HomeMy WebLinkAboutbocc.res.089.2017 1111111111111111111111111111111111111111101111111111111
RECEPTION*:644097.R: $0.00, D $0 00
DOC CODE:RESOLUTION
Pg 1 of 2, 12/2912017 at 09'28:20 AM
Janice K Vos Caudill,Pitkin County,CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,IN CONNECTION WITH AN APPEAL BY AVR AH,LLC OF THE
COMMUNITY DEVELOPMENT DEPARTMENT'S DENIAL OF PERMIT NO.0183.2017.PBLD
FOR SITE LIGHTING AT ASPEN VALLEY RANCH AND REMANDING THE MATTER TO
THE COMMUNITY DEVELOPMENT DEPARTMENT
Resolution No.g 9 -2017
RECITALS
I. Pursuant to Section 2.8.4(Actions)ofthe Pitkin County Home Rule Charter("HRC"),all matters not
required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution.
2 AVR All,LLC("Appellant")has appealed the Community Development Dcpanment's("Community
Development')denial of Permit No.0183.2017.PBLD for site lighting at Aspen Valley Ranch,to the
Board of County Commissioners of Pitkin County,Colorado("BOCC"),pursuant to Section 2-20-
180(g)of the Land Use Code. The Appellant asserts that the decision was arbitrary and capricious
and thus constitutes an abuse of discretion,and requests that the BOCC reverse the Community
Development decision and approve the permit
3. The parcels are legally described as Homesteads 2, 3, 4 and 5,and the Agricultural Facilities Parcel,
Aspen Valley Ranch Subdivision Exemption.
4. The parcels are zoned RS-20,and were created via the Slate's 35 acre subdivision exemption.
5. The BOCC granted approvals for the development of nine residential parcels and a common agricultural
parcel at Aspen Valley Ranch,pursuant to Resolution Nos 112-2005,081-2008,and 069-2014. Single
family residences have been constructed on Homesteads 2,3,4 and 5,pursuant to the approvals. The
Agricultural Facilities Parcel includes the historic Bourg Homestead cabin,brim and potato cellar;a
horse barn,pool and pool house,and the Ranch House(common facility)
6. The Lighting Plan proposed in Permit No.0183 2017.PBLD includes the following'
A. Approximately 70 lights along Aspen Valley Ranch Road, East Bourg Trail and West Bourg Trail
through Homesteads 2,3,4 and 5 and the Agricultural Facilities Parcel.
B 5 light poles at the intersections of Aspen Valley Ranch Road and West Bourg Trail(lower and
upper),Aspen Valley Ranch Road and East Bourg Trail,and East Bourg Trail and East Pasture
Lane
7. Community Development rejected the permit,based on inconsistency with Sections I-60-70(h), 1-60-
I80(k)and 7-20-140 of the Land Use Code.
8. The Appellant submitted a notice of appeal within 15 working days of the decision,as required by
Sec.2-20-180 of the Code.
9. The BOCC heard this appeal at a regular meeting on December 20,2017,at which time evidence and
testimony were presented with respect to the appeal based on the record.
RECEPTION#-644097,12129/2017 at00992820 AM, Pgs 2 of 2,Janice K Vos Caudill, Pitkin County,CO
Resolution No. 00 -2017
Page 2
10. The BOCC finds that Community Development made a clear and demonstrable error by failing to
make adequate factual findings in the application of the facts in the record to the standards of the
Land Use Code,and remands this matter to the Community Development Department for a
determination within 100 days.
I I. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolution
NOW THEREFORE BE IT RESOLVED by the Pitkm County Board of County
Commissioners that it does hereby remand the Appeal of AVR AH,LLC of Community Development's
denial of Permit No.0183 2017.PBLD for site lighting at Aspen Valley Ranch to the Community
Development Department,and authorizes the Chair to sign on behalf of the County.
APPROVED ON THE 2010 DAY OF DECEMBER,2017.
•TTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO__ J)
l I r C.fank Net)
;nette Jones George Newman,Chair
!put),County Clerk
Date: IX'Z(a,Zo I;'
APPROV i AS 10 FORM- APPROVED AS TO CONTENT:
Pitktt —��7cf�
4e144114yr it . V A. '& Cin Houben,
/hplCounty Attorney 0 Community Development Director
PID 264305302002;264305402001.264305402002;264308101001,264305300801
Case NP080-17