT AN EXISTING DWELLING UNIT, AND GMQS EXEMPTIONS FOR A
REPLACEMENT UNIT, A 1,000 SQUARE FOOT ADDITION AND BARNS; AND
DESIGNATING THE HISTORIC STRUCTURES TO THE PITKIN COUNTY HISTORIC
INVENTORY
Resolution No.Oql-2006
RECITALS
I. Emma Fanns LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") for approval to establish building envelopes on 2 separate 35+ acre parcels, which
does not legally constitute a subdivision within the purview of the County's subdivision review authority.
The property crosses the PitkinlEagle County line. The Applicant is in the process of subdividing 5 lots
on the Eagle County portion of the property (Lots 1-5): two lots adjacent to Emma Road and three lots
along the toe of the slope, and the remainder consisting of the agricultural lands, which will be placed
under a conservation easement. The Applicant proposes to utilize the remaining acreage on the Eagle
side in order to create the two 35+ acre parcels that would accommodate development on the Pitkin
County portion of the property: one parcel adjacent to Emma Road would contain the existing ranch
buildings including dwelling units and would contain 51.5 acres (Lot 7) and one parcel at the toe of the
slope would accommodate a new single family residence and would contain 36 acres (Lot 6). The
following approvals are requested and required:
A. 104 I Hazard Review and Conceptual Submission to establish building envelopes;
B. GMQS Exemption and Special Review to deed restrict an existing residence on Lot 7 as a category 4
unit outside of the AH zone districts;
C. GMQS Exemption to "replace" the newly deed restricted unit with a new single family residence of
up to 5,750 square feet oftloor area on Lot 6;
D. GMQS Exemption for a 1,000 square foot addition on Lot 7 to expand the two historic residences;
E. GMQS Exemption for barns on Lots 6 and 7.
2. The property is located at 3004/3006 Emma Road, at the comer of Hook's Lane and Emma Road and is
more specifically described in Exhibit A.
3. The property contains a total of 136.2 acres, of which approximately 30 acres are within Pitkin County.
The portion of the property within Pitkin County is zoned AFR-IO.
4. The Community Development Director granted 1041 hazard review approval for an access envelope for
a new driveway to serve Lots 1,4,5 (in Eagle County) and 6 (in Pitkin County), pursuant to
Administrative Decision No. 44-2006; a site plan has not been recorded.
5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being
considered pursuant to the 1994 Land Use Code, as amended.
6. The BOCC considered this application at duly noticed public hearings on July 26 and August 9, 2006, at
which times evidence and testimony were presented with respect to the application.
7. The BOCC finds that the proposed building envelopes are located on slopes ofless than 30% and avoid
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Resolution No. oq( -2006
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critical wildlife habitat areas and rockfall areas; that the debris/mud flow hazard on Lot 6 can be
mitigated; and that the wildfire hazard is rated as low and can be mitigated.
8. The BOCC further finds that deed restriction of the existing non-historic residence on Lot 7 as a rental
unit is consistent with the special review criteria and the Citizen Housing Plan and, therefore, that the
Applicant is eligible for a replacement unit exempt from growth management, pursuant to Sec. 9-110-
052(D) of the Code, which exemption will be utilized for a new dwelling unit of up to 5,750 square feet
of floor area on Lot 6.
9. The BOCC further finds that Lot 7 is eligible to utilize the growth management exemption for 1,000
square feet of additional floor area, pursuant to Sec. 9-11 0-052(C) of the Code and that Lots 6 and 7 are
eligible to utilize the growth management exemption for barns, pursuant to Sec. 9-110-057 of the Code.
10. The BOCC voted on August 23,2006 to reconsider the Resolution, which reconsideration occurred at a
regular meeting on December 20, 2006. At that time the BOCC found that it was appropriate to amend
certain conditions of approval, as reflected herein.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby designate the
Queen Anne brick farm house and the shed roof log building to the Pitkin County Historic Inventory.
BE IT FURTHER RESOLVED by the BOCC that it does hereby approve the Emma Farms
1041 Hazard Review, Conceptual Submission, Special Review and GMQS Exemption to deed restrict an
existing dwelling unit, and GMQS Exemptions for a replacement unit, a 1,000 square foot addition and
barns, subject to the following conditions, which shall run with the land and be binding on all successors in
interest.
I. 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.
2. This approval is contingent upon approval by Eagle County of the Emma Farms Subdivision
Preliminary Plan & Zone Change, which affects the 106 acres of the property that is within Eagle
County .
3. Within 180 days of the date of approval or prior to recordation of the 1041 site plan, whichever comes
first, the Applicant shall provide documentation on the existing sewage disposal system(s) on Lot 7 to the
Environmental Health and Natural Resources Department for evaluation and approval. Any prohibited
components or other problems discovered during such evaluation shall be replaced in a timely manner,
based on a time line agreed to by the Environmental Health and Natural Resources Department.
4. Prior to submission of any future building or other development permit applications, the Applicant shall:
A. Be required to submit for approval by the County Attorney and Community Development a 1041
Hazard Review Site Plan(s) for Lots 6 and 7 in accordance with Land Use Code Section 5-70-040,
which shall depict the building and access envelopes. The above referenced approvals shall be a
condition precedent to finalization and recordation. The Applicant shall amend the site plans as
follows, prior to submission for recordation:
1) Designate a name for the driveway off of Hook's Lane, which name shall be approved by the
County prior to recordation.
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2) Designate an envelope on the portion of Lot 6 where the water storage tank is proposed to be
located.
3) SpecifY that buildings shall not be allowed within any rockfall hazard areas within the secondary
envelope on Lot 6. Alternatively, the Applicant may relocate the secondary envelope to avoid
the rockfall hazard area, in which case accessory buildings may be permitted within the
envelope.
B. Be required to submit for approval by the County Attorney, the Community Development
Department and the Housing Office a deed restriction for the existing non-historic dwelling unit on
Lot 7. The unit shall be deed restricted as a category 4 single family residence. The unit shall be a
for rental unit, with priority given to employees who work on the property.
C. Be required to submit a covenant in a form acceptable to the County Attorney in which the
Applicant agrees to maintain the historic structures. The restoration of the structures shall
comply with the Secretary of the Interior's Standards for Rehabilitation to the satisfaction of the
County's Historic Preservation Officer.
D. Be required to submit for approval by the County Attorney and Community Development the
amended Design Guidelines for review. The Design Guidelines shall be amended as follows:
1) The Guidelines shall apply to Lots 6 and 7 as well as Lots 1 -5 in Eagle County.
2) SpecifY which provisions cannot be amended without County approval.
3) Include a signature block for the BOCC.
4) Amend the Fire Protection Plan (Exhibit K) as follows:
a) Amend A,6 to state that the water storage tanks for emergency fire suppression shall be
installed in the emergency tank easements located on Lot 7 and on Lots 5/6.
b) Amend B.I to state that 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.
c) Amend B.3.b to state that al newly construction structures shall be required to install
approved fire sprinkler systems that meet the standards of the Basalt Fire District.
d) Add that the water storage tanks shall be kept full, maintained, and serviceable for
emergency use at all times. Annual testing shall be conducted on the dry hydrant system to
ensure operational readiness. Testing and maintenance shall comply with the provision of
NFPA 25, Standard for Inspection, Testing and Maintenance of Water Based Fire Protection
Systems. The water storage tank serving Lots 4, 5 and 6 will be completed prior to issuance
of a building permit for any of those lots. Likewise, the water storage tank required for Lots
1, 2 and 7 will be completed prior to issuance of a building permit on any of those lots.
5. Concurrent with recordation of the 1041 site plan(s), the Applicant shall record the Design Guidelines for
Emma Fanns, the deed restriction for the residence on Lot 7 and the covenant for the preservation of the
historic structures.
6. Prior to building permit application for any new residences on Lots 1, 4, 5 or 6, the Applicant shall:
A. Submit an access permit for the driveway from Hook's Lane. The specifications for the driveway
shall be consistent with the "South Driveway Plan" and "Details" shown on the Colorado River
Engineering plans dated January, 2006, including a 16' width, turnaround at Lot 4 and pullouts.
The access permit shall be reviewed and approved by the County Engineer and Basalt Fire Marshal.
Improvements shall be completed prior to issuance of any building permits.
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Resolution No.oqr. -2006
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B. Submit an earthmoving permit for installation of the water storage tanks for emergency fire
suppression. The tank on Lot 7 must be installed prior to commencement of construction on Lot I;
the tank on Lots 5/6 must be installed prior to commencement of construction on Lots 4, 5 or 6.
7. Development on Lot 6 shall be limited to a maximum of 5,750 square feet of floor area, which is
exempt from growth management. Development on Lot 7 shall be limited to the size of the existing
structures, with an additional 1,000 square feet of floor area exempt from growth management
available to expand one or both of the historic residences on Lot 7. In addition, each lot is eligible for
exempt barn square footage equal to the number of acres in the lot times 58 square feet per acre (2,088
square feet for Lot 6 and 2,987 square feet for Lot 7). Barns legally constructed prior to May 12,
2004 are exempt from floor area and do not count towards the barn exemption.
8. Prior to submission of a building permit application for Lot 6, the Applicant shall obtain a detailed,
site specific geotechnical investigation to develop design level recommendations and construction
criteria for excavation for the access drive, utilities and foundation, and to evaluate ground water
conditions.
9. Prior to issuance of a building permit for the residence on Lot 6, the Applicant shall:
A. Record the deed restriction on the existing non-historic residence on Lot 7.
B. Obtain a fireplace/woodstove permit from the Community Development Department.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer. The
plan shall demonstrate that surface water will be directed down, around and away from buildings
and off of slopes and road surfaces.
D. Provide a copy of the Residential Water Well Permit (and any supplemental plan for
augmentation required by the Colorado Division of Water Resources) to the Environmental
Health & Natural Resources Department for review and approval. Applicant must also provide
sufficient documentation to establish that the well: (I) meets setback requirements, (2) meets the
County's minimum requirements for an adequate water supply, and (3) meets the County's ISDS
Regulation minimum requirements for adequate water quality, prior to issuance of any Septic
System Permit or Building Permit.
E. Obtain a septic system permit from the Environmental Health & Natural Resources Department.
Given the history of high groundwater in the area, applicant is required to submit, with each
Septic System Permit application, a geotechnical analysis of groundwater conditions (conducted
during months of high runoff and flood irrigation) acceptable to the Environmental Health &
Natural Resources Department. The system shall be designed by a Colorado Registered
Professional Engineer to accomplish denitrification of the wastewater and to utilize pressure dosing
into shallow trench configurations.
F. Pay the applicable road and employee housing impact fees.
G. Submit a Fugitive Dust Control Plan for review and approval by the Environmental Health &
Natural Resources Department.
H. Obtain an earthmoving permit to clear the existing ponds to the north of the building envelope on
Lot 6 of debris and sediment so the ponds can provide mitigation for debris/mud flows.
10. Prior to commencement of any earthmoving or construction activity on Lot 6, the Applicant shall
stake the comers 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, and then shall be removed. In addition, any required erosion control measures shall be
in place prior to any earthmoving.
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Resolution No.t.Jt11-2006
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II. No development, including grading, excavation, fill placement, berming, utility extension and
maintenance, landscaping, entry or ranch gates, construction parking and staging, vegetation removal
or disturbance, septic system and well, shall occur outside of the approved building or access envelopes,
except to comply with the required wildfire mitigation or to mitigate the debris flow hazard adjacent to
the building envelope on Lot 6, subject to a mitigation plan reviewed and approved by the Community
Development Department.
12. Only plant species native to the site or listed in the Pitkin County Revegetation Guide shall be utilized to
revegetate areas outside of the building envelopes that are disturbed by construction of access drives and
installation of utilities, subject to a revegetation plan approved by the Environmental Health and Natural
Resources Department, prior to issuance of a Certificate of Occupancy. However, if agricultural areas
are disturbed, those areas may be planted with agricultural crops that are not included in the Revegetation
Guide.
13. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation.
14. The Applicant shall comply with the Recommendations to Minimize Ecological Impacts that are
included as Exhibit L in the Design Guidelines.
15. The Applicant shall comply with the Fire Protection Plan included as Exhibit K in the Design Guidelines.
16. The Applicant shall comply with the County's Noxious Weed Management Plan.
17. Agricultural Property Tax Classification - Uses.
A. Lot 6: The primary purpose of ownership and use of Lot 6 of Emma Fanns is forresidential
purposes. All improvements and uses of lands within Lot 6 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 Statutes, are
prohibited as of the date of issuance of a building permit for the residence on Lot 6.
B. Lot 7: The primary purpose of ownership and use of Lot 7 of Emma Farms is for agricultural or
open space purposes. All proposed improvements and uses of lands approved in this Resolution
within Lot 7 are associated with agricultural or open space uses of the property, and, therefore, shall
not trigger a review of the tax classification of the property. Any activities occurring on the property,
or uses of the property that would cause the property to be classified as agricultural lands pursuant to
Title 39, Colorado Revised Statutes, are permitted.
18. Any development located within setbacks shall require a variance from the Board of Adjustment.
This approval does not assure approval of the variance.
19. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
20. 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
December 20, 2021.
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Resolution No.tJtlL-2006
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
25th day of June, 2006.
APPROVED AND ADOPTED on the 9'h day of August, 2006.
APPROVED AND ADOPTED AFTER RECONSIDERATION on the 20th day of December,
2006.
PUBLISHED AFTER ADOP1l0N Fd":~TED REAL PROPERTY RIGHTS in the
Aspen Times Weeklv on the ~ day of , 2006.
BOARD OF COUNTY COMMISSIONERS,
PITK COUNTY, COLli DO
. , j('a?'
By 'tJl
lC ea ,C air~
MIGff~ M.. .. ~
5-3/-0
A ROVED AS TO CONTENT:
APPROVED AS TO FORM:
tfl ~ \Q~~tt
Ci dy ouben
Community Development Director
..-' . "'-;h ../~
J~
C A ey
P135-06
PlD #264510400002/264510400003
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Order Number: U0355UA.C2
LEGAL DESCRIPTION (.f1..,o...vpovh<or. n~ tkPvlltrW/'fI
fl.-...-L--;!. w.l-1-G-- Pll-!L.-lJ-' COUo-~)
'MelL AI
TOWKSHIP 8 Sot7TH. RANGI: 87 nIT or THE eTH PRINCIPAL XBRIOIAlh
Seotion 101
Saation 11.
SaotioZl 14.
SBction 151
Lot 17
Lot 13
Lot .
Lot'
EXCI'TINa. PRCK ..1d Lot. 13 and 17, 40 acr... mora or 1...
lying North...t of . lin. d..oribad .. beginning at . point on the
North liD. of .aid :Lot 17 wuno. the IIJorth"..t comaI' of ..14 Lot
17 h.ar. W..tarly 2.26 ebain.,
tba:a.oa . .0.40' Z .3.29 chain. to . point on the z..t line of ..id
Lot 13 whanc. the North..at comaI' of ..14 Lot 13 b.ar_ Northerly
21.21 chain. mora Dr 1....
LBSS ARC BXCJ:l'l'IHG TKU.J:rROK .11 that property contained in the
Quitclaim d..d fro. Conrad H. Cari.. and Slilabatb Lavani. cari..
to Rad Rock a&nch Partner.hip, recorded October 30, 19'6 in Book 710
at ,aga 36 .. Recepticn No. 606015
AND
A parcel of land in the North part of Lot. 15 and 16 of Sectlon 10,
4e.crib_d al f~llow'l
aeginning at th. Northe.,t corner of .a1d Lot 16,
thance I 1,tOO teat,
thenea H ~t. 58' W 1,5t5 ta.t,
tbence _ 652 f..t To The .oint Of aaginning
LZSS AND KZC..TEHQ THERarROM all that property contain.d in
the Quitclaim n.ed from Conrad H. Ceri.. and .11.&be~ LaVani.
Ceri.. to aad Rock Rancb ,artnar.hip recordad October 30, llP6
in Book 710 at .age 36 a. Racaption No. 606016.
AND J't7I.TIIBR llX<3'TINQ TKIIR...ROJI aU that proparty contained in
in tbe aargain and Sale Dee4 recorded Deceab.r 30, 200t a.
Reception Ho. t0211' and in the Bargain and Sa1a n..d recorded
n&c.-bar 30, 200t al Racaption Ho. '0217' and in tbe Warranty
Daad racorded January 27, 2005 a. Rao~tioD No. JOt519.
.agl. County raoord. and in Racaption Ho.
505540 and Raception No. 505539 Pitkin county racord8.
I'ARCBL !II
A parcel of land aituated in Tract. 56 and 57, Townahip 8 South,
Continued on naxt paga
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Continuation of Sc~dul. A ~ Lagal Da.c:iption
order Numberl Ot03551U-C2
Rang. 11 Wa.t of the 6th P:incipal xeridian, lagla County, Colorado, being
mora particularly d..cribad .. follow. I
.eginning .t Angl. Point No.2 of ..1d 'ract 51,
th.ne. N 1"45'00. B 149.16 f.et along the Northe:ly bound.~ line of
..id Tz'act 57,
th.nc. S 62-05'30- I 1117.00
thence s 71-58'5.- W 11'1.91
thence N 25'20'37. W 1352.31
I1na of .aid T:act 56,
thanca S 81'19'00- I 652.00 f.at along the Northarly boundary lina of
..id Tract 56 To The Point Of .eginning
teat,
feat,
het to
a point on tba Northarly boundary
pnCBL Cr
A parcal of land located in Tract 57. Town.hip 8 louth, aanga 87 W..t
of the 6th Principal Maridian, pitkin and .agl. Countl.., baing
more fully d..cribed .. follow. I
..,inning at . point OD th. ...tarly lina of ..id Tract
57 whanc. a found bra.. cap at angla point 3, Tract 64 be.r.
S 62'23'5)- W 1520.3. f.at,
thence S 8"09'00. W 215.00 f.et,
thanee 8 00'51'00- I 410.00 f..t,
th.nc. S 89'0"00- W 150.00 f..t,
thenca N 00'51'00- W 410.00 f..t,
thenc. S 8"09'00. W 1065.00 f..t,
thane. N 00'51'00- W 1415.50 f.et,
thanea S 52'10'2'- I (racord baar S 60'40'00- .11529.90 faat
to the aa.t.rly lina of ..1d Tract 57,
thane. 8 00.51'00- . along tha a..tarly line of ..id Tract 57 a
di.tanea of 533.40 faat to tha point of beginning.
us. AND IXCZI't':tlIG TDRIPROIl all the land containad
in tha tha Barg.in and 8ala Dead racordad nacaabar 30, 2004 a.
Raception Ro. 902178 and in the Warranty Dead racordad January 27, 2005
.. Racaption Ro. 90t519 (Iagla Coun~y racord.,
PARCEL Dl
A parcal of land .ltuated in Tract 57, Townahip 8 South. Rang.
87 Wa.t of tha Sth Principal Xaridian. ..gb County &Dd Pitkin County,
Colorado, baing ~ra particularly d..cribad a. follow. I
.eginning at a point on th. Wa.tarly boundary line of ..id
Tract 57 whanee Angle Point Ro. 3 of .ai4 rract 57 baar. 8 00.50'00. B
493.24. bat,
thanca K 8'.1"4.5. . 2311.03 f.at,
thanee 8 00.50'25- I 207.33 f.at,
thanca R 1'.0"51- . 150.17 faat,
thanea H 00.52'43- w 204.93 taat,
Continued on naxt paga
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Con~1nu.tion of Scbedule A ~ Legal Daacription
Order Numberl 040JS514A-C2
thene. H 88-4"'51- B 181.42 feet,
~b.nc. K 00-51'00- W "lS.JJ het,
theuc. 8 8'-"1'46- W JQ9.54 feet,
thebe. N 74-53'3"- W 1004.12 feet,
thebee 8 83-18'54- . 1374.47 feet to . poiut on the W..t.rly boundary
line of .aid Tract 57 to th_ point of bagiDning.
COtDlTY or nnm AND COt1N'I'J' or BAGLK
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