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4805766
ACCt: 1013902
�hone: �970)920-5223
:-Mail:
Client:
Caller: �eanette Jones
�cei pt
4d Name: 4805766D
Editions: 8ATI/8ATW/
Start: 03/28/10
Color:
Ad Ticket #5
Name: Pitkin County Finance(Legal)
Ad d ress : 530 E Main ST 2nd FI
Copyline: 4805766 atw Page 1 PO No 200
Lines:
Depth:
Columns:
Discount:
Commission:
Net:
Tax:
Tota#
Payment
0
13
5
0.00
0.00
0.00
0.00
0.00
Clty' Aspen
State CO
Original Id: 0
Class: 0990
Stop: 03/28/10
ISSU@ �
Rep: Deb Davis
Zip: 81611
Ad shown is not actual print size
�nvn, �nar cc, tu �u .�'. .".""
4805784
ACCt: 1013902
Phone: �970)920-5223
E-Mail:
Client:
Caller: �eanette Jones
�eceipt
Ad Ticket #5
Name: Pitkin County Finance(Legal)
Address: 530 E Main ST 2nd FI
Ad Name: 4805784D
Editions: 8ATI/8ATVU/
Start: 03/28/10
Color:
Copyline: 4805784 atw Page 2 PO No 200
Lines:
Depth:
Columns:
Discount:
Commission:
Net:
Tax:
0
11.25
5
0.00
0.00
0.00
0.00
Payment 0.00
Clty' Aspen
State CO
Original Id: 0
Class: 0990
Stop: 03/28/10
ISSU@ �
Rep: Deb Davis
Zip: 81611
Ad shown is not actual print size
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE
PITKIN COUNN BOARD OF COUNTY COMMISSIONERS:
• Unless otherwise notified all regular and special meetings will be held in the_Board of County Commissioners, Plaza One
Conference Room, 530 E Main St, Aspen
• All regular meeting items begin at 12:00 p.m., or as soon thereafter as the conduct of business allows. Check agenda at
http.//www aspenoitkin com or call 920-52�0 tor meeting times for special meetings.
• Copies of the full text of any resolution(s) and ordinance(s) referretl to are available during regular business hours (8:30
- 4:30) in the Clerk and Recorder's office, 530 East Main Street, Suite 101, Aspen, Colorado 61611
• NOTICE OF UPCOMING PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON
WEDNESDAY APRIL 4 207 :
ORDINANCE OF THE BOARD OF CpUNTY COMMTSSIONERS OF PITKIN COUNTY,
COLORADO, REZONING TWO SITES ON THE FATHERING PARCEL OF THE MCCABE
RANCH LOW IMPACT SUBDIVISION: ONE FROM AH'CO RS-30 (SHOP SITE) AND ONE
FROM RS-30 TO AH (DUPLEX SITE); AND AMENDING ORDINANCE NO. 29-2008 TO
CORRECT THE LEGAL DE5CRIPTION FOR THE RANCH MANAGER'S STTE
Ordinance No. -2010
RECITALS
1. Harry A. Collins, Trustee of the Harry Anthony Collins and Judith A!!en Collins Revocable Trust
Agreement ("ApplicanY') has applied to the Board of County Commissioners oP Pitkin Counry, Cobrado
("BOCC") to rewne one site on the Fathering Parcef from AH to RS-30 (the old shop site) and to rezone a
separate site: on the Fathering Parcel from RS-30 to AH (area adjacent to the arena where a deed restricted
duplex will be constructed).
2. The Applicant has also requested to amend Ordinance No. 29-2008 to correct ihe legal description
forthe Ranch Manager F,nve(ope.
3. The property is Iocated aY 70 McCabe l�anch Road, is referred to as the Fathering Parcel of the
McCabe Ranch Low ]mpact Subdivision, and is more specifically described in Exhibit A.
4. The Fathering Parcel is primarily aoned RS-30/PUD and contains 95 acres. Thei�e are f'our smal!
areas within the Fathering Parcel that are mned Ali.
5. The Pitkin Counry Planning and Zoning Commission considered the proposed rezonin� at a
regularly scheduled meeting on January i9, 2010, and recommended approval by a vote of 3-0.
6. The BOCC considered the proposed rezoning on first reading on March 24, 201 Q and on second
reading at a duly noticed public hearing on April 14, 2010.
7. The BOCC finds that the proposed rezoning is consistent with the applicable provisions of the
Pitkin CounN Land Use Code.
NOW, THEREFpRE, BE IT OTtDAINED by the BOCC that it hereby rezones one site on the
fathering Parcel from AH to RS-30 and rewnes one site on the Futhering Parcel from RS-30 to AH, as
shown in Exhibit B. The two sites on the Fathering Parcel are described in Exhibits C("Shop Suitding
Envelope") and D("Duplex Building F,nvelope").
BE II' FURTfIER ORDAINED by the I�OCC that if hereby amends Ordinance No. 29-2009 to
correct the legal description for the Ranch Manager Emelope, as described in Exhibit E.
INTRODUCED AND FIRST READ on the 24`h day of March, 2010.
NOTICE OF' PUBLIC HEARING published in the Asnen `Pimes Weeklv on the 27th day of Maroh, 2010.
APPROVED AND ADOATED AFT�R SF.COND REAllING A1' A PUBI,IC HEARING on the 14'"
day of April, : 010.
PUBLISHED AFTER ADOPTION in the Aspen Times Weeklv on the ___ day of __, 2010.
THIS ORDIN.ANCC SHALL NOT' BECOME EFFECTNG llNTll, FINAL APPROVAL BY'THL'
BOARD OF COUNTY COMMISSIONF,RS OF THE COId.INS SUBDNISION/PUD FINAL PLAT.
BOARD OF COUNTY COMMISS10Nf-.RS
nP PITKIN COUNTY, COLOKADO
By-
ATTEST: George Newman, Chair
Date
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO FORM: APPRQVED AS TO CONTCNT:
John Ely, County Attorney Cindy Houben,
Community Development Director
PI05-09
PID 264507101U04
EXHIB!'i "A"
LE(�i1L DESCRiP'TION
A tract of land sftuate in Sectio� 5, 6, 7, 8 and 17 of Townstrip 9 South, Range B6 West of the 6th Prk�cipal Meridian,
befng more partfculaAy described as Polbws:
Beginning at a pdnt on ihe South Gne of Tract 1 ot the J.H. McCabe Tracts, Cowty of Pitk{n, SWte ot Cobradowhence
the Northeast oorner of said Section 5 bears N 39°45'01" E 57A9.30 feet;
thence S D3°4754" W 641.12 feet abng the West line ot Tract 8 of said J.H. M�ebe Tracb;
fihence 513°t4'00" W 1380.00 feet atong the Wesl line of said Tract 6 and Tract 10;
thence S 07°48'00" W 768.94 feet ebng sefd Westline of Tract 9q;
thence S 07°48'00" W 613.06 feet alang saW West Ifne M said Trad 10;
thsnce S 11'33'00" W 1140.00 feet abng saW West line of said Traot 10;
thence S 17°48'00" W 430.'74 fee�
thence N 90°00'DO" E 11 t0.38 feet along the South Gna of said Trect 70;
thence N 11°38�34° E 2134.51 feet ebng the East Gne of said Tract 10;
thence N 00°28'26" E 1255.00 feet along the East line of said Tract 10;
�ana S BB°OT59" E 85,13 feet;
thence 3 01 °11'09" E 131.78 te� tn a fenca IhiB;
themx along said fenee Ane the iolbwing 15 coursea:
��. s oo°27'OB" W 1123.80 feet, thenee
2). S 89°32'47" E 294.87 feef, thenee
3). S 30°10'Zg" W 396.85 fee4 ��
4). 5 21°5T57" W 259.09 feet, thence
5�. S 08°54'S9" W 947.70 feet, thence
8). S 14°2T25" W 6B7.20 feet, thenca
7). S 14°30'20" W 460.8p feet, thence
8). S 25°55'36" W 316.14 feef, ther�ce
9). S 25°15'S4" W 228.41 feet, thence
10).S 26°44'08" W 261.07 feet, thernce
11).S 28°40'29" W 233.52 feet, thence
12).S 28°2p'S'1" W 213.01 fee; tbence
13).S 28°35'35" W 248.62 feet, lhence
14).S 82°28`08" E 12.58 feet, thence
15).S 26°33'24° W 137.28 feet to Ne East iine of Gwernment i.ot 3 of Section 17;
thence N 03°2H'36" W 1473.69 feet abng the East Nne oi said Oovamment Lot 3 and Lot 21 of Seclion 8;
thence N 88'22'16" W i 328.55 feet alag t�e South line of Covemment Lot 20 of Sectlon 8;
thence S 88°SA'35" W 1309.39 teat abng fhe SoWt Iine of Governmeid Lot 10 of Section 6;
thence N 01 °O6'24" W 1337.29 feet along the West line of said Govemment Lot 10;
th�ce S 89'14'2T W i310.58 ieet alomJ the South Ane Govemment Lots 9 erM 1D;
ihence N 00°25'09° E 226.87 feet aWng the West Nne of Govemment Lot 9;
thence N 39°08' 10" E 494.02 feet;
thence N 40°04Y6" E 887.70 feet;
thence N 41°09'27" E 852.27 feet
thence N 34°03'10" E 243.85 feet;
l�ence N 65°03'14" E 139.29 feex
therroe N 18°13'10" E 145A2 fast
tt�ence N 33°Ofi'32" E 104.69 feet;
fhence N 60'38'10" E 78.84 feet;
thence N At°33't0" E 23126 feet;
thence N 53°13'17" E 705,08 feet;
thence N 00°D7'50" W 89.93 feet;
thence N OU°11'50" W 482.69 feet;
thance N 00°33'50" W 404.85 feet;
thence N 00°33'S0" W 88.65 feeC
thence N 00°2'4'50' W 122.60 feet;
thence N 38°35'39" E 7224.58 feet;
thence S 69°42'05" E 291.12 feeX
thence S 67°49'S0" E 133.51 feet;
thence S 01 °57'00" E 157.23 feeX
thence S 02°09'00" E 380.25 fes�
thence S 02°04'�D" E 196.99 fee�
thenca S 02°04'00" E 799.55 feeX
thence S 02°OB'00" E 377.76 fee�
thence S 02°10'00" E 60.00 feet;
thence N 72°39'29" E 78321 feet to the point of beginning.
EXCEPTING from the above description MeCaba Ranch Subdivision recorded April 28,1994 in Piat 800k 34 af Page 37-
39.
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EXHIBIT B
PROPERTY DESCRFPITON
SHOP Sl31LDING FNVFd.OPE
APARCEZ OP LANB SITUATED IN THE NNl/4 OF SEC770N 8, TOWNSHIP 9
SOUTH, RANGE B6 WB5T OF 1I� SIXTFi PRINCIPAL MERmIAN. COUNTY OF
PTTKiN, 5TATE OF COLORADO; 3AID PAt2CE[. BEING MOR6
PART[CULARLY D85CRIF3ED AS FOLLOR'S:
EXHIBIT B cont.
C70HA�fQNOAT THB WE3f QUA6TEIt CORNER OF SHClTON 6 OF 9AID
TOWN5AIP 9 SOTTIii, RANt�E 86 WBST OF 1'HE 31X1'H PRINCIPAL
MERIDiAN, A 3T� 1N PIACB (Wt�NCETHHNORTHW&Yf CORlVliROF
SAID SECTIQN 6,A CiLO BRA33 C.AP IN PLAC$ BBAR5 N00°2T17�'EA
D157'ANCB OB 2554.9A F6ET); tI�.NCS 310°43'OT°S A DL4TANC6 OF 3,486.16
FEEl"PD 1H�TCE 370°OT'Ol "B A DISTANCE OF
144.85 FEEP; TFISDTtB AL�IC3 SliB hRC OF ANON-TANGENT CURVBTO
TBB RI6HT HAViNCi A RADNS OF 8233 FEEf AND A(�NT'RAI, AN(iI,E OF
93°OS09", A DL4fAI�fC� UF 133.76 �FE1; (LiiORD BEARB 816°35'OD'BA
DiSTANCE OF 119.52 FS87');11�TCE 333°2720"W A DISTAAICB OF 170J5
FE8T;1l�NCEN13°58'1TW A DISTANCB pF 315.60FEET TU THB P()IIr'f OF
�; 3ATD PARCEL CONCAIIJIIdC}0.664 ACR63r MORS OR LESS.
p REQ7�T
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i r 195A6 � � t
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EXHIBIT D
PROPERTY DESCRII'TION
AH-DUPENVELOPE
A PARCEL QF LAND SITUATED IN THB NW ]J4 OF SECTTON 8, TOWNSHIP 9
SOUTH, RANGE 86 WEST OF THE SIXTH PRINCII'AL MERIDIAN, COUNTY OF
PITKIN, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTTCULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTBR CORNER OF SECTION 5 OF SAID
TO WNSHIP 9 SpUTH, RANGE 86 WBST OF TAE SIXTH PRINCII'AL
MERIDIAN, A STONE 1N PLACE (WHENCE THE NORTHWEST CORNER OF
SAID SECTIpN 5, A GLO BRASS CAP IN PLACE, BEARS N00°2T 17°E A
DISTANCE OF 2554.94 FEET); THENCE S18°OY50"E A DISTANCE OF 3165.90
FEET TG THE POINT OF BEGINNING; THENCE S73°38'06"E A DISTANCE OF
135.t8 FEE'f; THENCE 516°21'S4"W A DISTANCE OF 57.00 FEET,'CHENCE
N77°38'G6"W A DTSTANCE OF 135.18 I'E�T; THENCE N16°2P54"E A
DTSTANCE OF 57.00 FEET TO THE POINT OF BEGiNNING; SAIA PARCEL
CONTAINING 0.177 ACRES, MORE OR LESS.
EXHIBIT E
PROPERTY DESCRTPTION
RANCH MANAGER ENVF,I.OPE
A PARCEL OF LAND SITUATEU [N "I'HE N W 1/4 OF SECTION 8, TOWNSHLP 9 SOUTH,
RANGE 86 WEST OF THE SIXT}� PRINCIPAL MER�DfAN, COiJNTY OF PITKIN,
STATE OF COLORAUO; SAID PARCEL AEfNG MORE PARTICL3LARLY DF,SCRIBED
ns roLLOws:
COMMENCING A1"I'HE WES'P QUARTER CORNER OF SECTION 5 OF SA1D
TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THL' SIXTH PRINCTPAL MERIDIAN, A
STONE IN PLACE {WHENCE THE NOTtTHWES'I' COItNER OF SAID SEC7'ION 5, A GLO
BRASS CAP IN PLACE, BEARS N00°27' 1 TT A DISTANCE OP 2554.94 FEET); THENCE
SI2°06'33"E A DISTANCE OF 3,83A. l9 FEET Tq THE POINT OF BEGINNING; THENCE
Al2Q°09'07"E A DISTANCE OF 89.13 FEET; TH�NCE ALONG'PHE AKC OF A NON-
'I'ANGENT CURVE TO THE RIGHT HAViNG A RADIUS OF 2436 FEET AND A
CF,NTRAI. ANGLE OF 165°46'44", A DTSTANCE OF 70.48 FEET, (CHORD BEARS
S77°58'19"E A DISTANCE OF 4835 FEfiT);'1'HF..NCE S01°39'S3"W A ptSTANCE OP 23.54
FfiET;'1'FIBNCE S14°42'S4"W A llIS9'ANCE OF 57,45 FEET; TIiENCE S18°41'06"W A
DISTANC� Or 118.86 FELT; THENCF. ALONG THE ARC OP A NON-TANGENT CURVE
TO THE RIGHT HAViNG A RADIUS OF 22.08 FEET AND A CENTRAL ANGLE OF
154°56'1 l", A DISTANCE OF 59.71 FtiGT, (CIIORD BEARS N75°48'00"W A DIST'ANCE OF
A3.11 FEET); THENCF.. N04°l6'34"E A llISTANCE OF 56.96 FEET; THENCE N7 4°26' 17"E
A DISTANCE OF 8234 FEET TO T'HE POINT OF BEGlNNINCz; 5All? PARCEL
CONTAINING 0.327 ACRLS, MORE OR LESS.
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADQ,
AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE,
AMENDING SECTION 2-30-30 (h) (4), SUBDIVISION EXEMPTION FOki OPEN SPACE PARCELS
2. The Planning and Zoning Commission reviewetl the proposed amendments at a regularly scheduled meeting on February 16,
2010. The Commission voted 5-0 to recommend approval to the BOCC in favor of the proposed code amendment.
3. The BOCC reviewetl the application at 7�' Reading at a duly noticed public hearing on April 14, 2010, and at a duly noticed
public meeting on April 28, 201�. Evidence and testimony were presented with respect to this amendment.
4. The BOCC finds that this Code Amendme�t is consistent with Pitkin County's goals and policies regartling land use and
developmenT in the County.
NOW, TNEREFORE, BE fT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends Section
2-30•30 (h) (4) of the 2006 Pitkin County Land Use Code, as set forth in Ezhibit A.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 281h day of March, 2�10.
INTRODUCED ON PIRST READING AT A pUB�IC HEARING on the 14th day of April, 2010.
EXHIBIT A
2-3U3U(h��l� A subdivision exemption to create parcels for community and pu6lic facilities
or open space shall be permitfed at the discretiun ot the BO C subject to compliance with
standards in this aectian.
(a] The subdivision of land for community and public facilities and open space, including
parcels(or conveyance Yo public entAies Por puhllc purposes, is exempt (rom subdivision
su6ject to compliance with the standards in Sec. 6-30-120.
tb] This subdivision exemption may be utilized on an existingnon conforming sized lot or
parcel and it mav also result in ihe creation uf a non-contormina sized bt or uarcel
(eJ Mv open space oarcel created throuah this subdivision exemotion shall 6e subiect to
an ooen snace covenant anpmved 6y the Countv Akomey aad the Communrty
Development Director which at a minimum shall restrict ihe omnertv Gom f t re
development and subdivision. The covenant shall soecify that the open space parcel
shall not be conveyed separatelv from the remainder oarc �I unless conveyed to Pitkin
Gounty or Pitkin Countv Open Saace and Trails
jt� Pnv ooen space oarcel created throuah ihis section shaii vield a significant o�blic
benefit m terms of pu6hc outdoor recreation the protection of wildlife habitat the
oreservahon ot npen soace ihe scenic enjovment ofthe oublic and/orthe or servation
of an historicallv imnortant land area
(eJ The purpose o( the creation of the open space parcei shall not be to lessen a pridate
propertvowner's propertvtax liabilitv
(Q M applicant shall be required to prepare and recard with the County Clerk and
Recorder a su6division and exemption plat approved by fhe Community �evelopment
Director meeting ihe requirements of Pdkin County Land Use Ppplication Manual.
(gJ For applications that complp with appficable criteria, a GMQS exemption is available
pursuantto Sec.6-30-120.
• NOTICE OF UPCOMING PUBLI HEARIN S B FOR THE BOARD OF CAUNTY COMMISSfONERS ON WEDNESDAY
APRIL28 2010'
The following Resolution(s)
RE: Middle Ranch LLC Rezoning, C�-PUD Plan Fieview, GM4S Exemption, AcSvity Envetope Review, and Special Reviews
for Agricultural Housing and Wind Power (CASEIi P003-70; PID 2465-274-02-007) an application submitted by Middle
Ranch LLC (c% Jody Edwards, 201 North Mill Street, Suite #203, Aspen, CO 81611) requesting to rezone the property
to CD-PUD and obtain approval of a CD-PUD Plan for "Development Option 2-Commercial Agricultural Development"
to accommodate up to two single family residences, two caretaker dwelling units, agriculturaf buildings, and to obtain
TDRS As well as special review approvals tor agricultural housing and wind power. The property is located at 2600 West
Sopris Creek Road, and is legally described as Tract 74 antl Lots 3, 4, 5, 6, & 7, Section 27; and parcels of {and in the
N% of Sedion 34; all in Township 8 South, Range 87 West of the 6th P.M.. The State Parcel Identification Number for
this property is 2465-274-02-007. The application and resolution are available for public inspeclion i� the Community
Development Department, City Hall, 130 S. Galena St., Aspen CO 87617. For further intormation, contact Suzanne Wolff
at(970)920-5093.
NOTICE OF APPLICATION TO BE CONSIDERED BY THE OMMUNITY DEVELOPMENT DIRECTOR�
RE: Moser Activity Envelope, Site Plan Review, and Caretaker Dwelling Unit
RE:
RE:
(Case P015-10) An application has been submitted by Kathleen Ann Moser (114 Jackson Sheet, Omaha, NE 68102)
requesting to obtain Site Plan Review approval to replace the existing single family residence, and to add a garage with
Caretaker Dwelling Unit above and a studio. The property is located at 0199 Capitol Creek Road antl is legally described
as Lot 6, Capitol Woods Subdivision. The State Parcel Identification Number for the property is 2645-032-01-003. The
application is available for public inspection in the Pitkin County Communiry Development Department, City Hall, 130 S.
Galena St., Aspen, CO 81617. For further information, contact Suzanne Wolff at (970) 920-5093.
Fifield Activiry Envelope Review and Special Review, GMQS Exemption for Caretaker Dwelling Unit (Case P016-10) An
application submitted by Jim and Betsy Fifield (350 Eagle Park Drive, Aspen, CO 81617 ) requesting to obtain activity
envefope review approval to reestablish the previously approved building and lantlscape/access/utility envelopes, and
to obtain approval for a caretaker dweiling unit. The property is located on Eagle Park Drive and is legally described as
Lot 2, Fifield Subdivision. The State Parcel Identification Number for the property is 2735-102-03-002. The application is
available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St.,
Aspen, CO 81611. For further iMOrmation, contaci Suzanne Wolfl at (970) 920-5093.
Nichols Site Plan with Scenic Review (Case P013-10) An application submitted by John and Lorraine Nichols (PO Box
R, Aspen, CO 81612) requesting Site Plan approval for an accessory structure with bathing facilities. The property is
located at 3507 West Sopris Creek Road and is legally described as Tract 1 antl 2, Parcel 54, Sopris Creek Ranch
Subdivision. The State Parcel Identification Number for the property is 2465-287-07-001. The application is available for
public inspection in the Pitkin County Community Development Department, City Hall, 730 S. Galena St., Aspen, CO
81611. For turther information, contact Can Anne Holcomb at (970) 920-5092.
NOTICE OF DETERMINATIONS BY THE COMMUNITY DEVELOPMENT DIRECTOR"
The following Determinations on March 18, 2010:
Granting approval for the Approving the Delise Activity Envelope, Site Plan R& Special R CDU (Case P733-O8; Deter. #77-
2010). The property is located at 1574 Woody Creek Road and is Iegally described as a Tract of land situated in Lots 8 and
13 of Section 15, Township 9 South, Range 85 West of the 6'^ P.M. The State Parcel Identification Number for the property is
2643-t51-0�-006. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado
Revised Statutes.
S/Cindy Houben
Community Development Director �
• NOTICE OF FINAL DETERMINATIONS BY THE HEARING OFFI ER�
The folbwing determination on March }7, 2010:
Ordinance No. ,__- 2010 Granting approval for the Troutman Activity Envelope Review (Delermination No. 02-2010; Case No. P031-09). She property is
located on Chateau Way and is legally described as all that certain real property situated in the SE % of Section 15, and the NE
RECITALS % of Section 22, Township 9 South, Range 66 West of the 6" P. M. The State Parcel ldentificatbn Number for the properiy is
2645-154-00-014. This site-specitic development plan grants a vested property right pursuant to Title 24, Article 68, Colorado
7. Pitkin County Communiiy Development StaH has initiated a Land Use Code amendment to amend the Pitkin Counry Land Use Revised Statutes.
Code (PCLUC) in a� effort to expand and clarity the provision which provides a subdivision exemption for community and public s/James True ,
facilities or open space. The amendment is made to the following section. Hearing Officer
Cha ter 2 Jeanette Jones, DepuTy County Clerk
EXHIBIT A— Amended Section 23030 (h) (4), Subdivision Exemption to Create Parcels for Community and Public Facilities
or Open Space. Published in the Aspen Times Weekly on March 28, 2009
� � �¢ �: yo
A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 8, TOWNSHIP 9
SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
PITKIN, STATE OF COLORADO; ASID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENClNG AT THE WEST QUARTER CORNER OF SECTION 6 OF SAID
TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A
STONE IN PLACE (WHENCE THE NORTHWEST CORNER OF SAID SECTION 6, A
GLOW GRASS CAP iN PLACE, BEARS NOQ°27'17"E A DOSTAMCE PF 2554.94
FEET); THENCE S10°43'07"E A DISTANCE OF 3,480.16 FEET TO THE POINT OF
BEGINNING; THENCE S70°07'01"E A DISTANCE OF 144.85 FEET; THENCE ALONG
THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
82.33 FEET AND A CENTRAL ANGLE OF 93°05'09", A DISTANCE OF 133.76 FEET,
(CHORD BEARS S16°35'00"E A DISTANCE OF 119.52 FEET); THENCE S33°58'17"W
A DISTANCE OF 315.60 FEET TO THE POfNT OF BEGINNING; SAID PARCEL
CONTAINING 0.664 ACRES, MORE OR LESS.
ORDINANCE OF THE BOARD OF COUNTY COMMISSlONERS OF PITKIN
✓ COUNTY, COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE,
SPECIFICALLY THE 2Q06 LAND USE CODE, AIIIIENDING SECTION 2-30-30 (h)
(4), SUBDIVISION EXEMPTION FOR OPEN SPACE PARCELS
Ordinance No. - 2010
RECITALS
Pitkin County Community Development Staff has initiated a Land Use Code
amendment to amend the Pitkin County Land Use Code (PCLUC) in an effort to
expand and clarify the provision which provides a subdivision exemption for
community and public facilities or open space. The amendment is made to the
following section.
Chapter 2
EXHIBIT A— Amended Section 2-30-30 (h) (4), Subdivision Exemption to Create
Parcels for Community and Public Facilities or Open Space.
2. The Planning and Zoning Commission reviewed the proposed amendments at a
regularly scheduled meeting on February 16, 2010. The Commission voted 5-0
to recommend approval to the BOCC in favor of the proposed code amendment.
3. The BOCC reviewed the application at 1St Reading at a duly noticed public
hearing on April 14, 2010, and at a duiy noticed public meeting on April 28, 2010.
Evidence and testimony were presented with respect to this amendment.
4. The BOCC finds that this Code Amendment is consistent with Pitkin County's
goals and policies regarding land use and development in the County.
4
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends Section 2-30-30 (h) (4) of the 2006 Pitkin County
Land Use Code, as set forth in Exhibit A. '
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 28�' day of
March, 2010.
INTRODUGED ON FIRST READING AT A PUBLIC HEARING on the 14th day of April,
2010.
EXHIBtT A
2-30-30(h)(4) A subdivision exemption to create parcels for community and public facil,ities
or open space shall be permitted at the discretion of the BOCC subject to compliance with
standards in this section.
(a) The subdivision of land for community and public facilities and open space, including
parcels for conveyance to public entities for public purposes, is exempt from subdivision
subject to compliance with the standards in Sec. 6-30-120.
(b) This subdivision exemption mav be utilized on an existinq non-conforminc� sized lot or
parcel and it mav also result in the creation of a non-conforminq sized lot or parcel.
(c) Any open space parcel created throu�h this subdivision exemption shall be subject to
an open space covenant approved by the Countv Attorney and the Communitv
Develo�ment Director which at a minimum shall restrict the propertv from future
development and subdivision. The covenant shall specify that the open space parcel
shall not be conveved separately from the remainder parcel unless conveyed to Pitkin
County or Pitkin Countv Open Space and Trails.
(d) Any open space parcel created through this section shall yield a significant pub�ic
benefit in terms of public outdoor recreation, the protection of wildlife habitat, the
preservation of open space, the scenic enjovment of the public, and/ or the preservation
of an historicallv important land area.
(e) The purpose of the creation of the open space parcel shall not be to lessen a private
property owner's propertv tax liability.
(� An applicant shall be required to prepare and record with the County Clerk and
Recorder a subdivision and exemption plat approved by the Community Development
Director meeting the requirements of Pitkin County Land Use Application Manual.
(g) For applications that comply with applicable criteria, a GMQS exemption is available
pursuant to Sec. 6-30-120.
EXHlBIT A
2-30-30(h)(4) A subdivision exemption to create parcels for community and pubiic facilities
or open space shall be permitted at the discretion of the BOCC subject to compliance with
standards in this section.
(a) The subdivision of land for community and public facilities and open space, including
parcels for conveyance to public entities for public purposes, is exempt from subdivisian
subject to compliance with the standards in Sec. 6-30-120.
(b) This subdivision exemption mav be utilized on an existinq non-conforminq sized lot or
parcel and it mav alsa result in the creation of a non-conforminq sized lot or parcel
(c) Anv open space parcel created throuqh this subdivision exemption shall be subject to
an open sqace covenant approved by the Countv Attorney and the Community
Development Director which at a minimum shall restrict the propertv from future
development and subdivision. The covenant shall specify that the open space parcel
shall not be conve ed se aratel from the remainder arcel unless conve ed to Pitkin
Countv or Pitkin County Open Space and Trails
(d) Anv open space parcel created throuqh this section shall yield a significant public
benefit in terms of public outdoor recreation the protection of wildlife habitat the
preservation of open space the scenic eniovment of the public and/ or the preservation
of an historicallv important land area.
(e) The purpose of the creation of the open space parcel shall not be to lessen a private
propertv owner's property tax liabilit�
(f� An applicant shall be required to prepare and record with the County Clerk and
Recorder a subdivision and exemption plat approved by the Community Development
Director meeting the requirements of Pitkin County Land Use Application Manual.
(g) For applications that comply with applicable criteria, a GMQS exemption is available
pursuant to Sec. 6-30-120.
• NOTICE OF UPCOMING PUBLIC HEARINGS BEFORE THE BOARD OF
COUNTY COMMISSIONERS ON WEDNESDAY APRiL 28 2010�
The following Resolution(s)
RE: Middle Ranch LLC Rezoning, CD-PUD Plan Review, GMQS Exemption,
Activity �nveiope Review, and Special Reviews for Agricultural Housing and
Wind Power (CASE# P003-10; PID 2465-274-02-007) an application submitted
by Middle Ranch LLC (c/o Jody Edwards, 201 North Mill Street, Suite #203,
Aspen, CO 81611) requesting to rezone the property to CD-PUD and abtain
approval af a CD-PUD Plan for "Development Option 2-Commercial Agricultural
Development" to accommodate up to two single family residences, two caretaker
dwelling units, agricultural buildings, and to obtain TDRs As well as special
review approvals for agricultural housing and wind power. The property is
located at 2600 West Sopris Creek Road, and is legally described as Tract 74
and Lots 3, 4, 5, 6, & 7, Section 27; and parcels of land in the N'h of Section 34;
all in Township 8 South, Range 87 West af the 6th P.M. . The State Parcel
Identification Number for this property is 2465-274-02-007. The application and
resolution are available for public inspection in the Cammunity Development
Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further
information, cantact Suzanne Wolff at (970) 920-5093.
• NOTICE OF APPLICATIONS TO BE CONSIDERED BY THE COMMUNITY
DEVELOPMENT DIRECTOR:
RE: Moser Activity Envelope, Site Plan Review, and Caretaker Dwelling Unit
(Case P015-10) An application has been submitted by Kathleen Ann
Moser (114 Jackson Street, Omaha, NE 68102) requesting to obtain Site
Plan Review approval to replace the existing single family residence, and
to add a garage with Caretaker Dwelling Unit above and a studio. The
property is located at 0199 Capitol Creek Road and is legally described
as Lot 6, Capitol Woods Subdivision. The State Parcel Identification
Number for the property is 2645-032-01-003. The application is available
for public inspection in the Pitkin County Community Development
Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further
information, contact Suzanne Wolff at (970) 920-5093.
RE: Fifield Activity Envelope Review and Special Review, GMQS
Exemption for Caretaker Dwelling Unit (Case P016-10) An application
submitted by Jim and Betsy Fifield (350 Eagle Park Drive, Aspen, CO
81611) requesting to obtain activity envelope review approval to
reestablish the previously approved building and landscape/access/utility
envelopes, and to obtain approval for a caretaker dwelling unit. The
property is located on Eagle Park Drive and is legally described as Lot 2,
Fifield Subdivision. The State Parcel Identification Number for the
property is 2735-102-03-002. The application is available for public
inspection in the Pitkin County Community Development Department, City
Hall, 130 S. Galena St., Aspen, CO 81611. For further information,
contact Suzanne Wolff at (970) 920-5093.
RE: Nichols Site Plan with Scenic Review (Case P013-10) An
application submitted by John and Lorraine Nichols (PO Box R, Aspen,
CO 81612) requesting Site Plan approval for an accessory structure with
bathing facilities. The property is located at 3501 West Sopris Creek
Road and is legally described as Tract 1 and 2, Parcel 54, Sopris Creek
Ranch Subdivision. The State Parcel Identification Number for the
property is 2465-281-01-001. The application is available for public
inspection in the Pitkin County Community Development Department, City
Hall, 130 S. Galena St., Aspen, CO 81611. For further information,
contact Cari Anne Holcomb at (970) 920-5092.
• NOTICE OF DETERMINATIONS BY THE COMMUNITY DEVELOPMENT
DIRECTOR"
The following Determinations on March 18, 2010:
Granting approval for the Approving the Delise Activity Envelope, Site Pian
R& Special R CDU (Case P133-08; Deter. #17-2010). The property is
located at 1574 Woody Creek Road and is legally described as a Tract of
land situated in Lots 8 and 13 of Section 15, Township 9 South, Range 85
West of the 6th P.M. The State Parcel Identification Number for the
property is 2643-151-00-006. This site-specific development plan grants a
vested property right pursuant to Title 24, Article 68, Colorado Revised
Statutes.
S/Cindy Houben
Community Development Director
• NOTICE OF FINAL DETERMINATIONS BY THE HEARING OFFICER:
The following determination on March 17, 2010:
Granting approval for the Troutman Activity Envelope Review
(Determination No. 02-2010; Case No. P031-09). The property is locafed
on Chateau Way and is legally described as all that certain real property
situated in the SE %4 of Section 15, and the NE %4 of Section 22, Township
9 South, Range 86 West of the 6th P: M. The State Parcel Identification
Number for the property is 2645-154-00-014. This site-specific
development plan grants a vested property right pursuant to Title 24, Article
68, Colorado Revised Statutes.
s/James True
Hearing Officer
Jeanette Jones, Deputy County Clerk
Published in the Aspen Times Weekly on March 28, 2009