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Home My WebLink Aboutbocc.res.011.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,APPROVING THE HARVEYSUBDIVISIONIPUD DETAILED SUBMISSION AND FINAL PLAT Resolution No.D 11 -2002 RECITALS 1. Constance Harvey("Applicant")has applied to the Board of County Commissioners of Pitkin County,Colorado(`BOCC")to subdivide Parcel 1 of the property into three single family lots containing 1 acre,2 acres and 54 acres. 2. Said parcel is located 1100 Stage Road,and is more specifically described in ExhibitA. 3. The property is comprised of two parcels that are zoned AFR 10 and are located within Aspen's Urban Growth Boundary. Parcel 1 contains approximately 57 acres. Parcel 2 contains approximately 0.7 acres and consists of a 30 foot road right-of-way,which extends in a southerly direction from the eastern terminus of Stage Road to the Caudill property,which abuts the southwest corner of Parcel 1. 4. The BOCC granted Conceptual Subdivision/PUD approval,pursuant to Resolution No. 054-2001, which included subdivision of the property;PUD approval to vary the lot sizes for Lots I and 2; special review and GMQS exemption for a TDR receiver site; and 1041 hazard review approval for the proposed building envelopes. 5. The Planning and Zoning Commission reviewed the application at a regular meeting on November 6, 2001, and recommended approval by a vote of 3-0. 6. The BOCC heard this application at a duly noticed public hearing on December 19,2001 and a public meeting on January 23,2002,at which time evidence and testimony were presented with respect to the application. 7. The BOCC conducted a site visit on January 22,2001. 8. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the Harvey Subdivision/PUD Detailed Submission and Final Plat subject to the following conditions,which shall run with the land and be binding on all successors in interest,and all conditions of Resolution No. 054-2001, except as amended below: 1. The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36 inches in size with a 1 1/2 inch margin on the left side and a 1/2 inch margin on the other sides,and drawn to scale which is not less than 1 inch= 100 feet,and shall otherwise comply with the provisions of Section 5-40-020 of the Land Use Code. The Final Plat shall also be submitted in digital format acceptable to the Community Development Department for incoporation into the GIS system. 2. Prior to recordation of the Final Plat, the Applicant shall: III III IIIIIIIIIIIIIIIIIIIII 6 u9a22 02:ttFIIIIII DAVIS IIIIIi COUNTY II IIIe o Resolution No.41/ -2002 Page 2 A. Submit the amended Subdivision/PUD Agreement for review and approval by the Community Development Department and the County Attorney for form and compliance with the development approval. B. Provide certification from the County Treasurer's office that all ad valorem taxes applicable to the parcel have been paid for all prior years. 3. Concurrent with recordation of the Final Plat,the Applicant shall record the Subdivision/PUD Agreement and the deed restriction for the caretaker dwelling unit on Lot 3,as approved in BOCC Resolution No. 98-2. 4. The Applicant shall amend the Final Plat as follows, prior to recordation: A. Delineate access envelopes on Lots 1 and 2. 5. The Subdivision/PUD Agreement shall be amended as follows,prior to recordation: A. Article II, paragraph le: 1) Specify that development shall not occur outside of the designated building or access envelopes. 2) Amend(i)to reference the"Common Access Driveway"instead of"the Subdivision's access driveways." 3) Amend(iv)to permit underground utility lines outside of the envelopes only within roadways or in a location approved by the Community Development Department. 4) Amend (vi)to permit fencing that complies with County's fencing regulations outside of the building envelopes. B. Article II, paragraph 4d: Amend to require the owner to obtain an access permit from the County to complete improvements to the Common Access Driveway. C. Article 11, paragraph 6b: Specify that utilities may only be extended outside of the building envelopes within roadways or in a location approved by the Community Development Department. D. Article 11, paragraph 7b: Require installation of construction fencing around the building envelopes prior to commencement of construction, and that openings in the fencing be limited to 30' in width for construction access. The fencing shall be required to remain in place until construction is completed. E. Article II, paragraph 11: Add the following provision: Development is prohibited within riparian areas, with the exception of bridges, roads, utility crossings and other structures such as irrigation device, which may be permitted upon a finding that there is no feasible alternative location and that any impacts will be adequately mitigated. Any impacts to riparian vegetation resulting from such development shall be mitigated by replacement of like plants in number and acreage elsewhere on the property, subject to a mitigation plan approved by the Natural Resources Division prior to building permit issuance. F. Article II, paragraph 17: Reference the 2001 Pitkin County Assets Management Plan instead of the Road Management and Maintenance Plan, and require a traffic and parking management plan, as required in Section 4.01.01(C)of the Asset Management Plan. 6. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land IIIII IIIII II III III IIIIII I IIIIII IIIII IIIII III 4641960 2 of Zez:t7P SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.0/1 -2002 Page 3 Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on T-gnlUagV .73 , 2005. 7. The Applicant shall comply with all material representations made in the application and in public meetings and hearings. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 8`h day of December,2001. 2001. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 19th day of December, APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on the 23 d day of January,2002. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 2- day of Wigy 20024#1L Vaerab Rtanve. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO ��- _ ATTEST: By Patti Kay-Clapper, Chair --� Date 0d2 - /9-off. Lynd e . can Clerk t' the BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely,__---- Cindy Houben, Co ney Community Development Director Case#P136-01 PID#273502400004 4 �� colj[1111111111111111111111111 0641Z96ez ttv R 0.00 D 0.00 �� 011 -2oo-L EXHIBIT A PARCEL 1 : " 11 situate in Section 2, Township 10 South, Range 85 West of the 6th - P.M. and described as follows : Beginning g g at a point on the South line of Lot 23 which is also the North line of Lot 26 of said Section 2 , said point being 450 feet East of the Northwest corner of said Lot 26 and 140 feet West of the West bank of Maroon Creek; thence North 140 East 195 feet; thence North 70 East 184 feet ; thence North 80 West 194 feet; thence East 15 feet to a point of true beginning of a strip of ground 30 feet wide hereinafter more specifically described; thence East 195 feet to a point being 25 feet West of the West bank of Maroon Creek; thence Northwesterly along a line which is 25 feet West of the West bank of Maroon Creek to the intersection of said line with the South line of Lot 4 in said Section 2 ; thence East along the South line of Lots 4 , 3 and 2 in said Section 2 to the Northwest corner of Lot 10 in said Section 2 ; thence South along the West line of Lots 10 and 13 in said Section 2 to the intersection of said West line with the North line of Lot 24 in said Section 2 ; thence West along the North line of said Lot 24 to the Northwest corner of said Lot 24 ; thence South on the West line of said Lot 24 tothe Southeast corner of Lot 23 of said Section 2 ; thence West along the South line of Lot 23 to true point of beginning. PARCEL 2 : The following described strip of ground being 30 feet wide and lying 15 feet on either side of a line described as follows : Beginning at said true point of beginning hereinabove mentioned above; thence North 15018 ' East 233 . 7 feet ; thence North 6024 ' West 250 . 4 feet ; thence North 7029 ' West 151 . 6 feet ; thence North 1014 ' East 233 . 4 feet ; thence North 79055 , West 30 . 9 feet; thence South 29005 ' East 38 feet ; thence South 79005 ' West 109 . 0 feet more or less to the existing County Road. EXCEPTING FROM THE ABOVE THE FOLLOWING PARCELS : 1 . Right of ingress and egress reserved by Tony G. Skiff and Edith Arbaney Skiff in Document No . 94000, recorded in Book 166 at Page 431 . 2 . Parcel of land described in Document No . 101081 recorded in Book 172 at Page 320 . 3 . Parcel of land as described in Document No . 103700 recorded Book 165 at Page 595 . SUBJECT TO an easement for a right-of-way over Parcel 2 for ingress and egress from the County Road to the tracts of land described in Document No . 101081 . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII page:46419 of 4 6 02:3IP SIVIIIIIIII PITKIN COUNTY CO R 9.00 D 0.00