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Home My WebLink AboutBOCC Packet 06092010 RS InternationalMEMORANDUM TO: Board of County Commissioners Regular Meeting — June 9, 2010 . +�;�.z,.,- �-�k TARU: Cindy Hoube�i, Community Development Director FROM: Mike Kraemer, Planner ��/� RE: 1999 RS International Reinstatement of Vested Property Rights — clarification on motion SiTMMARY: The Applicant is seeking clarification on a motion by the BOCC that granted a 5 year extension of vested rights. Specifically, the Applicant requests clarity as to whether or not the BOCC intended to include a 2 year restriction on construction as part of the approval. Attachment A outlines the Applicant's need for the clarifcation. APPLICANT: 1999 RS International Trust REPRESENTATIVE: Bart Johnson LOCATION: The Lot is located off Snowmass Creek Road at the intersection of Watson Divide Road — 3500 Snowmass Creek Road. The lot is legally described as Lot 1 of the BOCC approved Lind Koppel Subdivision. PID # 2645-111-01-001. ZONING/LOT SIZE: The Lot is zoned RS-30 and contains approximately 75 acres. BACKGROUND: The original request was heard by the BOCC on January 27, 2010 and was granted approval on a 4-1 vote with Commissioner Newman dissenting. The Applicants proposed a 2 year restriction on construction in effort to attain the extended vesting period. Staff recalls that Commissioner Clapper voiced the idea that a 2 year restriction on construction was not necessary because of the state of the economy. Commissioner Ha�eld made a motion and Commissioner Clapper 2°d that motion with some discussion to foltow. The minutes from the meeting do not indicate tl�at the 2 year restriction on construction was removed with this motion. The Applicant has stated that they have also reviewed the Grass Roots video tapes and this part of the mOtion is still unclear. REQUEST: The Applicant wishes for clarification on the motion as to whether or not the BOCC intended to include the 2 year restriction on construction of the residence or remove it from the approval. The Applicant has stated that it is their preference to have the 2 year restriction removed. REFFERALS: None. STAFF COMMENTS: Staff has no issue with removing the 2 year restriction on construction fram the approval. RECOMIV�NDATION: Staff recommends that the BOCC adopt a new motion to clarify the previous motion from the January 27, 2010 meeting. Page I of 2 ATTACFIlI�NTS: A. Applicant's letter requesting clarification B. Draft Resolution C. Draft Development Agreement Page 2 of 2 r�Z7� �{�� i � �IA�S �Ah�PBE�L �C�E�A� �4H C�lSO� �.�%E L�SQIriEZ � J. Bart Johnson 970.544.4602 johnson@wcrlegal.com May 24, 2010 Board of County Commissioners c/o Michael Kraemer 130 S. Galena Street, Third Floor Aspen, CO 81611 Re: 1999 RS International Trust; Request for Clarification of Reinstatement and Extension of Vested Property Rights per BOCC Meeting Held on January 27, 2010 Dear Commissioners: I am writing to request a clarification of a Resolution that you approved at your meeting of January 27, 2010. As you may recall, this matter concerned a request for a reinstatement and extension of vested property rights for a 75-acre parcel known as Lot 1 of the Lind-Koppel Subdivision in Old Snowmass. Glenn Horn and I represented the applicant. The property is located along Snowmass Creek at the bottom of Watson Divide Road. The owner/applicant bought the property in 2009 with construction plans and a complete building permit submittal in place for construction of an 11,250 square foot home. In the course of reviewing the home plans and understanding the property better, our client concluded that a home of this size probably wouldn't be necessary. But in not building the home, he did not want to forego the approved building envelope and ancillary approvals. Therefore, we came to you with a proposal to reduce the permitted home size to 8,250 square feet (now the maximum home size in the Snowmass/Capitol Creek area) in exchange for an extension of the vested property rights for a period of 5 years. You approved the application at your meeting of January 27, 2010 by a vote of 4-1. Commissioners Owsley, Klapper, Hatfield and Richards voted in favor of the extension and Commissioner Newman voted against it because he thought only a 3-year extension was justified. In the course of the meeting on January 27, we raised the idea that the applicant would be willing, if necessary, to agree not to commence any home construction for the first 2 years of the extended 5-year vested rights term. In the ensuing discussion, Commissioner Klapper said she did not see any reason to prohibit development from happening within the first 2 years if the owner decided he was ready to move forward, especially considering the state of the economy. Commissioner Hatfield eventually made a motion to approve the 5-year vested rights extension. We did not believe the motion included the restriction on commencing home construction for 2 420 EAST MAIN STREET, SUITE 210 ASPEN COLORADO 81611 MAIN 970-544-7006 FAX 866-492-0361 WCRLEGQL.C4Ns ,�..�� , _ � ��, �, ,. .. ,.,, . .. �. _ . _ _ _ _. . _ _ _ : _ May 24, 2010 Page 2 years. But the official minutes of the meeting indicate the motion did include this restriction. I have gone back and reviewed the video of your January 27 discussion, and it is not conclusive. We are asking you to revisit the matter and clarify whether you intended to place a condition on the S-year vested rights extension that would prohibit any home construction for the first 2 years of the 5-year period. Our client does not have immediate plans to build, but he is considering the possibility of building sooner rather,than later. Unless you believe the restriction was a necessary element of your approval, our client would prefer that your Resolution be clarified not to include a 2-year prohibition on home construction. At the request of Mike Kraemer, I am including with this letter a revised draft of your Resolution. I am also enclosing a draft of the Development Agreement that is required by Colorado law in cases where a County is agreeing to a vested rights term in excess of 3 years. This draft Development Agreement has been previously provided to the Community Development Department and the County Attorney's office. Thank you for your consideration of this matter. Sincerely, G�/ �,T, J. Bart Johnson for Waas Campbell Rivera Johnson & Velasquez LLP cc: John M. Ely, Esq. Glenn Horn Enclosures !�-'t1'� c µ rh,�J 7' �j RESOLUTION OF TAE BOARD OF COUNTY COMIYIISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE 1999 RS INTERNATIONAL TRUST REQUEST FOR A REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS Resoiution No. -201Q RECITALS 1. 1999 RS International Trust ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to request a reinstatement of vested rights associated with a Site Plan and 1041 Hazard Review approval for a 5 year period. 2. The Lot is located off Snowmass Creek Road at the intersection of Watson Divide Road: 3500 Snowmass Creek Road. The lot is legally described as Lot 1 of the BOCC approved Lind-Koppel Subdivision. PID # 2645-111-01-001. 3. The Lot is zoned RS-30 and contains approximately 75 acres. 4. The Lot is subject to a subdivision conceptual submission and t041 Hazard Review approved pursuant to BOCC Resolution 89-74 (Book 599 Page 31, Rec. No. 313955). The final subdivision plat and requirement for a deed restricied Employee Dwelling Unit (EDU) was approved pursuant to BOCC Resolution 89-128 recorded in Book 613 at Page 432 (Rec. No. 319792). Such fmal subdivision plat was recorded in Plat Book 24 at Page 1 l. The requirement for a deed restricted EDU was subsequently eliminated and the Applicant has paid an in-lieu affordable housing mitigation fee. Approval for a major plat amendment for an access realignment and expansion of a previously approved building envelope was recorded as BOCC Resolution 97-166 (Rec. No. 412813). This Resolution re-established the residential building envelope in the southeastern portion of the subject parcel. The amended plat for the Lot was recorded in Plat Book 76 at Page 33. Pursuant to BOCC Resolution 98-98 (Rec. No. 417806), the applicant gained approvat to demolish an existing EDU and reconstruct a new unit to live in while they constructed their main residence, In 2002, the applicant successfulty competed in the Planning and Zoning Commission Rural GMQS competition for additional floor area. The applicant was allotted an additional 5,500 square feet of floor area pursuant to B�CC Resolation 081-2002 (Rec. No. 468085). Commitments made in the GMQS application were recorded in covenant form under Reception No. 519366. The parcel then received 1041 Hazard Review and Special Review for a CDU approval pursuant to Hearing Officer Determination No. 08-2006 (Rec. No. 521850). The 1041 Hazard Review site plan was not recorded for that approval. An error existed in Hearing Officer Determination No. 08-2006 regarding vesting dates for property rights. Staff conectly amended this Determination through Administrative Decision No. O1-2009 to reflect a vesting date that expired on February 28, 2009. Most recently, the parcel received Site Plan approval pursuant to Hearing Officer Determination No. 2-2009 (Rec. No. 556325). The approved site plans were recordeci in Plat Book 90 at Pages 42, 43, and 44, and a Second Amended Plat for the Lot was recorded in Plat Book 90 at Page 40. 5. Pursuant to Hearing Officer Determination No. 08-2006, combined with the GMQS allotment of floor area pursuant to BOCC Resolution 081-2002, ttte Lot received vested property rights to develop 11,250 square feet of floor area, which vested property rights expired on February 28, 2009 (the "Original Vested Rights"). Pursuant to Hearing Officer Determination No. 2-2009, the Lot received additional vested property rights with respect to the newly established Activity Envelopes depicted as Activity Envelope Nos. 3, 4 and 5 on the site plans recorded in Ptat Book 90 at Pages 42, 43, and 44 (the "Add'ztional Vested Rights"). The Additional Vested Rights expirc on January 26, 2012. But the Additional Vested Rights did not have the effect of extending or reinstating the Original Vested Rights. {a00000io � 2 } Resolution No. -2010 Page 2 6. The Applicant has applied to (a) reinstate the Original Vested Rights, subject to tl�e Applicant's agreement to reduce the approved floor area from 11,250 square feet to 8,250 square feet, and (b) by development agreement, extend both the reinstated Original Vested Rights and the Additional Vested Rights such that they both expire on the same date five years from the date of the approval of this Resolution. 7. The BOCC heard this application at a duly noticed public meeting on January 27, 2010 at which time evidence and testimony were presented with respect to this application. 8. The BOCC finds that the proposal has shown substantial compliance with section 2-20-170(d) of the Code, most notably by the Applicant's agreement to limit the floor area to 8,250 square feet, which is the cunent maximum floor area permitted under the Code within the Snowmass/Capitol Creek Caucus area. 9. The BOCC further finds that extension of the reinstated Original Vested Rights and the Additional Vested Rights for a total term of five years is wananted in this case pursuant to section 2-20- 170(c)(2) of the Code. NOW, THEREFORE, SE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the 1999 RS International Trust request for a Reinstatement of Vested Rights for a 5 year period subject to the following conditions: The Applicant shall adhere to all material representations made in, or in connection with, the application. 2. The Lot is limited to 8,250 square feet of residential floor area as calculated at the time of building permit submittaL With the exception of this limitation on residential floor area, pursuant to the reinstatement of the Original Vested Rights granted hereby the development of the Lot pursuant to the Original Vested Rights will be required to conform to the version of the Land Use Code that was in effect when the Original Vested Rights were granted (i.e., when Hearing Officer Determination No. 08-2006 was approved). 3. The Applicant will enter into a development agreement with the Board of County Commissioners for the purpose of further memorializing such five-year term for the Original Vested Rights and the Additional Vested Rights, such development agreement to be in a. form approved by the County Attorney and Community Development Director. This Development Agreement shall be submitted with 90 days of this approval. 4. No development shall occur outside the approved envelopes to protect riparian areas. 5. The Applicant shall comply with all previous GMQS commitments and approvals outlined in recital #4 of this Resolution. 6. The Applicant shall submit for review, approval, and recordation covenants that were submitted at the initial building permit submission within 90 days of this approval. 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, § 2-20-170 and C.R.5., § 24-68-105. The Original Vested Rights, as reinstated hereby, and the {a00000io i 2 } 2 Resolution No. -2010 Page 3 Additional Vested Rights, as established by Hearing Officer Determination No. 2-2009, will both expire on January 27, 2015 (the fifth anniversary of this Resolution). 8. Failure to comply with the conditions of tY►is approval may resutt in revocation of permits. APPROVED on the 27� day of January, 2010. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekiv on the _ day of , 2010. ATTEST: Lyndee Dean, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney Case #P119-09/PID 2645-111-01-001 BOARD OF COUNTY CONIIvIISSIONERS OF PITKIN COUNTY, COLORADO George Newman, Chair Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director {AOOOOOioia} 3 �-77`R-� 69,r�� DEVELOPMENT AGREEMENT This Development Agreement (this "A�, reement") is entered into by the Board of County Commissioners of Pitkin County, Colorado (the "Coun "), and 1999 RS International Trust (the "TrusY'), as of , 2010. RECITALS A. The Trust owns that certain real property in Pitkin County, Colorado, more particularly described on Exhibit A of this Agreement (the "Trust Property"). B. The Trust applied to the County for the reinstatement and extension of certain vested property rights applicable to the Trust Property, which vested property rights are more particularly described as the "Original Vested Ri�hts" and the "Additional Vested Ri h�ts" in that certain Resolution No. -2010 approved by the County effective as of January 27, 2010 and recorded in the real property records of the County on , 2010 at Reception No. (the "Approval Resolution"). C. C.R.S. §§ 24-68-101 through 106 (the "Vested Rights Statute") and Section 2-20-170 of the Pitkin County Land Use Code provide for the establishment of vested property rights in order to advance the purposes stated therein and authorize the County to enter into development agreements with landowners providing for vesting of property development rights for periods of greater than three (3) years. D. Pursuant to the Approval Resolution, the County agreed to reinstate the Original Vested Rights and to extend the Original Vested Rights and the Additional Vested Rights such that both of such vested property rights will expire on January 27, 2015 (the fifth anniversary of the effective date of the Approval Resolution), subject to, among other things, the Trust entering into this Agreement with the County. E. Development of the Trust Property in accordance with the terms and conditions of the Approval Resolution and the other approvals described in Recital 4 of the Approval Resolution (together, the "Approvals") will help to achieve important public policy and economic development goals of the County. It is anticipated to provide for orderly and well planned growth, promote economic development and stability within the County, ensure reasonable certainty, stability and fairness in the land use planning process, secure the reasonable investment-backed expectations of Trust, and foster cooperation between the public and private sectors. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and Trust agree as follows: {A0000005 / 1 } 1. VESTED RIGHTS EXTENSION. This Agreement and the Approval Resolution constitute an approved "site-specific development plan" as defined in the Vested Rights Statute, and shall establish and extend vested property rights pursuant to the Vested Rights Statute to develop the Trust Property in the manner contemplated by the Approvals for a period ending on January 27, 2015. Except as permitted under the Vested Rights Statute (including, without limitation, Section 24-68-105), no zoning or land use action by the County or pursuant to an initiated measure that would alter, impair, prevent, diminish, imposing a maratorium on development, or otherwise delay the development or use of the Trust Property as permitted pursuant to the Approval Resolution shall apply to or be effective against the Trust Property or the development thereof. 2. MISCELLANEOUS. 2.1. Amendment of Agreement. This Agreement may be amended or terminated only by mutual consent of the County and Trust in writing following the public notice and public hearing procedures required for approval of this Agreement. 2.2. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, each of the parties and their respective legal representatives, successors and assigns. 2.3. Recordin�. This Agreement shall be recorded in the real property records maintained by the Clerk and Recorder of Pitkin County, Colorado. 2.4. Counterparts. This Agreement may be executed in multiple counterparts, [signature page to follow] {a000000s i i } 2 EXECUTED as of the date listed in the preamble of this Agreement. ATTEST: County Clerk ,•••• i BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Chairman, Board of County Commissioners Community Development Director County Attorney 1999 RS INTERNATIONAL TRUST By: Chad Steelberg, Trustee STATE OF ) ) ss: COUNTY OF __ ) The foregoing instrument was acknowledged before me this _ day of , 2010, by Chad Steelberg as Trustee of 1999 RS International Trust. Witness my hand and official seal. My commission expires: Notary Public {a000000s i i } 3 EXHIBIT A to DEVELOPMENT AGREEMENT Legal Description Lot 1, LIND-KOPPEL SUBDIVISION, according to the Plat thereof recorded April 11, 1990 in Plat Book 24 at Page 11 as Reception No. 321683, and First Amended Plat of the Lind-Koppel Subdivision recorded October 19, 2005 in Plat Book 76 at Page 33 as Reception No. 516469 and the Second Amended Plat of Lot 1 of Lind-Koppel Subdivision recorded February 10, 2009 in Plat Book 90 at Page 40 as Reception No. 556326. COUNTY OF PITKIN STATE OF COLORt�O {A0000005/ 1 }