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HomeMy WebLinkAboutbocc.res.094.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RESCINDING RESOLUTION 80-13 AND ENACTING A NEW SUBDIVISION EXEMPTION APPROVAL FOR THE McINTYRE/STRANAHAN/FLYING DOG RANCH AND REINSTATING THE McINTYRE FLYING DOG WEST 1041 HAZARD REVIEW APPROVAL Resolution No.p�/-2001 WHEREAS, George Stranahan was the owner of approximately 454 acres of land within the Crystal River Valley in Pitkin County, Colorado, consisting of: (a) a 200 acre non-irrigated pasture (hereinafter"Pasture") as described on Exhibit A; and (b) a 254 acre ranch which was commonly known as the McIntyre/Flying Dog Ranch (hereinafter"Ranch"), all of which lies within the RS-30 zone district, and WHEREAS, in 1980 Stranahan was granted, by Resolution No. 80-13 (hereby rescinded), approval to subdivide the Ranch into two parcels, consisting of a 30.7 acre and a 224 acre site (described on Exhibit B), and WHEREAS,the 30.7 acre parcel was fully improved under existing zoning, and the balance of the land (including the Pasture and the 224 acres portion of the Rarich) are to be encumbered with a conservation easement running to the benefit of the Trust for Public Land, which limited future use to agriculture and ranching purposes and prohibiting the following activities (among other things). (a) The subdivision or de facto subdivision of the ranch; (b) The construction of any structures, except that necessary to; 1. maintain existing structures and improvements for pasture or grazing and agricultural purposes(and, in the event of destruction of any or all of said structures or improvements, to replace them with structures of similar size, function, capacity and situation); 2. maintain and repair fences and gates and to erect such additional fences and gates as may be necessary to permit grazing or agricultural uses: 3. maintain, repair, enlarge, renovate, or replace the house which presently exists on the homesite (provided that the house remains a single family residence); and; 4. build, maintain, establish, repair or replace such improvements as may be appropriate and conducive to single family habitation, and, II II III IIIIIIIIIIIIIIIIIIIII460 I of ia9e:12AIIIIIIIIIIIIIIII COUNTY Ii III0 oe Resolution No.*-2001 Page 2 WHEREAS, C.R.S. 1973, Section 30-28-101 (d) provides that the Board of County Commissioners may,by resolution, exempt from the definition of subdivision any division of land if the Board determines that such division is not within the intents and purposes of the state statutory provisions relating to subdivision control, and WHEREAS, in 2000 Richard McIntyre, then owner of the Ranch, came forward with a request to allow a single family residence of up to 5,000 square feet of floor area and a barn of no more than 2,000 square feet of floor area on the 200 acre non-irrigated pasture parcel that is currently encumbered by a conservation easement, and WHEREAS,the Board has determined that, if the following conditions are satisfied, the subdivision that occurred in 1980 of the McIntyre/Flying Dog Ranch be and is hereby determined to be outside the intents and purpose, and need not have complied with the subdivision regulations of Pitkin County, Colorado, and the new single family home and barn on the 200 acre non-irrigated pasture is approved subject to a Hearing Officer Determination recorded at Reception No. 455207. (a) The balance of land(including the 200 acre non-irrigated pasture and the remaining 224 acres within the Ranch) will be encumbered with a conservation easement running to the benefit of the Aspen Valley Land Trust, Limiting future use to single-family residential, agricultural, and ranching purposes. The 200 acre non-irrigated pasture shall be limited to one-single family residence not exceeding 5,000 square feet and a barn not exceeding 2,000 square feet. (b) Applicant shall convey to the Aspen Valley Land Trust a Corrected Deed of Conservation Easement containing the limitations and prohibitions recited above prior to building permit for a new single family home or barn in the 200 acre non- irrigated pasture. (c) Applicant shall dedicate the Prince Creek Road as a public right-of-way 30 feet on either side of the center line. (d) Applicant shall prepare an exemption plat meeting Pitkin County standards for submission and recording with the Pitkin County Clerk and Recorder Office. (e) The exemption plat shall include approved language dedicating the driveways to the public utilities in accordance with the Land Use Code. (f) Applicant shall submit water rights information for referral and verification by the State Engineer. (g) Applicant shall prepare and record a use and maintenance agreement for the spring as well as an easement for the water line from the spring to the houses in a form to be approved by the County Attorney. (h) Applicant shall provide prior written approval of the Board for any modifications to the Corrected Deed of Conservation Easement. (i) Applicant, shall, within reasonable time execute and record a covenant which provides for the preservation of the four historic structures currently located on the land described on Exhibit B with terms and conditions that are reasonably acceptable to the owner and the Pitkin County Historic Preservation Officer. IIIII II I IIII I III I IIIII IIIII IIII I IIIII I I III Page: 2 460573 1 / 0:12A SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.&-2001 Page 3 NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby rescind Resolution No. 80-13 and approves a new Subdivision Exemption as stated herein. The Pitkin County Board of County Commissioners also hereby reinstates the 1041 Hazard Review previously approved by the Hearing Officer on October 17, 2000 pursuant to Reception No. 455207 460 IIIIII IIIII IIIIII IIII(IIIIII IIIII CO III IIIII IIII III00 a 1 :12A 1 Page: 3 of 0 / Resolution No.O&-2001 Page 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE dgy DAY OF AAA Cif 2001. APPROVED AND ADOPTED ON THE 9 DAY OF � 2001. ATTEST: BOCC OF COUNTY COMMISSIONERS OF PKIN COUNTY, COLORAADO yn a . Dean, Michael C. Irel d, Delty Clerk and Recorder Chair Date: 1112-Cl APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, Co ttorney Community Development Director Case#P 109-99 PID#246313400002 460573 I 1E1 1111 11g08/000010:12R SILV ,2: 09y- zoo/ RECEIVED EXHIBIT A SEP 0 5 2001 ASPEN I PITKIN COMMUNITY DEVELOPMENT The South one-half of the Southeast one-quarter; the Northwest one-quarter of the Southeast one-quarter; and the Southwest one-quarter of Section 13, Township 8 South, Range 88 West of the Sixth Principal Meridian, EXCEPT that part as described in Deed to Louis J. Love recorded September 12, 1969 in Book 166 at page 118 and as described in Correction and Clarification Deed recorded September 2, 1976 in Book 316 at page 170. 460 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII0Page: 5 of 7 / 01 10:22A Q . 097 20el IIIIIII IIIII IIIIII IIII IIIIIII1111IIII I11111111R 11 12/e o67 e 1 10:12A SILVIA DAVIS PITKIN EXHIBIT B A parcel of lazed situated in Sections 14, 15, 22, and 23, Riownship 8 South, Pangs 88 West of the 6th Principal Meridian, p=t, of Pitkin, State of Colorado, said parcel being more particularly described as follows: Beginning at a point whence the Northeast corner of said Section 22 beers North 89 degrees 52 minutes 15 seconds East, a distance of 1502.60 feet thence along North line of said Section 22; North 89 degrees 52 minutes 15 seconds East, a distance of 72.66 fast to a point on the historic Eastarly Right-of-Way of the Crystal River Railroad; thenOe along said Right-of-Way the following two (2) 1) North 24 degrees 09 minutes 18 seconds Fast, a distance of 112.97 feet; 2) Alone a nave to the left having a radius of 5931.03 feet, axe length of 156.63 feet, delta angle of 01 degrees 30 minutes 47 seconds, a chard bearing North 23 degrees 23 minutes 55 seconds East, and a chord length of 156.63 feat to a point on the Sartherly line of a Parcel of land described in Hods 223 at Page 264 of the Pitkin County Cleric and Recorder's Office; thence leaving said Right-of-Way along said baundry the fallowing three (3) courses: 1) South 74 degrees 33 minutes 39 seconds Fast, a distance of 535.34 feet; 2) North 31 degrees 51 minutes 51 seconds Fast, a distance of 160.00 feet; 3) North 45 degrees 22 minutes 56 seconds West, a distance of 600.69 feet to a paint on the South line of a Parcel of land described in Book 227 at Page 528 of said Pitkin County Clerk and Recorder's Office; thence along said boundary the followinng six (6) courses: 1) North 46 degrees 19 minutes 48 seccrxis Feet, a distance of 135.57 feet; thane 2) North 38 degrees 40 minutes 48 seconds East, a distance of 76.30 feet; thence . 3) North 51 degrees 43 minutes 48 seconds East, a distance of 193.40 (Contiomad) feet; ihanoa 4) North 29 degrees 12 minutes 12 seconds West, a distance of 56.90 feet; thence 5) South 56 degrees 01 minutes 48 seconds West, a distance ance of 16.30 feet; thence 6) North 58 degrees 36 minutes 12 seconds West, a distance of 198.48 feet to a point on said Historic Fasberly Right-of-Way of said Crystal River Railroad; thane along said Right-of-Way the following thirteen (13) courses: 460573 I IIIIII IIIII IIIIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII 0 Ppage: 7 of 7 1/08/20 1 10:12R SILVIR DAVIS PITKIN COUNTY CO R 1) Along a curve to the left having a radius of 1201.75 feet, arc length of 12.55 feet, delta angls of 00 decrees 35 minutes 54 seconds, a chord bearing of North 05 degrees 24 min:bas 04 seconds Bast, and a chard length of 12.55 feet to a point on the North line of a Parcel of land described in Bodo 85 at Page 198 of the records of the Pitkin County Clerk and Recorder's; thane 2) South 59 Degrees 45 min tes 05 seconds East, along said North Line a distance of 1225.01 feet to a paint on the East line of Section 151- throe 3) South 00 degrees 16 minutes 42 seconds East, along said East line a distance of 5.76 feet to the NontYanest corner of Goverment Lot 14 of said Section 14; thane 4) South 89 degrees 50 KUubee 55 seconds East, along the Nart111ine of said Government Lot 14 a distance of 1531.90 feet to the Northeast Corner of said Government Lot 14; thence 5) South 00 degrees 00 minutes 00 seconds Bast, along the East line of said Government Lot 14 a distance of 464.82 feet to a point on the South line of said Section 14; thence 6) North 89 degrees 52 minutes 15 seconds West, along said South Lim a distance of 302.27 feat; thence 7) South 06 degrees 31 minutes 27 seconds East, a distance of 2080.41 feet; thence 8) North 57 degrees 34 mirutes 58 seconds West, a distance of 1363.77 feet; thence 9) North 57 degrees 34 minutes 58 seconds West, a distance of 1846.33 feet; thence 10) North 77 degrees 22 minutes 41 seconds West, a distance of 158.37 feet; thence lY) North 76 degrees 33 minutes 25 seconds West, a distance of 192.74 feet; thane 12) North 76 degrees 34 minnrtes 16 seconds West, a distance of 25.20 feet; thence 13) North 52 degrees 41 minutes 00 seconds West, a distance of 6.37 feet; thence North 23 degrees 59 minutes 00 seconds East, a distance of 1.01 feet to a Point on the East line of a Parcel of land described in Bodo 196 at Page 182 of said Pitkin County Clerk and Recorder's office; theca along said panel the following two (2) courses: 1) South 52 degrees 41 minutes 00 seconds East, a distance of 1.01 feet; thence 2) North 23 degrees 59 minutes 00 seconds East, a distance of 278.42 feet to the Point of Beginning. Together with that certain easement as created, defined and established e) ed by Deed recorded October 10, 1989, in Bodc 604 at Page 591.