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HomeMy WebLinkAboutbocc.res.070.2003 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE RATHER SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT Resolution No~tg-2003 RECITALS 1. Ray and Maxine Rather ("Applicants") have applied to the Bored 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 June 11,2003, at which time evidence and testimony were presented wih respect to the application. 7. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that 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 amended below: 1. The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36 inches in size with a I 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 tte provisions of Section 5-40-020 of the 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 Applicant shall: A. Submit the amended Covenants and Design Guidelines for review and approval by the Community Development Department and the County Attorney for form and complim~ce 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. p&g~: ,i. of 3 06/26/2e03 12:541:= $ILVI~ ORVIS PITKIN COUNTY CO R ~.~ 0 ~.~ Resolution No. ( ']0 -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 fl~- ,,4 ~' ,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 26t~' day of April, 2003. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 28th day of May, 2003. APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on the 11th day of June, 2003. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the ~' day of ~,~ t. ~ 2003. t BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ATTESt; Jack Hatfield, Chairman j,~~ ~ Date t~ ~o~' ' O..~ Clerk t~ the BOCC I APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, .~ .............. Cind~,~ I4~uber~, ~ Coum'2CA-ftorney Community Development Director Case #P011-03 PID #246511300009 Lancec/cases/rather detailedfinal bocc reso.doc Page: 2 of 3 06/26/2003 /.2:54P SILVI~ D~qVlS PITKIN COUNTY CO R e,00 D 0.00 THAT PART OF TRACT 58 IN TOWNSHIP 8 SOUTH, RANGE 87 W'F~T OF THE 5TH P.M. ACCORDING TO SUPPLE. MENTAL PLAT OF TH~ SURVEY CLAIMS IN SECTIONS 1, 2, 3. 4.9~ I0, 11 AND I2, INDI/Ph'NDENT RF-.SURVEY TOWNSHIP 8 SOUTH. RANGE 87 WF. ST OF THE 5TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWF_.ST CORNER OF SAID TRACT 58; THE.NCE NORTH 89 DEGREES 20 MINUTES EAST ALONG TH]/SOUTH ~ OF SAID TRACT A DISTANCI/OF 1294,26 FEET TO CORH]SR NO. 4 OF SAID TRACT, TI"I~qcE NORTH 88 DEGREF..S 47 IVflIqUTE. S EAST ALONG SAID SOUTH LL~E 90.43 FF..ET; TH]/NCI/ NORTH 12 DEGRI~F.,S 28 MJNUTES WF_.ST 820.45 FEET; THENCE NORTH 89 DEGREES 40 ~ WEST 208.89 FEi/T: T~CE SOUTH 8! DEGREES 35 MINUTES WEST 147.82; THENCE NORTH 65 DEGREES 19 MINUTF..S 44 SL:CONDS WEST 503.79 FEET; TI-I]:.2qcE NORTH 62 DEGREES 24 MINUTES 09 SF:CONDS WEST 4~'L61 FEET, MORE OR LESS, TO A POINT ON TH~ WEST LINE OF SAID TRACT 58 DEGREES WHICH IS 1223.44 FEIST NORTHF. RLY OF SAID SOUTHWEFr CORN]/R: THENCE SOUTH 0 DEGREES 51 MINUTES FAST ALONG SAID WEST LIN1/1223.4'$ FEET TO THE POINT OF BEGINNING. COUNTIES OF PITKIN, AND EAGLE. STATE OF COLORADO. Page: 0 oF 0 6]LyTR DI~IVI$ pITKTN COUNTY CO IR 0,0~ D 0.~ Page: 3 of' 3 06/26/2003 12:54P SlLVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 :i · c';~ ~ ,~ ~:', "- · *;', ~ · ~ ~ .~'*~ ': **' ,~'., , ~:,,,~ ~'~' '-' ,~'