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Home My WebLink Aboutpublication.date.08142005 - Land Use�� ! � 310 East Main Street, Aspen, Colorado 816i1 PROOF OF PUBLICATICJN STATE OF COLORADO } } ss. COUNTY OF PITKIN } l, Jenna Weati�erred do sofemnly swear that 1 am PUBLISH- ER oi the ASPEN TIMES WEEKLY; that ihe same is a week- ly newspaper printed, in whole or in part, and publishecl in the County of PITKIN, State of Colorado and has a general circu- lation therein; that said newspaper has been published con- tinuously and uninterruptedly in said County ot Pitkin for a period oi more than filty-two consecutive weeks next prior to tlie lirst publication of ihe annexed legai notice or advertise- ment; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and Liat said newspaper is a weekly newspaper duly quali(ied for publishing legal notices and advertisements within the mean- irg bf the laws of the State of Colorado. That the annexed legal notice or adveriisement was published in ti�e regufar and entire iss�e of every number ot said week- 1y newspaper for the period of __(__ consecutive insertions; and tl�at the tirst publicat' n of said notice was in the issue of said �ewspaper dated ( _ A.D., 20 C�S , and the last publication o aid otice was in the isye of said newspaper dated �� A. D. 20 G`� In witness whereof i have her into set my hand. P blisher` Subscribed and sworn to before me, a notary pvblic in and for �he County of Pitkin, Stale of Colorado, this �� day of �'� A.D., 20 D � . (SEAL) _ _ C�c+�[�--- Notary Public My Commission expires �� `�-�b PUBLIC NOTtCE NOTICE IS HEREBY GNEN TO THE CENERAL PII6LIC OF THE FOLLOWING MATTERS OF IN- TEREST REGARDING THE PITKIIY COUIYTY BOARD OF COUNTY WMMISS(ONERS: • Unless otherwise notified all regular and spe- cial meetings will be held in the Board of County Commissioners, Plaza One Co�ference Room, 530 E Main St, Aspen • All regulaz meeting items begin at 2:00 p.m., or as soon thereaher as the conduct o[ business al- bws. Check agenda or call 920.5200 for meeting times for special meetings. • Copies of the full text o[ any resolution(s) and ordinance(s) referted to aze available during reg- ular business hours (8:30 - 4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen,Colorado 51611 NOTICE OF UPCOMING PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON AUGUST 24, 2005: COM DEV The following Ordi�ance: • AIV ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLOR4- D0, AMENDING SECTION 9-110-051(A) OF THE PITKIN COUNTY LAND USE CODE, GROWTH MANAGEMENT F.XUbiPT10N FOR ONE SINGLEr FpMILY DWELUNG UNIT ON ANY PARCEL WHICH WAS LEGALLY CREATED BEFORE JUNE 12, 1978 ORDINANCE NO. = 2005 RECITAIS I. Tagert Lakes Family Trust ("Applicant") has proposed to amend the Land Use Code ("Code°) provision regarding the growth management ex- emption for pre-1978 parcels to allow the transfer of a development right to an adjacent parcel in order to enwurage clustering, preservation of open space, agricultural lands and/or wildlife habitat areas, and to take advantage of a site's unique natural resources and scenic features, and avoid or mitigate any hazardous areas. 2. George Stranahan originally submitted this code amendment in conjunction with a land use application for the Flying Dog Ranch. The origi- nal code amendment also proposed to amend the Code to clarify that historic structures do not count as a unit of density; this amendment is not contemplated at this time. 3. The Pitkin County Planning and Zoning Com- mission considered the originally proposed code amendments at regularly scheduled meetings on September 9 and October 21, 2003, and recom- mended approval by a vote of 3-0. 4. The BOCC wnsidered the code amendments proposed by Mc Svanahan at a duly noticed pub- lic heari�g on first reading on January 14, 2004. The BOCC tabled the code amendment on sewnd reading on March 10, 2004 to qive the Applicant � �� o�� a- � �` �� an opportunity to provide addiiional information related to the land use application; the Applicant has not submitted additional information, there- fore, the code amendments have been on hold. 5. The Applicant has requested to pursue the portion of Mr. Stranahan's code amendment as specified above. 6. The BOCC considered the proposed code amendment at a duly noticed public heazing on first reading on August 24, 2005. The BOCC voted to approve the proposed amendment on second reading on . 2005. 7. The BOCC finds that the proposed code amendment is consistent with the applicable pro- visions ot the Code. NOW, THEREFORE, BE ►T ORDAINED by the BOCC that it hereby amends Title 8 of the Pit- kin County Code, the Land Use Code, as follows in Attachment A. THIS ORDINANCE SHAI.L BECOME EFFECTIVE 30 DAYS AFI'ER PUBLtCA710N FOLLOWING fl- NAL ADOP770N BY THE BOA6D OF COUNTY COMMISSIONERS. ATTACHMENT A III. REPEAL AND REENACT SECTION 9-110. O51(A), GROWTH MANAGEMENT EXEMPTION POR ONE SINGL�FAMILY DWELLING UNIT ON ANY PARCEL WHICH WAS LEGALLY CREATED BEFORE JUNE 12, 1978 9-110-051 F�cemption tor One LargeSized Sin- glaFamily Dwelling Unit for: Board-approved Sub divisions; Prr1978 Parcels; and Thirty-Five or More Acre Parcels Created Prior to January lQ 2000 and Located Within the Crystal River or Fry- ing Pan Areas A Growth Management exempfion is provided for large single-family dwelling units toc s�bdivi- sions approved by the Board ot County Commis- sioners; parcels legally created and configured before Jwe 12, 1978; and thicry-five (35) or more acre parcels created prior to January 10, 2000 and located within the Crystal River or Frying Pan areas as follows: A. Exemption For One Single-Family Dwelling Unit on Any Parcel Which Was Legally Created Before June 12, 1975. The construction of one sin- gIe-family dwelling unit on a parcel, legally creat- ed betore June 12, 1978, may be exempted from Growth Management This exemption is subject to the following: 1. Dwelling Units Limited in Size. Subject to all other required development approvals, the sin- gle-family dwelling unit exempted (rom Growth Management shall be limited to a five thousand, seven hundred fifry (5,750) square feet of floor area exemptioo. An existing dwelling unit shall be permitted to expand to the larqer of tive thou- sand, seven hundred fifty (5,750) square feet of Floor area as provided in this section, or by one thousand (1,000) square feet as provided in Sub section &110-052(C). 2. One Single-Family Dwelling Unit Exempted. An improved pre-197S parcel may be allowed one sinqle-tamily dwelling unit exempt from Grow[h Management, notwithstanding the improvement of the parcel with any other stmctures other than free market dwelling units. If there is an ex- isting free market single-family dwelling uni[ on the parcel, the unit may be replaced subject to compliance with Subsection 9-110A52(D). 3. Addi[ions Disallowed ior Five Years After Cer- tificate of Occupancy. The addition exemption o[ Subsection 9-110-052(C) shall be prohibited for five (5) years after the issuance of the certificate of occupancy for the dwelling unit created through this exemption, except [or additions uti- lizing transierable development rights to obtain an exemption trom Growth Managemen[ or the award of allo[ments through Growth Manage- ment. 4. Calculation of Floor Area. The tive thousand, seven hundred fifty (5,750) square foot exemp- tion provided through this incentive shall be measured including all residential structures and, where the parcel/lot is less than twenty (20) acres in size, all agricultural buildings. 5. To[al Fioor Area Reserved. A single-Family dwelling unit constructed pursuant to this inren- tive with less [han tive thousand, seven hundred fifty (5,750) square feet shall be entitled to the to- tal Floor area of five thousand, seven hundred fif- ty (5,750) square feet tor any future development. The construction of additional floor area up to five thousand, seven hundred fifty (5,750) square feet shali not be considered an addition subject to the tive-year rule set forth in Subsection 9-ll0-051(A)(3). 6. Covernmental Lands Unyualified. Lands owned or controlled by any governmental entity or division on or before June 12, 1978, do not quali(y for this exemption. 7. "Fa[hering Parcel" Retains Exemp[ion Even if Reconfigured After June 12, 1978. An original "fa- thering parcel" which was legalty configured as of June 12, 1978, retains one Growth Management exemption subject to the limitations of this sec- tion, notwithstanding any recontignration of the parcel after June 12, 1978. The exemption shall be granted to the parceV which seeks the exemption first in time, or designated in the subdivision or division of the original tathering parcel. 8. THE GROWTH MANAGEMENT EXEMPTION MAY BE TRANSFERR£D TO A CONT{GUOUS PAR- CEL UNDER SEPARATE OWNERSHIP OR AN ADJA- CENT PARCEL UNDER THE SAME OWNERSHIP THAT IS SEPARATED FROM THE FATHERING PARCEL BY A PUBLIC ROAD OR OTHER RIGHT- OF-WAY, SUBJECT TO SPECIAL REVIEW AND THE FOLLOWING ADDITIOIVAL STANDARDS: A. THE TRANSFER OF THE GROWTH MANAGE- MENT EXEMPTION SHALL: 1. ENCOURACE THE CLUSTERiNG OF BUiLDINGS AND USES; 2. ENCOURAGE THE PRESERVATION OF OPEN SPACE, AGRICULTURAL LAIVDS AND/OR WILD- LIFE HABITAT AREAS; 3. TAKE ADVANTAGE OF A SITE'S UNIQUE IVATU- RAL RESOURCES AND SCENIC FEATURES, AND AVOID OR MITIGATE ANY I IA7.ARDOUS AREAS. B. A deed restriction shall be recorded against the tathering parcel and the receiving pazcel to memorialize the transfer of the growth manage- ment exemption, prior to recordation of the 1041 site plan, plat or other applicable approval tor the receiving parcei. NOTICE OF UPCOMIIVG PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON AUGUST 24, 2005: The foflowing Resolutions: • Regarding an application submitted by Howard Vagneur with Western Adventures, Inc, for the a 10 year extension For a commercial snowmobile operation. The property is located at Woody CreekJ Lenado Area. The State Pazcel Identifica- tion Number tor this property is 2641-271 (2005) (P177-05). The application�resolution are availa- ble for public Inspection in the Communiry Devel- opment Department, City Hall, 130 S. Galena St., Aspen CO 816i1. For further information, contact Lance Clarke at (970) 920-5452. • Regarding an application submitted by Lyle Reedei and Staniord 7ohnson, P.O. Box 4559, As- pen, CO 8161'2 for an extension o[ vested rights, 1041 hazard review amendment to the approved building envelope. The property is located at 333 S. Second Street and is legalty described as Tract A of Parcel A, Government Lot 20 Subdivision Eac- emption. The Sta1e Parcel Identiiication for this property is 273512420001 (CASE# P176-05) The application/resolution are available for pub- lic inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 816ll. For further information, contact Suzanne Wolff at (970) 92Q5093 NOT[CE OF FINAL ADOPTIONS AT THE FOLLOWING DULY•N077CED PUBLIC HEAR- INGS BEFORE THE BOARD OF COUN'I'1' COMMISSIONERS ON JULY 27, 2005: The following Resolutloa: • Approving the Watson Divide Ranch, Inc Spe- cial Review and GMQS Exemption to Exceed 15,000 Square Feet of Floor Area with a Transferable Development Right for a parcel of land situated in Sections 1, 2, and 12 of Township 9 south, 86 West of the 6th Principal Meridian, Pftkin County, Colorado. � This approval of site specific development plan includes a vested property right pursuant to Title 24, Article 6S, CRS. Jeanette Jones Deputy County Cferk Published in the Aspen Times Weekly on August I4,2005.(2974)