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Home My WebLink Aboutbocc.res.125.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR MARION NEAL RUBEY LYETH DAVIS, ENCORE TRUST COMPANY, N.A., AND ROBERT RUBEY, CATHARINE BONNER RUBEY AND KAREN RUBEY BERING FOR LOTS 1-5 OF THE RUBEY SUBDIVISION Resolution No. i%-2006 RECITALS 1. Marian Neal Rubey Lyeth Davis, Encore Trust Company, N .A., and Robert Rubey, Catharine Bonner Rubey and Karen Rubey Bering ("Applicant") have applied to the Pitkin County Board of County Commissioners ("BaCC") to request a 15 year vested right associated with the recently granted 1 041 hazard review and minor plat amendment approvals, and to develop up to 15,000 square feet of floor area on each lot, pursuant to the definition of floor area in effect at the time of application. 2. The lots are located off of Red Mountain Road, and are described as Lots 1-5, Rubey Subdivision. 3. The lots are zoned R-30 and are within the Aspen Urban Growth Boundary. The lots contain 5.280, 5.640,4.378,6.275 and 13.972 acres, respectively. 4. The Board of County Commissioners approved the Rubey Subdivision pursuant to Resolution No. 76-155; the final plat is recorded in Plat Book 5 at Page 41. There are three residences and two caretaker units on the property (Lots 1,2 and 5). Lots 3 and 4 are undeveloped. 5. The Community Development Director granted 1041 hazard review and minor plat amendment approval to Lot 4 pursuant to Administrative Decision No. 33-2006 and to Lots 1,2, 3 and 5 pursuant to Administrative Decision No. 34-2006. These approvals established building and accessory envelopes on each lot to replace the "building sites" designated on the final plat. The site plans/amended plats have not yet been recorded. 6. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 7. The BaCC heard this application at duly noticed public hearings on April 26 and September 27, 2006 at which time evidence and testimony were presented with respect to this application. 8. The Bacc finds that the subdivision has provided significant benefits to the County, including the option to purchase Lot 6 of the subdivision, where the Williams Woods affordable housing project was subsequently developed; the conveyance of Lot 7 to the County, which was later included with the hospital property that was redeveloped into the Common Ground affordable housing project; the conveyance of two parcels to the County for the right-of-way for Red Mountain Road; and the dedication ofa 15' trail easement across the lots, where a portion of the Hunter Creek Trail is now located. 9. The BaCC further finds that the Applicant has offered significant additional benetits to the County, which justify an extended vested right. 1111111111111111111111 ~:~~~:;~;1 :25F JANICE K VQS CAuDILL PITKIN COUNTY CO R 0.00 0 0.00 ~v ~! ""lII Resolution No. J~l} -2006 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant a 15 year vested right for Lots 1-5 of the Rubey Subdivision, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in public hearings and in the application. 2. This vested right is granted in association with the 1041 hazard review and minor plat amendment approvals granted pursuant to Administrative Decision Nos. 33-2006 and 34-2006, and with regard to the delinition of Floor Area as it existed when the application was filed. 3. Within 90 days of the date of this approval, the Applicant shall record an Agreement and Covenant to memorialize the terms of this approval that shall run with the land and to the benefit of the County, and can be modified only with the consent of the County. The form and content of the Agreement and Covenant shall be approved by the County Attorney. The Agreement and Covenant shall include the following provisions: A. The agreement shall specify that a 15 year vested right is granted in association with the 1041 hazard review and minor plat amendment approvals granted pursuant to Administrative Decision Nos. 33-2005 and 34-2006, recorded as Reception #s 523234 and 523233, respectively, which permit development of up to 15,000 square feet of floor area on each lot, pursuant to the definition of floor area in effect at the time of application (definition attached as Exhibit A). B. Within one year of the date ofthis approval, the Applicant shall: 1) Purchase 5 TDRs and transfer the TDRs to the County. 2) Donate $250,000 to Open Space and Trails for improvements to the Hunter Creek Trail, including extension of the trail to Red Mountain Road on the previously dedicated 15' trail easement and construction of a bridge between the Rubey property and the trailhead currently located adjacent to the Hunter-Longhouse. The Applicant agrees to vary the exact location of the trail easement to best accommodate the trail extension. 3) Dedicate conservation easements above the Salvation Ditch and within the floodplain of Hunter Creek. C. The Applieant shall agree not to build on the property during the first three years after approval. D. The Applicant shall agree not to petition the City for annexation of the property. 4. Statutory vested rights for the approvals referenced herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, S 4-140 and C.R.S., S 24-68-105. The statutory vested rights granted herein shall expire on September 27, 2021. 11\\111 \\111 \\1111 \\\1 \111 \1\\\\\ 1\\\\1 III \\11\ \\\\ \\\\ ~:~~i~~0;1: 25P JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 Resolution No. JJ1_2006 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 19th day of March, 2006. APPROVED AND ADOPTED on the 27th day of September, 2006. PUBLISHED AFTER ADOPTI~ .~OIJ- ~STED REAL PROPERTY RIGHTS in the Aspen Times Weekly on th~ day of ~2006. BOARD OF COUNTY OF P TKIN COUNTy] Date: /0- //-ot . APPROVED AS TO FORM: APPROVED AS TO CONTENT: -~ ~~.~ John~ County Attorney dO ,AlP (u. ~(tf Ci Houben, "- Community Development Director Case #P038-06 PID273707203001.273707203002,273707203003,273707203004,273707203005 \IJ'J,~I'll1)!1~~.. ~~:~),.~ ~