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Home My WebLink Aboutbocc.res.064.2023RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DETERMINING THAT THE REDSTONE PASTURE LLC PARCEL IS CONSTRAINED AND GRANTING ONE CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHT (TDR) Resolution No. 064-2023 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the 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. Redstone Pasture LLC, ("Applicant"), has applied to the Pitkin County Board of County Commissioners (BOCC) pursuant to Sections 6-70-40.a.7 and 6-70-40.a.8 of the Land Use Code ("Code") to determine whether the parcel is constrained and visually constrained, and, therefore, eligible for issuance of two Transferable Development Rights (TDR). 3. The parcel contains approximately 68.13 acres and is located and conforming in both the AR-10 and RS-30 zone districts. 4. The parcel is accessed off of Highway 133 and is specifically described in attachment A. 5. The parcel was created in 1939 when Lucille MacDonald, sold approximately 520 acres of her estate to seven local ranchers for the purpose of grazing cattle. Since that time, portions of the original 520 acres have been sold or conveyed. Successors and assigns of the original seven owners still retain approximately 68.13 acres, which is the subject parcel. 6. The parcel continues to be utilized by the Applicant for the grazing of cattle and the pasturing of horses throughout the summer and fall on USFS land in Coal Basin. Cattle are moved through the parcel in the spring to Coal Basin and return through the parcel in the fall. 7. Existing improvements on the parcel include: • Unpaved driveway access from Highway 133 • An unpaved parking and staging area • One loading dock for loading semi -trailers and an alley for loading smaller trailers • Three fenced pastures to facilitate management of cattle and the pasturing of the rancher's horses • One large corral • Seven small pens for pairing cows and calves and sorting cattle in the Fall based on ownership • A shed used for storing tack and feed for horses • An uninhabited mobile home and RV. 8. The property is comprised of one parcel, however due to multiple agricultural owners, separate parcel identification numbers (272917100001, 272917100002, 272917100003, 272917100004, 272917100005, 272917100006, 272917100007, and 272917100021) were previously associated with parcel. Recently, the shared ownership was placed under the entity Redstone Pasture, LLC. VAWYVIfl11V1111AlIII11YI11111ll111111lIN RECEPTION#: 698168, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 10/18/2023 at 11:64:20 AM Ingrid K. Grueter, Pitkin County, CO Resolution No. 064-2023 Page 2 9. The BOCC reviewed the request for a determination as to whether the parcel is undevelopable or severely restricted and/or visually constrained and, whether it would be appropriate to grant one constrained site TDR and one visually constrained site TDR at duly noticed public hearings on February 22, 2023, and August 9, 2023, at which time evidence and testimony were presented with respect to this application. 10. During the February 22, 2023 meeting, the Board directed the Applicant and the Open Space and Trails ("OST") Staff to explore an alternative option for the property in the form of a conservation easement. OST Staff and the Applicant explored that potential, but did not reach an agreement on such an acquisition. 11. The BOCC finds that no location exists on parcel that is not encumbered by a constraint listed in Sec. 7-10-50, and that the parcel is severely restricted due to the presence of steep slopes, the Crystal River floodplain, significant wildlife habitat, and historically irrigated land containing significant agricultural value. 12. The BOCC further finds that pursuant to Sec. 6-70-40.a.7 and Sec. 2-40-30(b)(1) principles of equitable mitigation merit the issuance of one TDR for a constrained site. 13. The BOCC finds that development of the parcel would not severely impact or destroy the Highway 133 Scenic View Protection Area, and, therefore, was not eligible for issuance of one TDR for a visually constrained site. 14. 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 Board of County Commissioners of Pitkin County, Colorado, that it hereby approves the Redstone Pasture LLC request for one constrained site TDR, subject to the following conditions, which shall run with the land and be binding on successors in interest, and authorizes the Chair to sign on behalf of the County. 1. Prior to issuance of the TDR Certificate, the Applicant shall be required to submit a Restrictive Covenant to Community Development for recordation, which shall restrict the Property in perpetuity against any and all future development, as defined in the Land Use Code. 2. Continued use and maintenance of the parcel for agricultural/ ranching purposes is permitted and encouraged. 3. All water rights beneficially used on the parcel shall be encumbered by the Restrictive Covenant. The Applicant shall retain and reserve the right to use any and all water and water rights on the parcel for uses sufficient to maintain the agricultural values of the parcel. The Water Rights or that portion sufficient to maintain and improve the Agricultural use of the Property and shall not transfer, lease, sell, abandon, or otherwise separate the Water Rights from title to the parcel itself. Resolution No. 064-2023 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN DAILY NEWS on the 5th day of January, 2023. ADOPTED ON THE 13th DAY OF SEPTEMBER, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO So" Sam Engen, Clerk to the BOCC B Froutit, ,jacol t,r Y Frances Jacober, Chair Date Oct-17-2023 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Elr S wisuitAnt, UJoiff John Ely County Attorney Pm # 272917100008 Case PLAN_1201.2022 Suzanne Wolff Community Development Director Resolution No. 064-2023 Page 4 ATTACHMENT A LEGAL DESCRIPTION A parcel of land situated in the East One Half of Section 17, Township 10 South, Range 88 West (Attie Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the East Quarter Corner of said Section 17, a brass cap monument found in place; thence S 43°52'00"W. 1379.49 feet too point on the westerly line of Colorado State Highway 133, the True Point of Beginning; thence leaving said westerly lint and along a fence as constructed and in place N 57°57'43" W 375,94 feet; thence leaving said fence N 02°11'09" W 25525 feet, thence N 02°16'45" E 333.03 feet; thence N 04'46'40" W 312.27 feet; thence N I0°25'43" W 199.85 feet, thence N 33'41'52" W 161.07 feet; thence N 2512'23" W 151.16 feet; thence N 04°5O'31" E 101.34 feet; thence N 041'47'20" W 78.83feet, thence N 18°20'26" W 142.14 feet; thence N 53'04' 19" W 220.08 feet; thence N 26°13'53" W 138-19 feet•, thence N 06°51'40- E 1 17.06 feet to a point on the Southerly line of the NW I '4 of the NE.1 f4 of said Sect 1 on 17, thence N 88°03' 18" F. 421.13 feet along said Southerly lint to the So++ihwcst Corner of the NE 1?4 of the NE1 4 of said Section 17; thence N 00°19'I0" W 1362.65 feet along the Westerly line of the NE1/4 of the NEI :4 of said Section 17. to the North Zinc of said Section 17; thence N 90°00'00" E 1097 64 feet along the North line of said Section 17, to the Westerly right of way of Colorado State Highway 8133; thence along the Westerly right of way Inc of said Colorado State Highway 0133, the fol:owing courses and distances: thence S 08°4021" W 278.16 feet; thence S 21'13'2 I" W 170.70 feet; thence S 07°39'S 1" W 1026.00 feet; thence S 08"OS'51" W 172.40 feet; thence S 13°08'39" E 107-10 feet; thence 1964 07 feet long the are of n curve to the right. having a radius of 11,400.00 feet. a central angle of09'52' 17", chord bears 13°58' I0" W 1961.65 feet, to the True Pont of Beginning