HomeMy WebLinkAboutbocc.res.029.1099RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO DENYING THE ASPEN QUICK MART REQUEST FOR
REZONING FROM AFR-10 TO B-2 AND APPROVING THE REQUEST FOR A
GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR COMMERCIAL
GROWTH WITH NEGLIGIBLE GROWTH IMPACTS AND EXPANSION OF A
NONCONFORMING USE
Resolution No. 99- a'19
RECITALS
1. Donald and Linda Crouch ("Applicant") have applied to the Board of County Commissioners
of Pitkin County, Colorado("BOCC") for approval to rezone the Aspen Quick Mart property
from AFR-10 to B-2 and for a GMQS exemption for commercial development with
negligible growth impacts.
2. Said parcel is located at 313336 Highway 82 and contains 1.258 acres) As s/Mt..) 04)
Seca A-rrAc-H-e-o As Fxti,s,.r "A
3. The Planning and Zoning Commission heard this request on October 20, 1998, and
recommended that it be denied.
4. The BOCC heard this application at a public hearing on January 13, 1999, at which time
evidence and testimony were presented with respect to the application.
5. The BOCC finds that the proposed rezoning does not comply with the rezoning standards of
Section 3-220-020 of the Land Use Code. Specifically, the BOCC finds that: the rezoning is
not compatible with existing comprehensive plans; surrounding land uses and zone districts,
considering existing land uses and neighborhood characteristics; is not consistent and
compatible with the community character; and will be in conflict with the public interest.
6. The BOCC also finds that there have not been changed conditions sufficient to justify a
rezoning from AFR-10 to B-2 and that the effect of the rezoning and development on traffic
generation and road safety is potentially significant.
7. The BOCC finds that the proposed 550 square foot expansion as represented in the
application does meet the standards and criteria of Section 3-150-150 of the Land Use Code
and can be approved as a GMQS exemption for commercial growth with negligible growth
impacts.
8. The BOCC finds that the proposed 550 square foot expansion as represented in the
application does meet the standards and criteria of Section 6-40-030 of the Land Use Code
and can be approved as an expansion of a nonconforming use and structure with minor
building modifications.
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Resolution No. 99- a
Page 2
9. The BOCC directs staff to investigate the potential of creating a neighborhood commercial
zone district, which district, if created, might be applicable to this site.
10. The approval contained herein shall expire on the 13th day of January, 2002.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby deny the
request to rezone the Aspen Quick Mart property and does hereby approve the request for a
GMQS exemption and for expansion of a nonconforming use and structure subject to the
following conditions:
1. Any required variances will be obtained prior to issuance of building permits.
2. The 550 foot expansion and construction of canopies over the gas pumps shall be as
represented in the application materials dated August, 1998.
3. The proposed canopy structure and its lighting shall be reviewed and approved by the
Community Development Director prior to issuance of building permits. The canopy
lighting shall emit no more ambient light than the gas pump lighting in existence at the
date of this approval.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 12th DAY OF DECEMBER, 1998.
PUBLIC HEARING HELD ON THE 13th DAY OF JANUARY, 1999.
o N T+c 13 t' rimy 6 F r7-NUA-.cyy /977
Wpm) b6M6Nrtce Pvs«cye.DiAmc.m o roN nie /3 any
BP rit slitcµ 1 1999.
ATTEST:
yvaee K, Dew
Deputy Clerk and Recorder
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ail 4
Leslie J. Lamont, air
DATE: 37a/g9
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Resolution No. 99-4
Page 3
APPROVED AS TO FORM
RECOMMENDED FOR ADOPTION
n
eJ�a 99
John Ely Cindy Houben
County : ney Community Development Director
P111-98
2643-064-02-002
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400197 12/23/1996 09:25A PG 1 OF 2 REC DOC NOT
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 11.00
36.00
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SPECIAL WARRANTY DEED
THIS DEED, Maas this IS ' day of December .19 96
between ASPEN VILLAGE, INC.
a corporation duly organized and existing under and by virtue of the laws of the State
of Colorado , grantor, and
DONALD G. CROUCH and LINDA A. CROUCH, as Joint Tenants
whose legal address is 31336 Highway 82,
of the 'County of Pitkin , State of Colorado, grantee(+):
WITNESSETH, That the grantor, for and in consideration of the stun of Ten Dollars and other good and
valuable consideration ($10.00) DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey, and confirmunto the grantee(i) 1t S -Wear successors and assigns forever, all the real property, together with improvements, if any,
situate, lying and being in the County of Pitkin , State of Colorado,
described as follows:
COMMERCIAL PARCEL, ASPEN VILLAGE SUBDIVISION, according to the Plat
thereof recorded May 28, 1996, in Plat Book 39 at Page 73 as Reception
No. 393065.
EXCEPTING from the above —conveyed property the real property described
in EXHIBIT "A", attached hereto and made a part hereof.
AND ROAD MAI
Reception No.
, 1996, as
Grantee hereby assumes
also known by street and number av: 31336 Highway 82, Pitkin County, Colorado 81611
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents. issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor,
either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the granteeO, it S
iteirrrsuccessors and assigns forever. The grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT
AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantce(F), its ,•
B againsty personpersonsclaimingany partby, through or under t a r"r/b,,,`.
successors and assigns, all end ever or the whole or thereof, g hg
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its V/C .��4s'
President, and its corporate seal to be hereunto affixed, attested by its
above wridee..1
Attt w ;
-%l'J/ e
`t secrauy
COMMONWEALTH OF VIRGINIA
County of Arlington
The foregoing instrument was acknowledged before this
by /q/t!frb•fp4D <. Erv'tn4N•✓
and f nlc,y �/. c-rff7/
of Aspen Village, Inc., a Colorado corporation
My commission expires /3• /`i ¥$'
Witness my hand and official seal.
asap* A d4Ma y S,
ASPEN VILLAGE, INC., a �1jr4d# X
et
corpora on " ,
04
ickard L. Erdtnann, Vice—Presidftf"
'If in Denver, insert "City and."
/ 3-YL day of
December
as I/eeP
as
No. 16B. Rev. 1245. SPECIAL WARRANTY DEED (Cerporntlon)
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JEC.Ci.:.o=v'. _ •... .�„o _.N� _ __
TEL NO : 97024e7233
Exhibit "A"
Pro". No. STR 0821-029 UNIT 2
Parcel No. A-201 REV. 2
Pege No. 1
No. i? i
December 20, 1996
EXHIBIT "A"
DESCRIPTION
PROJECT NO. STR 0821-029 UNIT 2
PARCEL NO. A•201 REV. 2
A tract or parcel of land no. A-201 REV. 2 of the Department of Transportation, Stets of
Colorado, Project No. STR 0821-029 Unit 2 oontalnln0p 0.156 acres, mra mor Teas, in the
�Poroel of the p1n of Aapan Wags Bubdlvlulon as recorded in Mat Book 39 and
Rsoeption No. 893065) of the Pitkin County Records���located M Lots 13 end 14
CColo�o,sTaidwtract err parcell,being amom West,
deescnbedesf follows:
s PkkM County.
Beginning at a point from which the Section Comer common to sections 5 8, 7, end 8,
Townsh 9 *Meth. Range 85 Wsat, Sutth Principal Meri Tian, a 1913 2 112 Inch Jlemeter United
StitescisneratLand Oftioe Braes Cep beers S. 48° S4' 37" E. a distance of 1,662.40 feet;
1. Thence S. 54° 46' 58" E. a distance of 80.60 feet;
2. Thence S. 38° 08' 20" E. a distance of 68.27 feet;
'3: Throe
nrSyr.11��01 ° 40' 00" W. a distance of 71.72 fast, to the southeasterly
boundary
vtalon as frec rdeed�aBo k 39 described
on d Pagge 73the e evPlat tfoon Aspen Village '
383065) of the Pitldn County Records olio being the northwesterly
T boundary of the parcel conveyed to ie Board or County Commissioners of
Phidn County end as recorded in Book 342 and Page 143 of the Min
County Ricardo.
4. Thence N. 45° 50' 51" E., along the above described line, a distance of
64.77 fist. to the most easterly comer of the Commercial Parcel as
described on the above maid plot, being on the southwesterly Right
of Way line of S. H. No. 82 , 1996); .
8. Thence N. 41. 53' 12" W. along the said southwesterly Right of Way
Una, a distance of 250.63 Iest to the Commercial
Tins of the sold Consrcial
Psreel;
6. Thence S. 81 ° 23' 32" W., along the said northerly line • distance of
144.88 feat:
7. Throe S. 16° 46' 05' E. a distance of 14.48 fest;
9. Thence N. 84° 14' 07" E. a distance of 82.01 feet;
9. Thence S. 710 24' 21" E. a distance of 85.00 feet, more or loss, to the
point of beginning.
The above described parcel contains 0.158 acres, more or less.
BASIS OF BEARINGS: N. 3° 14' 69" W. along the Section line common to Sections 5 and 8,
T. 9 S., R. 86 W. 6t1.P.M. between the Section comer common to Sections 5, 8, 7, &
said Sections 5 asold nd 8, • 1914 U.S.
G.L.O.
2 1/brass rass cap 1l4 ooresr common to
This Description Written By; Keith J. Sours
The Department of Transportation, State of Colorado
222 S.Slxth St. Room 317
Grand Junction, CO 81501
Checked
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