HomeMy WebLinkAboutbocc.res.082.2015 RECEPTION#: 624338, 10/23/2015 at
09:10:32 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 GRANTING AN EXTENSION OF THE DEADLINE FOR RECORDATION OF
THE CONSERVATION EASEMENT REQUIRED IN ASSOCIATION WITH THE JOHN P.
MCBRIDE JR.AND PETER M.MCBRIDE SPECIAL REVIEW FOR LIMITED
DEVELOPMENT CONSERVATION PARCEL TDRS
Resolution No.0-2015
=2015
RECITALS
1. John P.McBride Jr. and Peter M.McBride("Applicant")have requested an extension of the deadline to
record the Conservation Easement required by the special review approval for Limited Development
Conservation Parcel Transferable Development Rights("TDRs").
2. The BOCC granted approval pursuant to Resolution No. 103-2014 to sever 31 TDRs as permitted by
Sec. 6-70-40(a)(9)of the Pitkin County Land Use Code("Code"). Condition#3 of the approval
required recordation of the Conservation Easement within 180 days of the date of the approval,which
was granted on October 22,2014.
3. The Community Development Director granted an extension from April 22,2015 to October 22,2015,
pursuant to Administrative Decision No. 12-2015. The Director found that it was appropriate to extend
the deadline as the Applicant was working with Pitkin County Open Space and Trails on a potential
conservation plan that could have affected the TDR approval.
4. The property is located off of East Sopris Creek Road, and is more specifically described in Exhibit A.
5. The property is zoned RS-30 and contains approximately 635 acres.
6. The parcel was created prior to June 12, 1978, and has not merged with any adjacent parcels.
7. The BOCC considered the application at a regular meeting on October 14,2015, at which time
evidence and testimony were presented with respect to the application.
8. The BOCC finds that it is appropriate to extend the deadline established in BOCC Resolution No. 103-
2014 to provide additional time for the Applicant to explore other options for conservation of the parcel,
while completing the base line environmental study that is required for the Conservation Easement.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it approves an extension of the
deadline to record a Conservation Easement established in BOCC Resolution No. 103-2014 and extended
by Administrative Decision No. 12-2015, subject to the following conditions, which shall run with the
land and be binding on all successors in interest:
1. 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.
Resolution No.0 p 2015
Page 2
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.
3. By February 22,2016 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.
APPROVED AND ADOPTED on the 14th day of October,2015.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY,COLORADO
By S -V-e-frt 4:2- all
ISteven F. Child, Chairman
TEST:
/ A a it i Lao
J;(.nette Jones, Cl!k to the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
A ' — t t kdLL- L, Ir f`
Cilia y ou.en John Ely
Community Development Director Coun_„,se ..rney
P-t�/-15
PID#246731100007
RECEPTION;k: 595592, f 1/2012 at 11:26:24 AM, 2 OF 3, 1
Janice K. Vos Caudill, .:it;cin County, CO
EXHIBIT A
Parcel 8t
M that real property owned by UE Land&Cattle,LLC;a Colorado limited liability company,in
Section 31,Township 8 South,Range 86 West of the Sixth P.M.:including government lots 5,7,
8,9, 12,13,14, IS,North one-half of.the Southeast one-quarter,Northeast one-quarter of the
Southwest one-quarter,East one-half of the Northwest one-quarter,and Northeast one-quarter,
Section 31,Township 8 South,Range 86 West of the Sixth P.M.
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