Loading...
HomeMy WebLinkAboutbocc.res.065.1974 RESOLUTION BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO NO. 74-~ OF WHEREAS, Aspen Law Center Inc. has applied for pre- liminary plat and subdivision approval, and outline development plan PUD approval for its Phase II condominium and law center development consisting of 24 residential units, 3 employee units, 3 faculty housing units, and commissary cafeteria and headquarters facilities, subject to certain conditions, and WHEREAS, the densities are in conformity to existing zoning, and WHEREAS, the applicant has entered into a Subdivision Improvement Agreement, a copy of which is attached hereto and incorporated herein by reference, that includes all conditions sought by the Planning and Zoning Commission, and by this Board, including as to incorporating all of its property into the application; providing pathways;.providing a land or cash dedication as set forth in the subdivision regulations, and the like, NOW, THEREFORE, BE IT RESOLVED that preliminary plat subdivision approval and outline development plan PUD approval be and is hereby granted, all as according to the plat on at the office of the Pitkin County Building Inspector. Dated: i~[~ ~ Attest: N±na Johnston, Deputy Clerk file BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ~ SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made and entered into effective July 8, [974, by and between ASPEN LAW CENTER, INC., a Colorado corporation (ALC) and PITKIN COUNTY, Colorado (County) acting by and through its Board of County Commissioners, WI TNE S S E TH Recitals 1.1 ALC has filed an application for Subdivision %pproval and Planned Unit Development relating to a portion of Faraway Ranch, Aspen Law Center, more fully described in Exhibit A, attached hereto. The property encompassed by the present PUD ~utline development plan and preliminary subdivision plat approval is all of the property owned by ALC. 1.2 In April, 1974 the Pitkin County Planning and Zonin Commission (p and Z) recommended and the Pitkin County Commissioner approved the sketch plan of ALC for Phase 2 of ALC development ject to ten enumerated conditions. A copy of the P and Z resolu- I~tion is attached hereto as Exhibit B and is incorporated herein by reference. H 1.3 After the sketch plan approval, ALC was advls "tha ' ' ed t it must go through a Planned Unit Development approval to include the proposed Commissary use and the limited parking which would be required to meet the condition approved by the Commission- ers to limit auto usage within the subdivision contrary to existinc zoning requirements. 1.4 ALC responded to the requirement that it file for Planned Unit Development by meeting the requirement of County in this respect. 1.5 On July 5, 1974 the Planning and Zoning Commission recommended to the Pitkin County Board of Commissioners subdivisior preliminary plat approval and PUD outline development plan approval requesting the following conditions: Staff receipt of the State Geologists approval of the site plan and the drainage plan before preliminary plat approval. 1.6 The Board of County Commissioners acting upon the recommendation of the County Planning and Zoning Commission and as a condition of its approval of the ALC Subdivision and Planned Unit Development requires that ALC do the things set forth in Section II of this agreement. A landscape plan for the site, including reloca- tion of the existing log barn, to be approved of by inspection, prior to final plat approval. Thi~ log barn does not have now, nor will it have afte~ relocation, sewer and water connections. II. Basic Agreement 2.1 ALC agrees to enter into a legally constituted mprovement district for Brush Creek Road when and if such an improvement district is formed. 2.2 ALC agrees to dedicate to the County at Final Plat )royal such public pedestrian and equestrian pathway easements as ire reasonably required by the Pitkin County Planning and Zoning on. ALC hereby covenants that it, its successors and [ssigns, and the condominium association of unit owners in ALC's II, shall construct and maintain such pathways at their own ~xpense and such obligation shall run with the land. 2.3 ALC agrees to comply with the revegetation plan )roved by the Soil Conservation Service and to provide for the ary construction precautions to ensure soil stability and )rotect against erosion and pollution. The estimated cost of the ~evegetation is $3,600.00. 2.4 ALC agrees to comply with the drainage plan for the ~ntire development and for the individual sites ensuring soil sta- bility and run-off management as prescribed by Wright-McLaughlin approved by the Office of the State Geologist. The estimated of the compliance on the subject site is $2,000.00. 2.5 ALC agrees to the placement of a bus stop as rec- ~ommended by the Aspen School District at an approximate cost of 31,000.00. 2.6 ALC accepts as a condition for the granting of a )uilding permit to build the subdivision or planned units the post- _ng of a surety satisfactory to the County to ensure the perform- Lnce of the obligations contained in paragraphs 2.3, 2.4 and 2.5 2.7 ALC agrees to build the buildings where shown in khe fully engineered site plan submitted with the application for ~ubdivision preliminary plat and outline development plan PUD ~roval. 2.8 ALC agrees that the County shall have the option )f requiring a 5% land dedication of, in addition to the pathways ~et forth in paragraph 2.2 above, land lying generally underneath Benedict Ski Bridge and northerly of Brush Creek Road; or, on other hand, cash equivalent to 20% of the assessed valuation Df all the property as described in Exhibit A. Such option shall )e exercised prior to final plat approval application to the Board )f County Commissioners. In the event the County elects to take 2he cash option, ALC's obligation under paragraph 2.2 remains the ~ame. If the cash option is elected, the monies shall be used for Lmprovements and the like in the general service area of the sub- tivision. f 2.9 It is understood that ALC proposes to seek to sub- ivide and amend its PUD at some later time with regard to the ortion of its property lying generally westerly of Phase II as hown on the preliminary plat. It is specifically understood and ~ccepted by ALC that the County has promised no approval or any )ther specific action with regard to such resubdivision and PUD ~mendment, if any, and that the County is free to act upon such ~uture applications under then-existing and applicable legal zoning ~nd subdivision standards. It is understood by the parties that the nclusion of the westerly portion of the applicant's land in this PI nd subdivision application is for the purpose of complying with the ~ubdivision and zoning regulations, and not for the purpose of desig ~ating that portion of the property as permanent open space. - 2 2.10 The conditions expressed in~e letter from P and to the Board dated July 5, 1974, a copy of which is attached lereto as Exhibit C, are expressly incorporated herein by reference substantial departure therefrom shall be permitted without the ~rior approval of P and Z. 2.11 ALC shall work with the county engineer and build- ng department to provide a safe intersection at Brush Creek Road. 2.12 ALC waives any claim it may now or hereafter have 'ainst the County arising out of the published notice for outline development plan approval. III. Miscellaneous 3.1 Binding Effects. This Agreement shall extend to ar ~e binding upon ALC's successors and assigns. 3.2 Section Headings. The section and paragraph head- employed he~in are for convenience of reference only and sha in no wise be construed as enlarging or proscribing the meaning of any portion of this Agreement. 3.3 Notice. Any notice which either party or its agents ~r attorneys desires to give shall be in writing and deposited wi the United States Postal Service, certified mail postage prepaid, and addressed as follows: ' Aspen Law Center, Inc. P.O. Box 5628, West Village Aspen, Colorado 81615 Pitkin County Administrator P.O. Box 4096 Aspen, Colorado 81611 The date of certification shall be the )f the notice. effective date 3.4 Amendment. This Agreement may be amended in writi~ Dnly and such amendment shall be executed by each of the parties before becoming effective. ~ ~ Executed at Aspen, /IAsS~stant Secr~t ary II , , Dated: ~ c[~Nin~J6~s~on, Deputy Clerk - 3 - Colorado. ASPEN LAW CENTER, INC. esident~ PITKIN COUNTY, COLORADO BY ITS BOARD OF COUNTY COS~4ISSIONERS EXHIBIT "A" Parcel I: A parcel of land in T~act 42, Section i, Township 10 South, Range 86 'West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: · Beginning at a point whence Corner 3 of said Tract 42 bears South 89°09'13'' West, 1261.03 feet; thence North 00008,00'` East, 299.51 feet; thence North 56°46'20,, East 274.59 feet; thence South 65o58,12,, East 217.18 feet; thence South 25o55,30,, East 359.53 feet; thence along the Northerly right of way line of Brush Creek County Road, South 74o59,17'' West, 121.94 feet; thence along the Northerly right of way line of Brush Creek County Road, 236.00 feet along a curve to the left having a radius of 1951~70 feet; thence along the Northerly right of way line of Brush Creek County Road, South 68003,36'' West, 23.30 feet; thence North 70~59,00. West, 235.74 feet, to the Point of Beginning. Parcel II: That part of Tracts 42 and 45 of Section One, Township 10 South, Range 86 West of the 6th P.M., aCcording to the Supplemental Plat for said Township and Range approved on May 9, 1933, described as follows: Beginning at the Northwest Corner of property described in Book 245 at Page 713 of the Pitkin County Records, from whence A.P. 1 (the Northeast Corner) of said Tract 42 bears North 56o19,14,, East 1684.48 feet, more or less; thence South 0o08,00-West 299.51 feet: thence South 70o59,00,, East 235.74 feet, more or less, to the Northerly right of way line of County Road as described'in Book 252 at Page 328: thence along said right of way line as follows: 290.09 feet; South 68~03,36,, West thence continuing along said right of way line along a curve to the right having a radius of 689.26 feet (·the cord of which bears South 75017,44'' West 173.62 feet) an arc distance of 174.29 feet to an angle point in the Boundary of property described in Book 252 at Page 626; thence ~long said Boundary North 47o51,00- Wes~ 180.5 feet, North 65028'00" West 13.78 feet; and North 89o35,00'' West 10 feet~ thence North 126.87 feet; thence North 53o28,55`' East 462.14 feet, more or less, to the point of beginning. EXHIBIT "A" Reception No. 166898 Peggy E. Miklich, Recorder' PITKIN COUNTY PLAN~ING AND ZONING COMMISSION RESOLUTION ASPEN LAW CENTER SUBDIVISION SKETCH PLAN WHEREAS, Aspen Law Center has submitted a subdivision sketch plan for an extension of their tourist condominium, conference center development on Brush Creek Road at Snowmass at, Aspen, and WHEREAS, a sketch plan for Aspen Law Center, consisting of 96 additional dwelling units and non residential facilities in t~,o phases was originally submitted to the Pitkin County Planning and Zoning Commission on December 3, 1973, and WHEREAS, said sketch plan was tabled by the Co~mmisslon pending further information pertaining to geologic constraints of the site, and requesting a proposal · zith less impact on overburdened public facilities than t~at which would occur as a result of said development in conjunction with other applications for large ~cale develop- ments in the coumty, and WHEREAS, a sketch plan was submitted by Aspen Mw Center, consisting of 24 condominium units, 3 c~mployee housing units, 3 faculty housing umits, a commissary, cafeteria and headquarters facilities, and WHEREAS, the Pitkin County Planning and Zoning Commission has reviewed said sketch plan for its conformity %;ith the submission requirements of the Pitkim County Sub- di%~is ion Regulation, · 'NOW THEREFORE. BE II RESOLVED, that the Pitkin Cotmty Planning and Zoning Commission recommends approval of said sketch plan of the entire ownership consisting of ASPEN LAW CENTER IV[Sl9.~ 24 condominium units, 3 employee housing units, 3 faculty housing units+ subject to the preliminary plat consideration: An on site inspection by the Planning and Zoning Commission. 2. A fully engineered site plan for in- dividual buildings and for the site as a whole, which has been approved by the office of the State Geologist. 3. A plan to prevent erosion during consTruc- tion and to protect Brush Creek from pollution during the period of disturbance caused byconstruction. 4. A revege=ation plan to ensure soil stability a commissary cafeteria and headquarters facilities, following conditions to be satisfied at the time of erosion and pollhtion Soil Conservation the entire develop- and protect against and approved by the Service. A drainage plan for merit and for individual sites ensuring soil stability and run off management satisfactory to Wright/McLaughlin and approved by the office of the State Geologist. Placement of a bus stop as recommended by the Aspen School District. Dedication of easements for public pedestrian and equestrian paths along trails and private roads. A plan for the consideration of the Planning and Zoning Co~ission, worked out in consul- tation with the Planning Office, =o limit the use of private automobiles on the site and minimize the need for their use by residents of the development on public roads and highway. PAGE CENTER SUBDIVISION SKETCH PLAN oo 288 10. Agreement to e~ter into a future improve- ment district for Brush Creek-Road. Submission of typical floor plan showing the number of bedrooms in dwelling units and layout of non residential uses, acceptable to the Planning and Zoning Com~ssion. PITK[N COUNTY PLANNING COMMISSION DATED TH I S , (7'~ DAY OF ~