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Home My WebLink Aboutbocc.con.038.2011CONTRACT # // C c �� RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COI,ORAllO, APPROVING THE RASTEGAR/TRIGAR INVESTMENTS LP/PITKIN ZERO LLC SUBDIVISION EXEMPTION FOR MINOR YLAT AMENDMENT, MINOR AMENDMENT TO DEVELOPMENT PERMIT, MERGER, ACTMTY ENVELOPE, AND EXTF,NSION OF VESTED RIGHTS Resolurion No.O�� -2009 RECITALS Pitkin Zero LLC ("Lot 0"), Trigar Investments LP (Lot 1), Ali Reza Rastegar (Lou Z& 3} ("ApplicanP') have applied to the Pitkin County Board of County Commissioners ("SOCC") to amend thc prior approvals to construct a new driveway tv access Lots 1-3; the driveway would intersect with the highway on "Lot 0" and emergency egress would be provided on the existing easement on Lo[ 4. The prior approval anticipated access to thc three lots across Lol 4, with an emergency vehicle tumaround on Lot I. Other amendments/requests includr. A. Merge "I,o[ 0" and Lot 1. B. Designate an activity envelope on "Lot 0" for the driveway to Lots 1-3, landscaping, utilities and drainage improvements. A"riparian area enhancement emelope" is proposed within the 100' stream setback. C. Amend the previously approved activity envelopes to accommodate the revised driveway and other improvements. D. Obtain scenic view protection approval for a new house design for Lot 1. F.. Obtain a 5 year extension of vested rights. 2. The property is located on East Highway 82 behveen the highway and the Roaring Fork River, and is describeJ as Lots I-3, Block 4, Knollwood Subdivision, and a metes and bounds parcel referred to as "Lot 0", which is more specifically described in Exhibit A. 3. The parcel and lots are zoned R-15 and contain 14,205 and 16,683 square feet, respectively. The parcel and lots are all vacant. The Hearing O�cer denied an application on Lot 1 requesting 1041 ha�ard review, conceptual submission, scenic overlay and minor plat amendment approvnl for a single family residence and driveway, due to encroachments on slopes in cxcess 30% and 45%, pursuant to Determination No. 46-2006. The BOCC subsequently found and remediated [he laking, pursuant to Kesolution No. 140- 2006. ConcurrenNy the Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay and minor plat amendment approval for single family residences and a driveway on I.ots 2 and 3, pursuant to Determination No. 47-2006. These decisions approvc the developmenl of a common driveway thal would provide access [o all three lots across an easement that traverses Lot 4. 5. The Applicant subsequently acquired "Lot 0", which is a remnant of the Benedict F,state, in order to orovide a new access to the lots. The deed for "Lot 0" prohibits buildings or s[ructures on the Resafulron No. �-2009 Page 2 6. The BOCC heard the applications at public hearings on February 25 and March 1 l, 2009 at which times evidence and testimony were presented with respect to this application. 7. The BOCC 6nds that: A. The proposed driveway with access across "Lot 0" provides superior sight distances to the previously approved access across Lot 4, and, therefore, is preferred from a safety standpoint for driveway, highway and trail users. B. The proposed amendments are consistent with the applicable requirements of the Land Use Code. C. It is appropriate to grant a five year extension of the vested rights given the public benefit associated with the granting of a trail easement for the existing East of Aspen trail and a possible extension of the trail and the increased stream setback on Lots l, 2 and 3. U. The Applicant has complied with the procedures in the Code to merge "l,ot 0" and Lot l, and thereby acknowledges that [here is only one development right associated with the merged lot, which will be exercised with the development of the residence on Lot I. E. The activiry envelope on Lot 0 for driveway, ditch improvements, landscaping, utilities and • drainage improvements complies with the 100' stream setback. In addition, the envelope is primarily located on slopes of less than 30%, and the slopes in excess of 30%within the envelope are minor anomalies that resulted from the construction of the Salvation Ditch. P'. The proposed residence on Lot 1 complies with the standards for development within [he scenic view protection area. NOW,'CI�EREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby merge "Lot 0" (as described in Exhibit A) and Lot l, Block 4, Knollwood Subdivision. The floor area for development on Lot 1 shall be based solely on tha lot area of the original Lot 1 and shall not include the lot area of "Lot 0". BE IT FURTHER RESOLVED by the I30CC that it does hereby approve the Rastegar/Trigar Investments LP/Pitkin Zero LLC Subdivision Exemption for Minor Plat Amendment, Minor Amendment to Development Pertnit, Activity Envelope, and Extension of Vested Righ[s, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representadons made in public hearings xnd in the appfication. 2. The conditions of BOCC Rasolution No. f 40-2006 and Hearing Officer Determination No. 47-2006 shall remain in full force and effect, except as modified herein. 3. Concurrent with recordation of the amended plat and site plans for Lots I-3, the Applicant shall: A. Amend the Site Plan for Lot I to reflect the merger of Lot 1 with "Lot 0" and depict the envelopes on bo[h lots. Prior to recordation, the Applicant shall be required to submit the site plan for approval by the County Attorney and Communiry Development. B. Grant and record an easement for the benefit of the City of Aspen along the existing East of Aspen Trail across Lot "0", Lot 1 and a portion of Lot 2 as shown in Exhibit B. The easement shall include provisions to ensure that [he alignment and design of the bike/pedestrian trail within this portion of the easemen[ is acceptable to the City of Aspen. � Resolurian No. (lIG -2009 Page 3 � C. Grant and record a trail easement for the benefit of the City of Aspen along the north side of Lots 2 and 3 beginning at the eastern terminus of thc easement referenced in Condition 3B. The southem boundary of such casemcnt shall be one foot north of thc northem boundary of the ApplicanYs proposed driveway area (including the adjoining drainage channel), as depicted on the Access and Mui[i-use Trail map attached as Exhibit B. The easement shall include the following provisions: 1) The City and [he Applicant have concluded that the City will probably need to construct a retaining wall within the easement as part of Ihe trail improvements. The easement will provide Ihat the retaining wall wil! be a Mechanically Stabilized Earth (MSE) wall with a faFade tha[ matches, in material and color, the fapade of ihe retaining wall constructed by the applicants on Lots 0 and I. l'hc City may propose an alternative design for the retaining wall or an alternative to the retaining wall, 6ut any altemative will be subject to the approval of the grantor of the easement to ensure aesthetic compatibility with the ApplicanY's development. 2) The easemen[ will also reserve to the gran[or the right to install reasonable landscaping in the easement area along the trai! where space is available, so long as i[ does not interfere with the function or use ofthe trail. 3) The trail easement will provide that the grantor and the City will coordinate the construction of the traii with the construction of the ApplicanYs driveway improvements and will endeavor to undertake construction of the trail and the driveway improvements simultaneously, if reasonably possible. 4) There is a major drainage from the north side of Highway 82 that enters the ApplicanYs properry at approximately the north corner of Lot 3. This drainage will need lo be captured and directed into the new Salvation Ditch culvert to be installed by the Applicant. The easement agreement with the City will provide that the City witl includc within its desigrt and construction of the trail a means of picking up the drainage from the existing culvert under Highway 82 and comeying it under the trail and to a mutually agreed upon point within the northern paR of Lot 3(which may be within the Ciry's trail easement). From this mutually agreed upon point, the Applicant will be responsible for continuing the drainaga into a sub-grade connection point with the Salvation Ditch culvert. The City and the Applicant will cooperate in good faith on the overall design and construction of this drainage facility. 5) The easement will be gran[ed [o the City based on the Ciry's "Trail EasemenP' form with such changes as are necessary to re(lect the above-described terms and with such other reasonable revisions to which the applican! and Ihe City may agree. D. Record a Development Ageement to memorialize the extension of vested righis. Prior to recordation, the Applicant shall be required to submit the Devclopment Agreement for approval by the County Attorney and Community Development. 4. Prior to recordation, the site plans for Lots 1, 2 and 3 shall be amended [o reflect thc increased setbacks from the Roaring Fork River — an additional 12- I S' setback from the delineated riparian area on Lot 1, an additional 15' setback from the delineated riparian area on Lot 2 and an additional ] 5-25' setback from the delineated riparian area on Lot 3, as shown on attached Exhibit C. 5. With the first development or building permit application, the Applicant shall: ::.'� ,GJ � Reso(ulionNo.Q�L -1009 Page 4 A. Submit a construction management plan for all phases of construc[ion, including driveway, buildings and landscape work. B. Submit a detailed drainage and erosion control plan for [he entire development. If site disturbance is more than one acre, the Applicant shall obtain a State Stormwa[er Permit. C. Submit a detailed revegetation and reclamation plan. 6. Prior to issuance of any building pennit applications for Lots I-3, the Applicant shall: A. Submit a riparian area enhancement plan for all of the lots. Only riparian plantings shall be allowed within the riparian area enhancement envelope. No grading or vegetation rcmoval shall occur within the riparian enhancement envelope, except on Lot 0, where limited grading and vegeta[ion removal may be permitted in association with the culverting of the Salvation Ditch, as shown on attached Exhibit D. The plan shall include at leas[ eight 10' evergreen or spruce trees to be planted within [he riparian area enhancement envelope on Lot 0; these trees shall be planted prior to commencement of construction on Lot I. B. Obtain an access/driveway permit for the driveway, which shall be approved by the Planning Engineer, Community Development Director and the Aspen Fire Marshal. The Applicant shall submit a copy of Ihe CDOT access permit. The permit application shall include sight distance analysis and methodology and utility line locations and shall address the transition between the common access road and the existing driveway on Lo[ 4. The Fire Marshal shall approve the gate on the driveway where it connects to Lot 4. The Applicant shall ensure that the gate and emergency access is never blocked by snow, vehicles or other obstacles. C. Submit a tree removal/mitigation plan, which shall include a precise inventory of vees to be removed and shall provide for replacement of 100% of the [otal diameter inches removed wi[h new or transplanted landscape material; diseased trees or trees required to be removed for wildfire mitigation are not required to be replaced. 7. The c�lvert for the Salvation Ditch shall be sized to carry the maximum potential flow for the ditch. 8. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations [hat does not comply with these restrictions shall require a variancc from [he Board of Adjustment. Approval of an activiry envelope within such setbacks does not assure approval of a variance. 9. Statutory vested rights for the approvals referenced herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin Counry Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on October U, 2014. � Resolullon No �-Z009 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN T[MES WEEKLY on the 25' day ofJanuary,2009. APPROVED AND ADOPTED on the 1 I'" day of March, 2009. PUBLISHED AFTER A�OPTIO FO VESTED REAL PROPERTY RIGHTS in tha As en Times Weeklv on the f�day oP�, 2009. Jones, Clerk and APPROV ED AS T`_(�� _ / c � s John Ely, County Att6rney L ,� BOARD OF COUNTY COMMISSIONERS � OF PI K[N COUNTY, COLORADO l�- �,.� _ <�q.,�,,�, Patti Kay-Clapper, (�{air " Date: � � - � � - U % APPROVED AS TO CONTENT; 1 i a �� 1�� i., t.11 Cindy Houben, � Community Development Director Case #p147-08 & P 148-OS PfD273718401003,273718401004,2737184Qi005,2737l8401006 ^ �r� � � EXHIBIT A ' Legal Description Those portions of Lots 10 and 1 I, Section ] 8, Township 10 South, Range 84 West of the 6th P.M., described as follows: I Beginning at a point on the southerly line of State Highway No. 82 whence the southwest comer of the SE'/<NEY (Lot 5), Section 18, Township 10 South, Range 84 West of the 6th P.M., of the Kimberly survey (said SW comer of said SE`i<NE'/< (I,ot 5) being also the southwest comer of Helen C, Bird's most northerly 40 acres and being also located at a point S. 1°2SW. 10.58 feet from Comer No. 2 of the Highland Placer, U.S. Mineral Survey No. 6120 Am.) bears S. 76°44'30" W. 698.62 feet; Thence South 223.85 feet to the center of the Roaring r ork River; Thence S. 89°31' E. 50.00 feet along center of the Roaring Fork River; Thence N. 6° 16' E. 228.68 feet to a point on the southerly line of said State Highway No. 82; Thence S. 87°40' W. 75.00 feet along southerly line of said State Highway 82 to the point of beginning; County of Pitkin, State of Colorado „46a6 � A-1 � � - - - - - -- - -- - - �� ' � '� � `� � � .�, W � � � -� ,. � � , �n ` � � W t� � � � � � � � �� '.� __..�--- � � �� 0 a 0 � ' . �� ,��#� � \ ►\ � �� l � � 0 .� � 0 a � �� r d � �� ° v \ P \ t^ � � � :� ��\ �� ` � � � � � `� � � � �� W �, . ti � \�� \ w 6 \ N \\` � �O W �� ar� Q n di�otS ' � � � � ``� ,, �� ; �----_...� Y '�� C� � r� � s � � � � � � �. �� fl 0. !; � O 1 } '� � A�tl0135 rvv3tl ' � � N � � � � � t �, � 1 � l . � i � � 1 � i G � js� 1 � J { a � � �- a � a 3 i� �� , �. ,� `� � i� R _� � � _� U � � 1�%� �/�/ f�j .l�j% 1 1 / / / / / /�''/' �/ � � ,� �%�%�� . �.` �-, �%�% / . � �.��.�,�,��.:��. �/� �, a. �/ / �.�-.�.��.,.��.�.�.�.�. / 1 j �� .�..�� .��: �.�` / j / ��.��.�..��.�.�,.. /� / �.\�.\\\`�.-�, �. _ / �% W �d ��5 i F�"� � � , ; k d� ,,-,�.�,,,_ = -.�� - � __ , �f.� ` i /�/�%��I��.�� f ��%ll �f"f %� j /��-/ j/ f/� � / i��% f% G� Y� �. � 0 P-� � O � P � �V< r��-r / f/,�1 I� � i j/ ��j% l� �/ f �f; . f I �/, % r .� �"�- �� i l j� f/'" % j/ ��%��/ ,/ / //� � / 1 / / L a � 1 g A�c �A��N �c��A��S UM�� °F AN �, a�Uc � • . � !'i , ___ 0 �, �' � . ,'� l� t'� CONTRACT # , ' -10 DEVELOPMENT AGREEMENT 11PovrveD. /31 epee- 3)//1zer g (LOTS 1, 2 AND 3, KNOLLWOOD SUBDIVISION) This Development Agreement (this "Agreement ") is entered into by the Board of County Commissioners of the County of Pitkin, State of Colorado (the "County "), and Ali Reza Rastegar ( "Rastegar ") and Trigar Investments, L.P., a Texas limited partnership ( "Trigar "), effective as of March 11, 2009. RECITALS A. Rastegar owns the real property described in Exhibit A of this Agreement (the "Rastegar Property "). B. Trigar owns the described in Exhibit B of this Agreement (the "Trigar Property "). The Trigar Property now includes a metes and bounds parcel that was formerly owned by Pitkin Zero, LLC and that was conveyed to Trigar for the purpose of combining such metes and bounds parcel into and as a part of Lot 1, Block 4, Knollwood Subdivision, pursuant Resolution No. 016 -2009 as more fully described below. Such metes and bounds parcel is sometime referred to as "Lot 0" in such Resolution No. 016- 2009. References in this Agreement to the Trigar Property with respect to the time before approval of Resolution No. 216 -2009 mean Lot 1, Block 4, Knollwood Subdivision, without the addition of such metes and bounds parcel. C. Together Rastegar and Trigar are sometimes collectively referred to as the "Owners." Together the Rastegar Property and the Trigar Property are sometimes collectively referred to as the "Property." D. In 2006, pursuant to Determination No. 46 -2006, the County's Hearing Officer denied an application on the Trigar Property requesting 1041 Hazard Review, Conceptual Submission, Scenic Overlay and Minor Plat Amendment approval for a single family residence and driveway due to proposed encroachments onto steep slopes. The County subsequently found that a taking had occurred and remediated the taking pursuant to Resolution No. 140 -2006 recorded in the County records on December 29, 2006, at Reception 532818 (the "2006 Trigar Approval "). E. In 2006, the Rastegar Property received approval from the County for 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review and Minor Plat Amendment pursuant to Hearing Officer Determination No. 47 -2006 recorded on November 3, 2006, at Reception No. 530680 (the "2006 Rastegar Approval "). The 2006 Trigar Approval and the 2006 Rastegar Approval are together referred to as the "2006 Approvals." F. Pursuant to the Pitkin County Land Use Code and Colo. Rev. Stats. §§ 24- 68 -101 - 106 (the "Vested Rights Statute "), the 2006 Approvals each constituted and RECEPTION #: 577499, 02/08/2011 at 01:04:29 PM, 1 OF 7, R $0.00 Doc Code AGREEMENT {a0001530 / 1 } Janice K. Vos Caudill, Pitkin County, CO 1 established vested property rights for the Rastegar Property and the Trigar Property pursuant to the Vested Rights Statute. G. In 2009, the County granted approvals to the Property for subdivision exemption for minor plat amendment, minor amendment to a development permit, merger, activity envelope and extension of vested property rights, all pursuant to Resolution No. 016-2009 as recorded in the real property records of the County on April 9, 2009, at Reception No. 557907 (the "2009 Annroval"). The 2009 Approval and the 2006 Approvals are together referred to in this Agreement as the "Countv Annrovals." H. Pursuant to the 2009 Approval, the County agreed to extend the vested property rights for the County Approvals until October 1 �, 2014. Development of the Property in accordance with the terms and conditions of the County 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 the Owners, and foster cooperation between the public and private sectors. L Pursuant to the Vested Rights Statute, extension of vested property rights for a term exceeding three years requires the County and the landowner to enter into a development agreement. The parties desire to enter into this Agreement as a development agreement pursuant to the Vested Rights Statute. 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 the Owners agree as follows: 1. VESTED RIGHTS EXTENSION. This Agreement and the County Approvals constitute an approved "site-specific development plan" as defined in the Vested Rights Statute, and establish and extend vested property rights pursuant to the Vested Rights Statute to develop the Property in the manner contemplated by the County Approvals for a period ending on October 17, 2014. 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 pwsuant to an initiated measure that would alter, impair, prevent, diminish, imposing a moratorium on development, or otherwise delay the development or use of the Property as pemutted pursuant to the County Approvals shall apply to or be effective against the Property or the development thereof. {A0001530 / 1 } 2 � 2. MISCELLANEOUS. 2.1. Section Titles. The titles of the sections and paragraphs of this Agreement are for convenience of reference only and are not intended in any way to define, limit, ar describe the scope or intent of this Agreement. 2.2. Amendment of Asreement. This Agreement may be amended or terminated only by mutual consent of the County and the Owners in writing following the public notice and public hearing procedures required for approval of this Agreement. 2.3. BindinQ 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. 2.4. Recording. This Agreement shall be recorded in the real property records maintained by the Clerk and Recorder of Pitkin County, Colorado. 2.5. Counternarts. This Agreement may be executed in multiple counterparts, [remainder of page intentionally blank] {A0001530/I} 3 � � EXECUTED to be effective as of the date listed in the preamble of this Agreement. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, STATE OF C ORADO Bv' � � / � Chairman, Soard o County Commissioners the Board of APPROVED: Commissioners �,,�y�_�.,� Community Development Director (A0001530 / 1 } �; ,, ��-- Couuty Atto � n � �.� �.�. �.<< 5� A .� �- �� C��3 �R�GA RA�GAR, y J. Bart Jo on as his Attorney-in-Fact STATE OF COLORADO COUNTY OF PITKIN ) ) ss: ) � �� The foregoing instrument was acknowledged before me this � day of �", , 2010, by J. Bart Johnson as Attorney-in-Fact for Ali Reza Rastegaz. my hand and official seal. p10TAR y f'UBUG MY Ca�sswn ExPres March 10 2012 expires: `71`� Gc r � L � 0 � i�� . � ,-- 1 :� �= �� - Notazy Public I �d TRIGAR INVESTMENTS, L.P., a Texas limited partnership By: � �.�L / / �_.. - Na : . B Johns� Tit : Attorney-in-F STATE OF COLORADO COUNTY OF PITKIN ) ) ss: ) �r� �� ,,/ The foregoing instrument was acknowledged before me this /3 day of � ;�> 2010, by J. Bart 3ohnson as Attorney-in-Fact for Trigaz Investments, L.P., a Texas limited partnership. Witness my hand and official seal. r10TAl� y –�— , �'UBLIC My Cannusaon ErAxes Ma�ch 10 1012 expires: �YY1�1t�.� j 0 �-,'� � l� / {n000issoii? 5 ' 5 �..... _ _ . EXHIBIT A Legal Description of Rastegar Property Lots 2 and 3, Block 4, Knollwood Subdivision, according to the plat thereof recorded January 7, 1963 in Plat Book 2A at Page 286, as Reception No. 114719, as amended by the Trigar Investments, L.P., & Ali Reza Rastegar Lot Line Adjustment and Minor Plat Amendment to be recorded in conjunction with this Development Agreement, County of Pitkin, State of Colorado. {A0001530 / I � 6 / _ CL EXHIBIT B Legal Description of Trigar Property Lotsl, Block 4, Knollwood Subdivision, accarding to the plat thereof recorded January 7, 1963 in Plat Book 2A at Page 286, as Reception No. 114719, as amended by the Trigar Investments, L.P., & Ali Reza Rastegar Lot Line Adjustment and Minor Plat Amendment to be recorded in conjunction with this Development Agreement, � �►..� �3 o r� q 6,��,.�cs ►y +� S� `cc.., p r t �r► �' County of Pitkin, State of Colorado. � 5�'7'�� . {A0001530 / 1 } 7 , / (