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Home My WebLink Aboutbocc.res.068.2012 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,DENYING THE PRIDE OF ASPEN SUBDIVISION/PUD CONCEPTUAL SUBMISSION,ACTIVITY ENVELOPE REVIEW,SPECIAL REVIEW AND GMQS EXEMPTION FOR NEW DWELLING iJNIT USING TDRS,SUBDIVISION EXEMPTION TO CREATE AN OPEN SPACE PARCEL,GMQS EXEMPTION FOR REPLACEMENT Resolution No.GY,�-2012 RECITALS 1. The Pride LLC("Applicant")has applied to the Pitkin County Board of County Commissioners ("BOCC")to request to subdivide the properiy into three lots: A. Tract A: 9.76 acre lot comprised primarily of the Homestake Lode and owned by Westchester Investments, Inc.. B. Tract B: 17.94 acre open space parcel to be dedicated to Pitkin County C. Tract C: 1.64 acre lot to be developed with a new single family residence 2. The application includes the following requests A. Subdivision/PUD Conceptual Submission to create two developable lots(Tracts A and C). B. Rezoning with a PUD Overlay to vary the lot size on Tract A and the setbacks on Tract C. C. Special Review and GMQS Exemption for a new dwelling unit on Tract C using up to three TDRs (7,500 square feet of floor area). _-- D. Establish an Activity Envelope on Tract C. E. Subdivision Exemption to create a 17.94 acre Open Space Parcel to be dedicated to Pitkin County. F. GMQS Exemption for Replacement on Tract A(existing fathering parcel development right). 3. The Pride LLC property is located in the Shadow Mountain area, and is more specifically described in E�chibit A. 4. The property contains 29.33 acres and is comprised of patented mining claims that have merged, including the Pride of Aspen MS 7364, Copperopolis MS l 759, Extra MS 4712 and Homestake Lode MS 4211. The property is within the R-15,TR-1,AR-10 and Rural Remote(RR)zone districts. 5. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly scheduled meeting on May 1,2012,and recommended denial by a vote of 5-0. 6. The BOCC considered the application at a duly noticed public hearing on June 27, 2012 at which time evidence and testimony were presented with respect to this application. 7. Westchester Investments, Inc. rescinded its consent to the application in a letter dated May 30, 2012. RECEPTION#: 593895, 11/13/2012 at 02:57:43 PM, 1 oF 3, R $dA0 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO ( Resolution No.�g-2012 Page 2 8. The BOCC finds that the Subdivision Exemption to create parcels for public open space in Sec. 2-30- 30(h)(3)of the Land Use Code("Code")does not allow the creation of a new lot for development purposes(Tract C). 9. The BOCC further finds that the proposed driveway encroaches on slopes in excess of 45%,which is prohibited by Sec. 7-20-20(b)of the Code. 10. The BOCC further finds that the proposed activity envelope is within a rockfall area,where development is prohibited by Sec. 7-20-50(d)of the Code. 11. The BOCC further finds that the proposed dwelling unit on Tract C is not supported by the Aspen Area Community Plan ("AACP")based on: A. Impacts on the safety and experience of the Midland Trail with the construction of a new driveway across the trail. B. Impacts on the open space parcel and existing trails at the south end of 4`h Street. C. Impacts on the environment, including development on steep slopes. D. Encroachment of buildings into Aspen's rural landscape and the buffer between the City and the County. 12. The BOCC further finds that because that the driveway and activity envelope do not comply with the Code,the Subdivision/PUD Conceptual Submission, PUD Rezoning, Special Review, Subdivision Exemption and GMQS Exemption cannot be approved. NOW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Pride of Aspen Subdivision/PUD Conceptual Submission,PUD Rezoning, Activity Envelope Review, Special Review and GMQS Exemption for New Dwelling Unit Using TDRs, Subdivision Exemption to Create an Open Space Parcel,GMQS Exemption for Replacement. DE1vIED on the 27`�'day of June,2012. !A EST: BOARD OF COUNTY COMMISSIONERS OF PITKIN CO ,COLORADO Gw (;�� ' '� � Je ette Jones, ichael M. wsley, airma D� uty Clerk and Re order Date: �f—l 6 ` �� APPROVED AS TO FORM: APPROVED AS TO CONTENT: ...---- '--' '" '�� John Ely, C nd ou en, Cou ey Community Development Director Case#P130-09; PID 273512400005&273513200001 � � i ! . � I • 1 � CERTlF1CATE aF QWNERSHiP � �. Pitkin County Title,Inc.,a duly licensed Title Insurance Agent in the State of Colorado hereby certif es that I Joan P.AIexander is the awner in fee sizr►pie of the following described properiy: - � "s Governmeni Lot 19, Section 12,Township 10 South, Range 85 West of the 6th P.M. 1 , � Government Lot 34, Sec#ian 13, Township 10 South, Range 85 Wes#of th�6th P.M. � � E' The Extra Lode Mintng claim {U.S. Mineral Survey No.4742), as patented and describec!in United states j Patent recarded May 20, 9 949 in book 9 7�at Page 198. ; � Tiie Pride of Aspen Lode Mining C(aim (U.S. Mineral Survey No. 7364)as patented and described in the � United States Paten#recorded May 20, 1949.in Book 179 at Page 163. � That potion of the Copperopolis lade Mining Claim (t1.S. Nlinerai Survey No. 97�9)as patented and described j in#he United Stafes Patent recorded �1ay 20, 1949 in $ook 175 at Page 182, which lies westerly af the ` westerly side line afi the f'ride of Aspen Mining Claim, (U,S. Minera) Survey No. 7364). �. Excepting the followinf described parcel: � ; Beginning at corner 3 M.S. 4211 Homestake Lode thence N 80°23' E 0.70 feet a(ong line 3-4 ofi M.S.4219 to � the intersection with line 2 3 of tMe Copperopolis Lode being the True Point ofi Beginning.The�ce N 60° 11'20" � E 318.59 feet along line 2-3 af the Copperopolis Lode to the intersection of line 4-1 of the Homestake Lode; ' thence S 32°56'S2"W 149.32 feet;thence S 80°23'W 198.Oa feet to fhe i"rue Point ofi Beginning. � � � County of Pitkin, State of Coloraclo � I f ENCUMBRANCES: I NONE � � ;.. t I No search of records was made for recorded easements. � This certificate is not to be construed to he a guarantee of title and is furnished for informational purposes only. � I , � � � PIT'KII�COUNTY TITLE, INC. � � BY: � � � ` f ; , I � € authorized signature ! , � � CERTIFIED TO:JULY 21,2009 @ 8:Q0 A.M. ; ; i FILE:ALEXANDER � `. ;