HomeMy WebLinkAboutbocc.res.025.2014RECEPTION#: 608590, 03/13/2014 at
10:16:34 AM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE BEAR HOLLOW, LLC REQUEST FOR AN EXTENSION OF
VESTED REAL PROPERTY RIGHTS
Resolution No.ei'J -2014
RECITALS
1. Bear Hollow, LLC ("Applicant') has applied to the Pitkin County Board of County Commissioners
(`BOCC") to request a 3 year extension of vested property rights for the two Lot Bear Hollow
Subdivision.
2. The Lots are located at 118 Tremaz Road and are legally described as Lots 1 and 2 of the BOCC
approved Bear Hollow Subdivision. PID # 264335204001(Lot 1) 264335204002 (Lot 2).
3.1 The Lots are zoned AR -10 and contain approximately 11 acres each.
4. The property gained a 1041 Hazard Review via the Hearing Officer pursuant to Reception No. 425056,
which was re-established pursuant to Hearing Officer Determination No. 31-2005. These approvals
were replaced when the property attained Detailed and Final Plat approval pursuant to BOCC
Resolution No. 067-2008 and Conceptual Submission approval pursuant to Resolution No. 161-2006.
The Subdivision approvals granted the ability for the property to land Transferable Development Rights
(TDR's) on the property. Lot 1 is approved to develop up to 8,250 square feet. Lot 2 is approved to
develop up to 10,750 square feet. A previous Extension of Vested rights application was approved
pursuant to Resolution No. 031-2011. Vesting for this approval will expire on March 23rd, 2014.
The property has been issued a permit for improvements to the driveway that accesses the two Lots. An
earthmoving permit has been secured for installation of a 100,000 gallon water tank that was a
requirement of the subdivision approval. The tank has been installed.
6. The BOCC heard this application at a duly noticed public meeting on February 26h, 2014 at which time
evidence and testimony were presented with respect to this application.
The BOCC finds that the proposal has shown compliance with section 2-20-170(d) of the Code and
further finds that extending the vested rights for the subdivision approval will not violate the current
Land Use Code if conditions outlined below are adhered too.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve the Bear Hollow, LLC request for an Extension of Vested Rights for 3 year
period subject to the following conditions:
1. The Applicant shall adhere to all material representations made in, or in connection with, the
application.
2. All provisions of BOCC Resolutions 161-2006 (Reception No. 533644) and 067-2008 (Reception
No. 551301) shall remain in effect except for conditions #18 and #19 of BOCC Resolution No. 161-
2006 which shall be rescinded and amended to state the following:
`Lot 2 is the fathering parcel and retains a development right up to 5,750
square feet. Maximum allowable floor area on Lot 2 is 10, 750 square feet
through use of TDR's. Lot 1 requires the use of a TDR for an initial
development right up to 5,750 square feet offloor area and may utilize a
TDR to develop floor area up to 8,250 square feet. The Lots may not
compete in GMQS to replace the use of TDR's.
3. 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, § 2-20-170 and C.R.S., § 24-68-105. Vested rights shall expire on February 26ih, 2017.
4. As authorized by Pitkin County Land Use Code Section 2-20-170(d), Lot 1 and Lot 2 shall remain
exempt from the activity envelope and site plan review requirements of Section 7-10-50 of the Land
Use Code until the vested rights, as extended by this Resolution, expire. If at building permit
submittal, the proposed development is not consistent with the previous Conceptual Submission and
Detailed and Final Plat resolutions described above in Condition #2, further review may be required.
5. Failure to comply with the conditions of this approval may result in revocation of permits.
Resolution No. bl 5 -2014
Page 2
APPROVED on the 26ih day of February, 2014.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the,ANay of 2014.
"Is F
Mown
,,
Clerk to the BOCC
APPROVED AS TO FORM:
John-Ely�/
�ounty Attorney
Case#: P110-13
PID: 264335204001 and
264335204002
Resolution No. -2014
Page 3
BOARD OF COUNTY COMMISSIONERS
�OFPIPITKIINN COUNTY, COLORADO
\�---a/4— /CAL
Robert A. Itmer Jr.,
Chair
Date: >/�Z4L(
APPROVED AS TO CONTENT:
kiy ouben,
Community Development Director