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Home My WebLink Aboutbocc.res.054.2020RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 1PffE3N COUNTY, COLORADO, D NMG THE 1900 SNOWMASS LLC REQUEST TO AiN END RESOLVI 100 NO. 81-2002 AND Tf E ASSOCIATED GMQS COVENANT TO INCREASE THE MAXIMUM FLOOR AREA Resolution No. ?5 -2420 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Horne Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. 1900 Snowrnass LLC ("Applicant"'), has applied to the Board of County Commissioners of Pitkin County, ("BOCC'), pursuant to Section 2-20-150(c & e) of the Pitkin County Land Use Code ("Codc'% to amend Resolution 81-2002 and the associated GMQS Covenant to remove the Condition No. 5 in the GMQS Covenant which limits the floor area allowed on the lot to 8,250 square feet in order to increase the maximum floor area allowed to 15,000 square feet. 3. The lot is located at 1902 5nowmass Creek Road and is more specifically described as Parcel 1, Twin Creeks Ranch Subdivision_ 4. The lot contains approximately 24.347 acres and is noir-conforming in size in the RS -30 zone district. 5. In 1948, pursuant to BOCC Resolution No. 98-244, the Oh -be -Joyful Acres Subdivision/Twin Creeks Ranch Major Plat Amendment, Lot Line Adjustments, 1.041 Hazard Review and Conceptual Submission, and Special Review and GMQS Exemption for a TDR Receiver Site was approved and the subject lot was created. Resolution No. 98-244 was subsequently amended by BOCC Resolution No. 99-142, and Administrative. Decision Nos. 99-71; 99-74, and 56-2001. These subsequent approvals granted Special Review approval for a detached CDU and a Minor Amendmezit to amend and expand the Building Envelope; a Minor Amendment to a Development to relocate the barn and CDU Building Envelope, and approval of certain development activities outside of the Building Envelopes including landscaping and pond improvements. The 1041 Site flan was recorded in Plat Boole 50 at Page 27; the revised Site Plan depicting the relocated barn envelope was recorded iii Plat Book 52 at page 28. The CDU Deed restriction was recorded as Reception No. 439215. 6, lit 1999, one TDR was landed on the parcel to establish the development right and an initial 5,000 square feet of floor area. A building permit was issued for a bam containing a CDU. During construction of the barn, the County detenuined that the turn was not intended for a qualifying agricultural purposes and therefore was not a "barn" as defined in the Laad Use Code. The owner of the parcel, the Bankceoter One Partnership, applied to the BOCC for Special Review approval to utilize one additional TDR to develop up to 7,500 square feet. Pursuant to Resolution No. 22-2002, the BOCC granted the Special Review and GMQS Exemption to utilize an additional TDR to develop up to 7,500 square feet_ Page d of 3 1111111111111111111111111111111111111111111111111111111111111111{III RECEPTION#: 665229, R. $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 0611712020 at 01:08:00 PM Janice K. llos Caudill, Pitkin County, CO 7. In 2002, instead of submitting a TDR, the owner opted to instead submit a GMQS application requesting 3,250 square feet of additional floor area in order to develop up to 8,250 square feet. 8. On April 2, 2002, and April 9, 2002 the Planning and Zoning Commission held a duly notice public hearing at which time evidence and testimony was .presented with respect to twelve GMQS applications. The Commission gave the Bankeenter One Partnership a score of 57.5 points which ranked it 4th and higli enough to make them eligible for the full 3,250 square feet that they requested.. The GMQS Covenant detailing the representations made in the application for the additional square footage was recorded as Reception No. 486410. 9. In 2007, an Occupancy Covenant and Agreement for an Agricultural Building is recorded as Reception No. 535629 was recorded allowing for a 960 square foot agricultural building except from floor area. 10. In 2009, pursuant to Administrative Decision No. 30-2009, a Minor Amendment to a Development Permit to established an Activity Envelope between the building envelope and the barn envelope was granted. The Administrative Decision also eliminated two of the conditions in the GMQS Covenant which were the requirement to take no action to restrict the use of historic access through the adjoining property for emergency purposes, and the prohibition of paving the driveway. It was found that the prosed changes to the GMQS Covenant would not have changed the scoring of the application or the granting of the allotruertt for additional floor area. 11. The BOCC heard this application at a duly noticed public hearing on June I0", 2020 at which time evidence and testimony were presented with respect to this application_ l,2_ The BOCC finds that within the Bankeenter One Partnership 2002 Rural. Area GMQS Competition application, the Bankeenter One Partnership committed to establishing the: maximum. floor area allowed on the lot at 8,250 square feet. They were awarded points for making that commitment in the Development Below Allowable Intensity Category which directly contributed to their overall score of 57.5 points, their 4' place ranking in the competition, and the granting of an additional 3,250 square feet of floor area. 13.. The BOCC further finds that no decrease in the level of performance on any of the scoring criteria or GMQS commitments contributing to a GMQS allotment may be made after an allotment has been granted. 14_ The BOCC further finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, TREREFO.RE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby denies the 1900 Snowinass LLC request to amend Resolution No_ 81-2002 and the associated GMQS Covenant recorded as Reception No. 486410, to eliminate Condition No. 5 which limits the allowed floor area on the lot to 8,250 square feet. NOTICE OF ;PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the day of , 2020. Page 2 of 3 DENIED this 10`" day of June, 2020, ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: Richard Y. Neiley, Assistant County Attorney PID9 246734401001 P092-19 BOARD OF COUNTY COMMISISONERS OF PITKIN COUNTY, COLORADO By VE.Tn F. LUU Steven F. Child, Chair Date (a —16 ' -,;�o APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Pages 3 of 3