HomeMy WebLinkAboutbocc.res.127.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING A CONSTRAINED LOT TDR FOR EACH OF LOTS 15, 16 AND 17
OF CRYSTAL RIVER PARK SUBDIVISION TO ZTS CONSTRUCTION INCORPORATED
Resolution No./~[-2005
RECITALS
1. ZTS Construction Incorporated, Applicant, has applied to the Pitkin County Department of
Community Development for a constrained lot determination and to the Pitkin County Board of
County Commissioners (BOCC) to determine whether one or more constrained lot Transferable
Development Rights (TDRs) should be granted.
2. The lots for which the determination is requested are described as Lots 15, 16 and 17, Crystal River
Park Subdivision Second Addition.
3. The lots coutain 2.179, 1.397 and 0.752 acres, respectively, and are nonconforming size lots in the RS-
30 zone district.
4. The BOCC approved the Crystal River Park Subdivision Composite Plat (including First and Second
Additions thereto) iu July of 1966. The BOCC then approved an amendment to the Plat iu 2002,
which vacated High Drive and established an access easement to Lots 15-17. The Land Use Code
states, "Common ownership of contiguous substandard size lots or parcels shall cumulate with the
exception that lots in subdivisions approved and signed by the Board of County Commissioners shall
not cunmlate regardless of their size." Therefore, each of Lots 15-17 is separately developable.
5. The Community Development Department bas determined that the lots are "nndevelopable or
severely constrained" pursuant to the Land Use Code, based on the following:
A. Lots 15, 16 and 17 are primarily comprised of slopes in excess of 30% (97%, 99% and 76%
respectively), with the majority of Lots 15 and 16 comprised of slopes in excess of 45% (90% and
75%).
B. Tile west side of Lot 15 is within the red avalanche zone. A portion of Lot 17 is within the red
avalanche hazard zone and most of the remainder of the lot is within the blue avalanche hazard
zone. The driveway to Lots 15 and 16 would cross the blue avalanche hazard zone.
C.All three lots are subject to debris flow, severe rockfall, slope instability and severe wildife hazard.
The BOCC reviewed the request for a determination as to whether one or more constrained lot TDRs
will be granted at a public meeting on September 14, 2005, at which time evidence and testimooy
were presented with respect to this application.
7. The BOCC determined that one constrained site TDR shall be granted to each of Lots 15, 16 and 17.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin
County, Colorado, tbat due to the fact that the Community Development Department has determined that
Lots 15, 16 and 17, Crystal River Park Subdivision Second Addition are undevelopable or severely
constrained uoder the Pitkin County Land Use Code, one constrained site TDR shall be granted to the
Applicant or successors ill interest for each of Lots 15, 16 and 17.
Page: I of 2
09/26/2005 01:001
5ILVIR DftVI$ PITKIN COUNTY c0 R 0.00 D 0.00
Resolution No./~-2005
Page 2
APPROVED AND ADOPTED ON THE 14th DAY OF SEPTEMBER, 2005
: Jones
Clerk and Recor/er
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By ~"% [
Patti Kay-Clapper, Ch~ir
Date
APPROVED AS TO FORM:
Coun~
APPROVED AS TO CONTENT:
Ci~Jy~Itouben
Community Development Director
PID #272929202004
Case P157-05