HomeMy WebLinkAboutbocc.con.190.2002 -\P'PROVVEDD BY BOCC CONTRACT#/
A
ON_.If-2 ' DEVELOPMENT AGREEMENT
— THIS DEVELOPMENT AGREEMENT (the "Agreement') is dated as of the day of
c') 1 2002 (the "date hereof' by and between the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY (the 'Board") and Thomas M. Turnbull ("Owner").
RECITALS
A. Thomas M. Turnbull owns Bane Tract 4, an approximate 509 acre lot ("subject lot or site"),
located in the Bane Tracts, a land division recorded in the office of the Pitkin County Clerk and County
Recorder.
B. The site is located in the Prince Creek Valley at the intersection of West Sopris Creek, Dinkle
Lake and Prince Creek Roads. The property is more specifically described in Exhibit A.
C. The site is zoned RS-30 PUD.
D. The site received 1041 Hazard Review approval pursuant to the Pitkin County Hearing Officer
Determination No. 23-2002 on May 28, 2002 (the"Determination").
E. The Owner applied to the Board for an extension of Vested Property Rights for a period of
twenty years.
F. The Board considered the application for an extension of Vested Property Rights at a duly
noticed public hearing on September 11, 2002. The Board voted unanimously to extend Vested Property
Rights for the subject lot until September 11, 2022 and directed the Pitkin County staff to prepare a
Development Agreement with the Owner to memorialize the extension of Vested Property Rights.
G. The Owner received land use approvals to build improvements on the subject lot including
15,000 square feet of floor area as defined in the Pitkin County Land Use Code for properties within the
Rural Area ("floor area„)and agricultural buildings as defined in the Pitkin County Land Use Code. There
are no floor area limits on agricultural buildings.
H. All references to "Pitkin County Land Use Code" and "Code" refer to the Code in effect on
September 25, 2002 and the interpretation of the Code on September 25, 2002.
I. The Board is agreeable to extended vested property rights of 20 years because the
Owner is proposing development on a lot larger than 500 acres, significantly below the zoned density of
one dwelling unit per 30 acres.
J. The Board finds that this Agreement promotes the public benefit in a manner consistent
with, and which promotes the policies and requirements contained in the Code.
NOW, THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows.
1. In exchange for the Owner pursuing an extremely low density development pattern on this site,
the Board has agreed that the owner, successors or assigns shall be entitled,without change, to develop
improvements on the subject site comprised of up to 15,000 square feet of residential floor area. (The
definition of floor area on Exhibit"B" attached hereto and made a part hereof, which is the current County
definition, will be utilized in calculating FAR when a building permit is applied for.) Additionally, agricultural
buildings shall have no floor area limitations.
2. Site development shall be in compliance with the provisions of the Code in effect on
September 25, 2002 and the interpretation of the Code in effect on September 25, 2002; provided,
however, rules of general applicability pertaining to health, safety, and welfare shall apply, except as
exempted herein.
3. Statutory vested property rights for the approval granted pursuant to the Determination are
granted pursuant to the Code and Colorado Statutes, subject to the exceptions (unless modified herein)
set forth in the Pitkin County Land Use Code section 4-140 and C.R.S. 24-68-105. The statutory vested
rights granted herein shall expire on September 25, 2022.
-1-
I I IIIIIII�IIIIIIIIIIIII 4 I of Q63
g4 0I:40P /
IILVIAIIIIIIIR�ITKINUNTY I R 0.00 0 0.00 f
SILVIR DAVIS PITKIN COUNTY CO
4. The Owner, successors or assigns shall comply with conditions of approval in the
Determination.
5. Development shall comply with the Uniform Building Code, Fire Code, Plumbing Code
Electrical Code and Mechanical Code in effect at the time of building permit submission. All development
shall be exempt from any and all Pitkin County Affordable Housing exactions and/or Fair Share Affordable
Housing requirements. Any other exactions, dedications, and/or Fair Share Development fees in place on
the date of building permit submission shall apply.
6. The Owner, successor or assigns shall adhere to all material representations made in the land
use application for Bane Tract 4 and in the public hearings.
7. Significant changes to the approved land use concept for the Tract including, but not limited to,
further division of land, changes in the approved use of the land, or development of additional free market
single family dwelling units shall result in a forfeiture of vested property rights.
8. Insignificant changes to the approved land use concept which may require County land use
review, including, but limited to, lot line adjustments, development of affordable housing or caretaker
dwelling units, minor adjustments to building/development envelopes or access roads, addition of new
agriculture improvements or stock/fire pond envelopes may be made without affecting the 20 year vested
property rights. _
APPROVED ON THIS S DAY OF h �' j 2002.
THOMAS M. TUR BULL, by Thomas R.
Turn ull as or a -in-Fact
` `} r BOARD OF COUNTY COMMISSIONERS
ATTEST: OF PITKIN COUNTY, COLORADO
By,
Clerno he Board f �� '— Chair
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
—. 'Q (6 A '�v o
o n Ely, Count Cindy Hoube , Community
Development Director
STATE OF COLORADO )
)Ss. A`. .....Q
COUNTY OF Pitkin ) O:'
�The foregoing instrument was acknowledged before me this t Iday of Octobe p��aSW�
Thomas R. Turnbull, as Attorney-in-Fact for THOMAS M. TURNBULL. WtLgpN
)
fO
o
WITNESS my hand and official seal. `r��' • .�fie
My commission expires:-1 %� 9rf OF CO O
'Cl'�r'1,t1
otary Publ� %�ic
(NOTARY ACKNOWLEDGMENTS CONTINUE ON NEXT PAGE)
-2-
06
III IIIIIII IIIIIIIII IIIII I1II IIII Page:
9 40 01:40P
I I LVIA DAVIS IIIPI TKII CO R 0.00 0 0.00
- SILVIfi DPVIS PITKIN COUNTY
STATE OF COLORADO )
) ss.
COUNTY OF Pitkin ) �day
Th oregonginstrume as cknowI dged before me this of October, 2002, by
as the of the BOARD OF COUNTY COMMISSIONERS OF
PITK C Y, COLORADO.
WITNESS my hand and official seal.
My commission expires: 4 _�
t c
()S ,h R Y
0
JV
IIIIII IIIII IIIIII IIIII Ili IIIIIII IIIII III IIIII IIII IIII 10/28/2002 4 Page:4063 01 40F
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0,00
-3-
10/10/02 THLi 13: 44 FAX 1 970 945 5948 _. SCHMUESER GORDON MEYER
ra 006
EXHIBIT "A"
DESCRIPTION-TRACT 4 B South, Range 88
Township 9 South, Range 68 West all of the 6th
A tract of land situate in Sections 35 and 36, Township
West, and Section 1, more particularly described as follows :
principal Meridian being
Beginning at the SW corner of Lot 2 of saidheeWestnline of said Lot 2 to
thence, N 00027'11" W, 1274.23 feet along
the NW corner of Lot 21
thence, N 89°43 ' 27" W, 758 .14 feet along the south line of said Section
ection 36;
36 to the south 1/4 corner Ofalong the south line of Section 36 to
thence, S_89°07'S6" W,
the SW corner of Section 36; the south line of said Section
thence, S 89°38' 50" W, 2636 .97 feet along
35 to the south 1/4 W r5283�37Sfeetoalong the north south centerline of
thence, N 00 48 e 4 corner of Section 35;
Section 35 to the north 1/ the north line of Section 35 to
thence, N 89°53'35" E, 2655 .56 feet along
the NE corner of Section 35;
feet;
thence, S 00°36- 22q 317 .96 96 feet;
thence, S 00 o5 57 E, 128625
thence, S 89053 15 11321..19 feet;
thence, 5 00000, 001, W, feet;2835 ,16 feet;
thence, N 90000'00" W, 17745 .30 feet;
thence, S 00 00' 00"
thence, S 35039' 51" W, 1207 .22 feet; 2 082,361 sq.'ft. or 506 . 94 acres
to the point of beginning, containing 2
more or less.
i
I
I
I 474063
illlllIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIII Page:0//28/2002 01 :40P
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
I
II �
I
I
EXHIBIT "B"
(Pitkin County Land Use Code 11/01) Section 8-01
FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a
building or structure. In calculating floor area, the following rules apply:
A. For properties within the Rural Area and properties within the Aspen Area Urban
Growth Boundary not subject to floor area ratio restrictions through underlying zoning, the
following shall apply to the calculation of floor area:
General: In measuring floor area, all dimensions shall be taken from the outside face of
framing or other primary wall members or from the center line of walls separating adjoining units
of a building or portion thereof. Fireplaces, elevators, stairs and similar features are included in
the floor area on each floor.
Measurement of Total Floor Area for a Property: In measuring floor area for a property,
for parcels under twenty (20) acres in size, all structures shall be included in the calculation. For
parcels over twenty (20) acres in size, all structures shall be included in the calculation except
for agricultural buildings.
Roof Overhangs and Decks: The floor area of a building, or portion thereof, not provided
with surrounding exterior walls shall include the area under the horizontal projection of roofs or
floors, when the roof or floor exceeds five feet (5'). These architectural projections are exempt
for five (5') of the perimeter of each story of the structure. This exemption cannot be used to
transfer space between floors.
Decks, Balconies, Stairways and Similar Features: Structures that exceed thirty inches
(30") above natural or finished grade, and that are not covered by a roof or architectural
projection from a building, are exempt from floor area for up to fifteen percent (15%) of then
approved floor area for the subject parcel or lot. Any areas in excess of fifteen percent (15/o)
shall be counted toward floor area.
Crawl Space: Crawl spaces shall be exempt from the calculation of floor area, even if
exposed above natural grade, so long as the height of the crawl space does not exceed five feet
six inches (66").
Attic Space: That portion of attic space where the distance between the floor and ceiling
exceeds five feet six inches (5'6") in height shall count as floor area.
SIN 11111111111111111111111111111 406of
3 01 40P
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 /