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HomeMy WebLinkAboutbocc.ord.032.1996 �:,;=�s: rs,.:, �". r' ta Z;,` xy..,.:e, . i;.:. ORDINANCE OF TIIE BOARD OF COiJNTX COMMISSIONERS ;`;:' " OF PITKIN COUNTY,COLORADO,GRANTING A REZONING � FROM AFR-14 TO MHP AND SUBDIVISION�XEMPTION " �;� APPROVAL FOR FULLY DEVELOPED LANDS TO TFIE • ROARING FORK MOBTLE HOME PARK ��. �,. ORDINANCE NO. �3� RECITAL-S , (!'�: w ::,�, : 1.Roaring Fork MHP,Ltd.,has appiied to Pitkin County for approval of a . subdivision exemption and rezoning from AFR-10 to MHP to continue opera[ing the . Roaring Fork Mobile Home Park(the Park)as described in Exhibit"A",attached. t- 2.The Park has been developed without benefit of Pitkin Counry approvals arxi has operated illegal[y since the early 2970s. � i . 3.The Park was illegalty subdivided from a larger parcel of land in 1977 and was subsequently sold to Roaring Fork MHP,Ltd.,in 1982. 4. Upon issuance of a citation for violation oF the Zoning Code from Pitkin County �� . in 1988,the Park submitted land use app(ications to Pitkin County to bring the Park into compliance with County regulations. 5.At the urging of Pitkin County,the Park attempted to annex to the Town of Basalt . on at least two separate occasions.The Park and the Town were unable to negotiate a mutually beneficia]annexation agreement and therefore annexation to the Town has not occurred. 6.Although the Pack has operated without County approval as required by the Land , Use Code, the Coun[y has continued to support relocation or legalization of the Park because it is recognized as a provider of needed residential housing. 7.The Park can generally comply with existing mobile home park regulations with � �- I IIIIII 11111 Ifllll illil It11 Ilil{I iilii!11!lilll 1114 llli ' �,�� �,�9,��, �:�� ��►� . 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN CONNTT CLERK �.` . � , �.':= . . � e •>. �� r ° �.: ,� '.: ' - , .,'��' ' � � . .. ... . . . ..sa�w�dei4....�.,........�._ . .. . . � . � . �:;:,Y.;`� . Ff� .:,... �,;• Ordinance No. Page 2 ; .� issues related to flood protection and additional water supply for fire fighting to be �. .� �.� addressed at the time of 6na1 subdivision approval. � , " . 8.The Applicant and the Roaring Fork Mobile Homeowners Association ("Association")have agreed to the terms of a revised standard lease and revised park ,� : rules and regulations to address concerns of the Applicant and Association. ' NOW,TIi�REFORE,BE IT RESOLVED by the Board of County • ' Commissioners of Pitkin County,Cotorado,that it hereby rezones the Roaring Fork ' Mobile Home Park from AFR-10 to MHP(Mobile Home Park)subject to Final Flat approval of the proposed subdivision;and be it further resolved by the Board that it • hereby grants subdivision exemption approval for fully developed lands to the Applicant subject to the following conditions: 1. Prior to the approval and recordation of the Final Flat,the applicant shali prepare and submit a landscaping plan to the Community Developmen[Director for approval which �'� - reasonably buffers the park from Highway 82 and adjoining roads.A performance guarantee in an amount and form acceptable to the County Attorney shall also be submitted ro insure the completion of the landscaping.The applicant may share these costs with the Town of Basalt. 2. The applicant shall submit proposed covenants and lease agreements to the County for review and approval prior to recording the Final Flat. 3. The Park owner is required to raise individual units within the Park in conformance with the FEMA tie-down specifications within the following time frame:after the first three years,four homes will be comp{eted in the fourth year.and in the fifth year, the rest of the homes wil]be completed.The four homes in the fourth year will be done from a list Provided by the Homeowner's Association.The utility hook-ups will • be done at the expense of the Park owners.The conformance of the additions will be at the expense of the homeowners. 4. The applicant shall dedicate Uie proposed Lot 6B as Park open space and shall also dedicate a public pedestrian and fishing easement along the Roaring Fork River to ". satisfy park dedication requirements prior to recording the Final Fiat. � - I (�"�II"III�'I"I III'�I"'IIIII"II"I III�'II'II'I I"I 404596 08/19/1997 03:i� ORDINi1NCE 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK / . '. � � . e , .3 k+ . � ��. . . . . _. y , i•` :�.,.,'. ...:; .. . . .. •,� ' . � •.�'�2�`t�..�s*'�i�^5�'�74. r.�c.-:s�Et u.ar.:�: ��'�F. . Ordinance No. � `� " Page 3 • � 5. The applicant si�all submit an Affordable Housing program including the following: a .~� right of first reSusa{to the Homeowners Association(with a 45 day response period), ' �. �, an annual rent increase to take effect on January 1, 1997 and then annually thereafrer at a rate of the lesser of the CPI or 3% increase, whichever is less. There will be no pass through of governmental expenses to the tenants. 6. Applicant shall submit drainage and grading plans for the Park to control standing ;.� water and off-site impacts prior to signature of fnal plat. . 7. There shall be no changes to the Park Rules without the consent of the parties(Park . Owner and Home Owners Association). , 8. The applicant shall adhere to all representations and commitments made during the � � review of this project. INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING at the regular �. meeting on the 201h day of December, 1995. ' F • NOTICE OF PUBLIC HEARING PUBLISIiED IN THE AGPFN TIMES on the 13th day of January, 1996. APPROVED AND ADOPTED AF1`ER SECOND READING AND PUBLIC HEARING on theaGth day of eu.)'l2�, 1996. �'- . PUBLISHED AFTER ADOPTION IN TNF.A EN 1'IMES on the�day of ' �, 1996. BOARD OF CO COMMISSIONERS OF PITKIN CO ,COLORADO ATT�ST: • -.,,, J By j V'�-/ Bill i ,Chairman [�!C/J ette Jones Date (/ Deputy Clerk and Recorder APPROVED AS TO FORM: APPROVED AS TO CONTENT: ��� //�7L�d2'GL.�`� .. /�,,� John Ely, 6'� Cindy Houben, - ��' �County Attorney��� Communiry Development Director ' . I Illlll IIIII Illlll IIIII Illl Illlll IIIIII�I IIIII 1111 IIII 404S9S 0'3/39/1997 03:12P ORDINiWCE 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK � ` t -. « ' a �a._. ':' . . , P�^ ' ,' �„i 1x'y.. - � 4:�fR g Ma li ' ii' ..: k,.:: y�'`�; - 4. : �: �.r' .�:- i:;� .�.,.�. EXHIBIT A ; J. ,:.;;; ` . "� . � '�"',.�.A•pazcel of Land situated in Tracts No. 45 and 59 of Section 7, `., � �`'qTowaehip 8 South, Range 86 West of the Sixth Principal Meridian, �: ` '�`�•�;aiyinq Southerly of the center of the Roaring Fork River and Northerly �4n�v£-the Northerly right-of-way line of a county road as construcfied '' ���:and in place, said ParceZ ot Land is described as follows: ; j; ���-�Beginning at a point on the Northerly right-of-way line of said road ' � .:�'�: �,���,E::u+heace an iroa post with a brass cap found in place and properly .�-<�� marked for the Witness Corner to Angle Point No. 4 0£ said Tract No. ' :« > v�'"'�4 bears: S. 89.'.20'07' W. 532.74 feet; >r' .���„tbence N. 06'47'52" W. 163.96 £eet; ` •,•.;x<::. ,» thence N. 40'19'42" E. I54.17 feet; _ . �" s��.,theace N. 12'S2'31" E. 101.89 feet; thence N. 00'45'47" W. 491.07 feet to a point in the center of said -z,.:. '-r].VCr] .;�;;;=_thence S. 65'S0'39" E. 241.30 Peet aloag the center of said river; ,�;:�:�R�; thence S. 44'04'08" E. 291.25 feet a2onq the center of said river; ;�:.; ..thence S. 43'02'31" E. 316.37 feet along the center of said river, to = a poiat on the Westerly right-of-way line of said road; -:*F'.'� : thence 5. 26'22'26" W. 263.79 feet along said road right-of-way; N` ,� `' '•� thence 191.04 feet along the arc of a curve to the right, having a :%' radius of 172.77 feet, the chord of which bears: - �~"���:. .S. 58'03'48" W. 181.52 feet; � �"``�'�'� theace N. 89'S3'34` W. along the Northerly right-of-way line of said � road, 463.99 feet, more or less, to the point of beginning. y�...;, 3..�.1�i� . :•:;. .-. ., ��� �� Z�ESS AND EXCEPTTNG TFiEREFROM r. � A Tract or Parcel. of Land No. 2d3 of the State Department of Hiqhways, i:y,;�.` Divisioa of Highways, State of Colorado, Project No. FC 082-1(6) Sec. � ''"�=f 2 in Goveznment Tracts 45 and 59 of Section 7, Township 8 South, Range ; ; 86 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or Parcel being more particularly described as follows: ��'; Begi.nni,ag at a point oa the westerly property line of that Parcel , .�,�� described in Book 339, Page 206 0£ the Pitkin County Records, from , ` which the W.C. to Cor. No. 2 of Government Tract 59, T. 8 S., R. 86 ; . ° W., 6th P.M., a GLO brass cap, bears S. 81°32'30" w., a distance of 530.2 feet; Thence S. 06'48' E., aloag said westerly property Ziae, a �.distance of 70.7 feet to the SW corner of said parcel; ' ':.Thence S. 89•53'30• E., along the southerly property line of said parcel, a distaace of 191.6 feet; I ' ; Thence N. 74'41'30' W., a distance of 113.0 feet; " Thence N. 65'S2'30' W., a distance of 99.7 feet, more or less, to Lhe : . point of beginning. • �rF . .'�,ii' '� _COIINRR OF PITRIN AND COUNTY OF EAGLE, :,.:;:�_ ; -:Y.�- � � , . _ . .�. � . : � I IIl11111111 IIIIiI NIII Illl IIINI IIIIII III itill tlll Itll " 404S9S 0S/19/1997 03:12P ORDINN�CE " .. 4 ef 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ...•*��.,wnr ---,._.._�._._..._.. . � ��;'�c�-� . � " �