HomeMy WebLinkAboutbocc.res.101.2009RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTHIN COUNTY,
COLORADO, GRANTING APPROVAL FOR THE WASTON DIVIDE RANCH, LLC MINOR
AMENDMENT TO A DEVELOPMENT PERMIT AND AGRICULTURAL MASTER PLAN
Resolution No. ~-2009
RECITALS
1. Watson Divide Ranch, Ina ("Applicant") has applied to the Board of County Commissioners of
Pitkin County ("BOCC") for approval of a Minor Amendment to a Development Permit and
Agricultural Master Plan, to enlarge a landscape envelope and obtain approval for extensive
additional landscaping in the "Pond Development Envelope 1".
2. The property is located along Watson Divide Road and is more specifically described as Exhibit A.
3. The property is zoned RS-30 PUD and contains approximately 554 +/- acres.
4. The Property received approval Vacating the Aspen Village Commons Subdivision and Associated
Affordable Housing; Granting Scenic Overlay Approval of the Single Family Homesite, Single
Family Parcel 1041 Hazard Review Approval, GMQS Exemption and Special Review for a
Caretaker Dwelling Unit; Conceptual Submission Approval for a Single Family Homesite near
Watson Divide; Special Review Approval for a Ranch Manager Employee Dwelling Unit on the
Ranch Parcel pursuant to BOCC Resolution No. 96-143. The Ranch then received an Extension of
Vested Real Property Rights pursuant to BOCC Resolution No. 98-86.
Additionally, the Ranch received Minor Amendments to a Development Permits pursuant to BOCC
Resolution No. 233-2002, which amended the roof criteria, and BOCC Resolution No. 080-2003,
which amended the Ranch Manager's envelope on Parcel B and approval of the Watson Divide
Inc., Agricultural Master Plan. The Applicant received approval to exceed 15,000 square feet in
floor area pursuant to BOCC Resolution No. 109-2005 and to utilize 115 square feet of floor area
remaining from a TDR, pursuant to Administrative Decision No. 041-2006.
6. A large percentage of the Watson Divide Ranch property is held under a Conservation Easement,
currently managed by the Aspen Valley Land Trust. Said Conservation Easement is recorded at
Reception No. 421370.
7. Parcel A received a Notice of Violation in February 2008 for the extensive landscaping without
approval, which was also located outside the approved envelope labeled "Pond Development
Envelope 1 ".
8. The BOCC finds that the proposed amendments to the "Pond Development Envelope 1" and the
Agricultural Master plan can be made consistent with the requirements of the Land Use Code.
RECEPTION#: 566261, 01/1512010 at
04:19:10 PM,
'~ OF 6, R $0,00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
BOCC RESOLUTION NO.~-2009
Page 2
NOW, THEREFORE, BE YT RESOLVED by the Pitkin County Board of County Commissioners
that it hereby grants approval for the Watson Divide Ranch Inc Minor Amendment to a Development
Permit to enlarge the "Pond Development Envelope 1" and reduce the Historically Irrigated Hay/Pasture
Development Envelope 1" and Amend the Agricultural Master Plan to reflect these changes, 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 during the application process.
2. The Applicant shall comply with the provisions of Board of County Commissioners' Resolution
Nos. 96-143, 98-86, 233-2002 and 080-2003, unless otherwise replaced or amended by the
conditions of this approval.
3. Within 60 days of the date of approval of this Resolution and prior to submission of any further
development permit applications, the Applicant shall be required to submit for approval by the
County Attorney and Community Development Department an amended landscape plan for "Pond
Development Envelope 1" in accordance with Land Use Code Section 2-30-20(g) and Application
Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to
finalization and recordation. The Mylar copy of the plat shall be signed by the owner prior to
submittal for recording. The plan shall also incorporate the following changes:
A. Reduce, by thinning or removal the number of trees (spruce and deciduous) from the
proximity of the northern edge of the pond to the intersection of Watson Divide Rd and
the driveway to reduce the impact of the public view plane as shown in the attached
landscape plan, Exhibit B.
B. Amend the "Pond Development Envelope 1" along the southeastern corner to include the
small clump of spruce and cottonwoods in the development envelope (along the driveway
and path).
C. Clearly label and differentiate the two envelopes on the landscape plan, "Pond
Development/Landscape Envelope 1" and HaylPasture Development Envelope 1".
D. In order to clarify the boundaries of the many activity envelopes, submit one drawing
with only the activity envelopes displayed and accurately labeled.
E. Submit one (1) single landscape site plan on a separate sheet, depicting all the detail
shown on L1.1 and L1.2 including the plantings.
F. All removal, thinning and transplanting work shall be completed by June 1, 2010.
4. No approval shall be granted to the following fruit or berry producing trees/shrubs to comply with
CDOW recommendations for no nut, fruit or berry producing trees or shrubs to be used in
landscaping to minimize bear attractants; Condition # 11 of BOCC Resolution No. 080-2003,
"Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black
bear activity in this area."
1. Boulder Raspberry
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BOCC RESOLUTION NO~-2009
Page 3
5. Any failed vegetation in the "Pond DevelopmentJLandscape Envelope 1" shall be removed within 30
days and~not replaced.
6. Decorative lighting (e.g. Christmas tree lights, etc.) shall only be allowed subject to the Pitkin
County Land Use Code and in areas not subject to the Conservation Easement recorded at Reception
No. 421370.
APPROVED ON THE 16th DAY OF December, 2009.
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
1
Patty Kay-Clapper, air
APPROVED AS T.O CONTENT:
Cindy Houben
Community Development Director
Case #PP039-09
2643-063-00-001
2643-013-00-012
Jones, C1e~ Io the BOCC
VED AS TO FORM:
John Ely
Count~.A
p~oc~ ~so~m o~ rso - ~ -2-009
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LEGrfL DESCRIP770N
`•
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PARCEL•A.
A parcel of land situated in Sections 1, 2•and Z2 of Township 9 South,
86 West of the 6th Principal Heridian, Pitkin County, Colorado descrzl
follows: •
-~ Beginning at the E 1•/4 .Section 1, said point being the Point of Beginr.
• thence 5 85°59.42" W, 3742.68 feet; _
thence S 29 °30'21 " T1, 166.79 feet;
a thence S 37°0.8'11" W, 420_24 feet;
thence N 76°11'39" W, 812.56 feet;
thence- S 53 °16'21" W, 323.79 feet; '
• thence 5 26°54'16" TJ, 127.90 feet;
1 thence S 03 °27'50" P, 325.44 feet; •
- thence •N 82°06'45" W, 180.18 feet;
"'` thence N 16°16'22" F7, 26_94 feet;
thence 165.68 .feet along a curve to the left, having a radius•of 128.4.
'- a ceistraZ angle of 76°17'25" and a chord of which hears. N 54 °24 `53" W,
feet;
~~_.:. •.
thence S 87 °26'19" W., 80 .45 feet;
thence 344.67 feet along.a curve to the left, having a radius of 90.16
,~ a central angle of 9.~1 °56'05" and a chard of which bears- S 41 °2,8'I8" W,
feet; •~.. •
thence S 04 °29'47^~ E, 106_53 feet;
thence 6'5..44 feet along a curve to the left, having a radius of 230.62
central angle of Z6°15'33" and a chord of which bears 5 IZ°37'36" E, 6
feet;
_ thence S ZO°45'25" E, 29_17 feet;
thence 73.78 feet along a curve to the right, having a radius of 28 _25
central angle of 149.°38'18" and a chord of which bears S 54 °03'44" W,
' feet;: - - •--.._.. _
_ thence N 5I°07'35" W, 49_23 feet; .
• thence 61.I2 feet along a carve to the right, having a radius of ZI5.5
a central angle of 30°18'33" and a chord of which bears N 24°43'41" W,
• feat; - ' _
-' thence N 09°34'25" W, 210.91 feet;
• thence N 01 °39'08" W., 121 _7I feet; •
thence N 89°43'08" W., 332.45 feet;
_ thence S 28°30'08" E•, 1092.47 feet; •
thence 5 51 °35'08" E, ZOD _ 60 feet;
_ thence S D3°01'52" W., 132.30 feet;
• thence S 4I°36'08" •E, 102.00 feet;
- ~ thence N 75°03'08" E,'142.45 feet;
thence 5 87°18'51" E, 22.16 feet;
thence 5 51 °35'08" E, 254.20 feet;
thence'S 07°14'44" E., 2158.42 feet;
thence S 39°20'50"•W, 661.80 feet;
thence S 24°09'52" W, 355.48•feet; •
thence 5 00°18'48-" E, ZI85.fi3 feet to the boundary of Wildcat Ranch;
• - Continued on next page
4
~~~ ~
continuation of Schedule A - Lsga1 bescription
• order Number: D0024304 • •
. thence. a.2ong the boundary of Wildcat P.asrch;
thence N 63°09'56" E, 562.10 feet;.
thence N 35°20'56" E, 678.18 feet;
thence X 39°51'I4" E, 69.90 feet; '
i thence•X 63°02'14" E, 254.97 feet;
J thence N 72 °•19'37" E, 577.52 feet;
thence N 39°51'31" E, 700.41 feet;
' thence N 76 °01 '41" E, 663 .I9 feet;
thence N 80°SI'09" E, 563.90 ,feet;
tl=erce'S 56°02'39" E, 573.52 feet;
thence.N 85°39'41" E, 897.65 feet; .
M1 thence S 75 °40 •27" E, 625.25 feet;
_ thence N 03°06'45" W, 619.18 feet departing the Wildcat Ranch boundar}
•
thence=S 89°17'23" A, 315.27 feet;
' thence N 00°IO'4i" W, .3420.42 feet; '
thence 187':•19 feet along a curve to the right, having a radius of ?I5.
J a central angle of 49°53'00" and- a chord of,which hears N.48°I 6'32" E,
feet;
' thence N 12°05'10" E., 49P.35 feet to the Point of Bsginning_ ~
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