BRUSH CREEK MASTER PLAN September, 2003

Transcription

1 BRUSH CREEK MASTER PLAN September, 2003 Introduction Brush Creek Overview The Brush Creek area encompasses both residential neighborhoods and large parcels with individual homes. It is home to several wildlife species and includes areas that are considered key habitat. In addition, the area is the gateway to the Town of Snowmass Village ( TOSV ) and the many recreational and cultural opportunities offered there. The scenic beauty of the area is spectacular in all seasons. The snowcapped mountains and open valley floor are prominent features as one approaches the Town of Snowmass Village along Brush Creek Road. Several Pitkin County Land Use Policy Guidelines are embodied in the Brush Creek planning area today and it is the intention of the County to preserve and support them for future generations. They are as follows: Pitkin County seeks to preserve its natural, rural scenery and natural landmarks for the benefit of its residents and the continued viability of its resort economy. Lands outside the (urban) growth boundaries will be deemed most appropriate for the preservation of agriculture, natural habitat, environmental resources, open space and rural residential uses. It is the policy of the County to ensure that proposed land uses (inc luding structures) are compatible with the ecosystem of wildlife habitats and do not pose immediate, long-term or potential detrimental impacts to such habitats. The County seeks to preserve, restore and perpetuate native wildlife and plant diversity by maintaining sufficient habitat. Previous Land Use Plan The Brush Creek area is currently part of the 1987 Down Valley Comprehensive Plan (the Down Valley Plan ). In 1987 the planning area boundary included the property known as Wildcat Ranch. Today that property has been annexed into the Town of Snowmass Village. This Master Plan will update and take the place of what is currently called the Brush Creek / Wildcat planning area. The Down Valley Plan designated the majority of the Brush Creek area as Agricultural Wildlife Reserve and Rural Residential. (See the Down Valley Future Land Use Map for locations of these designations (Exhibit D). In addition, the Down Valley Plan included the Rural Residential and Agricultural / Wildlife Reserve District Development Guidelines (Exhibit E). These designations and guidelines are still relevant today. The designation names have changed in this Master Plan but much of the reasoning and analysis work from the Down Valley Plan is still applicable to the area. Brush Creek Master Plan 1

2 Area Boundary The Brush Creek area is located west of Highway 82 bordered by the Owl Creek Valley to the south, the Town of Snowmass Village to the west and the Roaring Fork River to the east, from the True Smith Hill south to the City of Aspen Urban Growth Boundary (the UGB ). Due to recent annexations by the Town of Snowmass Village, the land area described in the Down Valley Plan has been reduced, and some pieces of the Brush Creek area have been cut off from the larger whole, such as the Pitkin County landfill (the Landfill ) and several enclaves within the town boundaries of Snowmass Village. However, these areas are still considered part of Brush Creek for this Master Plan. (See Zoning Map for Planning Area boundary, Exhibit A.) A neighborhood Caucus does not exist in Brush Creek, but Brush Creek Village has an active Homeowners Association. Brush Creek Village is located on the ridge above Highway 82 on the right as you drive up Brush Creek Road towards the Town of Snowmass Village. Objective To amend the Down Valley Plan planning area boundary to reflect annexation changes in the Town of Snowmass Village and refine the southern boundaries along geographic features, moving some areas from the Brush Creek to the Owl Creek planning area and to acknowledge amendments to the Down Valley Plan relative to the planning area boundary and the Woody Creek planning area boundary along the west side of the Roaring Fork River downstream from the True Smith Bridge. Action Amend the boundary to the south along the ridgeline to exclude portions of the Droste and Seven Star portions of the planning area. This area, on the south side of the ridgeline, will be incorporated into the Owl Creek planning area. Amend the boundary on the southeast portion of the planning area to include Sardy Field/Pitkin County Airport (the Airport ) property northwest of the ridgeline. Delete the east side of the Roaring Fork River north of True Smith Hill and incorporate it into the Woody Creek planning area by amending the Down Valley Plan to be consistent with the 1991 Woody Creek Master Plan. Delete the two properties to the west of the TOSV (Gentry Lot Splits and Hidden Meadows Subdivision) and place these parcels within the Capitol/ Snowmass planning area. Brush Creek Master Plan 2

3 Existing Land Use The Brush Creek area is home to a diversity of housing types ranging from a subdivision of 1 to 2-acre lots to 35+ acre home sites. As noted above, it contains key wildlife habitat and migration corridors and also serves as the main access point to the Town of Snowmass Village. The following land uses exist: The Brush Creek Village Subdivision currently contains 121 single-family residences on 142 lots (21 lots are vacant) ranging in size from 1 to 4 acres and is situated on a steep hillside overlooking Highway 82 and the valley to the east. The Pioneer Springs Subdivision contains 7 large lot single-family residences on lots ranging in size from 36 to 40 acres. Cozy Point is a 168-acre parcel owned by the City of Aspen located at the intersection of Highway 82 and Brush Creek Road. Currently it is used for horse boarding and the irrigated hay field is occasionally used for special event parking. There is an additional 100-acre conservation easement to the north of Juniper Hill Road and along Highway 82, which is also owned by the City of Aspen. This property is under a conservation easement with the Aspen Valley Land Trust ( AVLT ). Cozy Point South, located opposite Cozy Point across Brush Creek Road, is a 124-acre parcel owned by Aspen Country Day School LLC. The Colorado Department of Transportation ( CDOT ) also owns two large parcels at the intersection of Highway 82 and Brush Creek Road. It operates a park and ride on part of the parcel (referred to as the intercept lot ) and uses other areas for storage of construction materials and debris associated with the construction on Highway 82. The City of Aspen and Pitkin County own several parcels, collectively known as Aspen- Mass, located north of the CDOT intercept lot. They are currently undeveloped. Two parcels adjacent to the intercept lot between Highway 82 and the Roaring Fork River are privately owned. There are 9 Droste parcels of 35+ acres located on the top portion of the property (approximately 300 acres) above the 500-acre conservation easement owned by the TOSV and Pitkin County and to the east of the 99-acre wildlife easement owned by Pitkin County. There are several large privately owned parcels ranging in size from 35 to 194 acres. Several of the larger parcels are undeveloped and held in common ownership. Many of the smaller parcels have a single-family residential unit or vested approvals. There are several open space parcels owned by Pitkin County and privately owned parcels with large areas protected for wildlife and open space through conservation easements (a total of approximately 800 acres). The Landfill is also located within the Brush Creek planning area. Brush Creek Master Plan 3

4 Zoning The majority of the planning area is zoned AFR-10 (one unit per 10 acres) from Highway 82 to the boundary with the Town of Snowmass Village. The isolated planning area properties include the Gentry Lot Splits and Hidden Meadows Subdivision that are also zoned AFR-10. North of Brush Creek Village to Wildcat Ranch there are several parcels zoned RS-20 PUD. Cozy Point is zoned RS-160 PUD. The Airport (a portion of which falls in the revised planning area boundary) is zoned Public. The Landfill is currently Unclassified, (U). (See the Zoning Map, Exhibit A). [AFR-10 zoning] is intended to maintain the rural character of lands proximate to development centers and State highways by preserving agricultural operations, wildlife habitat and scenic quality while permitting low density, single family dwelling units and customary accessory uses. Exhibits B-1 and B-2 summarize build out scenarios on properties within the Brush Creek planning area. The planning area is at 33% of its maximum build out potential under current zoning. If all AFR-10 zoned properties (with the exception of Brush Creek Village and existing conservation parcels and easements) were rezoned to a 35-acre zone district the current build out would be at 72%. The current zoning of U for the Landfill and AFR-10 for other publicly owned and operated properties is inappropriate. This is also true for the properties that are owned by the public for conservation purposes or are held under long-term conservation easements. Brush Creek Village is zoned AFR-10. The entire subdivision is non-conforming under current zoning. Objective Zoning in the Brush Creek area should be in keeping with residential development that exists in the Brush Creek area and should maintain the rural character of the corridor between Aspen and Snowmass. The current Brush Creek land use pattern is larger lot development in combination with open rural lands. Zoning in the area should further Pitkin County Land Use Policy Guidelines regarding new development in that: New development should be compatible with and not fundamentally change the character of any neighborhood or area. Action Items 1. Rezone the Landfill to Public from Unclassified (U). Brush Creek Master Plan 4

5 2. With the exception of properties currently zoned RS-160 and Public and the Brush Creek Village Subdivision, rezone the private land within the Brush Creek planning area to large lot zoning (Large Lot Conservation Zone and /or Large Lot Low Density Zone) with a minimum lot size of 35 acres or greater. Develop incentives to keep larger tracts of land open. Larger than 35 acre lots may be appropriate for properties with more intensive use and 35 acre parcels may be appropriate for less intensive use. This change in zoning will better reflect the current land use pattern and average density in the area and may help to preserve the remaining diverse wildlife habitat by maintaining larger tracts of open lands. 3. Consider the development of a zone district for Brush Creek Village Subdivision that would make the lots conforming. 4. Rezone Open Space and Trails owned (County owned) parcels and parcels with long term conservation easements to a Conservation District intended to apply to locallyowned public parcels that have been purchased for and/or dedicated to conservation uses. 5. Rezone publicly-owned and operated parcels and facilities that are currently zoned AFR- 10, such as the CDOT intercept lot, Aspen Mass and Cozy Point, to Public. Brush Creek Master Plan 5

6 Special Districts/ Intergovernmental Agreements ( IGAs )/ Coordination with Adjacent Master Plans and Uses Brush Creek Metro District The Brush Creek Metro District primarily serves the Brush Creek Village and Pioneer Springs portions of the Brush Creek planning area. The district maintains the water system for residents of Brush Creek Village,Pioneer Springs and the Levinson Lot Splits next to Cougar Canyon. It also provides road maintenance and snow removal on Juniper Hill Road, Medicine Bow Road and several smaller spur roads in the area. In addition, it provides trash removal services for residents of Brush Creek Village. Pitkin County has an IGA with the Brush Creek Metro District (see Resolution and attached Intergovernmental Agreement, Exhibit C) relative to land use reviews, roads, utilities and parking. Metro District Long Range Plans The Brush Creek Metro District has a pending10-year capital improvement plan that includes rebuilding portions of the roads it maintains and enhancing entrances. In addition, it is investigating bringing natural gas to Brush Creek Village and under-grounding utilities. Landfill The Landfill has become an unincorporated island within the boundaries of the Town of Snowmass Village following its recent annexation. It falls within the Brush Creek planning area. The Landfill has a 42-acre footprint of trash, all of which has been used to a greater or lesser extent. The remaining life of the Landfill at the current rate of use is only 10 to 12 more years. To date, aggressive diversion programs for recyclables and recoverables have extended the life of the facility. Groundwater contamination has become a significant concern. Methane gases produced by decaying garbage are causing the contamination. Precipitation leaches through the garbage from the top, and becomes contaminated run-off which seeps into the ground. Aggressive steps are being taken to close, cap and re-vegetate portions of the Landfill to control this problem. Peripheral wells around the property are monitored eight times per year to ensure the contamination has not left the property. At this time, the contamination has not left Pitkin County property. Brush Creek Master Plan 6

7 Landfill Long Range Plans Landfill managers are aggressively working to retire sections of the Landfill in order to address the water quality concern. At this time, 10 to 12 acres have been capped and re-vegetated. 10 acres are planned for the summer of In addition, managers are evaluating the idea of putting in a methane gas extraction system. The County has a 30-year obligation to maintain the Landfill post closure. Thus the Landfill property will be managed by the County for the next four decades. The Landfill Master Plan will address this timeframe and will suggest the site be considered for a future transfer station once the Landfill has served its useful life. Sardy Field/Pitkin County Airport The Airport is in the process of developing a master plan. The Airport is considered to be in very good condition. However, the passenger facilities are undersized for the volume of use. In addition, the runway to the south needs to be lengthened to accommodate take-offs to the north. Sardy Field/Pitkin County Airport Long Range Plans No additional land acquisitions are suggested by the Airport Master Plan, however, more efficient use of existing land is recommended. The Airport Master Plan suggests that passenger facilities be improved to accommodate future use and that the runway be extended 1,000 feet to the south to accommodate take-offs to the north. The west side of the Airport property has been identified for future development of aviation facilities. The current draft of the Airport Master Plan will be ready for review by the Pitkin County Planning and Zoning Commission by late fall The Airport Master Plan has identified areas within the Brush Creek planning area relative to land use and the influence of the Airport. Aspen Mass Affordable Housing Site The Aspen Mass affordable housing site is located on the west side of Highway 82 just north of the intercept lot at Brush Creek Road. It is approximately 1.5 miles off the north end of the Airport runway and is located almost directly along the main approach and departure path for the Airport. It is currently vacant, but has been identified as a proposed affordable housing site in the 2000 Update of the Aspen Area Community Plan (the 2000 AACP Update ). Recent discussions have shifted away from housing toward expansion of the intercept lot on this site. Cozy Point Cozy Point is located at the northwest corner of the intersection of Highway 82 and Brush Creek Road, approximately 1.2 miles from the north end of the Airport runway. The Cozy Point Ranch was purchased by the City of Aspen with a combination of Open Space and Housing funds. Since its purchase, the property has been used as an equestrian facility and has Brush Creek Master Plan 7

8 been considered for affordable housing. This property is outside the Urban Growth Boundary delineated in the 2000 AACP Update. The 2000 AACP Update discourages development, especially large scale or higher density development, outside of the UGB. In addition, there is no City of Aspen water or sewer currently available to this site. The property has been placed in a conservation easement which limits future uses of the property to recreational and open space uses and allows the construction of one additional agricultural structure and one additional housing unit associated with the operation of the facility. There are three housing units on the property, a barn and other ranch related structures, all of which are original to the property. The houses have been deed restricted as affordable housing and are to be used only for employees associated with the ranch. Three historic structures have recently been relocated to Cozy Point from other areas in the valley. They will not be used for housing. Corner of Brush Creek Road and Highway 82/ Cozy Point South The south side of Brush Creek Road abuts several large privately owned vacant parcels that are zoned AFR-10. The 55 and 60 DNL noise contours for the existing condition (Base Year 2000) traverse the portion of the property nearest the intersection of Highway 82 and Brush Creek Road. The projected noise exposure for the year 2022 eliminates some of the properties more developable land (outside steep slopes, etc.) The projected noise exposure for the year 2022 shifts the property out of the 60 DNL contour and slightly narrows the portion of the property contained within the 55 DNL contour. Snowmass Village 1999 Comprehensive Plan: Influence Areas The Lower Brush Creek Influence Area is located in unincorporated Pitkin County and includes the main entrance to the Town of Snowmass Village. In the 1999 Comprehensive Plan, this area is identified as a critically important scenic resource to the Town. The Comprehensive Plan recommends that the area s open character be preserved through open space acquisition and by limiting development to Estate Residential land uses. Estate residential is described as: lots of 100 or more acres per dwelling unit or an average of 100 or more acres per lot within a development. Estate residential development should be restricted to relatively small development envelopes in order to preserve large tracts of open space and sensitive lands. Down Valley Comprehensive Plan, 1987 The primary objective of the Down Valley Plan is to identify the areas most suitable for development and those which have the highest priority for preservation. The Downvalley Plan addresses a long list of planning and quality of life issues. Among the goals of the Downvalley Plan were goals reflecting a strong sentiment to maintain scenic views. Specifically, those goals included: Brush Creek Master Plan 8

9 The creation of a scenic foreground designation for lands highly visible from Highway 82 and Brush Creek Roads. Development within these areas should be designated so outstanding views from public roads are not lost. Pitkin County Comprehensive Plans: An Overview and Comparison, March Aspen Area Community Plan, 2000 Update The 2000 AACP Update is an update of the 1993 Aspen Area Community Plan (the 1993 AACP ). Many of the key concepts of the 1993 AACP remained intact with the update, but a key addition with relevance to the Brush Creek Master Plan was the introduction of the Urban Growth Boundary. The purpose of the UGB is to discourage urban levels of development outside the set boundary, thereby preserving open space and a rural feel between communities, efficiently managing the provision of urban services and discouraging urban sprawl. The Brush Creek planning area falls outside the 2000 AACP UGB. Action Items 1. The County should acquire an aviation easement for all new development that is identified by the Airport Master Plan or this Master Plan as having an influence on or being influenced by the Airport. (Reference 2003 Pitkin County Airport Master Plan). 2. The Aspen Area Community Plan and the Town of Snowmass Village planning areas abut the Brush Creek planning area. Therefore, the following issues need to be considered: Brush Creek Road, parking at the intersection of Highway 82 and Brush Creek Road as it relates to the CDOT intercept lot and Cozy Point Ranch, and the scenic view plane as viewed from Brush Creek Road. Brush Creek Master Plan 9

10 Growth Management/House Size In Pitkin County, growth management deals with the rate of growth, the location of growth and the quality and quantity of growth. The location of growth is typically determined on a sitespecific basis at the time of land use review. Rate and quantity of growth are determined through zoning allowances, annual competition for a specific amount of square footage allowed via the Growth Management Quota System ( GMQS ), and through growth management exemptions. In 1998, house size within the Brush Creek planning area averaged 3,676 sq. ft. In January 2000, new growth management regulations were adopted in Pitkin County. As a result, house size restrictions were adopted. The Brush Creek planning area lies within the rural growth management portion of the County. Consequently, new homes are limited to an initial size cap of 5,750 sq. ft., which may be exceeded subject to purchase of a transferable development right(s) ( TDRs ) as a growth management exemption. Seven homes were built in the Brush Creek planning area between 1998 and 2002, for an average annual growth rate of 1.4%. Objectives Maintain the rural character of the Brush Creek Valley by encouraging lower density, conservation oriented and planned unit development, but acknowledge that larger lots and larger homes which are not visible from the public right of way on Brush Creek Road are already established in this particular area and are, therefore, part of its character. Action Items 1. Eliminate the growth management exemption that allows transferable development rights to be used for an initial development right (the first 5,750 sq. ft. of floor area) in the Brush Creek planning area, except under the following circumstances: Where a development right is transferred to a receiver site within the same fathering parcel that fostered the preservation site, and The resulting development is conservation-oriented with a clear conservation benefit relative to wildlife and/or agricultural resources. 2. Continue to allow the Brush Creek planning area to be a receiver site for transferable development rights that may be used to exceed the residential floor area limitation of 5,750 sq. ft., up to a maximum of 15,000 sq. ft. (as floor area is calculated as of the date of this Master Plan). Brush Creek Master Plan 10

11 3. Create a zone district that requires the use of TDRs for additional square footage for existing lots to go beyond 5,750 sq. ft. Require newly created parcels to cluster and reduce density to exceed 5,750 sq. ft. and to be eligible for consideration for exemption from GMQS. Note: The above Action Items (Growth Management Action Items 1 through 3) potentially have a countywide impact on the existing TDR program. The Planning Commission defers a decision on the TDR aspect of this Master Plan (Action Items 1, 2 and 3) until such time as all of the County master plans in process have been submitted and reviewed. At that time, all of the recommendations regarding TDRs may be considered in the context of an overall review of the current TDR regulations. Such a review is currently scheduled on the Community Development Department s work schedule for 2003/2004. A decision on Growth Management Action Items 1, 2 and 3 may also be deferred until such time as the TDR program is reviewed countywide. A. Drainages Water/Sewer Brush Creek is the main drainage in the area. It flows from the northwest and drains into the Roaring Fork River. Water is brought from Snowmass Creek to augment snow-making operations at Aspen Skiing Company facilities in Snowmass Village. B. Water Service The Brush Creek Metro District serves the Brush Creek and Pioneer Springs portions of the Brush Creek planning area. The district maintains the water system for residents of Brush Creek Village, Pioneer Springs, and the Levinson Lot Splits next to Cougar Canyon. All other properties are served by well. Objective/Action There are no plans to expand the water system at this time and amendments will require County approval. C. Water Quality Issues impacting water quality in the Brush Creek drainage are Individual Sewage Disposal Systems ( ISDS ), Snowmass Water and Sanitation District discharges, particulate run-off and Brush Creek Master Plan 11

12 sedimentation from construction and parking areas, run-off from Brush Creek Road and human activities in general causing erosion, sedimentation and loss of aquatic and riparian habitat. According to the 1979 Regional 208 Plan, and reiterated in the Updated Regional 208 Plan in 2002: Downstream from the Snowmass ski area and sewage treatment plant, nearly all chemical concentrations increase as compared to upstream. The large sediment concentrations at this site are from natural run-off and run off from ski area facilities. However, in 1999, the Water Quality Control Commission upgraded the classification of Brush Creek from Aquatic Life Class 2 to Class 1, indicating that improvements have occurred. Objective Monitor wetlands and wells to determine the extent (if any) to which water quality has been impacted by road run-off and/or agricultural practices. Modify run-off and/or erosion control regulations to the extent necessary to ensure that water quality meets or exceeds federal, state and local standards for health/safety and environmental quality. D. Sewage Disposal Properties within the Brush Creek planning area are on individual septic systems. The County is currently assessing the impacts of septic systems on water supply within the Roaring Fork Valley. Objective Monitor water quality to determine the potential for sewage effluent to impact the water supply. Implement modifications to the Individual Sewage Disposal System Code, as necessary, to ensure that water quality in streams and wells meets applicable health/safety and environmental quality standards A. Service Level and Classification Roads Brush Creek Road is a two-lane road that connects the Town of Snowmass Village with Highway 82 and is the main road in the Brush Creek area. The road was designed for Brush Creek Master Plan 12

13 approximately 6,000 vehicles per day. At the present time, the road exceeds its design capacity and carries an average of 8,000 to 10,000 vehicles per day. County traffic counts for Brush Creek Road are summarized in the following table: Brush Creek Road counts Summer 5,391 4,777 8,722 9,038 7,218 8,379 11,810* Winter 5,092 2,811 8,649 8,352 10,313 9,303 8,641 *Data skewed due to traffic diversion from Owl Creek Road. Summer reflects a count completed in June, July or August. Winter reflects a count completed in February or March. Source: Pitkin County Public Works. The proposed Base Village within the TOSV is expected to increase traffic on Brush Creek Road to between 13,000 and 14,000 vehicles per day. There are also concerns about impacts to the intercept lot. Options for service improvements include adding a third lane to all or portions of the road, to provide passing opportunities, or four-laning the road. However, it is the goal of the Town of Snowmass Village to maintain Brush Creek as a two-lane facility. Owl Creek Road serves as a secondary option for entering and exiting the Town of Snowmass Village, however it is a less desirable route due to wildlife issues. Currently it is used primarily for local traffic. The Owl Creek Master Plan recommends enforcing a 30 mph speed limit. The County s 20 year Capital Improvement Plan includes $2.5 million dollars over two years for heavy repair and structural overlay on Brush Creek Road. This is scheduled to occur sometime between 2008 and The County is concerned about the road impacts caused by construction vehicles and increased use of the roadway associated with the Base Village development. The County is requesting developer contributions of $3.8 million to assist in the repair of the roadway. The Brush Creek Metro District provides road maintenance and snow removal on Juniper Hill Road, Medicine Bow Road and several smaller spur roads in the area. Objectives 1. To the extent possible, maintain the rural character of the area and safety for those living along and traveling on Brush Creek Road. 2. To the extent possible, ensure that any road improvements will have minimum impacts to the Brush Creek wildlife migration corridor. 3. Ensure that Brush Creek be maintained as a safe and viable roadway and the primary access from Highway 82 to the Town of Snowmass Village. Brush Creek Master Plan 13

14 Action Items 1. Complete anticipated roadwork as scheduled in the Pitkin County Capital Improvement Plan. 2. Continue to work with the TOSV to coordinate development within the TOSV and the necessary upgrades to Brush Creek Road, while upholding the policies of Pitkin County. Transit Located at the base of Brush Creek Road is a vital transit link for the Aspen/Snowmass Village area. The 200 space intercept lot is a key location for visitors and commuters to the upper valley. It serves as a transfer station for those going to Snowmass Village on Roaring Fork Transit Agency ( RFTA ) buses, special event parking, and commuter parking for those who have driven to the intersection but choose to take public transit into Aspen or Snowmass Village. Currently only about 50 spaces are occupied on an average winter day. Objectives 1. Maintain transit services along Brush Creek Road serving the Town of Snowmass Village. 2. Maintain the intercept lot and continue with planned expansion when appropriate. A. Wildlife Natural Environment The Brush Creek planning area contains significant acreage of high quality wildlife habitat. The interspersion of diverse ecological communities from Gambel oak-serviceberry dominated mixed mountain shrub lands to aspen forest, from willow and sedge dominated wetlands and narrow leaf cottonwood-engelmann spruce-twinberry honeysuckle dominated riparian areas to piñon/juniper woodlands results in a rich vertebrate community. These animals, however, vary tremendously in their ability to adapt to human influences on their habitat. Some co-exist and even thrive in human dominated systems (e.g., coyote, black-billed magpie), some are resilient and can habituate but do have a breaking point when their minimum limiting resources are degraded or depleted (e.g., mule deer, white-tailed jackrabbit), while Brush Creek Master Plan 14

15 others are intolerant of both anthropogenic modifications of, or human activity within their habitat (e.g., Canada lynx, plumbeous vireos). Although there remains undeveloped land in the Brush Creek planning area, it is a rapidly diminishing resource. The Brush Creek planning area encompasses some of the most critical elk winter range, severe winter range, and winter concentration areas in the upper Roaring Fork watershed. These habitats are found primarily on the oak-serviceberry and piñon-juniper dominated southerly facing slopes. In addition, due to development pressure and topographical constraints, the elk migration habitat in, and migration corridors through the Brush Creek planning area are one of the most limiting factors for the animals that winter on Wildcat Ranch, Cougar Canyon, Cozy Point Ridge, and Williams Hill. Consequently, the County should endeavor to protect these habitat areas to the maximum extent possible. The only significant elk calving habitat in the Brush Creek planning area occurs at the top of Cougar Canyon and extends into Wildcat Ranch. At approximately 1,000 acres, this is one of the principal production areas in Pitkin County. The majority of this area, however, occurs on lands annexed by the Town of Snowmass Village. Additionally, there are resident or nonmigratory elk that spend all year in the vicinity of the Brush Creek planning area. Almost all of the slopes from Brush Creek Road to Watson Divide Road provide important winter range for mule deer. The southwest facing slopes extending from the Landfill into Wildcat Ranch down to Besancon Gulch and up to the ridge above Snowmass Creek provide mule deer severe winter range and critical habitat. The Roaring Fork River gorge from below the Aspen Consolidated Sanitation District down to Jaffee Park and including the confluence with Brush Creek has been identified by the Colorado Natural Heritage Program as an area of high biological significance. This designation is warranted by the occurrence of an outstanding example of a narrow leaf cottonwood/blue spruce/thin leaf alder montane riparian forest, which contains a rare orchid (Platanthera sparsiflora var. ensifolia, or canyon bog orchid). Pitkin County Open Space and Trails and Aspen Valley Land Trust have protected most of this area, but portions of this biologically significant area remain privately held. There are high quality wetlands of many different types throughout the Brush Creek planning area. Exposed shale throughout the Brush Creek planning area supports a rare (endemic) plant called Physaria rollinsii or Rollin s twinpod. The diverse habitats within the Brush Creek planning area support many species of songbirds, raptors, and waterfowl. Some of these species (e.g., Brewer s sparrow, Virginia s warbler, MacGillivray s warbler) are declining nationwide as a result of habitat loss. Brush Creek Master Plan 15

16 Objectives 1. Preserve the important wildlife habitat described above. The migration corridors and winter range areas are critical to the persistence of a large portion of the Elk Mountains elk herd. Areas of high biological significance should be protected and extended wherever possible. 2. Continue to study the migration patterns of the elk population. Action Items 1. With the exception of properties currently zoned RS-160, Public and Conservation, and the Brush Creek Village Subdivision, rezone the private land within the Brush Creek planning area to large lot zoning (Large Lot Conservation Zone and/or Large Lot Low Density Zone) with a minimum lot size of 35 acres or greater. Develop incentives to keep larger tracts of land open. Larger than 35 acre lots may be appropriate for properties with more intensive use and 35 acre parcels may be appropriate for less intensive use. This change in zoning will better reflect the current land use pattern and average density in the area and may help to preserve the remaining diverse wildlife habitat by maintaining larger tracts of open lands. 2. Develop guidelines and provide incentives for use of rural clustering in order to preserve larger tracts of critical wildlife habitat and to limit the area of influence of homes on habitat. 3. Encourage Pitkin County and/or a land trust to obtain additional conservation easements in the area to maintain and provide continuity between habitat in the wildlife corridors and critical winter habitat in the Brush Creek, Owl Creek, Wildcat Ranch and Williams Hill areas. A. Existing Open Space Easements Open Space/Trails/Recreation/Tourism Brush Creek has several important open space parcels, totalling approximately 800 acres, that are either owned outright by the County or are protected through conservation easements. A rare plant called Rollin s twinpod has been found in one of the areas protected by a conservation easement. It is not usually found at this altitude. Brush Creek Master Plan 16

17 Most of the parcels with conservation easements are located in the southern portion of the planning area, with the exception of Cozy Point, which is located in the eastern portion of the planning area along Highway 82. As previously noted, a conservation easement limits future uses of the property to recreational and open space uses and allows the construction of one additional agricultural structure and one additional housing unit associated with the operation of the facility. The conservation easement also allows parking for up to three special events per year. Objective Preserve land for its habitat and scenic value. Action Items 1. Protect additional land in the critical elk migration corridors in the Brush Creek planning area through conservation easements, low-density conservation oriented development and/or purchase of important parcels. 2. Rezone publicly owned parcels intended for conservation purposes from AFR-10 to Public. B. Existing Trails Within the Brush Creek planning area there is a bike trail which goes from the intercept lot to Jaffee Park, connecting from there onto the Rio Grande Trail or River Road. People currently use Brush Creek Road to bicycle to and from Snowmass Village. Objective Provide a recreation corridor in the Brush Creek planning area that creates a seamless bike and trail system that will allow connections throughout the Roaring Fork Valley. Action Item Complete the proposed bike trail along Brush Creek Road and connect it to other existing trails in the area. Brush Creek Master Plan 17

18 Agriculture The Droste Ranch is located in the southern portion of the planning area. The lower portion of the ranch is still operated as an irrigated hay field and under a conservation easement with the TOSV and Pitkin County. Cozy Point South is currently operated as an irrigated hay field and provides a rural settling and view plane corridor up the Brush Creek Valley. Cozy Point, owned by the City of Aspen, is used for boarding horses. Pitkin County Land Use Policy Guidelines state the following regarding agriculture: Objectives Productive agricultural land is a limited resource of environmental, cultural, open space, visual and economic value that should be conserved. All new development in areas surrounding or incorporated within existing agricultural properties should be designed to minimize impacts on agricultural operations. The fragmentation of large agricultural lands is discouraged and the assemblage of smaller parcels into larger, more manageable and agriculturally productive tracts is encouraged. Preservation and utilization of water for agricultural lands within the County is encouraged. 1. Provide incentives to cluster development and/or to place conservation easements over agricultural preservation areas within the Brush Creek planning area. 2. As part of land use reviews on specific properties, ensure that water rights have been secured in order to maintain the agricultural use of the valley floor, or, at a minimum, to keep it as green open space and wildlife habitat. Scenic Quality One of the qualities intrinsic to the rural character of Brush Creek is the quantity of open landscape containing irrigated pastures, meadows, and mountain views. The prominent ridgelines to the south and north portions of the Brush Creek corridor within the planning area boundary are mapped under the County s ridgeline review regulations. As a result, development on that ridgeline may be subject to County review. The Down Valley Plan notes: Brush Creek Master Plan 18

19 The Down Valley area is the location of some of the County s most unique and attractive visual resources. These resources include the relatively undeveloped Roaring [Fork] River and Brush Creek corridors. Intrusion of urban-type improvements, poorly sited developments, or the adoption of other policies that would discourage proper land management practices would severely degrade these resources and should be avoided. Pitkin County Land Use Policy Guidelines state the following relative to scenic quality: To the extent possible, the county seeks to protect scenic corridors along highways, county roadways and mountain road systems Appropriate buffer strips should be preserved along federal, state, and local roadways to protect public views, minimize safety concerns and environmental impacts and to preserve corridors for future transportation facilities It is the policy of the County to ensure that the night sky can be viewed by citizens without the interference of unnecessary artificial light from growth, urbanization and highway development Note: The Board of County Commissioners has entered into an Intergovernmental Agreement with the Brush Creek Metro District, which includes specific provisions for dealing with visual concerns within the district. See attached Resolution and Intergovernmental Agreement (Exhibit C). Objective Protect the visual aspect of the rural character of Brush Creek as it is defined by the open landscape containing irrigated pastures, meadows, mountain views, and remnants of agricultural buildings. Action Items 1. Work with neighborhood groups to identify areas within the Brush Creek planning area that are not currently, but should be mapped for scenic review. Develop scenic/visual guidelines to be used as part of development review in the Brush Creek area in order to preserve the existing open valley floor, ridgelines and specific view plane corridors (such as the entrance to the Brush Creek Valley from Highway 82 as seen from the Cozy Point South property). 2. Enforce Pitkin County Lighting regulations. 3. Uphold the IGA with the Brush Creek Metro District relative to scenic review. Brush Creek Master Plan 19

20 Affordable Housing There are caretaker and accessory dwelling units scattered throughout the planning area. The Pitkin County Land Use Policy Guidelines note the following regarding citizen housing: Citizen housing outside of the urban growth boundaries is only acceptable where the densities are appropriate for the surrounding area, and where such development is containable. Caretaker or employee dwelling units may be acceptable uses in a rural environment. The Policy Guidelines are currently reflected in the land use patterns of the Brush Creek planning area in that existing affordable housing is dispersed to reflect the densities in the area. Objective To the extent possible, develop affordable housing within the Urban Growth Boundary area in the County. Allow citizen housing to be considered in the Brush Creek area only under circumstances where densities are appropriate for the surrounding area, and where such development is containable. Caretaker or employee dwelling units may be acceptable uses in the area. Brush Creek Master Plan 20

21 Commercial Development There are currently no commercial uses within the Brush Creek planning area and no new commercial development is anticipated. The Pitkin County Land Use Policy Guidelines note the following regarding new commercial development: Objective New commercial development should be located within established urban growth boundaries unless it is of a scale and capacity deemed to be appropriate within identified boundaries. Preclude commercial uses that would change the rural residential character of the area. Action Item Modify zoning, if necessary, to prohibit commercial uses (other than home occupations as defined in the Pitkin County Land Use Code and agriculture-related commercial uses, such as horse boarding and hay sales) within the Brush Creek planning area. Historic Resource Five properties in the Brush Creek area have been included in an historic inventory completed by Pitkin County. No new historic preservation regulations have been adopted by the County relative to the inventory. Regulations may be considered in the future. Those properties that have been identified to date are primarily from the turn of the last century. Newer properties may be inventoried in the future. The properties currently inventoried in the Brush Creek area are listed below: 660 Brush Creek Road Droste Barn and House Cozy Point Ranch Objective Provide incentives to property owners to protect historic resources on their property(s) that are pertinent to the history of Pitkin County. Brush Creek Master Plan 21

22 Action Item Revise the Pitkin County Land Use Code to include incentives for protection of historic resources on properties that are pertinent to the history of the County. Brush Creek Master Plan 22

23 Mineral Extraction In recent years, mineral extraction has not been actively pursued in the Brush Creek planning area. Objective In the event that mineral extraction is practiced in the Brush Creek area, it should be done in an environmentally sound manner, subject to Pitkin County Land Use Code regulations. Brush Creek Master Plan 23

24 IMPLEMENTATION/SUMMARY OF ACTION ITEMS Brush Creek Boundary Area Action Item Amend the boundary to the south along the ridgeline to exclude portions of the Droste and Seven Star portions of the planning area. This area, on the south side of the ridgeline, will be incorporated into the Owl Creek planning area. Amend the boundary on the southeast portion of the planning area to include the Airport property northwest of the ridgeline. Delete the east side of the Roaring Fork River north of True Smith Hill and incorporate it into the Woody Creek planning area by amending the Down Valley Plan to be consistent with the 1991 Woody Creek Master Plan. Delete the two properties to the west of the TOSV (Gentry Lot Splits and Hidden Meadows Subdivision) and place these parcels within the Capitol/ Snowmass planning area. Zoning Action Items 1. Rezone the Landfill to Public from Unclassified (U). 2. With the exception of properties currently zoned RS-160, Public and the Brush Creek Village Subdivision, rezone the private land within the Brush Creek planning area to large lot zoning (Large Lot Conservation Zone and/or Large Lot Low Density Zone) with a minimum lot size of 35 acres or greater. Develop incentives to keep larger tracts of land open. Larger than 35 acre lots may be appropriate for properties with more intensive use and 35 acre parcels may be appropriate for less intensive use. This change in zoning will better reflect the current land use pattern and average density in the area and may help to preserve the remaining diverse wildlife habitat by maintaining larger tracts of open lands. 3. Consider the development of a zone district for Brush Creek Village Subdivision that would make the lots conforming. 4. Rezone Open Space and Trails owned (County owned) parcels and parcels with long term conservation easements to a Conservation District intended to apply to locally- owned public parcels that have been purchased for and/or dedicated to conservation uses. 5. Rezone publicly owned and operated parcels and facilities that are currently zoned AFR-10, such as the CDOT intercept lot, Aspen Mass and Cozy Point, to Public. Special District/IGA/Coordination with Adjacent Master Plans Action Items 1. The County should acquire aviation easements for all new development that is identified by the Airport Master Plan or this Master Plan as having an influence on, or being influenced by the Airport. (Reference Pitkin County Airport Master Plan Map). Brush Creek Master Plan 24

25 2. The Aspen Area Community Plan and the Town of Snowmass Village planning areas abut the Brush Creek planning area. Therefore, the following issues need to be considered: Brush Creek Road, parking at the intersection of Highway 82 and Brush Creek Road as it relates to the CDOT intercept lot and Cozy Point Ranch and the scenic view plane as viewed from Brush Creek Road. Growth Management/House Size Action Items 1. Eliminate the growth management exemption that allows transferable development rights to be used for an initial development right (the first 5,750 sq. ft. of floor area) in the Brush Creek planning area, except under the following circumstances: Where a development right is transferred to a receiver site within the same fathering parcel that fostered the preservation site, and The resulting development is conservation-oriented with a clear conservation benefit relative to wildlife and/or agricultural resources. 2. Continue to allow the Brush Creek planning area to be a receiver site for transferable development rights that may be used to exceed the residential floor area limitation of 5,750 sq. ft., up to a maximum of 15,000 sq. ft. (as floor area is calculated as of the date of this Master Plan). 3. Create a zone district that requires the use of TDRs for additional square footage for existing lots to go beyond 5,750 sq. ft. Require newly created parcels to cluster and reduce density to exceed 5,750 sq. ft. and to be eligible for consideration for exemption from GMQS. Note: The above Action Items (Growth Management Action Items 1 through 3) potentially have a countywide impact on the existing TDR program. The Planning Commission defers a decision on the TDR aspect of this Master Plan (Action Items 1, 2 and 3) until such time as all of the County master plans in process have been submitted and reviewed. At that time, all of the recommendations regarding TDRs may be considered in the context of an overall review of the current TDR regulations. Such a review is currently scheduled on the Community Development Department s work schedule for 2003/2004. A decision on Growth Management Action Items 1, 2 and 3 may also be deferred until such time as the TDR program is reviewed countywide. Road Action Items 1. Complete roadwork, as scheduled in the Pitkin County Capital Improvement Plan. 2. Continue to work with the TOSV to coordinate development within the TOSV and necessary upgrades to Brush Creek Road, while upholding the policies of Pitkin County. Brush Creek Master Plan 25

26 Natural Environment Action Items 1. With the exception of properties currently zoned RS-160 or Public and the Brush Creek Village Subdivision, rezone private land within the Brush Creek planning area to large lot zoning (Large Lot Conservation Zone and/or Large Lot Low Density Zone) with a minimum lot size of 35 acres or greater. Develop incentives to keep larger tracts of land open. Larger than 35 acre lots may be appropriate for properties with more intensive use and 35 acre parcels may be appropriate for less intensive use. This change in zoning will more accurately reflect the current land use pattern and average density in the area and may help to preserve the remaining diverse wildlife habitat by maintaining larger tracts of open lands. 2. Develop guidelines and provide incentives for the use of rural clustering in order to preserve larger tracts of critical wildlife habitat and limit the area of influence of homes on habitat. 3. Encourage Pitkin County and/or a land trust to obtain additional conservation easements in the area to maintain and provide continuity between habitat in the wildlife corridors and critical winter habitat in the Brush Creek, Owl Creek, Wildcat Ranch and Williams Hill areas. Open Space/Trails/Recreation/Tourism Action Items 1. Protect additional land in the critical elk migration corridors in the Brush Creek planning area through conservation easements, low-density conservation oriented development and/or purchase of important parcels. 2. Complete the proposed bike trail along Brush Creek Road and connect it to other existing trails in the area. Scenic Quality Action Items 1. Work with neighborhood groups to identify areas within the Brush Creek planning area that are not currently, but should be mapped for scenic review. Develop scenic/visual guidelines to be used as part of development review in the Brush Creek area in order to preserve the existing open valley floor, ridgelines and specific view plane corridors (such as the entrance to the Brush Creek Valley from Highway 82 as seen from the Cozy Point South property). 2. Enforce Pitkin County Lighting regulations. 3. Uphold the IGA with the Brush Creek Metro District relative to scenic review. Brush Creek Master Plan 26