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Home My WebLink Aboutbocc.res.176.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DETERMINATION OF NO TAKINGS AS A RESULT OF THE DENIAL OF THE DROSTE RANCH SUBDIVISION/PUD APPLICATION RESOLUTION NO. 17C -2002 RECITALS 1. The Droste Family Interests (Applicant) has applied to the Board of County Commissioners (the"County") for a takings determination pursuant to Section 4-150 of the Land Use Code. 2. The action of the County that the Applicant contests constitute a taking of their real property is the denial of Applicant's development application (the "Application") for a fourteen(14)unit residential development and a 1.9 mile access road to provide access to the lots from Brush Creek Road. 3. Applicant's Application proposed development on a 126.35 acre parcel, of which approximately 99 acres is encumbered by a conservation easement Applicant sold to the County in 1996 for $480,000.00. The entire 126.35 acre parcel was the subject property relevant to Applicant's development proposal ("subject property"). 4. The Application was denied by the County based upon the requirements of the Pitkin County Land Use Code to regulate development in specific areas including critical . wildlife habitat, landslide areas, wildfire hazard areas, as well as the requirements for scenic overlay and ridgeline review, and Applicant's failure to meet special review criteria. 5. The Pitkin County Community Development staff identified alternative development sites on the subject property. 6. Applicant has not offered to develop in an alternative location, nor sought to modify the terms of the conservation easement which burdens a majority of the development parcel. 7. The denial of the Application does not change the Applicant's ability to access their property. 8. The denial of the Application does not affect any current or approved uses of Applicant's property or the Applicant's ability to seek and obtain other uses of the property in the future. I IIIIII(IIII IIIIII IIIII(III(IIIIII IIIII III IIIII IIII IIII 22 Page:4 00 12:25P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. /7L -2002 Page 2 9. The denial of the Application does not breach any contractual relationship running between the Applicant and the County as evidenced in the purchase and sale of the 1996 conservation easement. 10. The denial of the Application and the applicability of the Land Use Code requirements to the subject property are well supported and authorized by the Local Government Land Use Control Enabling Act, C.R.S. § 24-65.1-101, et. seq., the resolutions of the Colorado Land Commission and the jurisprudence of the state of Colorado. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado,based upon the foregoing and the record in this matter: That the denial of the Application by the County is not sufficient to establish an elimination of economically viable uses of Applicant's property. That the denial of the Application does not diminish the reasonable investment-backed expectations of the Applicant in its property, nor significantly diminish the Applicant's ability to develop its property or seriously diminish the value of Applicant's property. That the Board determines that there has been no taking occasioned by the denial of the development application of the Applicant. PUBLIC MEETING HELD AND TAKINGS DETERMINATION RENDERED ON THE DAY OF OCTOBER�2002. ADOPTED ON THE /1//t DAY OF OCTOBER 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO df By: itette Jones, eputy Clerk Patti Kay-Cl pper, Chair Date: ! 3y - 0-), 111111111111111111111 1/6 2 of /02 012:25P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.116 -2002 Page 3 APPROVED AS TO FORM AND CONTENT: John M. E!Y CIEW Houben Coun fey Community Development Director C:\home\jakResolutions\DrosteTakingsResolO-02.doc IIIIII IIIII IIIIII IIIII IIII IIIIII IIIII II IIIII IIII IIII 474422 //0 02 112:25P SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 EXHIB r 474422 IIIIII IIIII IIIIII IIIII IIII IIIIII IIIII II IIII IIII IIII Page:1//06/2002 12:25P ju1V 26 , 2000 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 S IL VIA DAVIS PITK IIIIIIIIIIII III IIIII Jill Page. 4 of r IN COUNTY CO Jill 10/02/2002 08:58q Engineers/Surveyors R 0.00 D 0.00 Boulder, LEGAL D SC'RTPTIO T Colorado Springs, Greeley P_ Tract of land located in Section 32 , T9S, R85w of �840PearlEastClrcle the 6th P .M. , Countv of Pitkin, State of Colorado . suite I14 Boulder. Colorado 80301-2475 _ 303 442 4333 303 442 4373 Fax Commencing at the Southeast corner of the NE1/4 of Section 29 from which the Northwest corner of Section 33 , T9S, R85W bears S00°04 ' 34"E, Thence S38028 ' 37 "W, 5426 . 75 feet to the Southwest corner of a Conservation Easement as described in Reception No . 438L91 in the Records of the Pitkin County Clerk and Recorders Office to the True Point of Begianincr Thence S1103310711E, 1999 . 09 feet along the Easterly line of a Conservation Easement as recorded at Reception No . 391098 in the records of the Pitkin County Clerk and Recorders Office; Thence N89040 ' 17 "E, 2142 . 70 feet; Thence S00019143 "E, 499 . 98 feet; Thence S89040 ' 17 "W, 1780 . 11 feet; Thence S89°54131"w, 262 . 95 feet to the Southwest corner of said Conservation Easement; Thence S89°54 ' 31 "W, 1069 . 36 feet along the South line of said Conservation Easement as recorded in the records of the Pitkin County Clerk and Recorders office at Reception No . 391098 ; Thence N01012 ' 27 "W, 1339 . 19 feet along the West line of said Conservation Easement as recorded in the records of the Pitkin County Clerk and Recorders Office at Reception No . 391098 ; Thence N8904114111W, 166 . 64 feet along the South line of said Conservation Easement as recorded in the records of the Pitkin County Clerk and Recorders Office at Reception No . 391098 ; 1 t��111 swill 11111.111 •ate 1111111 101901 III •alux 11111 I��1 1111111111111111111111111111111111111111111111111111111 Page: 5 of 6 474422 11/06/200212:25P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Thence N00'09 ' 34"E, 2463 . 51 feet along t}re West line of said Conservation Easement as recorded in the records of the Pitkin County Clerk and Recorders Office at Reception No . 391098 ; Thence Di063°06 ' 27 "E, 110 . 16 feet along the Diorthwesterly line Of said Conservation Easement as recorded in the records of the Pitkin County Clerk and Recorders Office at Reception No . 391098 ; Thence N09°18 ' 28 "W, 437 . 21 feet along the Westerly line of said Conservation Easement as recorded in the records of the Pitkin County Clerk and Recorders Office at Reception No . 391098 ; Thence N10°09 ' 21"E, 186 . 19 feet along the Westerly line of said Conservation Easement as recorded in the records of the Pitkin County Clerk and Recorders Office at Reception No . 391098 ; Thence N11°14 ' 06 "W, 56 . 28 feet along the Westerly line of said Conservation Easement as recorded in the records of the Pitkin Countv Clerk and Recorders Office at Reception No . 391098 to the South Right-of-way line of Brush Creek Road; The following courses and distances are along the Southeasterly Right-cf-wav line of Brush Creek Road: Thence N61°33 ' 00 "E, 163 . 64 feet to a point of curve to the right; Thence Northeasterly, 221 . 88 feet, said arc having a radius of 1097 . 52 feet, a central angle of 11°35 ' 00 " and being subtended by a chord that bears N67°20 ' 30 "E, 221 . 50 feet; Thence N73°08 ' 00 " E, 573 . 12 feet; Thence Northeasterly, 201 . 07 feet, said arc having a radius of 1090 . 92 feet, a central angle of 10°33 ' 38 " and being subtended by a chord that bears N78°24 ' 49"E, 200 . 79 feet; Thence N79020 ' 03 " E, 50 . 53 feet; Thence N87°07 ' 22 "E, 30 . 37 feet; Thence N87055 ' 00 "E, 27 . 14 feet; II I{ 472898 IIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 0//02/2002 08:58A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Illlll illll 111111111111 IIII 11111111111 III 11111 IIII IIII 446923 09/12/2000 04:19P SPEC WD DAVIS SIL VI 4 of 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO J • PO r ' Thence S11026 ' 58 "tr4, 2495 . 84 feet leaving said Southeasterly Right-of-way line of Brush Creek road aiofig the Northwesterly line of Conservation Easement as desribed in the Pitikin County_ Clerk and Recorders office at Reception No - 438191 to the 'true Point of Beginning. Area= 126 . 203 Acres more or less Legal Description Prepared By: Scott A. Pulling, PLS #27936 Drexel Barrell & Co . 4840 Pearl East Circle, Suite 114 Boulder, Colorado 80301-2475 (303 ) 442-4338 IIIIII IIIII IIIIII IIIII IIII IIIIIII IIII III IIIII IIII IIII 4/06/ 0022 12:25P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 IIIIII IIIII IIIIII IIIII IIIIII III(IIIIII III IIIII IIII IIII 4 gO$98 08:58P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 III{11 Illll I11{II II1111 IIII IIIII IIIIII III IIIII IIII II11 446923 09/12/2000 04: 19P SPEC WD DAVIS SILVI 5 of 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO