HomeMy WebLinkAboutbocc.res.062.2011 RESOLUTION UPHOLDING AN APPEAL BY ROARING FORK LAND & CATTLE
COMPANY /JM SKYWAYS /JAMES AND KATHERINE BULKLEY/BRUCE E.
CARLSON TRUST OF A PORTION OF HEARING OFFICER DETERMINATION
NO. 05-2010 AND REMANDING THAT PORTION OF THE DETERMINATION
WHICH APPROVED THE ACTIVITY ENVELOPE AND THE LOCATION OF THE
PROPOSED DEVELOPMENT WITHIN THE ACTIVITY ENVELOPE ON THE
CELESTIAL LAND COMPANY PARCEL
Resolution No.a y -2011
RECITALS
1. Roaring Fork Land & Cattle Company /JM Skyways /James and Katherine Bulk ley/Bruce E.
Carlson Trust ( "Neighbors ") have applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") to appeal a portion of Hearing Officer Determination No 05 -2010, which approved
the Activity Envelope and the location of the proposed development within the Activity Envelope on the
Celestial Land Company ( "Celestial ") parcel.
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. The Neighbors asserts that the Hearing Officer erred in his approval of the Activity Envelope as
proposed and the location of the proposed development within the envelope.
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 err in his approval of the Activity Envelope as
proposed and the location of the proposed development within the envelope.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby upholds the Neighbors'
appeal of the Hearing Officer's approval of the Activity Envelope as proposed and the location of the
proposed development within the envelope.
RECEPTION #: 583513, 10/13/2011 at
03:49:50 PM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. -2011
Page 2
BE IT FURTHER RESOLVED by the BOCC that it hereby remands the Activity Envelope to the
Hearing Officer with direction to develop additional facts to determine whether or not a better alternative
location for development is present on the property that represents an increase in safety for the use of the
Celestial property as well as the surrounding properties.
APPROVED on the 9 day of May, 2011.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By 1
A, TE' T: achel E. Richards, hair
Date (alla1�/p'6 IC
J1 �/..' � Jim
Jeane a Jones 1
Dep 1 County Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Q-kwL VA/ C
John Ely, Cindy ouben,
County orn- Community Development Director
P069 -10
PID 273521400004
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• ' EXHIBIT A i : • „• '
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•
A PARCEL OF LAND SITUATED IN THE WEST 1/2 NORTHWEST 1/4 SECTION 22 AND SOUTHEAST
1/4 NORTHEAST 1/4 SECTION 21, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6T8 ` . ;•
• PRINCIPAL MERIDIAN, PITSIN COUNTY, COLORADO. BEING NORM PARTICULARLY DESCRIBED ' ^ "'' ' ..
AS FOLLOWS: •
•
-' • BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF OF TAX NORTHWEST QUARTER '
OF SECTION 221 THRICE FOLLOWING THE EAST LINE OF THE NORTHWEST QUARTER OF
SECTION 22 SOUTH 00 DECREES 53' 05" EAST 792.29 FEET TO A POINT ON THE
• . • • NORTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOR 276 AT PAGE 668 IN THE V
- PITRIN COUNTY RECORDS; THENCE FOLLOWING THE NORTHERLY LINE OF SAID TRACT if.'• ^ -':'t'
• ' ' 46.626 FEET ALONG THE ARC OF TEX CURVE TO THE RIGHT HAVING A RADIUS OF 707.00 f:,^ py,'r "T %? • .
• FEET, A CENTRAL ANGLE OF 03 DEGREES 46' 43" AND WHOSE CORD BEARS SOUTH 66 .; -
DEGREES 40' 17" WEST 46.618 FEET ALONG THE EASTERNOST CORNER OF WHAT IS NOW ..,7z.1....:1:
. ENOWN AS TO BULRLEY TRACT; THENCE FOLLOWING SAID NORTHEASTERLY LINE NORTH 12 «_ g ?5_• `'.'"::-•":.
' DEGREES 23' 00" WEST 72.79 FEET; THEP ICM 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 FOLLOWING SAID •• •
. . NORTHEASTERLY LINE NORTH 52 DEGREES 48' 00" WEST 226.87 FEET TO THE
NORTHERNMOST CORNER OF SAID SULXLEY TRACT? THENCE FOLLOWING THE NORTHWESTERLY '
LINE OF SAID BULICLEY TRACT SOUTH 26 DEGREES 12' 00" WEST 179.39 FEET TO THE
• ;:;.
NORTHEAST CORNER OF PARCEL ONE OF THE T LAZY 7 RANCH SUBDIVISION; THENCE -r
FOLLOWING THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL ONE THE FOLLOWING �'±` . . ,� a`.Y�j.•'rw
• COURSES AND DISTANCES: WEST 697.86 FEET. SOUTH 666.00 FEET, SOUTH 66 DEGREES
..p.j
30' 26" WEST 1374.50 FEET, AND SOUTH 366.00 FEET; THENCE DEPARTING THE WESTERLY �� "�'? •
LINE OP SAID PARCEL ONE WEST 128.83 FEET TO THE INTERSECTION WITH THE WEST
LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF £AID 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 OF SAID SECTION 22; THENCE FOLLOWING SAID
WEST LINE NORTH 01 DEGREES 41' 17" WEST 1323.04 FEET; THENCE FOLLOWING THE
• NORTH LINE OF SAID HEST HALF OF THE NORTHWEST QUARTER NORTH 89 DEGREES 47' 43" 't .
• . EAST 1326.48 FEET TO THE POINT OF BEGINNING iyi::_= 'y1 0
COUNTY OF PITE1N, STATE OF COLORADO. - •. .i .4 .
•
•
• . Fo rm EXHIIITA 01 /17/03 0368586 .:• -