HomeMy WebLinkAboutbocc.res.059.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,APPROVING THE PAEPCKE DEVELOPMENT LLC APPLICATION
FOR THE ERICKSON/DUROUX RANCHES SUBDIVISION/PUD DETAILED SUBMISSION
AND FINAL PLAT
Resolution No.059-2001
RECITALS
1. Paepcke Development LLC("Applicant')has created 2 parcels of 35+acres each,which does not
legally constitute a subdivision within the purview of the County's subdivision review authority. The
Applicant proposes to accommodate one new single familyresidence and a caretaker dwelling unit on Parcel
1 (Receiver Site A)and to subdivide Parcel 2(Receiver Site B)into four single family lots and an open space
parcel.
2. The Applicant's parcel is zoned AFR 10 and contains 199 acres.
3. Said parcel is located on Red Mountain,immediately west of the Red Mountain Subdivision, and is
more specifically described in Exhibit A.
4. The Planning and Zoning Commission reviewed the application at a regularly scheduled meeting on
January 2, 2001,and recommended approval by a vote of 5-0.
5. The BOCC reviewed the application on first reading at a duly noticed public hearing on March 14,
2001,and on second reading at a public meeting on March 28,2001, at which time evidence and testimony
were presented with respect to this application.
6. The BOCC finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the
Erickson/Duroux Ranches Subdivision/PUD Conceptual Submission, 1041 Hazard Review, Special Review
and GMQS Exemption, subject to the following conditions,which shall run with the land and be binding on
all successors in interest:
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Resolution No.Ag-2001
Page 2
1. The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36
inches in size with a 1 1/2 inch margin on the left side and a 1/2 inch margin on the other sides,and
drawn to scale which is not less than 1 inch= 100 feet,and shall otherwise comply with the
provisions of Section 5-40-020 of the Land Use Code. The Final Plat shall also be submitted in
digital format acceptable to the Community Development Department for incorporation into the GIS
system.
2. Prior to recordation of the Final Plat,the Applicant shall:
A. Present proposed names for roads within the subdivision to the Community Development
Department to ensure the names are unique and do not duplicate existing road names in the
County.
B. Submit the amended Subdivision Agreement for review and approval by the Community
Development Department and the County Attorney for form and compliance with the
development approval.
C. Provide certification from the County Treasurer's office that all ad valorem taxes applicable
to the parcel have been paid for all prior years.
D. Document the type and location of existing,non-conforming fencing on the property.
E. Obtain final approval from the County Engineer with regard to the driveway and drainage
plans.
3. Concurrent with recordation of the Final Plat,the Applicant shall record the Subdivision
Agreement.
4. The Applicant shall amend the Final Plat as follows,prior to recordation:
A. Designate the access easement referenced in the Subdivision Agreement that will be located
above the"Wildlife Boundary."
B. Delineate the well and service line easements on Lots 1-4.
5. The Subdivision Agreement shall be amended as follows,prior to recordation:
A. Article 11,paragraph l(b): Amend to reference theAFR-10 zone district.
B. Article 11,paragraph l(f): Specify that the bunkhouse shall be limited to its existing size,
and specify that size. In addition, specify that expansion of the barn is permitted, subject
to the limitations in the Code for agricultural structures.
C. Article II, paragraph 1(h)(iii): Specify that underground utilities shall be located within
or along roadways only, unless another location is approved by the Community
Development Department and the County Engineer.
D. Article II,paragraph 4(e): Amend the final sentence as follows,"If an Individual Driveway
exceeds 30 inches within the required setbacks,a variance...."
E. Article II,paragraph 11: Add a provision requiring each lot owner to make a cash-in-lieu
payment for PM10 mitigation,prior to issuance of a building permit for their respective
residence. If at that time the Environmental Health Department has not instated a cashin-
lieu program and/or the required mitigation is not acceptable to the lot owner, the lot owner
shall cooperate with Environmental Health Department to determine an alternative,mutually
acceptable mitigation proposal.
F. Article 11,paragraph 12(c): Replace with the following: "Roofs shall have a Class A non-
combustible roof system. Wood shake/shingle roof coverings are prohibited in all wildfire
hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas
unless they comply with the following:
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Resolution No4Of-2001
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1) All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3) All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline,such as parapets,shall be prohibited.
4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5) All roof designs,coverings,or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application."
G. Article II,paragraph 16: Amend to require compliance with the regulations in effect at the
time of installation.
H. Article II: Require compliance with the Construction Management Plan for construction of
the residences on the individual lots/parcels.
1. Article IV: Reference and require compliance with the Construction Management Plan and
Fugitive Dust Control Plan,which shall be attached tothe Subdivision Agreement.
6. The Applicant shall amend the Construction Management Plan as follows,prior to recordation:
A. Provide specific methods to handle traffic to and from the construction sites.
B. Provide a schedule for completion of the common improvements.
C. Specify in the hours of operation that construction noise is prohibited between 7 PM and 7
AM, as well as on Sundays and federal holidays.
7. 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 rA*A" Q r , 2016.
8. The Applicant shall comply with all mat rial representations made in the application and in public
meetings and hearings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the I e day of
February,2001.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the I e day of March,2001.
APPROVED AND ADOPTED AFTER SECOND READING on the 28 h day of March, 2001.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 7�day of A14
20010or< Vr57&b R1GiI7S NOT/CC'.
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Resolution No.490-2001
Page 4
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
4 94
By
;d;eUe)F.
ST: Michael C. reland, h it
Date o — ,g7-ot
Dean
Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
OCNMe �PU_ C}}
John Ely, Cintly Houben, 411100
County,Atfomey Community Development Director
Case#P132-00
PID#273501100002
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EXHIBIT "A"
LEGAL DESCRIPTION -Sti0,7N rzAlJC1+
A tract of land situated in the North of the Southwest, the Northwest of the Southeast and Goverment Lots 9, 10, 11, 12
and 13 all of Section 1, Township 10 South, Range 85 West of the 6th P.M. being the major portion of the Erickson Ranch
as described in Book 166 at Page 603 of the real estate records of Pitkin County, Colorado all described as follows:
Beginning at a point on the North line of said Erickson Ranch whence the
Northwest comer of the Northeast of the Southeast Quarter of said
Section 1 (3 inch aluminum cap LS 9184) bears S 28°OT51" E 603.20 feet;
thence along the North line of said Erickson Ranch as follows:
N 77030'W 81.99 feet;
N 79°30'W 116.60 feet;
N 76°30'W 125.40 feet;
N 82000'W 120.00 feet;
S 87030'W 262.20 feet;
S 87000'W 167.80 feet;
S 86000' E 60.40 feet;
S 88°00'W 873.50 feet;
S 35000'W 197.60 feet;
N 65000'W 201.70 feet;
N 77°30'W 119.80 feet;
N 71°00'W 67.00 feet;
N 57°00'W 64.00 feet;
N 69°00'W 82.00 feet;
N 83°30'W 116.00 feet;
S 87030'W 157.60 feet;
N 88°00'W 85.00 feet to the center of the Salvation Ditch, which point is approximately 15 feet in a Southwesterly
direction from from the Southern end of the metal flume trestle which carries the Salvation Ditch water across a small gully
at this point;
thence Southeasterly along the Salvation Ditch to a point from whence Station No. 55 of the Salvation Ditch according to
the record of the same in the Office of the County Clerk and Recorder of Pitkin County bears S 33*30' E and is 105 feet
distant;
thence N 01030' E along the Easterly line of said Erickson Ranch to a point being S 01°30'W 398.45 feet from the said
Northwest comer of the Northeast of the Southeast of Section 1;
thence West 273.97 feet to a number 4 rebar with red cap"LS 16129";
thence North 930.26 feet to the point of beginning.
Together with an easement and right of way for a road across the Connaughton Ranch as granted in the instrument
recorded July 12, 1899 in Book 142 at Page 81.
And togther with a 60 foot wide access easement and right of way as reserved in the Deed recorded July 6, 1962 in Book
198 at Page 195, and the Memorandum Agreement recorded August 24, 1966 in Book 222 at Page 259.
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' EXHIBIT "A"
LEGAL DESCRIPTION eAl�C+t
A tract of land situated in the East One-Half of Section 1, Township 10 South, Range 85 West of the 6th P.M. being the
Easterly portion of the Erickson & Duroux Ranches as described in Book 166 at Page 603 and Book 183 at Page 187 of
the Real Estate records of P'itkin County, Colorado, and described as follows:
Beginning at the Northwest comer of the Northeast of the Southeast of said Section 1 (3 inch aluminum cap LS 9184);
thence S 89°OT E 1,333.19 feet along the North line of the Northeast of the Southeast of said Section 1 to the East comer
(1978 BLM Brass Cap);
thence N 01018*20" E 2,620.06 feet more or less along the East line of Government Lots 8 and 1 to the Northeast comer of
Section 1 (1914 GLO Brass Cap);
thence N 88037'W 261.43 feet more or less along the North line of said Government Lot 1 to the SE comer of Section 36,
Township 9 South, Range 85 West of the 6th P.M. (1914 GLO Brass Cap);
thence continuing along the North lines of Government Lots 1 and 2 N 88034'35"W 1,416.21 feet more or less;
' thence South 3,038.639 feet to a number 4 rebar with a red cap"LS 16129%
thence East 273.97 feet more or less to the Easterly line of the Northwest of the Southeast of said Section 1;
thence N 01030' E 398.45 feet more or less to the point of beginning.
' Together with an easement and right-of-way for a road across the Connaughton Ranch as granted in the instrument
recorded July 12, 1899 in Book 142 at Page 81.
And together with a 60 foot wide access easement and right-of-way as reserved in the Deed recorded July 6, 1962 in Book
198 at Page 195 and the Memorandum Agreement recorded August 24, 1966 in Book 222 at Page 259.
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