HomeMy WebLinkAboutbocc.res.097.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE BRUSH CREEK RANCH (KOUTSOUBOS)
LOT SPLIT FINAL PLAT AND DESIGNATING LOT 1 TO THE PITKIN COUNTY
HISTORIC INVENTORY
Resolution No. 99- 97
RECITALS
1. Ted A. Koutsoubos ("Applicant") has applied to the Board of County Commissioners of
Pitkin County, Colorado, ("BOCC") for Final Plat approval for a 50% density reduction lot split on a
66.75 acre parcel.
2. Said parcel is located on the southeast side of Brush Creek Road, approximately 1/2 mile
south of the intersection with Highway 82, and is more specifically described in Exhibit A.
3. Conceptual Submission, GMQS Exemption, 1041 Hazard Review, Scenic Overlay Review
and Caretaker Dwelling Unit approval were granted by the BOCC pursuant to Resolution No. 96-
268.
4. Pursuant to Resolution No. 97-189, the BOCC granted an extension of the deadline for filing
of the Final Plat application.
5. The BOCC considered the Resolution on first reading at a public hearing on May 13, 1998,
and also considered this application at regular meetings on June 10, 1998, and April 28, 1999, at
which time evidence and testimony was presented with respect to the application.
6. The BOCC finds that the application is generally consistent with the applicable provisions of
the Pitkin County Land Use Code.
7. The BOCC also finds that the Wiese farmhouse is significant to the development history of
Pitkin County and qualifies for historic designation, therefore, an additional dwelling unit may be
constructed on Lot 1 which is exempt from GMQS competition.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Brush Creek Ranch (Koutsoubos) Lot Split Final Plat subject to the following conditions, which
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shall run with the land and be binding on all successors in interest, and all conditions of Resolution
No. 96-268, except as amended herein.
1. The Applicant shall obtain an earthmoving permit to complete the work to underground the
electric line to the existing residence, includingbackfilling of the trench and revegetation of
the disturbed area. The work shall be completed either within 90 days of this approval or
prior to recordation of the Final Plat, whichever comes first.
2. The Applicant shall comply with the wetland mitigation plan dated July 27, 1998, as
approved and amended by the Army Corps of Engineers as Project #199975138, the riparian
mitigation plan dated September 11, 1998, and the streambank planting plan dated February
1, 1999. The work shall be completed either within 90 days of this approval or prior to
recordation of the Final Plat, whichever comes first.
3. Prior to commencement of work in the wetland and riparian areas, the Applicant shall
provide financial security to the County in the amount of $20,000 in a form acceptable to the
County Attorney. The County shall hold the financial security until a site inspection is
completed and approval granted by the County's Wildlife Biologist after the second growing
season after completion of the project.
4. Prior to commencement of planting in the riparian and wetland areas, the Applicant shall
submit a list of the plant species purchased for the project (common name, genus and
species) to the County Wildlife Biologist.
5. The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches
by 36 inches in size with a 1 1/2 inch margin on the left side and a 1/2 inch margin on the
other sides, and drawn to scale which is not Tess than 1 inch = 100 feet. The Final Plat shall
also be submitted in digital format acceptable to the Community Development Department
for incorporation into the GIS system. The Final Plat shall be amended as follows prior to
recordation:
A. The note stating "All lands included within the Brush Creek Ranch shall be
precluded from further subdivision without the approval of Pitkin County" shall be
amended to read as follows: "All land included within the Brush Creek Ranch shall
be precluded from further development except as specified herein; no further
subdivision shall be allowed."
B. Delineate the area within which corrals and loafing sheds only may be allowed. The
"corral area" must be at least 25 feet north of the edge of the riparian zone
delineated on the plat.
6. The applicant shall amend the following Sections of the Protective Covenants:
A. 3.3.10: Require the sewage disposal systems to be located within the building
envelopes or the septic envelopes.
B. 10.2(d): Amend to state, "Roofs shall have Class A, noncombustible roof systems."
C. 10.8: Correct to state that only three strands of wire or three rails are allowed.
D. 10.9: Amend the final sentence to state, "In the event an Owner or the Association
elect to pave the driveways for dust control, then drainage ditches and sedimentation
or runoff retention ponds shall be required in connection with such paving, as
specified in a drainage plan to be reviewed and app oved by the County Engineer."
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E. 10.10: Require septic systems to be located within the designated building or septic
envelopes, and require the well on Lot 1 to be located within the building envelope.
The applicant shall amend the following Sections of the Improvements Agreement:
A. Section 2, Shared Access: Require the Applicant to obtain an access permit from
the County Engineer for the driveway construction, prior to submission of building
permits for the new residence on Lot 1. Add the following language to this
Section: Driveways shall not be paved to allow for better absorption of surface
water. Paved driveways shall be permitted if the applicant provides sediment
and/or retention ponds as necessary to control runoff, in which case a drainage
plan shall be approved by the County Engineer. Eliminated references to Cozy
Point L.P.
B. Section 6, Financial Assurance: Require financial security for the improvements
described in the Improvements Agreement prior to submission of building permits
for the new residence on Lot 1. The financial security shall be in a form and amount
satisfactory to the County Attorney.
C. Add a section addressing relocation of the Wiese farmhouse. The Applicant shall
obtain an estimate for the relocation of the Wiese farmhouse, and shall provide
financial security in that amount prior to issuance of building permits for the
relocation. The financial security shall be in a form and amount satisfactory to the
County Attorney. The relocation shall occur prior to issuance of any building
permits for the new residence on Lot 2.
8. Prior to recordation of Final Plat, the applicant shall:
A. Submit the amended Protective Covenants and Improvements Agreement and a
copy of the covenant prohibiting further development of the property for review and
approval by the Community Development Department and the County Attorney.
B. Provide certification from the County Treasurer's office that all ad valorem taxes
applicable to the parcel have been paid for all prior years.
C. Amend the historic inventory to include information on the original location of the
residence and any history on the use of the residence (if known), information on the
1975 remodel (if available), a site plan showing its present location, and more
detailed photographs of the structure.
9. Concurrent with recordation of the Final Plat, the applicant shall:
A. Record the Protective Covenants, Improvements Agreement, Easement Agreement
and Avigation Easement.
B. Record a covenant, which prohibits further subdivision or development of the
property.
10. Prior to submission of building permits for new residences on Lots 1 and 2, the Applicant
shall remove the bushes north and south of the existing driveway entrance and the lowberm
along the road south of the driveway, which impede visibility along Brush Creek Road of
vehicles at the driveway entrance, to the satisfaction of the County Engineer.
11. Prior to submission of building permits for the new residence on Lot 1, the Applicant shall
obtain an access permit for the new driveway from the County Engineer.
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12. Prior to submission of building permits for each residence, each lot owner shall:
A. Make a cash payment to the County in lieu of dedicating land for the school district.
Calculation of the payment shall be based on the regulations in effect at the time of
building permit issuance. Payment shall be made to Pitkin County Finance, and a
copy of the receipt shall be submitted to the Community Development Department
with the building permit application.
B. Make a cash payment to the County in lieu of dedicating land for
parks/recreation/open space. Calculation of the payment shall be based on the
regulations in effect at the time of building permit issuance. Payment shall be made
to Pitkin County Finance, and a copy of the receipt shall be submitted to the
Community Development Department with the building permit application.
13. Further review by the County shall be required for access to the 35+ acre outparcel.
14. The applicant shall comply with all material representations made in the application and in
public meetings and hearings.
15. The vested rights for the approval contained herein shall expire on the 28th day ofApril,
2002.
BE IT FURTHER RESOLVED that the Board hereby designates Lot 1 to the Pitkin
County Historic Inventory, therefore, future development on Lot 1 will be subject to review by the
Historic Preservation Officer to determine the development's compatibility with the historic
resource.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 2nd
day of May, 1998.
INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD AT A REGULAR
MEETING on the 13th day of May, 1998.
1999.
APPROVED AND ADOPTED AFTER SECOND READING on the 28th day of April,
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on thee( it, day of
1-1) tJC✓ , 1999.
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Resolution No. 99- 97
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ATTEST:
Depu Clerk an. Recorder
APPROVED AS TO FORM:
John Ely,
County A
Case #P16-98
PID #2643-281-00-002
suzannew\pitkin\cases \subdiv\koutsoub\reso. doc
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVED AS TO CONTENT:
5/43
Cindy Houben,
Community Development Director
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LEGAL DESCRIPTION
KOUTSOUBOS LOT SPLIT APPLICATION
A tract of land situated in Section 28, Township 9 South, Range 85 West of the 6th P.M.,
described as follows:
Beginning at a point on the southerly right of way of Brush Creek County Road as
described in Book 227 at Page 409 of the Pitkin County records with its tie
corrected to conform with the right of way as described in Book 374 at Page 336
and on the westerly boundary of that parcel described in Book 338 at Page 309 of
the Pitkin County records whence the northwest corner of Section 28 (a No. 5
rebar with red plastic cap) bears N 14°09'25" W 2,493.13 feet; thence
northeasterly along said southerly line of Brush Creek County Road as follows:
125.68 feet along a curve to the right whose radius is 992.36 feet (chord bears N
54°58'19" E 125.59 feet); N 58°36'00" E 47.55 feet; 206.75 feet along a curve
to the left whose radius is 1,185.92 feet (chord bears N 53°55'40" E 206.49 feet);
N 48°56'00" E 261.24 feet; 236.66 feet along a curve to the left whose radius is
1,472.39 feet (chord bears N 44°00' 17" E 236.41 feet); N 39°24'00" E 268.47
feet; 202.79 feet along a curve to the left whose radius is 2,904.79 feet (chord
bears N 37°24'00" E 202.75 feet); N 35°24'00" E 32.17 feet to the northeast
comer of that parcel described in Book 374 at Page 536 of the Pitkin County
records; thence easterly along the north line of said Book 374 at Page 536 N
81°14'52" E 1,015.31 feet; thence S 07°06'07" W 955.49 feet; thence S
16°06'00" E 881.34 feet; thence S 66°36'40" W 1,547.88 feet; thence N
01°16'37" W 704.20 feet; thence N 90°00'00" E 175.24 feet; thence N 03°22'48"
W 490.06 feet; thence S 90°00'00" W 330.99 feet; thence S 26°07'59" E 114.73
feet; thence S 64°27'36" W 98.01 feet; thence S 10°49'55" E 107.55 feet; thence
S 15°28'48" W 104.13 feet; thence S 37°07'37" W 377.54 feet; to the westerly
boundary of that parcel described in Book 338 at Page 309 of the Pitkin County
records; thence N 16°06'00" W 790.06 feet to the point of beginning containing
66.7467 acres more or less.
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EXHIBIT