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Home My WebLink Aboutbocc.ord.006.2010RECEPTION #: 570415, 0+6/11/2010 at 10:48:51 AM, 1 OF 5, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING THE MIDDLE RANCH LLC PROPERTY FROM RS -30 TO CONSERVATION DEVELOPMENT (CD -PUD) Ordinance NoXV6 -2010 RECITALS 1. Middle Ranch LLC ( "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to rezone property from RS -30 to Conservation Development (CD -PUD). 2. The property is located off of West Sopris Creek Road, and is more specifically described in Exhibit A. 3. The parcel is zoned RS- 30/PUD and contains 344.143 acres. 4. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at a regularly scheduled meeting on March 2, 2010, and recommended approval by a vote of 3 -0. 5. The BOCC considered the proposed rezoning on first reading at a duly noticed public hearing on April 28, 2010, and on second reading on May 12, 2010. 6. The BOCC finds that the proposed land is eligible for the CD -PUD zone district designation, as it contains in excess of 160 acres and is located in the Rural Area, and contains ecological resources, environmental hazards and agricultural resources, and is sensitive to overly intensive development. The property contains the entirety of the unsubdivided parcel. 7. The BOCC further finds that the rezoning is consistent with Secs. 2- 30 -40(i) and 2- 40- 10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby rezones the Middle Ranch LLC property from RS -30 to CD -PUD, as shown in Exhibit B. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 27` day of March, 2010. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 28` day of April, 2010. APPROVED AND ADOPTED AFTER SECOND READING on the 12` day of May, 2010. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the )D day of 2010. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. Ordinance No. A -2010 Page 2 A E T: Jea tte Jones, Clerk to e BOCC APPROVED AS TO FORM: John Ely, County Att orney'` P003 -10 PID 246527402007 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By b George ewman, air Date C C /4 o U APPROVED AS TO CONTENT: Cindy ouben, Community Development Director '00, LTG Policy No. LTY1387523 Our Order No. Q387523 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: PARCEL 1 THE EAST 1/2 NORTHWEST 1/4 AND THE WEST 1/2 NORTHEAST 1/4 OF SECTION 27, NOW KNOWN AS TRACT 74, SECTION 27; ALSO ALL OF LOTS 6, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT 5.4 ACRES, MORE OR LESS, AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NO. 90028 IN BOOK 166 AT PAGE 88 IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. PARCEL 2: LOTS 3, 4, 5 AND 7, SECTION 27, AND LOT 1, SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B: PARCEL 1: A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 34 BEARS NORTH 50 DEGREES 35' 21" EAST 2075.93 FEET; THENCE SOUTH 26 DEGREES 30'58" WEST 64.46 FEET TO A POINT ON A FENCE LINE; THENCE SOUTH 88 DEGREES 33'42" WEST 546.22 FEET ALONG SAID FENCE LINE DEPARTING SAID FENCE LINE THENCE NORTH 53 DEGREES 05'33" EAST 119.28 FEET; THENCE SOUTH 89 DEGREES 58'18" EAST 479.45 FEET TO THE POINT OF BEGINNING. ALL BEARINGS ARE RELATIVE TO FOUND G.L.O. BRASS CAPS AT THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE NORTH ONE - QUARTER CORNER OF SAID SECTION 34, SAID BEARING IS NORTH 89 DEGREES 59'32" WEST. PARCEL 2: A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 34 BEARS SOUTH 89 DEGREES 59'32" EAST 961.78 FEET: THENCE SOUTH 5 DEGREES 52'00" EAST 111.58 FEET TO A POINT ON A FENCE LINE; THENCE SOUTH 57 DEGREES 17'42" WEST 267.60 FEET ALONG SAID FENCE LINE; QU U U 2 5) LTG Policy No. LTY1387523 Our Order No. Q387523 EXHIBIT "A" LEGAL DESCRIPTION THENCE SOUTH 48 DEGREES 14'27" WEST 58.97 FEET ALONG SAID FENCE LINE; THENCE NORTH 64 DEGREES 41'00" WEST 98.69 FEET ALONG SAID FENCE LINE; THENCE SOUTH I DEGREE 37'54" EAST 1066.03 FEET ALONG SAID FENCE LINE; THENCE DEPARTING SAID FENCE LINE NORTH 89 DEGREES 58'18" WEST 38.19 FEET; THENCE NORTH 00 DEGREES 00'32 "WEST 1318.28 FEET; THENCE SOUTH 89 DEGREES 59'32" EAST 355.01 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. PARCEL C: TOGETHER WITH AN EASEMENT INTEREST AS DESCRIBED IN DOCUMENT RECORDED MAY 11, 1993 UNDER RECEPTION NO. 356726 AND CORRECTION EASEMENT RECORDED DECEMBER 26, 2007 UNDER RECEPTION NO. 545213. t SOPRIS ENGINEERING LLC. CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 .. .... .. ... A DRIVEWAY SITE PLAN & ACTIVITY ENVELOPE PLAN MIDDLE RANCH, LLC PARCEL A PARCEL OF LAND SITUATED IN THE NJ OF SECTION 34 TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO (PARCEL IDENTIFICATION NO. 2465-274-02-007) "Ag 611 V- SOPRIS ENGINEERING LLC. CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 .. .... .. ...