Loading...
HomeMy WebLinkAboutbocc.res.008.2008RE~EPT1CEN#: 545536, 02/1412008 at 02:3~:52 PM, 1 OF 7, R$O,OQ Doc C~de RESOl.U7ttJN Janice K. 1/os ~audiil, Pitkir~ Cou~ty, CO RESOLUTION OF THE SOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO GEORGE STRANAHAN FOR THE FLYING DOG RANCH 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVIEW AND GMQS EXEMPTION, DESIGNATING THE HISTORIC RESOURCES TO THE PITKIN COUNTY HISTORIC INVENTORY, AND REMEDIATING THE TAKING FOR THE EAST MESA PARCEL (PARCEL 2) Resolution No.~-2008 RECITALS 1) George Stranahan, hereafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter "BOCC", to approve a plan to preserve a portion of the ranch and to legalize certain structures on the ranch. The Applicant is requesting the following land use approvals: A) GMQS Exemption for pre-1978 parcels to establish one development right for the North Parcel (Parcel 1) and one development right for the South Parcel (Parcel 4). B) Special Review to transfer the development right from the South Parcel to the North Parcel to legalize the straw bale house; to utilize one TDR for additional floor area on the North Parcel to allow up to 15,000 square feet; and to utilize 3 TDRs for a new single family residence on the East Mesa Parcel (Parcel 2). C) 1041 Hazard Review and Conceptual Submission to establish a building envelope on the North Parcel that encompasses all of the existing structures; to establish a building envelope on the East Mesa Parcel for a new residence and agricultural buildings; to establish a building envelope on the South Parcel that encompasses the existing agricultural buildings; and to establish a building envelope on the West Mesa Parcel (Parcel 3) for agricultural buildings. D) GMQS Exemption for the historic Homestead Cabin on the North Parcel. E) l 5 year vested rights. 2) The property is located at 3064 Woody Creek Road and is described as Parcels 1, 2, 3 and 4, Flying Dog Ranch Subdivision Exemption Plat, recorded in Plat Book 85 at pages 91-92. 3) The property is zoned KS-20/PUD and is comprised of two separate parcels that contain 244 acres: ] 56 acres north of Woody Creek Road and 88 acres south of Woody Creek Road. Parcel 3 is encumbered by a conservation easement to the benefit of the Aspen Valley Land Trust, recorded as Reception # 545022. 4) The Applicant submitted a compiete application prior ta July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 5) The Pitkin County Planning and Zoning Commission considered portions of the proposed application (not including the request for the East Mesa Parcel) at regularly scheduled meetings on September 9 and October 14, 2003, and recommended approva] by a vote of 3-0. 6) The BOCC considered portions of the proposed application at duly noticed public hearings on January 14 and March 10, 2004, at which times evidence and testimony were presented with respect to the application. The BOCC considered the entire application, including the request for the East Mesa Parcel at duly noticed public hearings on April 1 l, 2007 and January 9 and 23, 2008, at which times evidence and testimony were presented with respect to the application. Resolutron Na.~ -2008 Page 2 7) The BOCC denied the East Mesa Parcel 1041 hazard review, conceptual submission, special review and GMQS exemption at a duly noticed public hearing on April 11, 2007, pursuant to Resolution No. 035-2007. The BOCC found that that the driveway to the building envelope will encroach on slopes in excess of 30%. Pursuant to sub-section 3-80-OSO.C.I .c.ii of the Land Use Code, development is prohibited on slopes in excess of 30%. The proposed improvements do not comply with the exemption to the 30% slope prohibition for existing roads and driveways (sub-section 3-80- OSO.C.I .c.ii.d of the Code) because the existing roads do not serve existing residential uses. 8) The Applicant requested a takings determination pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code at the hearing on April 11, 2007 to determine whether the denial of the East Mesa Parcel constitutes a taking of private property without just compensation. 9) The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code, based on the following findings: A) None of the driveway alternatives can avoid slopes in excess of 30%; B) The proposed building envelope is the best possible location on the property for development; and C) The denial constitutes a taking of all reasonable use and economic return from the subject property. 10) The BOCC considered the remediation at regular meetings on January 9 and 23, 2008, at which time the conditions of approval were accepted along with the conditions of approval for the other elements of the application. 1 1) The BOCC finds that the application is consistent with the~ applicable provisions of the Pitkin County Land Use Code, as follows: A) The transfer of the fathering parcel growth management development right from the South Parcel to the North Parcel to legalize the straw bale house encourages clustering and preservation of open space and agricultural lands by utilizing the development right in a previously developed area; B) The proposed building envelope on the North Parcel and the agricultural building envelopes on the South Parcel and the West Mesa Parcel avoid 1041 hazard areas or are located such that hazards can be mitigated; and C) The historic resources are eligible for designation to the Pitkin County Historic Inventory. NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the East Mesa Parcel 1041 Hazard Review, Conceptual Submission, Special Review and GMQS Exemption constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. BE IT FURTHER RESOLVED by the BOCC that it hereby designates the historic cabin on the Flying Dog Ranch North Parce~l to the Pitkin County Historic Tnventory. BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking for the East Mesa Parcel and grant approval for the Flying Dog Ranch (including the East Mesa Parcel, North Parcel, South Parcel and West Mesa Parcel) 1041 hazard review, conceptual submission, special review, Resolutiorz No.~-2008 Page 3 and GMQS exemption by granting approval, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1) 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) Within 1 ZO days of the date of this approval and prior to submission of any building or other development permit applications, the Applicant shall be reqUired to submit for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan(s) in accordance with Land Use Code Section 5-70-040, which shall depict the building and development envelopes. The above referenced approvals shall be a condition precedent to finalization and recordation. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. The Applicant shall amend the site plan as follows prior to recordation: A) Designate two separate building envelopes on the North Parcel: one within approximately 150 feet of Woody Creek Road that includes the historic cabin and ranch manager house and one that contains the area beyond 150 feet that is shown within the proposed envelope. A note shall be included on the site plan that specifies that new structures or expansion of existing structures within the envelope closest to the road that are visible from Woody Creek Road shall be subject to scenic review. B) Amend the Building Envelope on the North Parcel to comply with the required 20' setback from the high water line of Collins Creek. C) Amend the building envelope on the East Mesa Parcel to be 50' from the toe of the slope to the east. 3) Concurrent with recordation of the 1041 site plan(s), the Applicant shall: A) Record a deed restriction in a form acceptable to the County Attorney, which memorializes the extinguishment of the fathering parcel development right on the South Parcel and the transfer of the development right from the South Parcel to the North Parcel to legalize the straw bale house. B) Record a covenant in a form acceptable to the County Attorney in which the Applicant agrees to maintain, rehabilitate and/or expand the historic cabin in accordance with the Secretary of the Interior's Standards for Rehabilitation, 4) The North Parcel shall be limited to up to 3 residential structures, excluding the historic homestead cabin, and up to a maximum of 15,000 square feet of floor area, of which 14,459 square feet are existing and 541 square feet are available through use of one TDR. The Applicant may allocate the 15,000 square feet among the approved residential and accessory structures within the building envetope, with no one structure to exceed ] 0,000 square feet of iloor area. The Applicant may reconstruct, e:cpand or relocate the eristing structures within the approved building envelope. Agricultural buildings and the historic Homestead Cabin shall be excluded from the I5,000 square foot maximum floor area. Floor area shall be calculated based on the definition in effect at the time of building permit application. At building permit application for any additional floor area in excess of 14,459 square feet, the Applicant shall surrender one TDR Certificate, in order to develop an additional S4l square feet of floor area. The "leftover" floor area from the TDR shall be extinguished. 5) The East Mesa Parcel shall be limited to a maximum of 10,750 square feet of floor area. At building permit application for the new residence, the Applicant shall surrender three TDR Certificates and a Resolution Na~-2008 Page 4 copy of the deed(s) evidencing the Applicant's acquisition of the Certificates, in order to develop 10,750 square feet of floor area. 6) Prior to issuance of any building permits for redevelopment on the North Parcel, the building site shal) be evaluated by a qualified professional engineer or geologist to determine if mitigation of the debris flow hazard is necessary. 7) Prior to the issuance of any building permits for the new residence on the East Mesa Parcel, the Applicant shall: A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable, ta the Environmental Health and Natural Resources Department. B) Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural Resources Department. The system must 6e designed by a registered professional engineer. C) Obtain fireplace/woodstove permits from the Community Development Department, if necessary. D) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. E) Pay the applicable road and housing impact fees. F) Obtain a driveway/access permit from the Planning Engineer to construct "Driveway Alternative #2" to the residence as generally shown on Attachment C. If practicable, the Applicant shall provide a wildlife underpass to lessen impacts on wildlife movement. G) Submit a Construction Management Plan for review and approval by the Planning Engineer. The Plan shall address employee traffic and parking, construction vehicles, staging and deliveries. H) Record an amended site plan that reduces the size of the building envelope to two acres, which area shall encompass all of the disturbance associated with the construction of the residence. If needed, the area removed from the building envelope may be designated a"development envelope" for well and on-site wastewater disposal system purposes only. 8) Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building and/or development envelopes and instali construction fencing around the perimeter of the envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 9) All lighting shall comply with applicable regulations in the Land Use Code. 10) The Applicant shall comply with the County's Weed Management Plan. 11) The development on the East Mesa Parcel shall comply with the codes and requirements of the Aspen Fire Protection District, including but not limited to adequate area for turning around of fire equipment, approved fire sprinkler systems and adequate water supply (minimum 20,000 gallons). Redevelopment of the buildings on the North Parcel shall be subject to the County and/or Fire Department requirements in place at that time. 12) No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, utility or driveway extension, wells and on-site wastewater disposal systems shal( occur outside of the approved building or development envelopes, except as associated with continued agricultural or ranching uses or activities. 13) 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. Resolution No. ~ -2008 Page 5 14) The Applicant shall comply with the following wildfire mitigation standards: A) New or replacement roofs shall be constructed with a Class A roof covering or a Class A assembly. 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. ii) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. iii) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. iv) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. v) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B) Vents shall be screened with corrosive resistant wire mesh with mesh'/4 inch maximum. C) Roofs and gutters shall be kept clear of debris. D) Yards shall be kept clear of all litter, slash, and flammable debris. E) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F) Swimming pools or ponds shall be accessible to Fire Department vehicles. G) Fences shall be kept clear of brush and debris. H) Wood fences shali not connect to the structure. I) Fuel tanks shall be installed underground with an approved container. J) 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 any above-ground tank. Any wood anclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. K) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. M) New utility lines shall be placed underground within the driveway or approved envelopes. 15) The Applicant shall comply with the following to mitigate impacts on wildlife: A) Dogs shall be kenneled. Construction workers shall be prohibited from bringing dogs on-site. B) Silt fences shall be installed according to the County standard between any construction and any body of permanent or ephemeral water body during all phases of construction (See Pitkin County Asset Management Plan for silt fence standard). C) Mesh fencing is prohibited. Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. Existing fencing shall be brought into compliance. D) Native vegetation shall be maintained outside the development and building envelopes, except as related to agricultural uses. E) Install and use approved bear-proof trash containers as required by the County's Wildlife Protection Ordinance. Resolutron No.~ -2008 Page 6 F) Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. G) Any areas disturbed outside the development and building envelopes for other than agricultural uses shall be revegetated with native plants according to a revegetation plan submitted by the applicant and approved by the County. H) Hay shall be fenced with 8' mesh game proof fencing. I) The Applicant shall plant a vegetative screerr along tl~e east side of the building envelope on the East Mesa Parcel. The screen shall be comprised of trees of significant height (12' or greater) to screen activity around the home from the hillside. The plan for the vegetative screen shall be reviewed and approved by the Community Development Department, prior to issuance of a building permit for the residence. J) If a caretaker unit is approved in the future on the East Mesa Parcel, it shall be attached to the main residence, above a detached garage, or located within the agricultural building envelope. 16) East Mesa Parcel Agricultural Property Tax Classification - Uses. The primary purpose of ownership and use of the East Mesa Parcel is for residential purposes. All improvements and uses of lands within the parcel are associated with residential use of the property. Any activities occurring on the property, or uses of the property that would cause the property to be classified as agicultural lands pursuant to Title 39, Colorado Revised Statutes, are prohibited as of the date of issuance of a building permit for the residence on the East Mesa Parcel. 17) Failure to comply with these conditions of approval shall result in revocation of the approvals and permits for the Flying Dog Ranch. I 8) Statutory vested rights for the approvals 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 ~- ~ 3 , 2023. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11 "' day of February, 2007. APPROVED AND ADOPTED on the _~3 day of U~Y' , 2008. PUBLISHED AFTER ADOPTION FO VESTED REAL PROPERTY RIGHTS in the Aspen Times Week~ on the~'day of 2008. Resolution No.~~~ 20Q8 Page 7 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO - /~~il ~, ~ t~ '% By -` Jack Hatfield, air , Jea tte Jones, Clerk~~fo the BOCC ~ AP ROVED AS TO CONTENT: ~~~ ' dy Houben ~ Community Development Director APPROVED AS TO FORM: ._....... ., . .. . ,....__ ~, , ,, _ _ ~ . John~ Ei~~ ~ - - County Attorney P071-03 PID #264323100001