HomeMy WebLinkAboutbocc.res.103.2014RECEPTION#: 615208,11/0712014 at
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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 GRANTING SPECIAL REVIEW APPROVAL TO JOHN P. MCBRIDE JR. AND
PETER M. MCBRIDE FOR LIMITED DEVELOPMENT CONSERVATION PARCEL TDRS
Resolution No.�r�-2014
RECITALS
1. John P. McBride Jr. and Peter M. McBride ("Applicant"), have applied to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC")to sever TDRs from a "Limited Development
Conservation Parcel" that is unimproved and on which no development is proposed.
2. The property is located off of East Sopris Creek Road, and is more specifically described in Exhibit A.
3. The property is zoned RS -30 and contains approximately 635 acres.
4. The parcel was created prior to June 12, 1978, and has not merged with any adjacent parcels.
5. The application was submitted on September 4, 2014, which was prior to the effective date (September
7, 2014) of Ordinance No. 028-2014, which amended the Limited Development Conservation Parcel
TDR provisions. Therefore, the application is not subject to Ordinance No. 028-2014.
6. The BOCC considered the application at a duly noticed public hearing on October 22, 2014, at which
time evidence and testimony were presented with respect to the application.
7. The BOCC finds that the property complies with the criteria for Limited Development Conservation
Parcels in Sec. 6-70-40.a.9 of the Code, and, therefore, is eligible for severance of 31 Transferable
Development Rights (TDR) Certificates (one TDR/20 acres).
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it grants special review approval
to John P. McBride Jr. and Peter M. McBride for severance of TDRs from a Limited Development
Conservation Parcel, subject to the following conditions, which shall run with the land and be binding on
all successors in interest:
I. The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. Prior to issuance of TDR Certificates, the Applicant shall be required to submit a Conservation
Easement, which shall prohibit further development of the property. The Conservation Easement
shall run to the benefit of the County, shall be enforceable by the County, and may not be released or
amended without the consent of the County. Prior to recordation, the Conservation Easement shall
be submitted to the County Attorney and the Open Space and Trails Land Officer for review;
accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County
Commissioners by Ordinance. When the Conservation Easement is submitted for review, the
Applicant shall provide the County with a title policy to the property and baseline documentation for
the property.
Resolution No. -20/4
Page 2
3. Within 180 days of the date of this approval and concurrent with issuance of the TDRs, the Applicant
shall record the Conservation Easement.
4. The Applicant or future owner of the property shall not be eligible to apply for additional special review
uses.
5. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property.
W
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
18"' day of September, 2014.
APPROVED AND ADOPTED on the 22"d day of October, 2014.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By
Robert A. lttner, Jr., Chair
Jones, Clerk to
AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben John Ely
Community Development Director Coun mey
P076-14
PID #246731100007
RECEPTZON4: 5955922 2/31/2012 at 11:26:24 AM, 2 OF 3,
Janice X. Vos Caudn_„ Pitkin County, CO
EXHIBIT A
All that real property owned by U2 Land & Cattle, LLC, a Colorado limited liability company, in
Section 31, Township 8 South, Range 86 Weal of the Sixth P.M.; Including government lots 5, 7,
8, 9, 12, 13, 14, IS. North ane -half of the Southeast one-quarter, Northeast one-quarter o f the
Southwest one -quaver, East one-holf of the Northwest onequaner, and Novhesst one-gnzrter,
Section 31, Township 6 South, Range 86 Ww of the Sixth P.M.
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