HomeMy WebLinkAboutbocc.res.036.2009RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE HEDGES SUBDIVISION EXEMPTION TO
CREATE AN OPEN SPACE PARCEL
Resolution No. ~~-2009
RECITALS
James Hedges ("Applicant") has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") to subdivide a 6.142 acre parcel in order to create a 1.354 acre parcel to convey to
the County as the "Dottie Fox Memorial Park", an open space parcel and comply with a condition
imposed during a prior land use approval. The balance of the parcel will remain in ownership by Mr.
Hedges.
The parcel received 1041 Hazard Review approval pursuant to Hearing Officer Determination No. 36-
2002 (Rec. No. 472700) to establish a building envelope to develop a single family residence. Other
approvals that apply to this parcel include H.O. Determination No. 14-2004 (Rec. No. 499313), BOCC
Resolution No. 070-2007 (Rec. No. 541436) and Administrative Determinations Nos. 118-2007 and 37-
2008 (Rec. No. 545316 and 549110). A Site Plan has been recorded at Book 86, Page 65 (Rec. No.
546847).
The Applicant is conveying the 1.354 acre parcel in order to comply with Condition #5 imposed on the
fathering parcel pursuant to Hearing Officer Determination No. 019-2004 and the reinstatement of
vested rights pursuant to BOCC Resolution No. 070-2007. Additionally, the Applicant was conditioned
to provide an improveinent and maintenance plan for the overlook.
4. The remaining 4.788 acres to be subdivided will be retained by the Applicant. The fathering parcePs
development right, associated with the 6.142 acre parcel remains attached to the 4.788 acre parcel.
5. The property is zoned RS-30 and contains approximately 6.142 acres.
6. The property is located on Watson Div ~de Road and is described more specifically in E~ibit A. The
1354 acre parcel will be conveyed to the County in fee as the Dottie Fox Memorial Park, and shall be
utilized as public open space.
7. The BOCC reviewed the application at a duly noticed public hearing on May 13, 2009, at which time
evidence and testimony were presented with respect to this application.
8. The BOCC fmds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado, that it does hereby approve the Hedges Subdivision Exemption to create the Dottie Fox
Memorial Park, an open space parcel, subject to the following conditions, which shall run with the land and
be binding on all successors in interest:
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Resolution Na ~~~, -2009
Page 2
All terms and conditions of Hearing Officer Determinations Nos. 36-2002 and 019-2004, BOCC
Resolution No. 070-2007 and Administrative Determinations Nos. 118-2007 and 37-2008, shall remain
in full force and effect, except as amended herein.
2. Condition #5 of Hearing Officer Determination No. 019-2004 shall be amended with the following
language: "Prior to the issuaizce of a buildi»g perrnit, the Applicant shall, in lieu of a conservation
easenzent donation of the overlook, convey to tlze County the fee title for the 1.354 aci°e parcel as the
Dottie Fox Memorial Pa~°k. The Applicant shall also provide a cash paynaer~t of $17, 000 in lieu of
landscaping said parcel. "
3. The Applicant shall submit a Subdivision Exemption Plat to the Community Development Department
for approval and recording, within 90 days of approval.
4. Tbe Applicant shall adhere to all conditions and material representations made in the application and
public meetings except as amended herein.
PUBLISHED IN THE ASPEN TIMES on the 12 day of April, 2009.
APPKOVED AND ADOPTED this 13th daY of May, 2009.
T:
Jones, ClerJ~lto the BOCC
U
~ED AS TO FORM:
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~
John Ely, County A~y
PID# 2645-013-00-101
P016-09
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By ~ ~
Patti Kay-Cla~per, Chai
Date ~6- Iv~O~I
APPROVED AS TO CONTENT:
~, .- ' j
z ~
C`~ridy ouben,
Community Development Director
~
Resolutio» Na ~3~' -2009
Page 3
EXHIBIT "A"
A TRACT OF LAND SITUATED IN SECTION 2, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6T'' P.M.,
PITKIN COUNTY, COLORADO, DESCWBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE 1/4 CORNER COMMON TO SAID SECTIOINS 1 AND 2.
BEARS S 89°43'08"E 156.15 FEET AND N 00°02'08"W 693.00 FEET:
THENCE S 00°00'00"E 78.13 FEET:
THENCE S 87°26"23"W 80.45 FEET:
THENCE 144.67 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 90.16 FEET
(THE CHORD OF WHICH BEARS S 41 °28' 18"W 129.64 FEET)"
THENCE S
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