HomeMy WebLinkAboutpitkin.planning.264335404003 (2007)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
�,77
PARCEL -I : 2643-354-04-003 DATE RCVD: 1/9/2007 # COPIES: CASE NOP005-07
CASE NAME: RBR 345 LLC Minor Amendment to Development Permit Planners Ezra Louthis
PROJ ADDR:I McLain Flats Rd Lot 3 Red Butte Ranch
OWNIAPP: RBR 345 LLC ADR 950 Fifth Ave CIS/Z:New York, NY 1002 PHN:
REP: Herb Klein ADR: 201 N Mill St. Ste #20 CIS/Z: Aspen, CO 81611 PHN: 925$700
Email Addr: I ALLOCATED HOURS
FEES DUE: 5693 FEES RCVD: 5693 #23139 % OVER:
REFERRALS na
REEF— BY bj 1(DUE:F—
TE F --REV BODY PH NOTICED DATE OF FINAL ACTION:
Administr no
BOCC Reso:
BOCC Ord: r
to rep 1/22/07//bj//deter tto rep 3/9/07//bj//Plat to rep PZ:
LKL e—
vj I n HRG OFF:
CLOSED: 3/9/2007 BY: bj HO INDEX:
ADMIN:
PLAT RECORDED 3/20/07 PLAT (BK,PG): 862 P99 # 535565 ADMIN IND
VR APPROVAL DATE: �— VR EXPIRES:
CASE TYP: Minor Amendment to a Development CASE TYP5:
CASE TYP2: CASE TYPE: �—
CASE TYP3: ICASE TYP7:
CASE TYP4: IDate Scanned: 4/2(
File Location: IFF Box #271
DECISIONS
GO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE RBR 345 LLC SUBDIVISION EXEMPTION
FOR A MINOR PLAT AMENDMENT
Administrative Decision No.O ( -2007
RECITALS
1. RBR 345 LLC ("Applicant") has applied to the Community Development Director of Pitkin County
("Director") pursuant to Section 2-30-20 of the Pitkin County Land Use Code ("Code"), to add an
accessory building envelope for a children's playground, landscaping and an access walkway.
2. The property is described as Lot 3, Red Butte Ranch Subdivision/PUD.
3. The property is zoned AR -10 and contains 6.115 acres.
4. The BOCC approved the subdivision pursuant to Resolution Nos. 96-69 and 97-198, granted an
extension of the vested rights pursuant to Resolution No. 99-188, and approved an amendment to the
subdivision approvals pursuant to Resolution No. 208-2000. The final plat for the Red Butte Ranch
Subdivision/PUD was recorded in Plat Book 55 at Page 42. The SIA is recorded as Reception No.
450022 and the Protective Covenants are recorded as Reception No. 450023. The Director approved a
minor plat amendment pursuant to Administrative Decision No. 04-2005, and the amended plat was
recorded in Plat Book 71 at Pages 96-103. Additionally, the Director approved a minor amendment to
move the EDU required for Lot 2 pursuant to Administrative Decision No. 15-2005.
5. The Director finds that the request is consistent with the requirements of the Land Use Code.
APPROVED by the Director, subject to the following conditions:
1. The Applicant shall adhere to all material representations made during the application process.
2. The Applicant shall comply with the provisions of BOCC Resolution Nos. 96-69, 97-198,99-188 and
208-2000, and Administrative Decision Nos. 04-2005 and 15-2005, unless otherwise replaced or
amended by the conditions of this or said approvals.
3. The accessory building envelope shall be limited to children's playground equipment, an access walkway
and landscaping.
APPROVED by the Director, this 2-IgLday of fr.�A,.,w , 2007.
J
Cindy Houben, Community Development Director 534871
Page: I of
P005-07 0.00 o2/27/ 007 0.00 04:1
PID #264335404003 JANICE K VOS CAUDILL PITKIN COUNTY CO R
STAFF
MEMO
MEMORANDUM
TO: Cindy Houben, County Community Development Director
FROM: Ezra Louthis, Planner
RE: RBR 345 LLC Subdivision Exemption for a Minor Plat Amendment
DATE: February 15, 2007
REQUEST: The Applicant is requesting to amend the Subdivision/PUD approval in order to create an
additional landscape/building envelope located on the north edge of Lot 3 in order to accommodate a
playground, access walkway and additional landscaping.
APPLICANT: RBR 345 LLC
REPRESENTATIVE: Klein, Cote and Edwards, LLC
LOCATION: Lot 3, Red Butte Ranch Subdivision/PUD (Hurst Ranch)
ZONING: AR -10
BACKGROUND: The BOCC approved the subdivision pursuant to Resolution Nos. 96-69 and 97-198,
granted an extension of the vested rights pursuant to Resolution No. 99-188, and approved an amendment to
the subdivision approvals pursuant to Resolution No. 208-2000. The final plat for the Red Butte Ranch
Subdivision/PUD was recorded in Plat Book 55 at Page 42. The SIA is recorded as Reception No. 450022
and the Protective Covenants are recorded as Reception No. 450023. The Director approved a minor plat
amendment pursuant to Administrative Decision No. 04-2005, and the amended plat was recorded in Plat
Book 71 at Pages 96-103. Additionally, the Director approved a minor amendment to move the EDU
required for Lot 2 pursuant to Administrative Decision No. 15-2005.
STAFF COMMENTS:
(9) SUBDIVISION EXEMPTIONS FOR MINOR PLAT AMENDMENTS (L UC 2-30-20G5)
A subdivision exemption for a minor plat amendment may be approved if.•
(a) It is necessary to correct an inadvertent surveying error to a recorded plat that has been
approved by Pitkin County, where the error was not intended to circumvent the provisions of
this Land Use Code, the correction increases or does not substantially affect the degree of
compliance with the standards of this Land Use Code; and the revised final plat will comply
with the final plat standards of Pitkin County Land Use Application Manual; or
RESPONSE: N/A
(b) The amendment increases or does not affect the degree of compliance with the standards of this
Land Use Code; and the amendment is being made to a recorded plat that has been approved
by Pitkin County; and the amendment is consistent with representations made during the
conceptual and detailed subdivision reviews whichever is applicable.
RESPONSE: The proposed amendment will not affect the degree of compliance with the Standards of
the Code, and the amendment is being made to a previously approved Plat. The proposed envelope is
located adjacent to already approved landscape envelope, and the proposed envelope will only be used
for playground equipment, a walkway and landscaping.
RECOMMENDATION: Staff recommends that the Director approve the RBR 345 LLC Subdivision
Exemption for a Minor Plat Amendment based on compliance with the standards noted above and subject to
the conditions of the attached Administrative Decision.
ATTACHMENTS:
I) draft decision
APPLICATION
MATERIAL
KLEIN, COTE & EDWARDS, LLC
ATTORNEYS AT LAW
HERBERT S. KLEIN
hsk@kcelaw.net
LANCE R. COTE, PC*
lrc@kcelaw.net
JOSEPH E. EDWARDS, IR, PC
jee@kcelaw.net
EBEN P. CLARK
epc@kcelaw.net
MADHU B. KRISHNAMURTI
mbk@kcelaw.net
MATTHEW M. LOWRY
ininl@kcelaw.net
* also admitted in Califomia
January 8, 2006
Mr. Ezra Louthis
Pitkin County Community Development Department
130 South Galena St.
Aspen, CO 81611
201 NORTH MILL STREET, STE. 203
ASPEN, COLORADO 81611
TELEPHONE: (970) 925-8700
FACSIMILE: (970) 925-3977
Re: Red Butte Ranch Subdivision/PUD - Subdivision Exemption for Minor
Plat Amendment (LUC §2-30-20.x.5) - Lot 3 PID # 264335404003
Dear Ezra:
Please consider this letter an application for a Subdivision Exemption for Minor Plat
Amendment under LUC §2-30-20.g.5, for Lot 3, Red Butte Ranch Subdivision/PUD (the
"Ranch"). The applicant is RBR345, LLC, which is the owner of Lot 3. A certification of
ownership with the legal description of this property is attached hereto as Exhibit OWN -1. A
consent to process this application from the owner is attached as Exhibit CPA -1. The pre -
application conference summary for this project is attached at Exhibit PA -1.
The applicant is seeking approval to expand the landscape/building envelope presently
located on Lot 3 to accommodate a playground, access walkway and additional landscaping. The
landscape/building envelope on Lot 3 and the proposed area of expansion is shown on the site
plan map attached hereto as Exhibit A. A vicinity map is attached at Exhibit. B.
Lot 3 is 6.1 acres in size, is presently vacant and a small portion of it has previously been
approved as a landscape envelope which supports the uses on Lot 2. The ownership entities of Lot
2 and Lot 3 share the same principals and Lot 2 has a new single family house that is in its final
stages of construction. Lot 3 has available area suitable and accessible to Lot 2 for use as a play
area for the children of the residents on Lot 2. The proposed expansion area of the
landscape/building envelope is approximately 10,800 square feet. The area is generally flat and
can easily accommodate the landscaping and playground equipment to be located in this area.
The Parcel is described as: Lot 3, Red Butte Ranch Subdivision/PUD, according to the
Final Plat thereof recorded December 28, 2000 in Plat Book 55 at Page 42, Reception No.
450021.
000001
Mr. Ezra Louthis
January 8, 2007
Page 2
Criteria of LUC §2-30-20.8.5.
The pre -application summary identified this section of the code as stating the relevant
requirements for this application. This section provides that a minor plat amendment may be
approved where:
(b) The amendment increases or does not affect the degree of compliance
with the standards of this Land Use Code; and the amendment is being
made to a recorded plat that has been approved by Pitkin County; and the
amendment is consistent with representations made during the conceptual
and detailed subdivision reviews whichever is applicable.
Response: The amendment is being sought so that the playground equipment and
landscaping are located within a landscaping or building envelope as required by the Code. The
area is immediately adjacent to the landscaping envelope previously approved on Lot 3. The
expansion of this envelope is fully consistent with all applicable provisions of the land use code
and does not affect the degree of compliance of the property with the standards of the Code. No
new buildings are proposed to be located within this area. The proposed use of the area is for
children's playground equipment, an access walkway and landscaping. All of these uses are
permitted in the zone district and are fully consistent with the residential nature of the parcel.
EXHIBIT LIST:
1. Certification of ownership
Ex.
OWN -l.
2. Consent to process application
Ex.
CPA -l.
3. Map showing the proposed expansion area of the
Landscape/building envelope
Ex.
A.
4. Vicinity map
Ex.
B.
5. Executed Fee Agreement
Ex.
FEE -1.
6. Copy of Pre -App Form
Ex.
PA -1.
I would greatly appreciate your processing of this application as soon as possible
Very truly yours,
KLEIN, COTE & EDWARPS, LLC
By:
Herbert S. Klein
Attachments
Herbert S. Klein
Lance R. Cote
Joseph E. Edwards, III
Madhu B. Krishnamurti
KLEIN, COTE & EDWARDS, P.C.
201 N. Mill St., 9203
Aspen, CO 81611
970-925-8700
970-925-3977 fax
January 2, 2007
Via Hand Delivery
Ezra Louthis
Pitkin County Community Development Department
130 S. Galena St.
Aspen, CO 81611
EXHIBIT
N
OW
Re: Lot 3, Red Butte Ranch. Minor Plat Amendment- Certification of Ownership.
To whom it may concern,
The undersigned attorney is licensed to practice law in the State of Colorado and has
reviewed the public records concerning the ownership of the above property. This letter is
provided to certify that the above described property is owned by RBR345, LLC, a Colorado
Limited Liability Company.
Please feel free to call me if you have any questions.
Very truly yours,
KLEIN, COTE & EDWARD,S` P.C.
By:
"Herbert S. Klein
ownershipltr.wpd
OOOG03
Exhibit CPA -1
CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION
Lot 3, Red Butte Ranch Subdivision/PUD
(the "Property")
RBR 345, LLC, a Colorado limited liability limited company, as the owner of Lot 3,
hereby authorizes its attorney, Herbert S. Klein, Esq. (telephone: (970) 925-8700;
address: 201 N. Mill St. Aspen, Colorado,81611) and its planner, Design Workshop, to
process an application for the expansion of the landscape/building envelope on Lot 3,
within which a playground, access walkway and additional landscaping may be placed
and to obtain all necessary land use approvals related to the foregoing.
Dated: January 3 , 2007.
RBR345, LLC
By: Red Butte Partners, LLC, its Sole Member
By: Soledad DeLeon Hurst, Manager
Phone: 970-544-0682 (local) 212. 906-0718 (ofc)
Address: 950 Fifth Avenue
New York, NY 10021
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EXHIBIT
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and RBR345, LLC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Minor Plat Amendment
Lot 3, Red Butte Ranch Subdivision/PUD (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ 693.00 which is based on 3 hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY APPLICANT
RBR345, LLC
By: Red Butte Partners, LLC, its Sole Member
Cindy Houben Prig=� J ne
Community Development Director
Signature Soledad DeLeon Hurst, Manager
Date: January 2, 2007
Mailing Address:
950 Fifth Avenue
New York NY 10021
Effective 7/26/06
G:county%admin%formslagreement to pay
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920-5093
LOCATION: Lot 3, Red Butte Ranch
APPLICANTS: RBR 345 LLC
REPRESENTATIVES: Herb Klein
DATE: 8/25/06
E-MAIL: suzannewc(aco.oitkin.cc
ZONE: AFR-10
PARCEL ID #: 264335404003
EMAIL: hsklein@rof.net
Type of Application: Minor Amendment to Development Permit
Description of Project/Development: Applicant proposes to extend the landscape envelope to accommodate a
playground.
Land Use Code Sections
• 2-30-20.g.5, Subdivision Exemption for Minor Plat Amendment
Review by: Community Development Director
Public Hearing? NO.
FEES: $693 (make check payable to "Pitkin County Treasurer") (
➢ $693 Planning flat fee (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.6
hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $231/hour)
To apply, submit 1 copy of the following information (unless noted otherwise):
1. Letter of request, summarizing prior approvals, addressing the provisions of the Pitkin County Land Use
Code identified above and demonstrating that applicant has met the substantive review criteria;
2. Draft amended plat
3. Disclosure of ownership of subject property, consisting of a current certificate from a title company or
attorney licensed to practice law in the State of Colorado, listing the names or all owners of the property
and all mortgagees, judgments, liens, easements, contract and agreements affecting use and
development of the lot and proof of the owner's right to use the land for the purposes identified in the
application.
4. Parcel description, including legal description and vicinity map
5. Total fee for review of the application
6. Signed fee agreement (1 copy)
7. Consent from owner(s) to process application and authorizing the representative (1 copy)
8. Copy of this preapp form (1 copy)
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. THE
PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED /N YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre -application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
MISCELLANEOUS
DOCUMENTS
F
PITKIN COUlt ' COMMUNITY DEVELOPMENT Lr,PARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
January 22, 2007
Herb Klein
201 North Mill Street, Suite #203
Aspen, CO 81611
Re: RBR 345 LLC Minor Amendment to Development Permit
(CASE P005-07; PID 2643-354-04-003)
Dear Mr. Klein:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092.
Sincerely,
Bonnie Waechtler
Administrative Assistant
C. _RMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
174 Flat Fee
162 Zoning and Sign
169 Public Notice+
160 Planning Enforcement
175 Hearing Officer
Referral Fees:
210 Airport
LUCOI County Clerk
211 County Engineer
194 Environmental Health
208 Historic
198 Housing
190 Land Management
209 Redstone HPC
206 Wildlife Officer
da
TOTAL i?
NAME: �: J
ADDRESS/ PROJECT: �--� -�
PHONE:
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CHECK#
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CASE/PERMIT#: i 1
DATE: INITIAL:
Building Fees:
170
Board of Appeals
105
Building Permit
120
Electrical Permit
195
Energy Code Review
115
Mechanical Permit
150
Plan Check
110
Plumbing Permit
130
Reinspection
152
AVFD Fire Marshal
158
BFD Fire Marshal
Other Fees:
155
Use Tax
165
Copy
^�
PZ005
Master Plan Copy
-
185
Park Dedication
NJ
IS
GIS Requirements
v
161
Housing Impact Fee
B1202
Road Impact Fee
-_
B1203
School Impact Fee
da
TOTAL i?
NAME: �: J
ADDRESS/ PROJECT: �--� -�
PHONE:
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CHECK#
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CASE/PERMIT#: i 1
DATE: INITIAL:
PLATS
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CERTIFICATE OF OWNERSHIP AND DEDICATION
The undersigned, being the owners of Lots 2 and 3 of the Red Butte Rands
SubdivisioNP"UD, according to the Fina! Plat thereof (the 'Plat) recorded
December 28, 2000 to Plat Book 55 at Page 42, Reception No. 450021 of the
records of Pitkin County, Colorado, hereby amend the Plat to expand the
building envelope on Lot 3 as shown hereon for the purpose of tocaiing a
Playground and related equipment, landscaping and an access walkway,
according to the terms of the Adminis'vative ..Approval of the Community
Development Director of Pitkin County, Colorado, recorded at Reception No.
9YH $7 I , of the records of Pition County, Colorado.
OWNER'S .ACKNOWLEDGMENT
The applicant hereby acknowledges that he has been infanned by the Pitkin
County of the existenoe of environmental hazard area=_ that might affect the
property, any Improvements, and the use and ox::pancy thereof.
RSRI2, LLC
BY: RED BUTTE PARTNERS, LLC, ITS SOLE MEMBER
BY: SOLEDAD DELEON HURST, MANAGER
STATE OF i"Y
COUNTY OF N,
THE 5PREGOING DEDICATION WAS ACKNOWLEDGE BEFORE ME THIS
DAY OF d%11%VA A D a, BY SOLEDAD
DELEON HURST, AS MANAGER OF RED BUTTE PARTNERS, LLC, ITS
SOLE MEMBER
MYCOMMiSSION EXPIRES: �fy'A-&"
a„ CESS MY HAND AND SEAL
_,. NOTARY PUBLIC
_ RBR LLC
BY RED
BUTTE PARTNERS. LLC, ITS SOLE MEMBER
BY SOLEDAD DELEON HURST, MANAGER
� �\ 7� STATE OF
- �✓ -- _- / COL I.OF NY
T2 _ - THE FOREGOING DEDICATION WAS ACKNOWLEDGE BEFORE ME THIS;
DAY OF Ijl i -f+ AO., -=-Gc'1 BY SOLEDAD
ss23AeftEs* -` DELEON HURST, AS MANAGER OF RED BUTTE PARTNERS, LLC, ITS
-SOLE MEMBER
MY COMMISSION EXPIRES:
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NOTARY PUBLIC
/.'COMMUNITI' DEVELOPMENT DIRECTOR'S APPROVAL
\ --`/ Ths Red But Ranch Subdivisio .1PUD Minor Plat Asrandment for Lots 2 and
1-Z ���� 3Site Plan has been reviewed and approved by the Community
Deve,opmenr DI-ector of Pitkin Couny this !,it!, day of M—L, , 2007,
subject to Administrative
Decision rto ,�->ry� As receptn no. .'S? 11
Cindy HHoube ,, Community Development Director
_ c] RECORDING CERTIFICATE
m
v \� �� ��_ ` �+.e.. This Red Butte Ranch Subdsw
nlPUD Mawr P at Amendment for Lots 2 and
3 Site Plan has been accepted for Ming to the once of the Clerk and
_ _ �� ��� _i �� / ✓�
Recorder of Pitkin ,aunt' Colorado, on this_ day of Y� '/' 2007,
`*�
�_ \� _ / In Plat Book at Page 9_ as Reception Ne.,!' r r
C'erk and Recorder y r
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PLAYGROUND
LOCATION
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