HomeMy WebLinkAboutbocc.ord.006.2024 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE CORRECTION DEED TO AMENDED
AND RESTATED DEED OF CONSERVATION EASEMENT FOR CAPITOL CREEK
RANCH
ORDINANCE NO. 006-2024
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (“BOCC”) of
Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for
carrying into effect or discharging the powers and duties conferred upon such counties by law
and as seems necessary, and;
WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter (“HRC”), the BOCC is
authorized to take official action by Ordinance for certain matters where action is prescribed
pursuant to the Colorado Revised Statutes as amended, and;
WHEREAS, The Voters of Pitkin County and the BOCC established an Open Space and Trails
Fund for the purposes of acquiring, preserving, managing, and maintaining open space and trails
assets and resources, and established an Open Space and Trails Board of Trustees (“OSTB”) to
guide the expenditure of those funds, and
WHEREAS, The Open Space and Trails Program (“OST”) is charged with protecting
agriculture, open space, habitat, scenic view planes, water rights and river access, and
WHEREAS, On July 16, 2003, Capitol Creek Ranch Company conveyed a Conservation
Easement on the southern 740.014 acres of the Property to Aspen Valley Land Trust and Pitkin
County (“Grantees”), recorded in the Pitkin County records on July 17, 2003 at Reception No.
485490 (“South Conservation Easement”), and
WHEREAS, On July 16, 2003, the Capitol Creek Ranch Company also entered into an option
agreement with the County, a memorandum of which was recorded on July 17, 2003 at
Reception No. 485492 in the official records for Pitkin County (“North Option”), to convey a
conservation easement on the northern 740.014 acres, more or less, of the Ranch (the “North
Parcel”), and
WHEREAS, On May 22, 2013, Pitkin County Board of County Commissioners approved and
adopted Resolution 035-2013 approving the Capitol Creek Ranch Amendments to Board of
County Commissioners Resolution No. 190-2002 and Granting Special Review Approval and
GMQS Exemption For Caretaker Dwelling Units, recorded June 5, 2013, at Reception No.
600083 (the “Resolution 035-2013”), and
Ordinance No. 006-2024
WHEREAS, Condition #6 of the Resolution 035-2013 states, “A Caretaker Dwelling Unit
(CDU) is permitted on each of Parcels 1, 2, 3, 5, 6 and 7, with the unit to be attached to the
primary residence, an agricultural structure or the garage. A Caretaker Dwelling Unit is also
permitted on Parcel 4; the existing "grandmother's house" on Parcel 4 may be used as the
detached CDU on that parcel, or a new CDU may be built to replace the "grandmother's house."
The floor area of each CDU shall count towards the 5,000 square feet of residential floor area
allowed on each parcel. Prior to issuance of a building permit for a caretaker dwelling unit, the
Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed
restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed
restriction.” (“Condition 6”), and
WHEREAS, On November 22, 2013, Capitol Creek Ranch Company and Grantees finalized an
Amended and Restated Deed of Conservation Easement, recorded in the Pitkin County land
records on November 27, 2013, at Reception No. 605852, to fulfill the terms of the North
Option, to supersede and replace the South Conservation Easement, and encumber an additional
10.960 acres of property, more or less, located in the southwest portion of the Property (the
“Capitol Creek Ranch Conservation Easement”), and
WHEREAS, Bear at Door, LLC, owners of Parcels 1, 2, 3, 4, and 5, submitted a building permit
which included the construction of a CDU to be attached to an agricultural structure. This was
denied by the Pitkin County Community Development Department because section 3.2.1 of the
Capitol Creek Ranch Conservation Easement states, “…All residences may include a Caretaker
Dwelling Unit (CDU), provided that such CDU is included in the calculation of the total
residential floor area and that the CDU is attached to the residence, except for Lot 4 for which
the existing "grandmothers house", may be used as a detached CDU, not to exceed 1,041 sq ft.”
WHEREAS, The Grantees have reviewed pertinent information regarding the drafting and
acceptance of the Capitol Creek Ranch Conservation Easement and believe the intent of the
parties was to commemorate the CDU language of Condition 6 into section 3.2.1 of the Capitol
Creek Ranch Conservation Easement.
WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens
of Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an ordinance of the Pitkin County Board of County
Commissioners approving the correction deed to the amended and restated deed of conservation
easement for Capitol Creek Ranch and authorizes the Chair or the Chair’s designee to sign the
Ordinance and upon the satisfaction of the County Attorney as to form, execute any other
associated documents necessary to complete this matter.
Ordinance No. 006-2024
INTRODUCED AND FIRST READ ON THE 27TH DAY OF MARCH, 2024 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 10TH DAY OF APRIL 2024.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 28TH DAY OF
MARCH, 2024.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 28TH
DAY OF MARCH 2024.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 10TH DAY OF
APRIL 2024.
POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL
PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 18TH DAY OF APRIL, 2024.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
DAILY NEWS ON THE 18TH DAY OF APRIL, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Sam Engen Greg Poschman, Chair
Clerk to the Board
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
John Ely, County Attorney Jon Peacock, County Manager
Form Revised 01-01-2024
Apr-24-2024