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Home My WebLink Aboutbocc.res.188.19991111111 11111 IIIIII 111111111111111111111II1 1111111111111 438008 11/24/1999 12:08P RESOLUTI DAVIS SILVI 1 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF THE RED BUTTE RANCH SUBDIVISION/PUD EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. 99- 1 S 8' RECITALS 1. Marjorie B. Stein LLLP and Marjorie B. Stein as Trustee of Trust B, u/w/o Henry L. Stein, Deceased ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to consider an extension of vested real property rights pursuant to Section 4-140-30 of the Land Use Code ("Code"). 2. The Applicant requests to extend the subdivision's vested property rights for a period of 20 years, pursuant to the terms and conditions of the original subdivision approvals, specifically including the maximum allowed floor area of 8,500 square feet. 3. The property is located on the south side of McLain Flats Road, and is more specifically described in Exhibit A. 4. The parcel is zoned AFR-10 and contains approximately 232 acres. 5. Four non -metro area GMQS allotments for four new single-family dwelling units were allocated by the BOCC on March 13, 1996, pursuant to Resolution No. 96-69. Conceptual Submission approval for the subdivision/PUD was granted by the BOCC on March 13, 1996, pursuant to Resolution No. 96-73. Detailed Submission and Final Plat approval was granted pursuant to Resolution No. 97-198. 6. The BOCC reviewed the extension request at a duly noticed public hearing on October 13, 1999, at which time evidence and testimony were presented with respect to this application. 7. The BOCC finds that the following elements were essential to the approval of the project and will provide significant benefits to the County: the voluntary 8,500 square foot floor area limitation, development below allowable density, preservation of 100% of the agricultural lands, conveyance of four 111111 11111 01111 lilt 11111 11111 III IIIII 1111 1111 Resolution No. 99-jrr 438008 11/24/1999 12:08P RESOLUTI DAVIS SILVI 2 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 2 separate conservation parcels to the County and prohibition of further subdivision or development of the property. 8. The BOCC further finds that these elements should be considered part of the approved "site specific development plan," which meets the Code criteria for an extension of vested rights. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant an extension of vested rights to the Red Butte Ranch Subdivision/PUD, subject to the following conditionswhich shall run with the land and be binding on all successors in interest: 1. This approval is subject to the terms and conditions of BOCC Resolution Nos. 96-69, 96-73, and 97-198. 2. The site specific development plan that is vested by this approval includes without limitation the 8,500 square foot allowable floor area for each of the five Tots. The floor area shall be calculated based on the Land use Code regulations in effect at the time of building permit issuance. 3. The Applicant shall adhere to all material representations made in public hearings and in the application. 4. The extension of vested rights granted herein shall not become effective until such time as the Applicant records the Final Plat and the associated documents. The Final Plat and documents shall be recorded prior to October 22, 2000. 5. The vested rights for this approval shall expire on October 22, 2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11 th day of September, 1999. APPROVED AND ADOPTED on the 13th day of October, 1999. PUBLISHED AFTER ADOPTION [RR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY on the f p--day of , , 1999. 2 Resolution No. 99- j rr Page 3 ATTEST: s, eL epD uty ounty Clerk APPROVED AS TO CONTENT: Cindy Houben Community Development Director P105-99 PID #2735-021-00-016 \suzannew\pitkin\cases\vre\red butte\reso 1111111 IN IIIIII 111111111111111111111 III 1111111111111 438008 11/24/1999 12:08P RESOLUTI DAVIS SILVI 3 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO Leslie J. on C APPROVED AS TO FORM: r John County Attorney 3 I: f9-iti 111111111111111111ZIIII 111111 IIIII 11111 438008 11/24/1090 12:08P RESOLUTI DAVIS SILVI 4 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A A parcel of land being portions of the following Government Lots and Tracts situated in Section 35, Township 9 South, Range 85 West of the 6th P.M. and Section 1 & 2, Township 10 South, Range 85 West of the 6th P.M.; Government Lots 15, 16, 19, 20, 21, Section 35, T9S, R85W; Government Lots 1, 2, 3, 4, 8, 9, 10, 11 & 12 + Tracts A & B, George Placer, Section 2, T10S, R85W; Government Lot 12 & NW1/4SW1/4 & NE1/4SW1/4, Section 1, T1OS, R85W, described as follows: Beginning at the Northwest Corner of Government Lot 19, Township 9 South, Range 85 West of the 6th P.M.; thence Easterly along the North line of Government Lot 19 to the intersection of the Southwesterly right of way of McLain Flats County road as described in Book 322 at Page 186 of the Pitkin County records; thence Southeasterly along the Southwesterly right of way of McLain Flats County road as described in said Book 322 at Page 186 to the intersection with the East line of Government Lot 11 of said Section 2; thence Southerly along the East line of Government Lot 11, Section 2, Township 10 South, Range 85 West of the 6th P.M. to the Northwest Corner of Government Lot $12, Section 1, Township 10 South, Range 85 West of the 6th P.M.; thence Easterly along the North line of Government Lot 12, Section 1, to the intersection with the Westerly right of way of the Salvation Ditch; thence Southeasterly along the Westerly right of way line of the Salvation Ditch to the North line of the SW1/4 of Section 1 as described in Book 267 at Page 211; thence East along the North line of the SW1/4 of Section 1 to the centerline of the Salvation Ditch; thence Southeasterly along the centerline of the Salvation Ditch as described in Book 178 at Page 476 to the Northeast Corner of said Book 178 at Page 476; thence Southerly along the Easterly boundary of said Book 178 at Page 476 to the centerline of the Roaring Fork River; thence Northwesterly along the centerline of the Roaring Fork River to the East line of Government Lots 12, Section 2; thence Northwesterly along the centerline of the Roaring Fork River to the West line of Government Lot 12, Section 2, as described in Book 178 at Page 477; thence Southerly along the Westerly line of Government Lot 12 to the North Boundary of that parcel described in Book 399 at Page 767 (Ute Butte Tract PB4 PG462); thence Westerly along the Northerly line of said Book 399 at Page 767 to the Westerly line of Government Lot 10, Section 2; thence Northerly along the West line of Government Lot 10 to the Southern boundary of that parcel of land described in Book 165 at Page 595; thence Northwesterly along the top of Red Butte Mountain Ridge to the intersection with the North line of Government Lot 8, Section 2; thence Westerly along the South lines of Government Lots 3 & 4 to the Southwest corner of said Government Lot 4; thence Northerly along the West line of Government Lot 4, Section 2 to the Northwest corner of Government Lot 4; thence West along the North line of Government Lot 5, Section 2 to the intersection of Tract B, George Placer as described in Book 189 at Page 210; I.: 11-,ra' 438008 11/24/1999 12:08P RESOLUTI DAVIS SILVI 5 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A (Continued) thence Southerly along the East line of Tract B, George Placer to the Southeast corner; thence Northwesterly along the Southwest boundary of Tract B, George Placer to the South line of that parcel of land described in Book 342 at Page 672; thence Easterly along the South line of Book 342 at Page 672 to the Southeast corner of said Book 34,2 at Page 672; thence Northwesterly along the Easterly lines of Book 342 at Page 672 and Book 302 at Page 216 to the intersection of the Southerly boundary of Tract C, George Placer; thence Easterly along the South line of Tract C, George Placer to the East corner of Tract C, George Placer; thence Northwesterly along the Northeast line of Tract C. George Placer to the intersection of that parcel of land described as Exhibit "A" of Book 235 at Page 237; thence Northwesterly along the Northeast boundary of that parcel of land described as Exhibit "A" of Book 235 at Page 237 to the intersection with the Easterly lines of Tract C, George Placer; thence Northerly along the Easterly line of Tract C, George Placer to the intersection with the West line of Government Tract 19, Section 35; thence Northerly along the West line of Government Lto 19, Section 35 to the point of beginning. EXCEPTING from above the Right -of -Way of the former Denver and Rio Grande Railroad, Stein Park as described in Book 278 at Page 233 and Stein Trail & Bridge in Book 282 at Page 966.