HomeMy WebLinkAboutbocc.res.141.2018 1111111 1E111111 11111 1111111111 1111111 111111111111111111111111111111
RECEPTIONS- 652283, R: $0 00, D $0 00
DOC CODE: RESOLUTION
Pg 1 of 7, 11/30/2018 at 01:49-35 PM
Janice K Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE DOREMUS SUBDIVISION/PUD DETAILED SUBMISSION
AND FINAL PLAT, ACTIVITY ENVELOPE AND SITE PLAN REVIEW
Resolution No./k1-2018
RECITALS
1. Pursuant to Section 2 8.4(Actions)of the Pitkin County Home Rule Charter("HRCT, all matters not
required to he acted upon by ordinance or formal resolution may he acted upon by informal
resolution
2 Andrew and Jeanne Doremus("Applicant") has applied to the Board of County Commissioners of
Pitkin County,Colorado("BOCC")for Detailed Submission and 1 mal Plat Subdivision approval to
subdivide a 2 35 acre lot into two(2) lots, Planned Unit Development(Pl1D)approxi al in order to vary
setbacks, lot size,and preserve open space, and Activity Envelope and Site Plan approval for a new
single-family residence on lot 2
3 The property is located at 85 Glen Garry Drive and is described as Block 1, Int 15 of the Aspen
highlands Subdivision, plus the Baldwin Tract
4 the lot is zoned R-30 and contains 2.35 acres,and is located within the Urban Growth Boundary
5 The Applicant has successfully attained a development right for the newly created lot through the
Growth Management Quota System(GMQS)process that was conducted in tandem with the
Conceptual Subdivision review process. The BOCC,through Resolution No 003-2017 recorded as
Reception No 635794 allocated 5,750 square feet of gross floor area for a new lot BOCC Resolution
018-2017 recorded as reception No 637852 approved the Conceptual Subdivision/PUD Submission and
Achy ity Em elope and Site Plan Review with conditions. BOCC Ordinance 013-2017 recorded as
Reception No 637851 rezoned the subject property with a Planned Unit Do elopment(PLED)overlay to
accommodate the PUD portion of request to reduce the minimum lot size in the R-30 Zone District and
to vary setbacks. Pursuant BOCC Resolution No 32-2017 recorded as reception No. 641067. 800
square feet of floor area were allocated for a carport on Lot 1 in the 2017 GMOS competition for
additional floor area Pursuant to P7 Resolution No. 10-2018,an Activ ity Envelope and Sitc Plan
Review approval was granted for Lot I to encompass the existing single-family residence,carport, and
greenhouse.
6. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly
scheduled meeting on August 21.2018,and recommended approval by a vote of 6-0 pursuant to PZ
Resolution No. 11-2018.
7 The BOCC considered the proposed application at duly noticed public hearings on October 24 and
November 14,2018
8. The BOCC finds that the Subdivision/Pt ED Detailed Submission application is consistent with the
applicable provisions of the Pitkin County Land Use Code as follows.
Resolution Au 81 -2)I
Paget
A The Applicant has shown compliance with all conditions of BOCC Conceptual Subdivision
Resolution 018-2017 and has demonstrated that the proposed structure on Lot 2 will not be visible
from Maroon Creek Road as required pursuant to PZ Resolution No. 11-2018.
B. The Subdivision/PUD is consistent with the Aspen Area Community Plan and the scale of
surrounding development
C. The proposed Subdivision/PUD provides areas for common usable open space and presen es
more open lands in their natural state than would he required by the underlying zone district.
D. The proposed Subdivision/PUD will not result in significant adverse impacts on adjacent
properties,or the natural environment.
E No road improvements will be required as a result of the subdivision. Current infrastructure has
the capacity to serve the new lot
9 the BOCC further finds that the Activity Envelope and Site Plan application for Lot 2 is consistent
with the applicable provisions of the Pitkin County Land l Ise Code as follows:
A The activity envelope avoids slopes in excess of 30%.
B The parcel is located within a low wildfire hazard area and the hazard can he mitigated.
C The lot is not mapped within any significant w ildlife habitat.
D The Parcel is within the mapped Maroon Creek Road Scenic View Protection Area. Due to
distance,existing vegetation, and topography, the residence will unlikely he Bible from the
road
10 The BOCC further finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolution.
NOW,THEREFORE, BE Pl'RESOLVED by the Board of County Commissioners of Pitkin County,
Colorado that it hereby approves the Doremus Subdivision PUD Detailed Submission and Final Plat, and
Site Plan and Actih in Envelope for Lot 2, subject to the follow ing conditions,which shall run with the
land and he binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon
the satisfaction of the County Attorney as to form,execute any other associated documents necessary to
complete this matter:
1 All material representations made by the Applicant in the application and in public meetings and
hearings shall be adhered to and considered conditions of approval. unless otherwise amended by
conditions.
2. I he Final Plat and associated documents shall he recorded within 180 days of the date of BOCC
approval 'I he Final Plat shall be amended to remove the structures depicted on Lot I and shall
include a dr iveway easement across Lott to benefit Lot I. and a pedestrian easement across Lot I to
the benefit of Lot 2 to access the Open Space parcel.
3. Concurrent with recordation of the Final Plat,the Applicant shall record
A The Activity Envelope and Site Plans for Lot I and Lot 2 in accordance with Land Use Code
Sections 2-30-20 and 7-10-50 of the Code, and Application Manual Section 21.1. The Plans shall
be reviewed and approved by'the Community Dehelopment Department prior to recording
B. A Covenant memorializing the commitments made in the 2016 GMQS application. The
covenant shall be reviewed and approved by the Community Development Department prior to
recording
Re'ohalon No 81 --lll,S
Page 3
C A Coy enant restricting the Subdivision/PUD against further subdit ision The covenant shall be
reyicwed and approved by the Community Development Department prior to recording.
4. In lieu of recording a Doremus PUD Guide, the follow mg notes shall he included and depicted on the
Final Plat:
The following setbacks have been varied from the R-30 zone district through the PUD overlay
and PUD review process:
Doremus Subdivision/PUD Lot I:
• The Setback from Maroon('reek Road is 65 feet
• The east side yard setback is 3 feet
Doremus Subdivision/PUD lot 2
• The west side yard setback is 11 feet.
• The front yard setback is 11 feet.
• The minimum lot size is 20.965 square feet
5. The Actiy itv Envelope and Site Plan for Lot I shall be amended as follows, prior to submission:
A Title the Activity Envelope and Site Plan for Lot I "Doremus Subdi ision/Planned Unit
Deselopment Lot I Activity Envelope and Site Plan"
6 Within 365 days of the recordation of the Doremus Subdivision/PUD Final Plat,the Applicant shall
submit a building permit application and obtain a Certificate of C ompletion for the carport, and shall
obtain a permit for the greenhouse A building permit submittal for the house on Lot 2 will not be
accepted unless a Certificate of Completion for the carport has been issued and a permit has been
obtained for the greenhouse
7 With the building permit application for I of 2.the Applicant shall
A Submit receipts from the City of Aspen Water Department for fees paid for development review
and fixture count, or confirmation from the City of Aspen Water Department that a review has
been done and no fees are due
B Submit receipts from the Aspen Consolidated Sanitation District for fees paid, or confirmation
from the Aspen Consolidated Sanitation District that a review has been done and no fees are due.
C Pay the applicable road and employee housing impact fees
D Submit the receipt foss the cash payment in lieu of dedicating land to the Aspen School District.
Calculation of the payment shall he based on the regulations in effect at the time of building permit
issuance
E. Submit the receipt for the cash payment in lieu of dedicating land to the County for
parks/recreation/open space. Calculation of the payment shall he based on the regulations in effect
at the time of building permit issuance
F Submit the receipt for the cash payment of$5.000 to the Aspen School District for transportation
planning and related traffic issues.
G Submit the receipt for the cash payment of$15,000 to the Aspen Fire Protection District to assist
them in attaining a side-by-side UTV.
H. Submit the receipt for the cash payment of$8,000 to the City of Aspen Parks Department for
improvements to the Government Trail and Bridge.
Resulu0on No IHS -2O18
Page 4
I. Submit an access permit for an} improvements to the driveway on Lot 2, which shall he
approved by the Planning Engineer and the Aspen Fire Protection District
.1 Submit a fireplace/woodstove permit from the Community Development Department, if
necessary.
K Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist for review and approval by the Planning Engineer.
L. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree
mitigation plan and a noxious weed management plan
8 Based upon the R-30 zone district Lot I may be de}eloped with up to a maximum of 12.921 square
feet of gross floor area, 8,171 square feet of floor area. 4,000 square feet of sub-grade space, 750
square feet of exempt garage space. 5,750 square feet of gross floor area is exempt from growth
management The use and approval of transferable development rights(TDRs) or growth
management allocations is required to exceed 5,750 square feet of gross floor area or the quantity of
existing permitted gross floor area up to 12,291 square feet of gross floor area The BOCC approved
Resolution No 32-2017 recorded at reception No. 641067 granting an allocation of 800 square feet
of floor area to permit the carport in the 2017 GMQS competition for additional floor area,therefore
neither additional GMQS allocation, nor a TDR is required to issue a building permit for the carport.
9. Lot 2 is approved to develop up to a maximum of 5,750 square feet of gross floor area; 4,750 square
feet of floor area, and 1000 square feet of exempt subgrade and/or garage space. The use and
approval of transferable des elopment rights( I DRs)or growth management allocations to exceed
5,750 square feet of gross floor area on the property is strictly prohibited
10. The Applicant shall comply with all standards for development within Scenic View Protection Areas.
The exterior of the residence shall utilize indigenous earth tone materials or colors and the roofs shall
have a non-reflects e color or composition Reflective roof materials shall not be used unless the
materials are treated prior to installation to eliminate reflectivity, with the exception of materials
associated with solar or photovoltaic equipment. Driveway lighting is not permitted and all other new
lighting shall comply with the lighting code.
11 I he Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area
A Defensible space the area around all buildings/structures. limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows(note actual vegetation manipulation to
meet these conditions may not be necessary. where the natural vegetation patterns have already
fulfilled these conditions 1'
11 Brush,debris and non-ornamental vegetation shall be removed within a minimum ten-foot
(10') perimeter around all structures
2) All branches from trees and brush within 30 feet of all structures(or to the property line)
shall be pruned to a height of ten(10) feet above the ground with removal of ladder fuels
from around trees and brush.
3) 7 ree crown separation for coniferous trees shall be at least 10' Tree crowns for aspen may
touch and interconnect, as long as ladder fuels have been removed from beneath trees.
41 Flammable mulches are not allowed within 2' of all structures Aspen trees shall be at least
10' from the house
Re m(na in,No/lt -2018
Page 5
5) 31p to 5 evergreen trees are allowed within 30' of all structures, hut should be limbed to 10'
and shall not hay any flammable fuels underneath the trees These trees shall be separated
by at least 20', unless clumped together(no more than 3 trees in a clump) in which case the
clump shall he separated by at least 30' from another clump or individual tree.
6) No trees shall be within 15' of any window.
7) All branches that extend over the roof caves shall be trimmed and all branches within fifteen
(15)feet of chimneys shall be removed
8) All deadfall up to a one hundred (100) foot perimeter or the property line shall be removed
9) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code No wood shakes or shingles All other adopted Building Code compliant
methods and materials permitted Roofs with less than a 3.12 pitch are not permitted unless they
comply with the following:
1 I All roof coy erings shall be constructed of non-combustible materials and installed on a Class
A root assembly.
2) All roof coy erings shall have a sut face that shall facilitate the natural process of clearing roof
debris.
3) Protrusions ahoye the roofline, such as parapets, shall be prohibited.
4) Roofs shall he installed as required by the adopted Building Code and shall hay a minimum
pitch of 1 48.
5) All roof designs, CON erings.or equivalent assemblies shall he specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C Maintenance and Miscellaneous Requirements
11 Roofs and gutters shall be kept clear of debris.
2) Roof vents shall he screened with corrosive resistant wire mesh, with mesh one-fourth (1/4)
inch maximum
31 Any outbuilding shall adhere to the same wildfire requirements
4) Yards shall be kept clear of all litter, slash and flammable debris
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen(15)feet
away from any structure
6) Weeds and grasses within the ten ( 10)foot perimeter shall he maintained to a height not
more than six(6) inches
7) Firewoodhvood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure
8) Swimming pools and ponds shall be accessible by the local fire district
9) Fences shall he kept clear of brush and debris
10) Wood fences shall not connect to other structures.
I I) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approy ed for two(2)hour fire-resistive construction on the exterior side of the
walls.
13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher
Raoln(ton Nn 0-201N
Pagr 6
14) Addresses shall he clearly marked with two(2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non-combustible post
15) Utilities shall be extended underground.
11 The Applicant shall comply vv nh the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access,turning around of fire apparatus.and installation of an
approved fire sprinkler system
12. Trash/garbage shall he kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance, Verification of compliance shall he provided prior to
issuance of a certificate of occupancy.
13 No development including grading,excavation, fill placement,berming, landscaping,or vegetation
removal or disturbance, shall occur outside of the approved activity envelope.except as necessary to
comply with the wildfire mitigation measures described above
14. Prior to commencement of any earthmoving or other construction activity,the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. Fhe fencing shall remain in place until issuance of a
Certificate of Occupancy
15. No calculations for height, bulk, setback, size,floor area,or any other building and zoning requirements
have been conducted. 1 hese requirements w ill he considered at the time of building permit Any
structures represented in the application may not he permitted under building and zoning regulations
16. Failure to comply with the conditions of this approval may result in revocation of this approval. or
any subsequent permit( or approv ails)related to this property, or vested rights associated with this
property.
17. Statutory vested rights for the Subdivision, Site Plan and Activity Envelope approval contained
herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the
exceptions set forth in Pitkin County land Use Code § 2-20-170 and C R S. § 24-68-105 The
statutory vested rights granted herein shall expire on 2021
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY O ' T`IF//RESOLUTION
PURI (SITED IN THE ASPEN TIMES WEEKLY ON THE°J5� DAY OF�C.¢OFrr / , 2018
NOTICE OF PUBLIC HEARING AND EHE FULL TEXT Of IIIE RESOLUTION,POSTED ON THE
OFFIC AL PITKIN COUNTY WEBS! F (www.pitkincounty.com )ON THE �5 DAY OF
`4C, eke v 2018
INTRODUCED AND FIRST READ Al A PUBLIC HEARING ON THE 24th DAY OF OCTOBER, 2018.
ADOPTED AVI ER FINAL READING AT A PUBLIC HEARING ON THE 14th DAY OF NOVEMBER,
2018.
PUBLISHED BY TITLE.�AND SHOR SUMMARY. Al I ER ADOPTION. IN INC ASPEN TIMES
/
WEEKLY ON THE E�DAY OF A u _'t- , 2018
Rew(n(ian No M -2018
Page 7
POS I ED BY 'II FEE AND SHORT SUMMARY ON iE OFFICIAL PITRIN COUNTY WEBS!I L
(uww.pitkmcounty coin )ON T11C ( DAY OF2b2✓ 2018
A"' EST. BOARD OF
COUNTY COMMISSIONERS
•
•
9
By I Al J By: CI 0"" 11-
Jea tte Jones Patti Clapper. Chair
De ii ty County Clerk
Date. II - ZB-Zot �
APPRO1 AS TO FORM: APPROVED AS TO CONTENT
ai
a y 1
Rich.'. 1t Niley III. Cindy Houbci. Community Depihent Director
Assistan County Attorney
P(128-I8
PID 273514201007
CONTRACT
PROTECTIVE COVENANTS: G 901160tf t
PROHIBITING FURTHER SUBDIVISION OF THE DOREMUS SUBDIVISION/PLANNED
UNIT DEVELOPMENT
ih R�
THESE PROTECTIVE COVENANTS are made and entered into this 1 O day of '"l a y ,2019,
by Jeanne C. Doremus and Andrew J.Doremus (hereinafter referred to as"Owner"),whose address is 85
Glen Garry Drive, Aspen,Colorado, 81611 located in the County of Pitkin, State Parcel Identification
Number 2735-142-01-007, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO.
WITNESSETH:
WHEREAS,Jeanne C. Doremus and Andrew J. Doremus are the owner of the real property
situated in Pitkin County, Colorado, described as the Doremus Subdivision/Planned Unit Development as
depicted on the plat of record in Plat Book 11.5 at Page 043 of the real property records of Pitkin
County, Colorado(referred to herein as"the Property").
WHEREAS, as a condition of the approval granted by the Board of County Commissioners of Pitkin
County, Colorado for the Doremus Subdivision/Planned Unit Development in Resolution No 141-2018,
Reception# 652283 the Owner is required to enter into these Covenant; and
NOW THEREFORE, the Owner does hereby publish and declare that the following terms,
covenants, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run
with the land, shall be a burden and a benefit to the Owner, its successors or assigns, and any person or
entity acquiring or owning an interest in the Property or any portion thereof.
1. No Further Subdivision. The Property is hereby restricted against any further subdivision into
smaller lots at any time, notwithstanding the underlying zoning.No owner of the Property shall
be allowed to subdivide the Property into smaller lots or convey or encumber the Property in any
less than the full dimensions as shown on the recorded Plat described above, except for
conveyance of utility or other easements as necessary or desirable for the development of the
Property.
2. Covenant Runs With the Land. The covenants set forth in this document shall run with the land
and shall be binding upon and inure to the benefit of the owners and their respective heirs,
successors and assigns.
3. Enforcement. The covenants, restrictions and conditions contained in these Protective Covenants
may be enforced at any time by the Owner, as the owner of the Property, it successors or assigns,
or by the Board of County Commissioners of Pitkin County, Colorado. These covenants shall be
enforceable by proceeding for prohibitive or mandatory injunction or action for damages or
expenses of maintenance.Actual damages may not be deemed an adequate remedy for breach or
violation and, in an appropriate case,the Court may award punitive damages. In any action to
enforce any covenant, restriction or condition contained in these protective covenants,the
prevailing party or parties shall be entitled to an award of reasonable attorneys' fees and costs
incurred by the prevailing party in such enforcement action.No violation or breach of these
protective covenants and no action to enforce the same shall defeat, render invalid or impair the
lien of any mortgage or deed of trust taken in good faith and for value,or the title or interest of
the holder thereof, or the title acquired by any purchaser upon foreclosure of any such mortgage
or deed of trust.
huH 11111 I I H 1111111111111111111111111 1 1 1 1 1 11111111111111111111111111111
RECEPTION#: 656550, R: $0.00, D: $0.00
DOC CODE: COVENANTS
Pg 1 of 4,06/1 1/201 9 at 02:41:49 PM
Janice K.Vos Caudill, Pitkin County, CO
4. Notices. Any notice, consent or approval which is required to be given hereunder shall be given
by mailing the same, certified mail, return receipt requested, property addressed and with postage
fully prepaid,to any address provided herein or to any subsequent mailing address of the party as
long as prior written notice of the change of address has been given to the other parties to the
Agreement.
Said notices, consents and approvals shall be sent to the parties hereto at the following addresses
unless otherwise notified in writing:
To Declarant: Jeanne C. Doremus and Andrew J. Doremus
85 Glen Garry Drive
Aspen, CO 81611
To County: Pitkin County Manager
530 East Main Street
Ste. #302
Aspen, CO 81611
Jon.Peacock@pitkincounty.com
With Copies To:
Pitkin County Attorney
530 East Main Street
Ste. #301
Aspen,CO 81611
attorney@pitkincounty.com
When the Property is sold or conveyed to a new interest,the Declarant shall be required to notify
the County of the change in ownership and the name and mailing address of the new owner of the
Property.
5. Severability. Whenever possible,each provision of this Agreement and any other related
document shall be interpreted in such a manner as to be valid under applicable law; but is any
provision of any of the foregoing shall be invalid or prohibited under said applicable law, such
provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating
the remaining provisions of such document.
6. Choice of Law. This Agreement and each and every related document are to be governed and
construed in accordance with the laws of the State of Colorado.
7. Successors. Except as otherwise provided herein,the provisions and covenants contained herein
shall inure to and be binding upon the heirs, successors and assigns of the parties.
8. Section Headings. Paragraph or section heading within this Agreement are inserted solely for
convenience of reference, and are not intended to, and shall not govern, limit or aid in the
construction of any terms or provisions contained herein.
9. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this
Agreement shall be valid against any party hereto except on the basis of a written instrument
executed by the parties to this Agreement. However,the party for whose benefit a condition is
2
inserted herein shall have the unilateral right to waive such condition, provided that such waiver
is in writing.
10. Gender and Number. Whenever the context so requires herein,the neuter gender shall include
any or all genders and vice versa and the use of the singular shall include the plural and vice
versa.
11. Personal Liability. The Declarant agrees that he or she shall be personally liable for any of the
transactions contemplated herein.
12. Further Actions. The parties to this Agreement agree to execute such further documents and take
such further actions as may be reasonably required to carry out the provisions and intent of this
Agreement or any agreement or document relating hereto or entered into in connection herewith.
13. Modifications. The parties to this Agreement agree that any modifications of this Agreement
shall be effective only when made by writings signed by both parties and recorded with the Clerk
and Recorded of Pitkin County, Colorado. Notwithstanding the foregoing, the County reserves
the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose
and intent of this Agreement, and where such unilateral action does not materially impair the
Declarant's rights under this Agreement.
-th
IN WITNESS WHEREOF, these Protective Covenants are executed this 10 day of
2019.
Signatures on the following page
3
JEANNE C. DOREM;JS—Th
By:
ANDREW i. ORE US
By: _A A.A
STATE OF COLORADO
)ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this I 0 day of NI , 2019,
by akt.q. 1,4,Y'4 /1I 6-1JbKill - AMA 4 •
JORDAN N.OBERHOLTZER
NOTARY PUBLIC
WITNESS my hand and official seal, STATE OF COLORADO
NOTARY ID 20174047576
MY 0044M1SSION EXPIRES 140YRCER 16,2021
My commission expires: I IL91 //')
No# Public
ACCEPTED by the Community Development Director this i30- day of , 2019, pursuant
to Board of County Commissioners Resolution No. 141-2018
1/U/lit—t ii---
Suzoine Wolff, Assistant Director
APPROVED AS TO FORM
Richard Y. Neiley, Assistant County Attorney
4
CONTRACT
# jiLZ.2.42A-220 .
GMQS COVENANT:
PROTECTIVE COVENANT IN ASSOCIATION WITH THE PITKIN COUNTY 2016
AND 2017 RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM FOR A 5,750
SQUARE FOOT ALLOTMENT AWARDED TO DOREMUS SUBDIVISION/PUD LOT 2
FOR AN URBAN AREA NEW LOT AND 800 SQUARE FEET OF ADDITIONAL
FLOOR AREA AWARDED TO THE DOREMUS SUBDIVISON/PUD LOT 1 IN THE
GROWTH MANAGEMENT QUOTA SYSTEM COMPETITION FOR FLOOR AREA
(DOREMUS SUBDIVISION/PUD LOT 1 AND LOT 2 PREVIOUSLY KNOWN AS THE
BALDWIN TRACT)
These Protective Covenants (the"Covenants") are made on this c "day of c(,,, , ,
2019,by JEANNE AND ANDREW DOREMUS.
RECITALS
A. JEANNE AND ANDREW DOREMUS (the"Owner") are the owner of Lot 1 and Lot
2 Doremus Subdivision/PUD, according to the Plat recorded in Plat Book OS at Page 0'�y Pitkin
County, Colorado (hereinafter"the Property").
B. Owner submitted an Application (the"Application") in September 2016 to split an
existing lot which was developed with one single family residence in to two lots and to obtain an
allotment in the 2016 Residential Growth Management Quota System (GMQS) Competition
(Urban Growth Boundary)for a development allotment with up to 5,750 square feet of floor area
for a new single family home on the newly created lot. A second GMQS Application on January
15,2017 requested a second GMQS allotment in the 2017 GMQS competition for 800 square
feet of floor area for the existing carport on Lot 1 which initially was built without permits. In
order to preserve open space and vary setbacks and lot size, the Applicant also requested Planned
Unit Development approval.
C. The Pitkin County Board of County Commissioners(BOCC) granted a growth
management allotment of 5,750 square feet of gross floor area for a single family residence on
the newly subdivided lot(Doremus Subdivision Lot 2)pursuant to Resolution No. 03-2017. The
BOCC further granted a GMQS floor area allotment of 800 square feet for the existing carport on
Lot 1 of the Doremus Subdivision/PUD pursuant to Resolution No. 32-2017.
D. The BOCC approved rezoning the Doremus properties with a PUD overlay,pursuant
to Ordinance No. 13-2017.
E. The BOCC considered the proposed application on first reading at a duly noticed
public hearing on February 8, 2017 and on second reading on March 6,2017.
F. The Board of County Commissioners of Pitkin County approved the Doremus
Subdivision Conceptual Subdivision, Activity Envelope Review and Planned Unit Development
pursuant to Resolution No. 018-2017 on March 8, 2017 (Reception No. 637852).
1111111011111111111111111111111011110 I III 11111 11111 111111111 liii III
RECEPTION#: 656551, R: $0.00, D: $0.00
DOC CODE: COVENANTS
Pg 1 of 6,06/11/2019 at 02:41:50 PM
Janice K. Vos Caudill, Pitkin County, CO
G. There are two covenants required by the Doremus GMQS approvals to document the
conditions of approval. This covenant includes the conditions and commitments for both
approvals in one covenant.
First, the covenant required in Resolution No. 018-2017 Item 5 C on page 2, states that
concurrent with the recordation of the Final Plan, the Applicant shall record:
"A covenant memorializing the commitments made in the 2016 GMQS application. The
above referenced covenant shall be reviewed and approved by the Community Development
Department prior to recording."
Second, as required in Resolution No. 32-2017 allocating 2017 Urban Area GMQS
Allotments for Additional Floor Area, Item 1 in the resolution recitals, states that the additional
floor area allotment is conditioned upon the recordation of a covenant documenting the
representations made in the application for the additional square footage. This covenant shall be
reviewed and approved by the Community Development Department and recorded against the
property, prior to issuance of a building permit to utilize the awarded floor area.
This covenant is submitted prior to recordation of the Final Plat as required by the GMQS
condition for the awarded allotment for a new lot and prior to the issuance of a building permit to
utilize the awarded GMQS additional floor area. This covenant therefore meets both conditions
of approval regarding a covenant to document commitments made in the GMQS process.
NOW THEREFORE, the residential allocation of the 2016 Urban Growth Boundary
Residential GMQS allotment for the new Lot 2 in the Doremus Subdivision/PUD provided for in
Resolution No. 03-2017 and the GMQS allocation of additional floor area for Doremus
Subdivision/PUD Lot 1 provided for in Resolution No. 032-2017 is conditioned upon the
following which details the representations and commitments made in the GMQS Application,
and recognized by the BOCC through the award of points:
1. GENERAL REQUIREMENTS:
1.1 In addition to Resolution No. 03-2017 and Resolution No. 32-2017 granting GMQS
allotments, the Property is currently bound by the terms of the following documents and
approvals (collectively, the "Underlying Approvals") and the Owner acknowledges and agrees
that, in addition to the matters provided for elsewhere herein regarding the representations made
in the GMQS Application, the Owner will comply with all of the terms and conditions of the
Underlying Approvals:
(a) Resolution No. 018-2017 of the Pitkin County Board of County Commissioners
recorded March 8, 2017 in at Reception No. 637852, Pitkin County, Colorado;
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(b) BOCC Ordinance No. 13-2017 approving the rezoning of the Doremus properties
with a PUD overlay;
(c) Resolution No. 11-2018 of the Planning and Zoning Commission County
Commissioners of Pitkin County, Colorado recommending approval to the Board of County
Commissioners of the Doremus Subdivision/PUD Detailed Submission and Final Plat, Activity
Envelope and Site Plan Review recorded at Reception No.11-2018;
(d) Resolution No. 141-2018 of the Board of County Commissioners of Pitkin
County, Colorado granting approval to the Doremus Subdivision/PUD Detailed Submission and
Final Plat, Activity Envelope and Site Plan Review; and
(e) Final Plat of the Doremus Subdivision/PUD recorded 6/ii/Pfq in Book
at Page Qtly , Pitkin County, Colorado;
2. GMQS Commitments
2.1. The Applicant will contribute $15,000 to the Aspen Fire Protection District prior to
the issuance of a building permit for the new house on Lot 2 so the District can acquire a side by
side ATV to serve the neighborhood and improve fire protection.
2.2 The Applicant will contribute $5,000 to the Aspen School District (ASD) prior to the
issuance of a building permit for the new house on Lot 2 for transportation planning assistance
for on-going traffic studies or other transportation planning or to help fund the ASD bus system.
2.3 The Applicant will donate $8,000 to the City of Aspen Parks Department prior to the
issuance of a building permit for the new house on Lot 2 to make improvements to the trail
system which accesses Maroon Creek and the trail along the Creek.
2.4 Based upon the proportionality standard of the Land Use Code, the Applicant will
contribute approximately 13.9% of the above fees (the fee commitments for the 5,750 gross floor
area GMQS allotment) to meet the commitment of the second, 800 square foot floor area
allotment to accommodate the existing carport on the Doremus property. (The existing
greenhouse is exempt from floor area requirements.) Therefore, the Applicant will contribute an
additional $2,100 to the Aspen Fire Protection District; an additional $1,000 to the Aspen School
District (20% of the previous $5,000 fee, higher than 13.9%); and will donate an additional
$1,200 to the City of Aspen Parks Department for trail system improvements. These donations
shall be made prior to the issuance of a building permit for the carport.
2.5 The total contribution by the Applicant will therefore be $17,100 to the Aspen Fire
Protection District, $6,000 to the Aspen School District and $9,200 to the City of Aspen for trail
improvements.
•
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3. MISCELLANEOUS
3.1 Recordation. Once fully executed, this Covenant shall be recorded in the Office of
the Pitkin County Clerk and Recorder.
3.2 Notices. Notices to the parties shall be sent by United States certified mail to the
addresses set forth below or to any other address which the parties may substitute in writing:
To the Owner: Jeanne and Andrew Doremus
85 Glen Garry Drive
Aspen, CO. 81611
970 948-3331
To Pitkin County: Pitkin County Manager
ssi r, c ic€r, c_cqn
530 East Main Street
Aspen, Colorado 81611
With a copy to: Pitkin County Attorney
e(.44 CV e i[--11-1 rc-0 LA.vtl-1) •c_t3
530 East Main Street, Third Floor p
Aspen, Colorado 81611
3.3 Binding Effect. The provisions of this Covenant shall run with and constitute a
burden on the Property and shall be binding on and inure to the benefit of the Owner of the
Property from time to time, and such Owner's heirs, successors, personal representatives, and
assigns, and Pitkin County, its successors, personal representatives, and assigns.
3.4 Amendment. This Covenant may be amended only by written instrument executed by
the parties, upon approval by the Pitkin County Community Development Director.
3.5 Severability. If any of the provisions of this Covenant are determined to be invalid, it
shall not affect the validity of the remaining provisions hereof.
3.6 Non-Waiver. Any failure to enforce a requirement of the Covenant shall not
constitute a waiver of the right to enforce any other requirement, and shall not constitute a waiver
of the right to any further enforcement of any requirement of this Covenant.
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OWNER:
JEANNE C DOREMUS
diti `-/')
3
AND' 4 J. DORS
/l ii ��
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
Acknowledged before me this iU day of itilt1 , 20A by
WITNESS my hand and official seal.
My commission expires: r` J w/ l el
JORDAN N.O TZER Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY D 201740447576
mySON EXPIRES N041B�6ER 16.2021
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ACCEPTED by the Community Development Director this 131- day of KO '] , 2019, pursuant to
Board of County Commissioners Ordinance No. 032-2017: J
Gar -h42-49kCi—
Sunahne Wolff, Assistant Diector
APPROVED AS TO FORM
4 hi
Richard . Neiley, Assistant County Attorney