HomeMy WebLinkAboutbocc.res.128.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,GRANTING APPROVAL OF A SUBDIVISION EXEMPTION FOR
MAJOR PLAT AMENDMENT FOR THE COUGAR CANYON AND COZY POINT RIDGE
SUBDIVISIONS
Resolution No./,It-2001
RECITALS
1. Aspen Properties Holdings LP("Applicant') has applied to the Pitkin County Board of County
Commissioners (`BOCC")to amend the plats for the Cougar Canyon and Cozy Point Ridge Subdivisions in
order to legalize certain road improvements that were not previously approved by the County. The improved
road segment is approximately 3,700 linear feet and extends from Cougar Canyon Road to Cozy Point Way
through Lots 1 and 2 of the Cougar Canyon Subdivision and Lot 2 of the Cozy Point Ridge Subdivision
("subject road"on Attachment A).
2. The properties are located above Brush Creek Village Subdivision and are described as Lots 1 and
2, Cougar Canyon Subdivision and Lot 2,Cozy Point Ridge Subdivision.
3. The Cougar Canyon Subdivision is zoned RS-160 and the Cozy Point Ridge Subdivision is zoned
RS-30.
4. The Planning and Zoning Commission recommended approval of the request on May 1, 2001 by
a vote of 2-0.
5. The BOCC considered the application at a duly noticed public hearing on July 25, 2001.
6. The BOCC finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code.
7. The BOCC further finds that limiting the road at all times to ingress and egress of emergency
vehicles and personnel and to egress of residents in case of emergency is consistent with the limitations on
the other"secondary"roads within the Cougar Canyon Subdivision.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant approval of a
major plat amendment for the Cougar Canyon and Cozy Point Ridge Subdivisions, subject to the following
conditions,which shall run with the land and be binding on all successors in interest:
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1. Vehicular use of the subject road shall be limited at all times to ingress and egress of emergency
vehicles and personnel and to egress of residents in case of emergency. The Applicant shall place
gates at either end of the subject road,which shall be locked year-round and only unlocked in case of
emergency.
2. All human use/activity(vehicular and non-vehicular,but excluding emergency vehicles)shall be
prohibited on the subject road between December 1 and March 31 inclusive. Signs shall be installed
at either end of the subject road,which shall read,"Sensitive Wildlife Habitat. Area behind this sign
CLOSED to all human activity from December 1 to March 31,dates inclusive."
3. The Applicant shall prepare a weed control plan which complies with the provisionsof Pitkin
County's Noxious Weed Management Plan. The Plan shall address those areas disturbed during
construction of the road.
4. The Applicant shall prepare a habitat mitigation plan for review and approval by the County Wildlife
Biologist. The plan shall be implemented prior to October 31,2001. The plan shall address
restoration of 0.5 acres on the property in order to mitigate for the habitat loss associated with the
improvement of the road.
5. The Applicant shall repair the ditches adjacent to the subject road by filling them with densely
compacted fill and then protecting the ditches from erosion with erosion control matting, rip rap,
lining with an impermeable material or some combination thereof.
6. The Applicant shall revegetate the slopes adjacent to the subject road with native vegetation within
one growing season of project completion to prevent erosion. The Applicant shall not utilize
retaining walls or structures to prevent erosion.
7. The Applicant shall not perform further improvements to the road platform; specifically, an
additional layer of road base shall not be placed on the road.
8. The Applicant shall adhere to all representations made in the application and in public meetings.
NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 251'day of
May,2001.
APPROVED AND ADOPTED on the 25 h day of July,2001.
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BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By 49 .6
ATTEST: icha/el C. Ireland,Chair
Date
Aynd R. can
Cler to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Ci dy Houben,
C ttorney Community Development Director
Case 4019-01
PID#264321200008
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