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Home My WebLink Aboutrather.detailed.sub.final.platSECOND READING ON RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE RATHER SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT MEMORANDUM TO: Board of County Commissioners THROUGH: Cindy Houbefi';-Cbmmunity Development Director FROM: Lance Clark~;~?Assistant Director, Community Development RE: Rather Subdivision Detailed Submission and Final Plat, 2nd Reading DATE: June 11, 2003 SUMMARY OF REQUEST: The Applicant is requesting detailed subdivision and final plat approval to create a legally subdivided lot in Pitkin County. Approximately 13.19 acres of the property are within Eagle County and approximately 14.68 acres of the subject property are within Pitkin County. The Applicant has received 1041 Hazard Review approval to establish a primary building envelope around the existing residence and an agricultural building envelope in order to relocate an agricultural buildingcurrently located to the north of the primary residence, on the Eagle County side, onto the subject property. APPLICANT: Ray and Maxine Rather REPRESENTATIVE: Doug Pratte, The Land Studio, Inc. LOCATION: The property is addressed as 2707 Emma Road. The property is located south of El Jebel. Emma Road borders the subject property along the southern edge, while Hooks Lane borders the westen~ edge of the property. ZONING/LOT SIZE: The property is zoned AFR-10. The property contains approximately 27 acres. Of the 27 acres, 14.68 acres are within Pitkin County, which is a conforming lot. PROCESS: This is the final step of a four- step review process. The process has consisted of Conceptual Subdivision review, and a combined Detailed Submission and Final Plat. The Planning and Zoning Commission reviewed the conceptual subdivision proposal on July 2, 2002, and recommended approval by a 4-0 vote. The BOCC reviewed and approved the conceptual subdivision proposal on lst Reading September 11, 2002, and on 2nd reading on September 25, 2002. The Applicant requested that they be permitted to submit for detailed subdivision and final plat approval in the same application. The BOCC approved this request. The Applicant has now submitted for detailed subdivision and final plat approval. The P&Z considered the application on April 8, 2003, and recommended approval by a 5-0 vote. The BOCC considered the final plat application at 1s~ Reading and Public Hearing on May 28, 2003, and approved it by a 3-1 vote, Ireland against. PROPOSED PROJECT: The Applicant owns approximately 27 acres in Eagle and Pitkin Counties combined. Approximately 13 acres are within Eagle County and 15 acres are within Pitkin County. The purpose of the subdivision is to create a legally subdivided lot in Pitkin County. The Applicant is currently in the process of subdividing the 13 acres in Eagle County in to two lots, The Applicant is proposing to establish a primary building envelope of approximately 40,000 s.f. around Rather Subdivision, Detailed Submission, And Final Plat BOCC May 28, 2003 Page 2 the existing improvements: primary residence, pond, and outbuildings. The Applicant is also proposing to establish an agricultural building envelope of approximately 18,000 s.f. STAFF ANALYSIS: The Applicant has responded to all code requirements for detailed submission and final plat and to all conditions of the conceptual approval (BOCC Res. rtl91-2002) for which action was required prior to submission for detailed subdivision consideration. STAFF'S RECOMMENDATION: Staffand the P&Z recommend that the BOCC adopt a motion approving the Rather Detailed Subdivision and Final Plat on 2nd Reading, subject to the attached Resolution. ATTACHMENTS: 1. Draft Final Plat Reso. Laneec/cases/ratherdetfinalboccmemo2nd reading.doc RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE RATHER SUBDMSION DETAILED SUBMISSION AND FINAL PLAT Resolution No. -2003 RECITALS Ray and Maxine Rather ("Applicants") have applied to the Boa~l of County Commissioners of Pitkin County, Colorado ("BOCC') to subdivide approximately 15 acres in Pitkin County from their 27 acre parcel that spans Pitkin and Eagle Counties. 2. Said parcel is located at 2707 Emma Road and is more specifically described in Exhibit A. 3. The property is zoned AFR-10, and the parcel to be subdivided is conforming in size. 4. The Bocc granted Conceptual Subdivision/PUD approval, pursuant to Resolution No. 191-2002. 5. The Planning and Zoning Commission reviewed the application ata regular meeting on April 8, 2003, and recommended approval by a vote of 5-0. 6. The BOCC heard this application at a duly noticed public hearing on May 28, 2003, and a public meeting on Juue 11, 2003, at which time evidence and testimony were presented with respect to the application. 7. The BOCC finds that the application is generally consistent with tbe applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC tbat it does hereby approve the Rather Subdivision Detailed Submission and Final Plat, subject to the following conditions, which shall run with the land and be binding on all successors in interest, and all conditions of Resolution No. 191-2002, except as mnended below: 1. The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36 inches in size with a 1 1/2 inch margin on the left side and a 1/2 inch margin on the other sides, and drawn to scale which is not less than 1 inch = 100 feet, and shall otherwise comply with tle provisions of Section 5-40-020 oftbe Land Use Code. The Final Plat shall also be submitted in digital format acceptable to the Community Development Department for incorporation into the GIS system. 2. Prior to recordation of the Final Plat, the Applicmt shall: A. Submit the amended Covenants and Design Guidelh~es for review and approval by the Community Development Department and the County Attorney for form and compliance with the development approval. 3. The Applicant shall amend the Final Plat as follows, prior to recordation: A. Delineate an access envelope. B. A plat note shall be added stating that there will be only one access allowed. Re}olution No. -2003 Page 2 4. The Protective Covenants and Design Guidelines shall be amended by adding language to clarify that additional Pitkin County requirements, restrictions, and conditions of approval are applicable. 5. Statutory vested rights for the 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on ,2006. 6. The Applicant shall comply with all material representations made in the application and in public meetings and hearings. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 26th day of April, 2003. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 28°~ day of'May, 2003. APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on file 1 lth day of June, 2003. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the __ day of , 2003. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By ATTEST: Jack Hatfield, Chairman Date Lyndee R. Demi Clerk to the BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy 14~uben7 County Attorney Community Development Director Case #P011-03 PID #246511300009 Lancec/cases/rather detailedfinal bocc reso.doc , ~