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HomeMy WebLinkAboutbocc.res.102.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE REQUEST OF THE ASPEN FIRE DISTRICT FOR A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION AND SPECIAL REVIEW APPROVAL FOR A FULLY DEED RESTRICTED AFFORDABLE DWELLING UNIT OUTSIDE THE AH ZONE DISTRICT Resolution No. 99-Jo.. RECITALS 1. Aspen Fire Protection District ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for approval for a GMQS exemption and special review for a fully deed restricted affordable dwelling unit outside the AH zone district. 2. Said parcel is located on Upper River Road in Woody Creek and is more particularly described in attached Exhibit A. 3. The Planning and Zoning Commission heard this request on March 2, 1999, and recommended that it be approved. 4. The BOCC heard this application at a public hearing on April 28, 1999, at which time evidence and testimony were presented with respect to the application. 5. The BOCC finds that the request meets the required Land Use Code standards of Sections 3- 150-100 A. 2. and 3-210-010. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the request for the GMQS exemption and special review subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall demonstrate continued compliance with all terms and conditions of the original approval (Res.# 97-146). 2. Approval is required by the Aspen/Pitkin Environmental Health Department of documentation of the location of the well and that the quality and quantity of the well water are adequate. Without meeting these requirements, a septic permit and building permit will not be issued. 3. The dwelling unit must be fully deed restricted Category 3 as stipulated in the Aspen/Pitkin County Affordable Housing Guidelines, as they are amended from time to time. 111111 11111 111111 1111 11111 111111 111111 III 11111 1111 1111 432330 08/18/1880 08 38A RESOLUTI DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99-lam Page 2 The unit will be required to be rented to a qualified employee of Pitkin County at no higher than a Category 3 rental rate. 5. The Applicant shall have the right to choose the tenant for this unit, with the income and assets being waived if the tenant is a volunteer firefighter. If the Applicant leases the unit to someone other than a volunteer firefighter, the tenant must qualify under Category 3 as stipulated in the Aspen/Pitkin County Affordable Housing Guidelines. 6. Actual floor plans of the unit shall be submitted to the Housing Office for approval prior to building permit approval. 7. A deed restriction for this unit shall be approved by the Housing Office and recorded prior to building permit approval. 8. The vested rights and underlying approval contained herein shall expire three years from the date of final approval by the Board of County Commissioners. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 27th DAY OF MARCH, 1999. PUBLIC HEARING HELD ON THE 28'" DAY OF APRIL, 1999. fitOovea Atm Ao►eD oa-Me etr°%4 2)4y of ?WII, /999, • 444 V¢.STO it«Iars PJDnce. Pt s&ssuo M? THt a 1. •F 1111111130 1111111111111111111111111111111IIII 1111111111111 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99- /OZ Page 3 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DAT �Iwi RI Ng? APPROVED AS TO FORM RECOMMENDED FOR ADOPTION John Ely Coun • orney P165-98 2643-042-00-032 lancet\wcfrres.doc cerevm104/22/990"1'490 41oZ& .,- 1e aa, 99 Cindy Houben Community Development Director 1111111 11111 111111 1101 111111111111 111 11111 11111111 3 of 4 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO wdoz EXHIBIT "A" SPECIAL WARRANTY DEED FROM MICHAEL K. UNDERWOOD AND MARY JANE UNDERWOOD TO ASPEN FIRE PROTECTION DISTRICT LEGAL DESCRIPTION A parcel of lend situated In NE% of Section lb, Township 9 South, Range 85 West of tha Ptti Principal Meridian. Pkkin County, Colorado, said parcel boing mcro particularly dcccribcd as follows: Beginning at a point on the north boundary of a parcel of land described In Reception No. 113934, filed In the records of PlktIn County Clark and Recorder's Office; from which the North )4 comer of sald Eectlon 18 bears N 13°07'34 W 1821.66; thence N 75°08'00" E 124.42 feet along the northerly Ilne of said parcel to a point on the westerly right-of-way.lin© of the Denver & RIo Grande Western Railroad; thence along the westerly line of said right-of- way 161.45 feet along the arc of a curve tc the left, having a radius of 2814.93 feet, contal angle of 03°04'57" and subtending a chord bearing of N 13°05'02" W 151.43 feat; thence N 14°38'31" W 398.87 feat; thence leaving the west gite of said right-of-way S 79°22'531 W 51.70 feet to a point along the existing county road {as -built?; thence along said county road S 06°3?21". E 132.22 feet; thence continuing along said county road S 06 °22'62" E 224.28 feet; thence continuing along said county road S 05°22'48" E 122.82 feet; thence 5 11 °16'10' E 80.49 feat to the point of beginning, containing 1,178 acres more or leas. 1 IIIIII 11111 Bill 1111 IIIII 111111111111 III IIIII 11111111 432330 08/18/1999 09 38A RESOLUTI DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO