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Home My WebLink Aboutbocc.res.118.2008RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, APPROVING THE HARDY SUBDIVISION EXTENSION OF VESTED REAL PROPERTY RIGHTS, SPECIAL REVIEW FOR TDRS AND AMENDMENT TO A DEVELOPMENT PERMIT Resolution No. / f~ -2008 RECITALS Gordon A. Hardy Trust, the Lillian S. Hardy Trust, John S. Hardy, Christopher $. Hardy, Susan H. Suechting, and Suzanne J. Gabriel as personal Representative of the Estate of Jeffrey P. Hardy ("ApplicanY') have applied to the Pitkin County Board of Counry Commissioners ("BOCC") to request a three year extension of the vested rights associated with the subdivision approvals, as they apply to Lots 1, 2 and 3. The Applicant is also requesting an amendment to the prior approvals to permit the use of TDRs to recapture previously exempt subgrade and garage floor area. 2. The property is bcated on the west side of Castle Creek Road, approximately 1.5 miles from the roundabout, and described as Lots 1, 2 and 3, Hardy Subdivision. 3. The lots are zoned AR-10 and contain 31.529 (Lot 1), 25.810 (Lot 2) and 40.065 (Lot 3) acres. 4. The BOCC approved the subdivision pursuant to Resolution Nos. 94-61, 95-241 and 98-34. Growth management quota system allotments were obtained for the three new lots, pursuant to Resolution Nos. 94-46 and 94-168. The BOCC granted a 10 year extension of the vested rights for the subdivision, pursuant to Resolution No. 99-189; the vested rights expire on October ] 3, 2009. The Applicant voluntarily limited the floor area to 7,000 square feet, as calculated based on the floor area definition in effect at the time of building permit application. 5. The Community Development Director approved a minor amendment to allow the phasing of the subdivision improvements, to accommodate the sale and development of Lot 4. A single 1'amily residence has since been constructed on Lot 4. A 5,000 square foot single family residence and a 600 square foot carataker dwelling unit were built on Lot 3 in the 1970s. 6. The BOCC heard this application at a duly noticed public hearing on October 22, 2008 at which time evidence and testimony were presented with respect to this apptication. 7. The BOCC finds that the subdivision has provided significant benefits to the County, including a voluntary floor area limitation, dedication of a trail easement and a conservation easement, and development below allowable density, and two of the three new lots that were approved have remained undeveloped, and that it is appropriate to grant an extension of the vested rights. 8. i'he SOCC further finds that the proposed amendment to allow the use of TDRs for subgrade and garage space complies with the applicable criteria in the Code. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Hardy Subdivision Extension of Vested Rights, Special Review and Amendment to a Development Permit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: RECEPTION#: 554446, 11/20I2008 at 03:34:53 PM, 1 OF 3, R$0.00 Doc Code RESOLUTION Janice K. Vos Caudiil, Pitkin County, CO ~D Resolu~ion No. ~-'008 Page ? 1. The Applicant shall adhere to all material representations made in public hearings and in the appl ication. 2. This vested right is granted in association with the subdivision and growth management approvals granted pursuant to BOCC Resolution Nos. 94-46, 94-61, 94-168, 95-241 and 98-34, as they apply to Lots l, 2 and 3. These approvals shall remain in full force and effect, except as amended herein. 3. Each of Lots 1, 2 and 3 has obtained a growth management ailotment that provides for a base maximum floor area of 7,000 square feet. The gross floor area on each of Lots l, 2 and 3 shall be limited to 11,750 square feet, of which 750 square feet shall only be used for a garage and 4,000 square feet shall only be used for subgrade space. To attain the 750 square feet for the garage and the 4,000 square feet of subgrade space (or a portion thereo~, the Applicant shall surrender up to two TDR Certificates and a copy of the deed(s) evidencing the ApplicanYs acquisition of the Certificates (if applicable) at building permit application for the residence. 4. W ithin 90 days of the date of this approval, the Applicant shall record a Second Amendment to the Protective Covenants for the Hardy Subdivision to reflect the amendments approved herein. Paragraph 1(c) of the draft Amendment shall be revised as follows: "Article II(2)(e) is amended in its entirety to read as follows: On each of Lots 1, 2 and 3, the residence shall be limited to a gross floor area of 11,750 square feet, provided that 750 square feet shall only be used for a garage and 4,000 square feet shall only be used for subgrade space. To attain the 750 square feet for the garage and the 4,000 square feet of subgrade space (or a portion thereo~ on Lots 1, 2 and 3, the Applicant shall surrender up to two TDR Certificates and a copy of the deed(s) evidencing the ApplicanPs acquisition of the Certificates (if applicable) at building permit application for the residence. On Lot 4, the residence shall be limited to a maximum floor area of 7,000 square feet. Floor area calculations shall be based on the Land Use regulations in effect at the time a building permit is applied for on a particular Lot." 5. Prior to submission of any building or other development permit applications for Lots l, 2 and 3, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 ofthe Code. 6. Statutory vested rights for the approvals referenced 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 October 13, 2012. ~ -~ Resolution No.1~Y -2008 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 21s` day of September, 2008. APPROVED AND ADOPTED on the 22nd day of October, 2008. PUBLISHED AFTER qDOPTI~~ESTED REAL PROPERTY RIGHTS in the Asaen Times Weeklv on the ~ day of 008. APPROVED AS TO FORM: ~ ~ - John Ely, ~- ~ County~ ~ID2-o g Case #P-181-9&- PID 273514402001;273514402002;273514402003 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Gtt~ ! - C~-J Jack Hatfield, Cha rman Date: ~~' ~ 7 " ~~ APPROVED AS TO CONTENT: ~ ~, ,~.. C~~ &~~ ~ Ci~ndy Houben, Community Development Director u 3