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HomeMy WebLinkAboutbocc.ord.007.2000 1111111111111111111111111111 IIII 1111111 III 11111 IIII IIII 440833 02/24/2000 03:01P ORDINANC DAVIS SILVI 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING A REZONING OF THE BOOHER PROPERTY FROM AFR-10 TO AHP/PUD Ordinance No.2000- 007 RECITALS 1. Ed and Cherie Booher("Applicant")applied to the Board of County Commissioners of Pitkin County,Colorado("BOCC")to rezone their property to AH3/PUD to accommodate a combined affordable housing/free market housing development. 2. The Applicant's parcel is zoned AFR-10 and contains 10+ acres. 3. Said parcel is located at 145 High Country Lane(aka Hoaglund Ranch Road); located north of Mountain West Trees, south and west of the Holland Hills Subdivision, and west of the Morrow property, and is more specifically described in Exhibit A. 4. The Planning and Zoning Commission heard the rezoning request at regularly scheduled meetings on August 4, 1998 and May 4, 1999,and recommended approval by a vote of 2-1. 5. The BOCC reviewed the request for rezoning to AH3/PUD on first reading at a duly noticed public hearing on July 28, 1999. The BOCC was not supportive of the Applicant's proposal to rezone to AH3/PUD, and directed staff to explore other possible affordable housing code amendments. As a result, staff drafted the Affordable Housing Preservation("AHP/PUD")zone district. 6. The BOCC continued its consideration of the proposed rezoning to September 22,November 3,and December 15, 1999,and approved the rezoning to AHP/PUD on first reading on January 12,2000. 7. The BOCC reviewed and approved the rezoning to AHP/PUD on second reading at a public hearing on February 9,2000. 8. The BOCC finds that the rezoning is consistent with the intent of the Affordable Housing Preservation ("AHP/PUD")zone district, in that it will accommodate the preservation of existing housing stock that has historically been affordable to and occupied by permanent residents for continued occupancy by qualified residents of Pitkin County. Ordinance No. 2000-00� 1111111111111111111111111111 IN 1111111 III 111111111 IN ORDINANC DAVIS L Paget — 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 9. The BOCC further finds that the rezoning complies with the applicable criteria of the Land Use Code. NOW,THEREFORE,BE IT ORDAINED by the BOCC that it hereby rezones the Booher property from AFR-10 to AHP/PUD, subject to the rezoning being effective upon the approval and recordation of the Final Plat for the Booher Subdivision/PUD. INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING AT A REGULAR MEETING on the 12th day of January, 2000. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 29th day of January,2000. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING on the 9th day of February,2000. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the qt day of e vvkyV 2000. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS, CONTINGENT UPON RECORDATION OF THE FINAL PLAT FOR THE BOOHER SUBDIVISION/PUD. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO ATTEST: Shellie Roy per, Chair Date Z Z z o 0 0 Lynd5Vk. Dean,Clerk to the BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely,Cou omey Cindy Houben, Community Development Director PID#246720100002 Case 4P103-97 A parcel of land situated in Tract No. 55 and Tract No. 64 in Sections 17, 20 arx 21 in Township 8 South, Range 86 West of the 6th Principal Meridian, lying Westerly of the Center line of a 30 foot lane or roadway described as follows: Beginning at a point on the Northeasterly right-of-way of State highway No. 82, said point being on the Westerly line of said lane, whence Angle Point No. 4 of Tract No. 53 in sa' •Section 17 bears North 06°5410711 Sast, 2,678.47 feel; thence 38-01'0O" EAE, 373.23 feet along the Weste;.' ._: line of said lane; theme North 45°16'00" West 128.40 feet; thence North 38°38'00" East, 157.19 feet to a point on the Southerly line of a ditch as constructed and in place; thence North 51"11'00" West, 183.13 feet along the Southerly line of said ditch; thence North 3801110O" West, 255.00 feet along the Southerly line of said ditch; thence North 51-20006" West, 117.72 feet along the Southerly line of said ditch; thence North 71048'00" West, 79.00 feet along the Southerly line of said ditch; thence North 52°45'00" West, 125.24 feet along the Southerly line of said ditch to a point whence Angle Point No. 4 of Tract No. 53 in said Section 17 bears South 43°27'19" East, 1,786.58 feet; thence North 38001100" East, 478.24 feet; hence South 43051122" East, 896.24 feet to a point in the center of said lane; thence Southwesterly along the center line of said lane to a point on the Northerly right of way line of said Highway; thence North 45021100" West along tine Northerly right-of-way of said highway to . the Point of Beginning. Together with all water and water rights, ditch and ditch rights connected with or appurtenant to the parcrl of land above described. Any other provision herein contained to the contrary notwithstanding, no warranty, express or implied, is given as to the water rights above described. The water rights are conveyed by quitclaim only. II'lll �'lll 111111111111111111 IN HIM III IIIII IIII Iill 440833 02/24/2000 03:01P ORDINRNC DAVIS SILVI 3 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO