HomeMy WebLinkAboutbocc.res.022.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,APPROVING THE BANKCENTER ONE PARTNERSHIP
SPECIAL REVIEW AND GMQS EXEMPTION
Resolution No.O,?a -2002
RECITALS
1. Bankcenter One Partnership I ("Applicant')has applied to the Board of County
Commissioners of Pitkin County,Colorado('BOCC")for Special Review approval and GMQS
Exemption in order to utilize one additional TDR to develop up to 7,500 square feet of floor area
within the approved building envelopes.
2. The lot is zoned RS-30/PUD and contains 24.34 acres.
3. The parcel is located at 1900 Snowmass Creek Road,and is described as Parcel 1, Twin
Creeks Ranch.
4. The BOCC approved the 1041 hazard review and special review and GMQS exemption for
a TDR receiver site for Parcel 1 pursuant to Resolution No. 98.244. Approval was granted to utilize
one TDR on the property to permit up to 5,000 square feet of floor area. Resolution No. 98-244 was
subsequently amended by BOCC Resolution No.99-142,and Administrative Decision Nos. 99-71,
99-74,and 056-2001. The 1041 site plan was recorded in Plat Book 50 at Page 27;the revised site
plan that depicts the relocated barn envelope was recorded in Plat Book 52 at Page 28.
5. The Applicant acquired one TDR,as required,to accommodate the proposed development.
Building permit#2430.1999 was issued for the barn,which includes a caretaker dwelling unit. Staff
determined that the structure was not being used for agricultural purposes,and,therefore,was not a
"barn"as defined in the Land Use Code and that the floor area contained within the barn would
count against the total allowed floor area on the property,rather than being considered exempt
agricultural square footage.
6. The BOCC reviewed the application at a duly noticed public tearing on February 13,2002,
at which time evidence and testimony were presented with respect to this application.
7. 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 Bankcenter One Partnership Special Review and GMQS Exemptions,subject to the
following conditions,which shall run with the land and be binding on all successors in interest:
1. All conditions of BOCC Resolution Nos. 98-244 and 99-142 and Administrative Decision
Nos.99-71,99-74 and 056-2001 shall remain in full force and effect, except as amended
herein.
2. Concurrent with building permit application for the residence,the Applicant shall submt
one executed Irrevocable Certificate of TDRs and a recorded deed evidencing the sale or
transfer of the TDR to the Applicant.
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Resolution No.42g-2002
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3. Prior to commencement of any earthmoving or construction activity, the Applicant shall
install construction fencing around the perimeter of the area within the building envelope
that will be disturbed during construction of the replacement residence. The fencing
shall remain in place until a Certificate of Occupancy is issued for the residence.
4. The Applicant shall comply with the provisions ofBOCC Ordinance 010-2001,the Wildlife
Protection Ordinance.
5. The Applicant shall adhere to all material representations made in the application or in
public meetings or hearings and shall consider those representations to be conditions of
approval,unless amended by other conditions.
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 Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested
rights granted herein shall expire on February 13, 2005.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 12th day
of January,2002.
APPROVED AND ADOPTED this 13th day of February, 2002.
PUBLISHED AFTER ADPTION FOR VESTED REAL PROPERTY RIGHTS in
o4_the Aspen Times Weekly on the �Ilay of J%04QPA , 2002.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By Vr 4te-a Patti Kay-C apper, Chair
ATTEST:
Date 0 3 -/Z—o 2
y ee .Dean,Cler to the BO C
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,Co rney Cindy Houben,
Community Development Director
Case NP127-01;PID 4246734118009
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