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Home My WebLink Aboutbocc.res.061.2011 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING AN APPEAL BY CELESTIAL LAND COMPANY AND UPHOLDING THE PORTION OF HEARING OFFICER DETERMINATION NO. 05 -2010, WHICH DENIED THE SPECIAL REVIEW AND GMQS EXEMPTION FOR A TDR RECEIVER SITE TO ALLOW THE USE OF THREE ADDITIONAL TDRS TO DEVELOP UP TO 15,000 SQUARE FEET OF FLOOR AREA Resolution No. (24Z-2011 RECITALS 1. Celestial Land Company ( "Celestial ") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to appeal a portion of Hearing Officer Determination No 05 -2010, which denied the Special Review and GMQS Exemption for a TDR receiver site to allow the use of three additional TDRs to develop up to 15,000 square feet of floor area. 2. The Celestial parcel is located on Bulkley Drive off of Maroon Creek Road, and is more specifically described in Exhibit A. 3. The parcel is zoned AR -10 and contains 35 acres. 4. Celestial submitted an application for approval of Activity Envelopes, Site Plan Review, Special Review and GMQS exemption to utilize three additional TDRs for a total of 15,000 square feet of floor area to construct a single family residence, caretaker dwelling unit and two accessory structures with bathing facilities. The Hearing Officer considered the application at duly noticed public hearings on September 15, 2009; December 10, 2009; July 8, 2010 and August 5, 2010. The Hearing Officer issued Determination No. 05 -2010 on August 6, 2010. In the Determination the Hearing Officer: A. Denied the Special Review and GMQS Exemption for a TDR receiver site to allow the use of three additional TDRs to develop up to 15,000 square feet of floor area and restricted the footprint of the development to less than 8,000 square feet; B. Approved the Activity Envelope as proposed and the location of the proposed development within the envelope; and C. Continued the Site Plan Review for "further analysis and consideration of a redesign of the development and mitigation, as well as other appropriate conditions for development." 5. Celestial asserts that the Hearing Officer's denial of Special Review and GMQS Exemption to utilize three TDRs for a total of 15,000 square feet of floor area, presents a clear and demonstrable error, abuse of discretion and denial of procedural due process. 6. The BOCC heard this request at a duly noticed public hearing on May 9, 2011, at which time evidence and testimony was presented with respect to the application. 7. The BOCC finds that the Hearing Officer did not err, abuse his discretion or deny procedural due process in his determination to deny the Special Review and GMQS Exemption for a TDR receiver site to allow the use of three additional TDRs to develop up to 15,000 square feet of floor area. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby denies the Celestial Land Company appeal of a portion of Hearing Officer Determination No. 05 -2010, and upholds the Hearing RECEPTION #: 583512, 10/13/2011 at 03:49:49 PM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No04( -2011 Page 2 Officer's denial of Special Review and GMQS Exemption to utilize three TDRs for a total of 15,000 square feet of floor area. DENIED on the 9 day of May, 2011. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By / (011 A T T: R c hel E. Richards, C air Date l / 1 Jea ! e Jones Dep ty County Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, i n y Houben, Coin �y • ey Community Development Director P068 -10 PID 273521400004 I • 1111111111111111n111111 532 @ @6 P�ya: 2 of 3 12/1 1t:21; • JIWICE K V01 CAUDILL PIYKIM COLmTY CO R 16.08 0 682.85 .. : s:F a A PARCEL OF LAND SITUATED IN THE WEST 1/2 NORTHWEST 1/4 SECTION 22 AND SOUTHEAST s 1/4 NORTHEAST 1/4 SECTION 21, TOWNSHIP 10 SOUTH, RANGE 65 WEST OF THE 6TH - , ' - , PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED '' '� � ,• "•` AS FOLLOWS: • -' • BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHWEST QUARTER • • OF SECTION 22; THENCE FOLLOWING THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 22 SOUTH 00 DEGREES 53' 05" EAST 792.29 FEET TO A POINT ON THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 276 AT PAGE 668 X14 THE ti'.• • • .4 t ? PITKIN COUNTY RECORDS: THENCE FOLLOWING THE NORTHERLY LINE OF SAID TRACT t:i+` -': • ' 46.626 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT HAVING A RADIUS or 707.00 'k = F's; FEET, A CENTRAL ANGLE OF 03 DEGREES 46' 43" AND WHOSE CORD BEARS SOOT 6 '. ^';°'.. ,*:72, • DEGREES 40' 17" WEST 46.616 FEET ALONG THE EASTERMOST CORNER OF WHAT IS NOW"'L, ' • KNOWN AS THE BULKLEY TRACT: THENCE FOLLOWING SAID NORTHEASTERLY LINE NORTH 12 • DEGREES 23' 00" WEST 72.79 FEET; THENCE FOLLOWING SAID NORTHEASTERLY LINE SOUTH 70 DEGREES 30' 00" WEST 67.00 FEET; THENCE FOLLOWING SAID NORTHEASTERLY .. LINE NORTH 68 DEGREES 39' 00" WEST 168.00 FEET; THENCE ?OLLOWING SAID • . . NORTHEASTERLY LINE NORTH 52 DEGREES 48' 00" WEST 226.87 FEET TO THE NORTHERNMOST CORNER OF SAID BELKLEY TRACT; T FOLLOWING THE NORTHWESTERLY • a • . . LINE OF SAID BULKLEY TRACT SOUTH 26 DEGREES 12' 00" WEST 179.39 FEET TO THE ' • • NORTHEAST CORNER OF PARCEL ONE OP THE T LAZY 7 RANCH SUBDIVISION; THENCE FOLLOWING THE NORTHERLY AND WESTERLY LINES O! SAID PARCEL ONE TEE FOLLOWING _,r, . COURSES AND DISTANCES; WEST 697.86 PEST, SOUTH 666.00 PEET, SOUTH 66 DEGREES ... `v' " "' , �' K j ;,_... . • 30' 26" WEST 1374.50 FEET, AND SOUTH 366.00 FEET; THENCE DEPARTING MA R WESTERLY "x " ' tea '� LINE OF SAID PARCEL ONE WEST 128.83 FEET TO THE INTERSECTION WITH THE WEST r ��`' S: „ :r - LINE OP THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; ��'� • • - THENCE FOLLOWING SAID WEST LINE NORTH 00 DEGREES 50' 17" WEST 970.25 FEET; • THENCE FOLLOWING THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST • • -• QUARTER NORTH 89 DEGREES 41' 43" EAST 1339.69 FEET TO THE WEST LINE OF THE • WEST HALF OF THE NORTHWEST QUARTER OP SAID SECTION 22; THENCE FOLLOWING SAID WEST LINE NORTH 01 DEGREES 41' 17" WEST 1323.04 FEET; THENCE FOLLOWING THE ' • NORTH LINE OF SAID WEST HALF OF THE NORTHWEST QUARTER NORTH 89 DEGREES 47' 43" ; •' • ' EAST 1326.48 FEET TO THE POINT OF BEGINNING —' COUNTY OF PITKIN, STATE OF COLORADO. ..,. a ' "'" + `�` • • • • • • . .. ..- ,: • 'Grit • • • • - ^ form EXHIBITS 01/77/03 0388586 - + 7 - .,; i • •