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HomeMy WebLinkAboutpitkin.planning.264501300101 (2008)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 copies (11x17) ttI~P031-08 PLt~t: Lance Clarke Dtik+N~,gFP* James Hedges AD 3001 Tamiami Trail No OJgd2: Naples, Florida 3410 PHN Stan@scaplanni ~.~_._.......r. ADR 412 N Mtll St REP' Stan Clawson ~~~~~ CfF~, Aspen. CO 01611 F'HN 925-2323 ~t7 $693 FEE~.fiIClD $693#00025573 ALLO~CttTEDii0UR5:~ q i OVER: 4 8 ' ~ , ' ~ _ ~ ~ }~,. 3/31/2008 bl DUE: 5/9/2008 •~ ` l~W.' dM0't'D DA'i'EOFFA61'tON: 5/12/zoos ~~ Admimsire no - F~bR1C •••- admin to rep 5/13/00//plat to rep 7/3/08//61 ~; ~"~'°'"""'""""""'"' IiR6 OFF` ~..... '., .. ,_. 5/13/2000 ~,-`~!; b1 ~ ~ ~ 1 ' ~ _ ADMIN: 037-2008 #549110+ PIATCDRDED 7/1/00 FLAT{i~(F¢}; 887 P67-68 #55065 ADMIN INDEX: 2008 _.x_. VR+4FF~FYOVi4EDATE;~~` VREXFIRES:~~~ _ Ti~* ,MinorAmendmenttoaDevelo ment P CASE Ti'F5: '~: DgA@Scmxted: { r/3108 ,, :.-.. ~.. a . ,.., ~. : ~ :.. ~. .: - ",,,'. ~`;q-r ~ ~ ; ~ ~ '.' ~ ;: shelf 71eLot.r~ on x'ri '`l.T..j rx ::'ex.~'") '- ,.i.=. a$ : :~::A .M1tr .:. _', ,,,~,~ x. .. r.. it x;+iArh 'iJ.p~„ ~-'rw.-..', ~: f,~Y:,.~:. ,:~ . ::~., ..: r .. o-.~ . ., ux .. - v ~.:. .. ~..' ~~tt x ~ ;::i; - ~ . Mkt:: ~'"+~. ... ,. ~.. T-~- ^i '"iti ,: i':', c. ,.. ~. ' ~M,':..,.. ... . .:{.4T .: ~: ~-v ... ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DII2ECTOR OF PITKIlV COUNTY, COLORADO, APPROVING THE HEDGES MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No,~-2008 RECITALS James R. Hedges ("Applicant"), has applied to the Community Development Director of Pitkin County, ("Director"), pursuant to Section 2-20-150(6) of the 2006 Pitkin County Land Use Code ("Code"), to amend language of previously approved 1041 Hazard Review Hearing Officer Determinations and Site Plan approval to: (1) permit a detached "gym" structure; and (2) permit drainage and septic system in a landscape envelope. 1. The application was received after July 6`", 2006 and therefore is reviewed under the 2006 Land Use Code. 2. The property is zoned RS-30, contains approximately 6.142 acres, and is non-conforming in size. 3. The parcel is located on Watson Divide. PID#: 2645-013-00-101 (Legal Description, Attachment A). 4. The parcel received 1041 Hazard Review approval pursuant to Hearing Officer Determination No. 36-2002 Rec. No. 472700) to establish a building envelope to develop a single family residence. Other approvals that apply to this parcel include H.O. Determination No. 14-2004 (Rec. No. 499313), BOCC Resolution 070-2007 (Rec. No. 541436), and Admin. Determination No. 118-2007 (Rec. No. 544871). A Site Plan has been recorded at Book 86, Page 65 (Rec. No. 546847). 5. The Director finds that the request to amend the approvals is consistent with the Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process. 2. Condition 2.B. (sic) of Heazing Officer Determination No. 36-2002 (Rec. No. 472700) shall be rescinded and reinstated to say: "Obtain approval of a septic permit from the Environmental Health/Natural Resources Department. The system shall be located within the approved building or landscape envelope, and must comply with the setback requirements for OS WTS. A qualified professional engineer must design the system. 3. Condition 7 of Hearing Officer Determination No. 36-2002 (Rec. No. 472700) shall be rescinded and reinstated to say: "No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved building or landscape envelopes. Any disturbance permitted in the landscape envelope shall be in conformance with an approved site plan or landscape plan. Construction staging, parking, utility and driveway extension and maintenance shall occur within the approved building envelope or access driveway. 4. Condition 3.d). of Hearing Officer Determination No. 19-2004 (Rec. No. 499313) shall be rescinded and restated to say: "Buildings other than the primary residence and a detached garage are prohibited on the pazcel except for a detached "gym pavilion" not to exceed 330 sq. ft.. This "gym pavilion" shall not include "bathing facilities". 5. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by Community Development a revised Site Plan in accordance with Land Use code Section 2-30-20 (g) and Application manual Section 2.1.12. The above referenced approval shall be a condition precedent to finalization and recordation. The Site Plan shall evidence the reduction in footprint of the residence, the addition of the "gym", and the septic/drainage improvements in the Landscape Envelope. Gage / of / RECEPTION#: 549110, 05/13!2008 at 08:57:53 AM, ~ of 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. APPROVED by the Director, this day of~, 2008. C~ Cindy Hou en, Community Development Director PID# 2645-013-00-101 P031-OS lancec/docs/hedges minor amendment.doc RECEPTION#: 545316, 12/28/2007 at 11:04:53 AM, 3 OF 3, Janice K. Voa Cavdill, Pitkin County, CO Ut(;, ll. ZUUi IU:jSAM YI'tiN l,'UUNIY Illlt IYU.4Ubb Y, j P. ., .COUNTY TITLE EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in the NVIr 1/4 SW 1/4 end the NW 1/4 SW 1/4 of Section 1 end the NE 1!4 SE 114 of Section 2, all in Township 9 South, Range 88 West of the 8th P.M. Pilkkt County, lying 6outherly of the EesFWest cenfarlMe of Secton 1 end Northerly of the Northery Right-of-way Ilne of a 20' roadway as constructed end in place, said tract being dasortlred es follows: Beginning et the comer common to said sectbns 1 and 2, sold comer being marked whh an iron post and brass cap found In place end properly marksd; thence N 99'69'05' E 270.04 feet; thanes S 00.00'65' E 414.40 feat; thence S 53'19'21" W 96.80 Teel; thence S 28'54'19" W 127.80 feet; thence S 03'27'80" E 325.44 feet; tY~ence N 82.08'45• W 180.18 feet to a point on the Northerly line of said road; ~ ---_.._._____ _ __ thencs N 18.18'12' W 26.94 feat along said road; - -- ' ~-~ thence 188.88 feet ebng the arc of a curve to the left having. a radius of 124.431eet (the chord of which beers N 84'24'63• W 163.71 feat}; thence S 87'2623• W 80,45 feat along acid road; Offence 144.87 feet along the arc of a curve to the left having a radius of 90.18 feet (the chord of which bears 9 41'29'18" W 129.84 feet); Orenoe S 04'29'4T E 108.63 feet abng said road; tt»nce 96.44 feel along the arc of a curve to the left having a radius of 230.60 feet (!he chord of whloh bears 3 12.37'38" E 85.22 feet); thence S'20'45'24" E 29,17 feet along said road; prance 73.78 feet along the arc of a curve to the right having a radius of 28.26 fast (the chord of which bears S 54'03'31" W 64.53 feet); thence N 51'07'35' W 48.23 feat along Bald road; thence 61.12 feet sloop the arc o(a curve to fhe right having a radius of 116.54 feet (the chortf of which bears N 36'58'20' W 80.41 feat); thence departing said road N 08.34'25' W 210.91 feet; thence N 01'39b6• W 121.71 feet; thence 3$9'43'08" E 435.97 feat to a point on the Section Ilse common to said Sections 1 and 2: thence N 00'D2b8' W 693.00 feet ebng said Secton line to the comer rnmmon to said Sections 1 and 2, the POINT OF BEGINNING. 70GETHF.R WITH easements es defined and described in Easement Agl'eemant recorded September 19, 1988 In Book 319 et Pape 231. TOGETHER WITH easement as defined end desalted in Easement agreement recorded . 2D0_, as Reception No. , 111~111~ 0993D o ~s:uv 111111111111111111111111 R e. 111~1~~~~ PItK1N 000004• ooauw~ MEMORANDUM TO: Cindy Hoube~n, Pitkin County Community Development Director FROM: Lance Clarke, Assistant Director RE: Hedges Minor Amendment to a Development Permit DATE: May 9, 2008 REQUEST: The Applicant desires to amend an approved site plan and language of previously approved 1041 Hazazd Review Heazing Officer Determinations to 1) allow construction of a detached "gym pavilion"; 2) allow a septic system and drainage improvements in the "landscape envelope". APPLICANT: James R. Hedges LOCATION: Watson Divide (PID# 2645-013-00-101) ZONING/LOT SIZE: The Lot is zoned RS-3Q is approximately 6.142 acres, and is non-conforming in size. PREVIOUS APPROVALS and REQUESTS: The parcel received 1041 Hazazd Review approval pursuant to Hearing Officer Determination No. 36-2002 (Rec. No. 472700) to establish a building envelope to develop a single family residence. Other approvals that apply to this parcel include H.O. Determination No. 14-2004 (Rec. No. 499313), BOCC Resolution 070-2007 (Rec. No. 541436), and Admin. Determination No. 118-2007 (Rec. No. 544871). A Site Plan has been recorded at Book 86, Page 65 (Rec. No. 546847). The Applicant has requested to amend condition #2.B. (sic, misnumbered) and condition #7 of Hearing Officer Determination No. 36-2002, to allow the septic system to be placed in the "landscaping envelope". The applicant also requests amendment of condition # 3.d. of Heazing Officer Determination No. 14-2004 to allow an accessory structure; specifically a "gym". REFERRAL COMMENTS: CDOW, Snowmass/Capitol Caucus. STAFF COMMENTS: Minor Amendment to a Development Permit. Pursuant to Section 2-20-150(b) of the July 6'", 2006 Land Use Code, a minor amendment to any development application or permit is one that meets the following criteria, as determined by the Community Development Director: 1. Is consistent with action(s) taken during previous development approvals for the property; and Response: The requests aze not consistent with previous approvals but the proposed amendments are not consequential. 2. Does not change the use of the proposed development between residential, commercial, and tourist accommodation uses; and I o~ Z Response: The requests do not change the use of the proposed development. 3. Does not change the basic character of the approved use of land on which the activity occurs, included basic visual appearance and method of operation, and Response: The requests do not change the basic character of the approved use of land. 4. Does not constitute a new land development activity; and Response: The requests do not constitute a new land development activity. S. Does not increase off-site impacts in the surrounding neighborhood; and Response: Off-site impacts will not be created. The "gym" will not be significantly visible. 6. Does not endanger the public health, safety or »~elfare, and Response: The requests do not endanger the public health, safety or welfare. 7. Does not violate any Land Use Code standard,' and Response: Land use code standards are not violated. 8. Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and Response: The requests will not result in any impacts mentioned in No. 8. 9. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more the ftve (5) percent. Response: The requests will not violate this. RECOMMENDATION: Staff recommends that the Director approve the Hedges Minor Amendment to a Development permit to allow an accessory "gym" structure and to allow septic improvements in the landscape envelope. ATTACHMENTS: 1) Snowmass/Capitol Caucus Z F .. ry STAN CLAUSON ASSOCIATES iNc landscape architecture. planning. re so rt design qiz North Mill Street Aspen, Colorado 8ibv L97o/9~5-~3z3 f. g7o/9zo-i6z8 info@scaplanning.com wwwscaplanning.com °~,^~ 25 March 2008 Lance Clarke, Deputy Director Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611 Re: Hedges Property -Application Amendment ParcellD # 2645-013-00-101 Dear Lance: On behalf of our client, James R. Hedges, we are writing to provide an amendment to the application submitted for a Minor Amendment to the Development Permit for the Hedges property on Watson Divide Road. This amendment is in response to your comments regarding the application as originally submitted. Specifically, this amendment provides a revised floor plan for the detached gym pavilion showing that the structure does not contain bathing facilities. This revision also provides a site plan showing the septic system and drainage improvements within the approved landscape envelope, and includes a request that Conditions#2 and #7 of Hearing Officer Determination No. 36-2002 be amended to allow these appurtenances to be located within the prescribed landscape envelope. The above-referenced Condition #7 states that "The [septic] system shall be located within the approved building envelope, and must comply with the setback requirements from surface and groundwater sources:' A qualified professional engineer has been engaged to design the system and has determined that the location within the landscape envelope, as shown on the attached site plan, offers a more optimal design than forcing the system into the building envelope. Moreover, it is not clear why this condition initially limited the system to the "building envelope" as opposed to any appropriate activity envelope, as would be currently permitted. We believe that these conditions can be amended without any detriment to the landscape or the site generally. Moreover, Condition #7 contains an inconsistency in that it prohibits not only septic but also "landscaping, [and] vegetation removal or disturbance... outside of the approved building envelope." We would request changing condition No 2[B) to read: "Obtain approval of a septic permit from the Environmental Health Department. The system shall be located within the approved landscape envelope, and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system:' Condition No. 7 would be changed to read: "No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approve building or landscape envelopes. Construction, staging, parking, utility, and driveway extension and maintenance shall occur within the approved building envelope or access driveway." 000001 0 ~ ~ ~ ~ ~, i ~~ -~.! :, ~I Lance Clarke, Deputy Director Pitkin County Community Development Dept. 25 March 2008 Page Two The application remains in conformance with your Pre-application Conference Summary, dated 13 December 2007. All other aspects of the application remain unchanged. A revised gym pavilion floor plan drawing is attached and is intended to replace the page marked "Hedges Pre-Fab Gym; Floor Plan" in the original application. A revised site plan is also attached to replace Page Al.l . All of the other drawings included in the original submittal are unaffected. Please review this amendment and do not hesitate to let me know if there is additional information which you will require. Thank you very much for your assistance with this request. Ve truly yp~s, ~ // Stan I so , AICP, ASLA STAN CLAUSON ASSOCIATES. INC Attachments: Revised Gym Pavilion Floor Plan Revised Site Plan Cc: James R. Hedges Marmot-Radziner Architects OQOpO2 0 0 0 0 c w x m; v c~ rn N -'".I m ~. Z -, ,- - - / i o / ~ / ~ p pr S~ ~ / Pt !R ~ pm I l -.._.._._.__-._ . ~..~ I $ ~.._i ' ~ I ~ ~ a . j I I ~ O I ~ 'I i ~, m I i r ~ I I i ~ ~ I / I I ` / i l I r i I __ __ ________________ _ __ ~ j PROPERTY LX~ _ _ -_ _____.- - f , , _ j ser ~ ' ~ ~ ~ < I ~ )SflY~ ~ I ~ ~ ~ I ~ v y 4 / i ~ I II i ~I_J I i _.~... _. ~...~ ~ I J ~ __._ .. __._ ..P ROPERTY LINE ~ i ~ L.. __. mil ~~ ~ ~ ~ i C ~ , , 9 ~ \ '" {} I rM ~ . ~~ ~~.. ~ I I Y '~ I r I ~, S ~ ~ ~ :_- -- ~ r '- ~~" ~l ~_. - ---- ~ _--- ---- o , ~ I ,~, ~ ~ € ~ ~ ~ gg ~ ~ I ~ ~ o ~~ I ~ , I \ _ _ _ _ I I} ~ny~ - .._._ -.. ~~\ ~ _.~._.._ Y.. _ I 4....-"_ A ~ . ~ ,Po ~~ ~ ~ -,jtT~'~.s ~ ~ HEDGES SITE PLAN ,na~scav uivl~;~ ..:,.. MARMOL RADZINER D ~ ~'( ~ ~6\ S Watson Divltle PoaU yr" g~ aspon, ~: cicn `~~ AND ASSOCIATES AIA N b~ ~ l09 S A V•M~M~iLW ~NWY1~ 0 O O O a -1! ~~ ~, ~ i ~~, „ o I II o m I n ~- i ~°l re~- J J~ c ~ ~:m ~D I mn3 AOO ODO cnz3 mD~ m I 7JSn cn0= 3~~ -m r = DPm ASS „D~ m D I ~~3 Amy mr~ O~ 3 D m N .>`l APPLICATION Minor Amendment to Development Permit 5 March 2008 Applicant: James R. Hedges Location: Watson Divide Road Pitkin County Parcel ID # 2645-013-00-101 An application for a Minor Amendment to Development Permit to permit an accessory structure. Represented by: ,~ s ~. ,STAN CLAUSON ASSOCIATES iNc landscape archite cf ure. planning. resort design µcz North Mi115treet Aspen. Colorado 8a6u tg7o/9z 5-z3z3 f. 97o/9zo-t6z8 info®scaplanning.com wwwscaplanningmm OOOOQ5 ~. .r _.. _ I ~., ~ <. i ,'~. "h. ~I, . ;~. 4 ~~ ' ^. STAN CLAUSON ASSOCIATES iNc landscape arch i[e cture. planning. re so rt design y~z North Mill Street Aspen, Colorado 8i6u t. goo/gz5-z3z3 f. q7o/qzo-i6zS info C$scaplanning.com wwwscapla nning.com 5 March 2008 Lance Clarke, Deputy Director Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611 Re: Hedges Property Request for a Minor Amendment to a Development Permit, ParcellD # 2645-013-00-101 Dear Lance: On behalf of our client, James R. Hedges, we are writing to request that Pitkin County conduct the necessary reviews to provide for a Minor Amendment to the Development Permit for the Hedges property on Watson Divide Road. This application is in conformance with your Pre-application Conference Summary, dated 13 December 2007. It seeks approval to: 1. Amend condition No. 3.d. of Hearing Officer Determination No. 19-2004 in order to allow the construction of a detached Gym Pavilion, and 2. Amend the approved Site Plan (Reception No. 546847) to reflect the addition of the Gym Pavilion and a reduction in the main residence footprint. The subject parcel is 6.14 acres located just below Watson Divide in the RS-30 PUD zone district. The property received 1041 Hazard Review approval in 2002 (Determination No. 36-2002) and Special Review approval for the use of one (1) TDR in 2004 (Resolution No. 19-2004). A reinstatement of vested rights for these approvals was granted in August of 2007 (Resolution No. 090-2007. In December of 2007, the applicant received Site Plan approval for the construction of an 8,250 sq. ft. single-family residence (Administrative Decision No. 188-2007). The corresponding site plan was recorded as Reception No. 546847. Condition No. 3.d. of the 2004 Hearing Officer Special Review approval required that the property be deed restricted prior to building permit submittal such that, "Buildings other than the primary residence and a detached garage are prohibited on the parcel." This application requests an amendment to above referenced condition to allow for the construction of a 220 sq. ft. detached "Gym Pavilion" as an accessory structure. This application also requests an amendment to the recorded site plan to include the Gym Pavilion footprint. In addition, this application requests approval to amend the recorded site plan to show a slightly revised design of the previously approved residence. This modification reduces the size of the building footprint but is otherwise consistent with the representations made during the Site Plan Review. The minor re-design simplifies the building mass and material palette. O~ODQ6 ~~ ~ ~! ~ ~; ~, .~. ~, ~ ~ s .. ''~.:~. r ~, ~. "~~ ~' ~ ~_ 0~~ Lance Clarke, Depufy Director Pitkin County Community Development Dept. 5 March 2008 Page Two The revised residence and the proposed Gym Pavilion are within the established Activity Envelope. The residence is sited almost identically to the previously approved building but the north wing of the footprint has been eliminated. The attached drawings include a site plan, floor plans, and exterior elevations for the requested amendments. As you will see from the hand renderings, the south and east elevations (those visible from Watson Divide Road) look very much the same. The applicant received approval from the Snowmass Capital Creek Caucus during the Site Plan review. However, please advise if you believe that this minor amendment will require a new presentation to the Caucus. Please let me know if there is additional information which you will require. Thank you very much for your assistance with this request. Ve y you St a ICP, ASLA STAN CLAUSON ASSOCIATES, INC Attachments: Land Use application in 4 copies Pitkin County review fee of $693.00 TABLE OF CONTENTS • Project Overview and Code Response • Attachment 1 -Vicinity Map • Attachment 2 -Improvement Survey • Attachment 3 -Site Plan and Architectural Plans • Attachment 4 -Previous Approvals • Attachment 5 -Proof of Ownership • Attachment 6 -Letter of Authorization • Attachment 7 -Parcel Description • Attachment 8 -Pre-Application Conference Summary ~QQU~g ect Overview This application is a request for a Minor Amendment to Development Permit for the Hedges property located at the top of Watson Divide Road. It seeks approval to: 1. Amend condition No. 3.d. of Hearing Officer Determination No. 19-2004 in order to allow the construction of a detached Gym Pavilion, and 2. Amend the approved Site Plan (Reception No. 546847) to reflect the addition of the Gym Pavilion and a reduction in the main residence footprint. The subject parcel is 6.14 acres located just below Watson Divide in the RS-30 PUD zone district. It is within the Snowmass Capital Creek Caucus planning area. The property received 1041 Hazard Review approval in 2002 (Determination No. 36-2002) and Special Review approval for the use of one (1) TDR in 2004 (Resolution No. 19-2004). A reinstatement of vested rights for these approvals was granted by the Board of County Commissioners in August of 2007 (Resolution No. 090-2007. In December of 2007, the applicant received Site Plan approval for the construction of an 8,250 sq. ft. single-family residence (Administrative Decision No. 188- 2007). The corresponding site plan was recorded as Reception No. 546847. Condition No. 3.d. of the 2004 Hearing Officer Special Review approval required that the property be deed restricted prior to building permit submittal such that, "Buildings other than the primary residence and a detached garage are prohibited on the parcel." This application requests an amendment to above referenced condition to allow for the construction of a 330 sq. ft. detached "Gym Pavilion". This application also requests an amendment to the recorded site plan to include the Gym Pavilion footprint which falls entirely within the approved building envelope. In addition, this application requests approval to amend the recorded site plan [o show a slightly revised design of the previously approved residence. This modification reduces the size of the building footprint but is otherwise consistent with the representations made during the Si[e Plan Review. The minor re-design simplifies the building mass and material palette. Most of the basement has been eliminated and the total FAR has been reduced by 2,603 sq. ft. to 5,647 sq. ft. This is well below the allowable 8,250 sq. ft. The height of the re-designed residence is still almost four feet less than that allowable twenty-five (25) feet. The residence has been designed to blend into the surrounding landscape and will not negatively impact the surrounding properties. The proposed revisions do not change the basic visual appearance of the residence as seen from Watson Divide. The revised residence and the proposed Gym Pavilion are within the established Activity Envelope. The residence is sited almost identically to the previously approved building but an entire wing on the north side of residence has been eliminated. The attached drawings show that the south and east elevations (those visible from Watson Divide Road) look very much the same. The proposed Gym Pavilion is directly north of the main structure and cannot be seen from Watson Divide Road. As in the Site Plan Review, the wood and stone materials for both the main residence and the detached Gym comply with the provisions of the Pitkin County Code related the development within a scenic view protection area. The proposed minor amendment complies with the applicable sections of the Pitkin County Land Use code, as described in the following code response. Hedges Property: Minor Amendment to a Development Permit Page 1 5 March 2008 UUUU09 Land Use Code Standards 2-20-150: Amendments to Development Applications and Permits (b) Minor Amendments Defined A minor amendment to any development application or permit is one that meets the following criteria, as determined by the Community Development Director: (1) Is consistent with action(s) taken during previous development approvals for the property; and Response: This application requests approval for a minor amendment to a condition of a 2004 Hearing Officer determination (Resolution No. 19-2004) as well as to the recorded Site Plan (Reception No. 546847). We believe that this amendment is consistent with the previous approvals, with the Pitkin County Land Use Code, and with the Snowmass Capital Creek Valley Master Plan. The detached Gym Pavilion is 330 sq, ft. and cannot be seen from Watson Divide Road. It effectively replaces the northerly wing of the approved structure. However, because the 2004 approval provided only for a garage as a separate structure, this minor amendment is needed. We believe that this detached structure is appropriate on the site despite because it does not increase the visual or site impacts of the approved residence. The applicant is requesting a minor amendment to permit an additional accessory structure and revise the site plan to reflect the addition of the detached gym. The revised site plan also shows the smaller footprint of the slightly redesigned residence. The redesigned residence reduces the floor area of the previously approved residence to 5, 647 sq. ft., including the proposed gym pavilion. This is significantly less than the allowable 8,250 sq, ft. The amendment reduces the size of the building footprint but is otherwise consistent with the representations made during the Site Plan Review related to visual impacts, building materials, and compliance with the Land Use Code. The proposed amendments do not change the basic visual appearance of the residence as seen from Watson Divide Road, an established scenic view protection area. The revised residence is sited almost identically to the previously approved structure and the proposed Gym Pavilion is within the established Activity Envelope and outside of the required setbacks. (2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and Response: The proposed development will remain as asingle-family residence. (3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and Response: The proposed development will still utilize the prior approval allowing an 8,250 sq. ft. single family residence in an established Activity Envelope. The redesigned residence, including the gym pavillion, will only use 5, 647 sq. ft. of FAR. The remaining FAR will be available for future expansion, subject to the required Pitkin County approvals. The architectural style and the exterior finishes are not changed by this application. The proposed landscaping plan is also unchanged and is consistent with the approved vegetative screening plan. The amendment will have no visible effect on the scenic view as determined from the previous approvals. (4) Does not constitute a new land development activity; and Hedges Property: Minor Amendment to a Development Permit Page 2 5 March 2008 QOQY~O Response: The proposed amendment does not constitute new land development activity. A single-family residence has been approved for this property, and this application is proposing only to modify the footprint and allow a detached Gym Pavilion. (5) Does not increase off-site impacts in the surrounding neighborhood; and Response: The proposed single-family residence will not increase off-site impacts in the surrounding neighborhood. An 8,250 sq. ft. residence has already been approved. The requested amendment reduces the floor area on the site to 6,540 sq. ft. (6) Does not endanger the public health, safety or welfare; and Response: The single-family residence will not endanger the public health, safety, or welfare. (7) Does not violate any Land Use Code standard; and Response: The proposed development complies with all applicable standards in the Pitkin County Land Use Code. The proposed modifications will have no additional visible impacts upon the scenic view from Watson Divide Road beyond what was previously approved. (8) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and Response: The proposed modifications will not incur additional requirements for parking, utilities, or affordable housing. The residence will be less than the 8,250 s. f. allowed on the site as approved in Determination No. 19-2004. (9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. Response: The proposed amendment reduces the floor area from 8,250 to 6,540. See Floor Area Calculation on the revised Floor Plan (A2.1). 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CO 91611 '°""' AND A SSOCIATES Al/ J ~ ~.`.r ~.... ua ~n N wu w cyan uIImN tNf WeiA M ~~e rF W 0 0 c c r cst x m m ~ __. ._._. --- I i ~ ~~ ~~ ~ ° a i rn / m A S I [- ~ ~ ~~ D Z ~ Fm I ~ ~ ~__. - .~ \ I'\.. / i , ~- _'\ \ Oro I °z - -_ - __ _ \ --~ ~ ~ ~ A m A ~~ N ~~ ~ 2 I __" i I ~ I I m ~ Z ~ ~ p ~ I ~ I I O / D O I i / / ~ I ~ ~ I I o ~' ~ I F I -_- PROPERTY LINE I_______________ ___ ______, i I _..-..-..-..- . _____..-_- _ - _ i ..-__.S .._.. -. -.._..__, ~:en_ ` _. ~ >s s / ~ / rl I I ~ I I _ .._. ~ ~ i0I ii I I I I ~- - -"-~ _..- PROPERTY LINE __ . - . I ~ i \ - L_ ~ ' ,..~ ~ ~ J f . ~ ~ -- - - -_ ._.._.._ . _ ~ T, J I I L------------ - , l ------'------ - -`----' I,,. Pf1 ~,y HN -1 ~ \ ~I o bpi rD N ~ ( _j ` ~ p i ~ < ~ y y ~~.. L1 ~ O ~ ; ~ 2 m i < O ~ ,m^ m m Znm i ~I \9~~ ____ - , •II ~ - - __ I, O ~ ~ ~ _ _ ~ __ - ____ - I ( _ V ~ \ 0 ~ ~ ~ _ ' - I~ ~. 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BQ B6 qi C9 C;. ttJ rn p G 1 i m y ~ yy^ -'/ ~.: ~_ ~`~ ~ \~ ~ ~ s ~\~ °m ",~\\ \` ~~~. i i %. i i ~~/ t ~~ , r'I I a d: i .. ~ 8~ ~ ~ ~' ~ ~ ~ '. _.. ____ a" =._T_'-_.:JROP8MNa1tE~ s.:`~_ _ __:._ _. _ - '. I _ _ ; -~ I ~ JL., II.-i i i i i ca i i i t IL . ' ~ ~ ~ IL ~ ~ ... I' w ~-" ~n..o.,.. ~ .... ,' n 3 3 m 7 h RECEPTION#: 545316, 12/28/2007 at 11:04:53 AM, 1 OF 3, R $0.00 Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DETERMINATION OF THE COMMUHITY DEVELOPMENT DIItECTOR OF PITI{IN COiJNTY, COLORADO, GRANTING APPROVAL FOR THE HEDGES SITE PLAN Administrative Decision No. ~(pj2007 RECTTALS 1. James R. Hedges (hereafter referred to as "Applicant") has applied to the Community Development Director of Pitkin County ("Director") for Site Plan approval with Vesting. 2. The property is located at the top of Watson Divide Road, and more specifically described as Exhibit A. 3. The property is caned RS-30 PUD and contains 6.14 acres. 4. The Hearing Officer approved the 1041 hazard review for this property in 2002 pursuant to Hearing Officer Determination No. 36-2002. In 2004, pursuant to Hearing Officer X De[ennination No. 019-2004, the parcel received special review approval to become a TDR `~ receiver site for additional floor area up to 8,250 square feet. Subsequently the parcel ~- received a Reinstatement of Vested Rights pursuant to BOCC Resolution No. 090-2007. 5. The Director finds this request is consistent with [he requirements of the Land Use Code: l~ APPROVED by the Director, subject to the following conditions: 1 I. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider [hose representations [o be conditions of approval, unless amended by other conditions. 2. .Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12 The above referenced approvals shall be a condition precedent to ~ finalization and recordation. T 3. The Applicant shall comply with Hearing Officer Determination Nos. 36-2002 and 19- 2004, and BOCC Resolution No. 090-2007. r S 4. The Applicant shall comply with the following general conditions regarding wildlife: A, Fencing is prohibited. B. No livestock or horses shall be allowed on the property. C. A vegetative screen shall be planted on the north and east envelope boundaries. The screen shall be planted with trees of sufficient height (approximately 12- 16') and density to provide a screen for disturbance of wildlife. A vegetative screening plan shall be submitted prior to any excavation or construction on site and be reviewed/approved by Community Development. D. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure. RECEPTION#: 544871, 12113/2007 at 03:17:42 PM, t OF 2, R $0.00 Doc Code ADMIN DECISION O~a~i7 Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 545316, 12/28/2007 at 11:04:53 AM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO 5. Statutory vested rights for the approval contained 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, § 2-20-] 70 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on November 21, 2010. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION OR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the jJ3 day of~, 2007. APPROVED by the Director, this ~ day of ~rwtgD.007. ~~~~ ~~ Cindy Houben Community Development Director PID# 264501300 ] Ol PO81-07 OOOU?8 RECEPTION#: 545316, 12/26/2007 at 11:04:53 AM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO UtC, ll. ZUUj 1U:35AM YI'KiN GUUNIY I11Lt Nu.4Ubb Y. } P.., .COUNTY TITLE EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated In the NW i/4 SW 1/4 and the NW 1/4 SW 1/4 of Section 7 end the NE 1!4 SE 114 of Section 2, all in Township 9 South, Range 86 West of the 8th P.M. Pitkin County, lying Southerly of the East West centerline of Section f and Northerly of the Northerly Flight-of--Way line of a 20' roadway as constructed end in place, said tract being described as follows: Beginning at the comer common to said sections 1 and 2, said comer being marked with an iron post and brass cap found In place and properly marked; thence N 69°59'05" E 270.04 feet; thence S 00°00'55° E 414.40 feefi theme 5 53'16'21" W 95.60 feet; thence S 26°54'16" W 127.90 feet; thence S 03'27'50" E 325.44 feet; tF~ence N 82°06'45' W 180,18 feet to a point on the Northerly line of said road; - - ----. ----.-__ -__ __ _ ___ _ thence N 16'18'12' W 26.94 feet along said road; tYience 165.88 feet along the arc of a curve to the left having. a radius of 124.43 feet (the chord of which bears N 54'24'53" W 163.71 feet}; thence S 87°26'23" W 80,45 feet along said road; 1Fience 144.67 feet along the arc of a curve to the left having a radius of 90.16 feet (the chord of which bears 5 41°28'18" W 129.64 feet); Itrence 6 04°29'47" E 106.53 feet along said road; thence 65.44 feel along the arc of a curve to the left having a radius of 230.60 feet (the chord of which bears S 12°37'38" E 65.22 feet}; thence S'20'45'24" E 29.17 feet along said road; thence 73.78 feet along the arc of a curve to the right having a radius of 28.25 feet (the chord of which bears S 54°D3'31" W 54.53 feet); thence N 51°07'35° W 49.23 feet along said road; thence 61.12 feet along the arc of a curve to the right having a radius of 115.54 feet (the chord of which bears N ?5°58'20' W 60.41 feet); thence departing said road N 09°34'25' W 210.91 feed thence N 01'39b6' W 121.71 feet; thence S 89'43'08" E 445.97 feet to a point on the Section line common to said Sections 1 and Z; thence N 00°02'08° W 693.00 feet along said Section line to the comer common to said Sections 1 and 2, the POINT OF BEGINNING. l'OGETHER WITH easements as defined and described in Easement Agreement recorded September 19, 1986 in Book 519 et Page 231. TOGETHER WITH easement as defined and described in Easement Agreement recorded .200_, as Reception No. 4 1,1~111~1 0g~3o Dom3,'ia ~11111~111~01~111~1111 R 0.0 11111~~Ii11,I,tItKrN GtlJ 5 00000~~ ~00~~g RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO, APPROVING THE LAROSE REQUEST FOR A REINSTATEMENT OF VESTED RIGHTS Resolution No, 0!0.2007 RECITALS 1. Thomas LaRose ("Applicant"), has applied to the Soard of County Commissioners of Pitkin County, Colorado ("BOCC") pursuant to Section 2-20-170(d) of the Pitkin County Land Use Code ("Code"), For a reinstatement of vested rights for Hearing Officer Determination Nos. 36-2002 and 19-2004. 2. The property is located at the top of Watson Divide, and is mom specifically described in Exhibit A. 3. The property is zoned RS-30 PUD, and contains 6.142 acres. 4. The Hearing Officer approved the 1041 hazard review for this property in 2002 pursuant to Hearing Officer Determination No. 36-2002. In 2004, pursuant to Hearing Officer Determination No. 019-2004, the parcel received special review approval to become a TDR receiver site for additional floor area up to 8,250 square feet. 5. Tha BOCC heard this application at a public meeting on August 8, 2007, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the request for a reinstatementof vested rights complies with Standards ofthe Code, and that substanfial public benefit in the form ofa conservation easement for open space has been granted to the County. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that they hereby approve the LaRose request for a reinstatement of vested rights subject to the following conditions, which shalt run with the land and be binding on all successors in interest. 1. The Applicant shall be subject to the 2006 Pitkin County Land Use Code, as amended, in effect as of the date of this approval, In particular, the Applicant shall be subject to the Standards for Development Within Scenic ViewPmtection Areas. 2. The Applicant shall comply with Hearing Officer Determination Nos. 36-2002 and 19-2004. 3. Housing, road and other applicable impact fees shall be calculated at time of building permit. 4. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin Couni Land Use Code and Colorado Statutes, subjcct to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on August 8, 2010. RECEPTION#: 541438, 08/28/2007 at 03:08:47 PM, 1 OF 3, R $0.00 DOC Code ItE$Ot..U710N Janice K. Vos Caudill, Pitkin County, CO 000030 PUBLLSI3ED AFTER ADOPTION F~~TED REAL PROPERTY RIGHTS in the Ashen Times Weekly on the[ day o 2007. ,Jones Clerk APPROVED on the 8th day of August, 2007. AS TO FORM: John Ely, ~_~+_` mey PID# 264501300101 P081-07 BOARD OF COUNTY COMMISSIONEI OF PTTKIN COUNTY, COLORADO t sy ichael Ows ey Chaer Daie~~~ f~ APPROVED AS TO CONTENT: Cindy Houben, ~-- Community Development Director 000031 e OtC. ll. LVlli lU'.gRf4t Y~1W LUUf1iY Illit "' IVU.4Vbb Y. j ~. P'. .,1N cflUNTY TITEE EXHIBIT "A" LEGAL DESCRiPT10N ' A bacf of land situated in the NW 1/4 SW 1/4 and the NW 1/4 SW 114 of Section 1 and the NE 114 SE 114 of Section Z, all in Township 9 South, Range 86 West of the 8th P.M. Pitkin County, lying Southerly of the East West centerline of Section t 1 and Northerly of the Northerly Right-of-Way line of a 20' roadway as conshuated and In place, said tract beir>g described as followsc ~ Beginning at the corner common to said secdohs 1 and 2, said comer being marked with an iron post and brass cap .found in place and properly marked; I thence N 89'59'05" E 270.04 feet; 1 thence 8'00°00'55° E 414.40 feet; thence S 53'16'21" W 95.60 feet; r (hence S 26°54'16" V+/ 127.90 feet; trience S 03'27'50" E 325.44 feet; ' i thence N 82°06'45" W 160.1 B feet fo a point on the Northerly fine of said road; -- - -- --- . _ _. ~ __ ~ thence N 16°16'12• W 26.94 feet along said road; thence 165.68 feet alang the arc of a curve to the IeR having. a radius of 124.43 feet (the chord of which bears N ~ 54'24'53° W 153.71 feet}; - ttienr.~ S 67°26'23" W 80.45 feet along said road; thence 144.67 feet along the arc of a curve to the left having a radius of 90.16 feet (the chord of which bears S 41°26'18" W 129.64 feet}: thence S D4°29'47" E 106 53 feet along said road; thence 65.44 feet along the arc of a curve to the left having a radius of 230.60 feet (the chord of which bears S 12°37'38" E 65.22 feet); thence 8'20'45'24" E 29.17 feet along said road; thence 13.76 feet along the arc of a curve to tite right having a radius of 28.25 feet (the chord' ofwhich bears S 54°03'31" W 54.53 feet); _ thence N 51 °0T35" W 49.23 feet along said mad; ittence 61.12 feet along the arc of a curve io the right having a radius of 115.54 feet (the chord of which bears N a5°58'20" W 60.41 feet); thence departing said road N OB°34'25" W 210.91 feet; thence N 01'39'08" W 121.71feeh, thence 5 69°43'08° E 445.97 feet to a point on the Section line common to said Sections 1 and 2; thence.N 00°D2'08" W 693.00 feat along said Section line fo the corner common to said Secliorts i and 2, the POINT OF E3EGiNNING.- - _. TOGETHER WITH easemerris as d2frned and described in Easement P,greemeni lecorded September 19, 1986 in Book 519 at Page 231. TOGETHER WITH easement as defrned and descrbed in Easement Agreement recorded . 20D~ as Reception No. b Pa901 z00a 0a:ttP o e.e0 R 0,00 pIIKIN COUNSY c0 SILV iP ap,V15 aoouas oo~oos? I ~i ~ 4539313 IIII VIII III~~IiIII 111111 VIIII~I~II ~I I~III III III P~~Ot l2FV4 i)3 7:. .+t 1,A'~.',TIOA Ot! ~I'IIL:I(4:ARL~'(: OI^FICI':R t)h hIIIC (()kl~iLAI"i l' DFVt.LUI'\71'.A C .~.tR~r>n~:a~~r of rrrxu t~oti.~~~rv, rtn_r1R,ux1, ArrRin 1~t; rrn? 1_.-~R<~sl~: st~h.cr:~1, RL':1-'I[;~V ,AND (~D1Q5 L\I?k1P'I'1O;A FOR GS1~. O1'<):VE "I'DR [~(llt AUDI'C1U\`.AL, ['LOOK 1Rh~~ Rcnulutiun,A'o. ~~ -?OU~1 RFCIT:V 4 1. l' hoinas I_aRosc (";Applicant ~1 has applied to the Pitkht C'nunty Ynmd of Cotmtq C'nnunissioners ("[1Ck:C"1 (or special review appnival and G~1(,i5 eermption fa' a lhh recei+rr site. in order ki utiliic one'I~DR for additional (leor area. 2. '1 he prrir.rty is located on AVaison pivide Road and is more spccilically described in Fshibit ,_~. 3 The l,ttupcrty is zoned RS-30 PUD and is 6.142 acres in size. 4. 1'he parcel received 1041 Hazard Keview and Cnncepllial Submissirnt approval on Septentbcr 1 7; 2002, pi.irsunnt to Ilcaring OFficcr Determination Ao.3G-2002. 5. The I tearing Officer heard this application at n duly noticed public hearing on.lune 1 ~. 2004 and at rvhich time evidence w1d testimony were presented with respect to this application. !i. l~he Ilcaring Officer determined that the proposal use of one "CDRfor additional square: foota_,e is cousistent+vithfhe special review criteria for a TI>R receiver site, and that the proposed dmvclopmcnt othene~ise complies ++ith the applicable provisions of the Land Use Qxlc. :\OW TIIIsIZLI'ORE Bh IT t2LSOLVI:D by the I'itkiu Counh• Cnnununity [)eyclnpment l learin~ Officer that he does hereby approve the LaRoso Special Revie+v and G~IQS Exemption {or the use of one'IDK (or additiatal tlner area tin a maximum o1 3;250 sq. 1't. 1. ~~he Apl,llicant shall comply ++hth the provisions of Flearing Officer (7eh'I'InillatlUO A'o. 36-2002, unless oiher+vise replaced oramencicd by the conditions of this approval. 2. ,4t time of buildin<~ permit submittal, ,Applicant sl'iall submit to Qnnmunity DevelopmcnC one executed, irrevocable certificate of a 1 UR and a recorded decd evidencin, the sale nr transfer of the certificates to the lot o+yner - =. Prior to submission of a building permit, the Applicant ,hall decd restrict the property in a form ^cceptnble to Community Develnpmcnt mul the County Attorney such that a) the heighT of the principal residence shall be limited to a maxinunn of 25 feet to the peak of any roof, and 21 feet to the midpoint of any root; as calculated at time of bolding permit. b) the pi incipal residence shall be limited to one-story above Grade, with a maximum floor aria of 6.500 sy. iL. above grade. 'llro remaining 1,759 sq. ft shall i]c below trade as calculated at time of Luildina permit. c) the floor area rnt the parcel shall he limited m 8,250 sq. ft. OODU33 ~ ~IIII ~~~II ~~ ~~~ ~' ~~~, ~ (.~! (!~~ ~ I ~~~~~ I'~ ~~) ~},~ 43.,.4 ~ _ ::~ J I Rui!+iines ~~Ih.r ih::n tlw primary ;i.id;~ncc and a dcuich~d ~;:ru_c aru pmh;i:itud on the parGUl. ~ 1 The residrnce shall viili~c pmd~+minately natural building nu+trrials:nni cx~n~iur colors that ;u-e rc+sonahly c~+nssruons with the anrouuding area. Aun retlccfive root nuneriaLs shall he used. Il In nrdrrto mmimizc the impact ui cUdrior li_htin ~, all cstcriur lightim~ shall c<nnply ++ith the Pitl:in Gninty Lund 1 he. llulc. In addition., there shall be. rot li«hting ~ d~:mv outdoor improvements Daher than (,i 1 holiday lighting and (iil lighting ~ ~i`the priuwp' residence. ga>••a~e and dccks,patiis and walkxa}s- Iiolidav Iiehung and Ilahtin~ oftlic princiry residence. garuee and decl<s'Ivatios :rod ~.~alk+~nye shot I comply with ;ill applicable standards ofihe Pilkin Cewny I and tlsc Cade. R~r example. there shall 6e no li ~htin~_ of riding arenas, su inuring pools (other than andcncatcr lighlin,~), tennis courts. etc ~) 'fhe southerly halfol'ihe building envclripe as depicted on the (icrhaz 1041 Site Plan (Hearing OCficcr Determination A'o ZG-ZOO') shall be amer.dad n, chow the sowhe!~L~ half of the em-elope ns an accessory envelope, which wit l prohibit the development of aoy above grade impro~umrnts wher than Counh epprovni Iencins and Inndscapine. h I l'he recorded deed restrictions shall 6c submincd :a time of building permit submittal. 4. ;\s noted m the 1041 apprrn;al, the Applicant shall submit a I:uuiscapc plan to be approved by I'itl:in County Contnumity Dcvclopment. i. Prior to the issu;vue of a building permit, the :\pplicunt .hall provide to Open Space and Trails (OS~@T) and the Caunt~~,Attorney's oifce a botu+dars~ and improvement survey, a comm~it+ment Cor title insurance Cor revie~m before ncceptin~~, and a deed Cor the easement donation (the overlook). The Applicant shall also pravide an improvement and maintenance plan Cor the overlook to be reviewed and approved by t7S~Ktl'. If a bond is required by OS~Ct'I~ for the proposed improvements for rho ovcrloak, it shall he set by OS&'f at time of approval of the plsn. (, l'hc Lwilding envelope as depicted on the Gerbaz 1041 Site Plan (I-icaring DcC A'o. 36-20021 shall be amended to include a development envclepe for the planned improvements on the portion ofthe parcel to be donatrd as ;m caxment to Open Space and lYails liar a lookout. ?. Prior to the issuance efa Certificate of Occupancy, upon approval 6'om Holy Cross and the hvo property owners to the east, and subject to reasonable expense (no more than 535.0110), the Applicant shall bury the overhe.+d power line from the edge of subject parcel to the far eastern bouudmy o1 the ~larquand parcel. 3. Stntutnn~ vested ri phis for ttir approval contained herein arc granted pursuant to the Pitlii» County Lund Use Cude and Colorado Statutes, subject to tha exceptions set forth in Pitl:in County Land Use Cade .s, d-140 and (". R.S., § 34-[uFi-105. The statutory vested rights erantcd herein shall expire on lone 15, 3007 OUOU34 illlllllilllillllllliillllil1~11111~1111111111111111111©0990 0 4o©a t,r >.~wn _FVts NO"hlCl: OF PUI;L.IC HI?,1RINi; P['13LISIILD 1,A' llll? :1SPP]1 "I1111CS Vl f,[sKL.Y vm the 11'PROVIiU ON "hFt ii I S hi t U:~Y OF J IiNI? ZOlid. PUftLISIIED AF"fER ADOPTION FOR V~S1'fiD REAL PROPGK"Cl' R[GII'CS in the Ashen Time> lVcckly un thc~(~ day of ~~, 2004. CtJ\T \1I;~I7 Y DG V FLOP\1LN'1' DEP:1R'iD9ENT Hl.AR~G OPIICLR OF PITKP.v COINTY. COLOIL1L~O .1'I'"iE5"1: -~~ -Y-~- .lams "haylnr, Administrrtive ,\ssstant /~, /- ~ .Inures R. 1"rue, Hearing OCtlce.r Date _.1G~2.Z, "7 APPRc~V~D \S TOPOIL'\1 .lobo Lly, County A 1300101 \I'PROVPD AS TO CONTENT': ~`l~:h?~lC- Ciu y {ouben, Community llevclupmcnt Director OUpU35 EXHIBIT "A" LEGAL DESCRIPTION A tract ci land situated in the PdIN i/4 SV/ i/4 and the N6N 1/4 SV/ 1I4 of Sadion 1 and the NE 1h? SE 1/4 of Section 2, all ~ in -i'o`~dnship 9 Souih, Range z6 `Nest of tFie cth r^.1.4. Pitkin County, lying Southerly of the E;s'-'+V_st centerline cf S~ct~n 1 1 and No~~7erly of the Northerly Right-nf--'.Nay iir.~a of a 2D' road~.vay as conshucted and in place, said traC! being de_<crib•ad as follo~+'s: oeginning at the corner common to said s =crions 1 and 2, said corner being marked ~+^;th are iron post and brass cap found in place and properly marked; I thence N 89°59'05" E 270.04 feet; I thence S 00°DO'S5" E 414.40 feel; thence S 53°16'21" LN 95.6D feet; ! thence S 20'°54'16"!?J 12290 feet; ~ th•ence S 03°2750" E 325.44 felt thence N 82`x3'45" VJ 160.16 feet to a point on the Northerly line of said road; - -- -- __ thence N 16`16'12" W 2"0.94 feet zlong said road; thence 1 fi5.66 feet along the arc of a curve to the left having a radius of 124.43 feet (the chord of vfiich bears N 54°24'53" W 153.71 feet); thence S 87"26'2_3" W 60.45 f°et along said road; thence 144.67 feet along the arc of a curve to the left having a radius of 90.16 feet (the chord of vehieh bears S 41°2'0'16" VJ 129.64 foot): thence S 04°29'47" E 106.53 feet along said road; thence 65.44 foci along the arc of a curvs to the lert having a radius of 230.60 feet fthe chord of which bears S 12°3736" E 65.22 feet); thence 5 2D°45'24" E 29.17 feet along said road; thence 73.78 feet along the arc of a curve to the right having a radius of 28.25 fee[ (the chord of ~.vhich bears 5 54°G3'31" VV 54.53 f-ref); _ thence N St °0T35" W 49.23 feet along said read; thence 61.12 ieet along the arc of a curve to the right having a radius of 115.54 feet (the chord of which bear; N 3.5`58'20" W 60.41 feet); thence departing said road N 09°34'25" bN 210.91 feel; ihonce N 01°39'06" W 121.71 feet; thence 5 69"Q3'OS" E 445.97 fec-t to a point on the Section tins common to said Sections 1 and 2: thence N 00°07_'03" `N 693.00 f_et along said Sadion line to the corner common to Bald Sections 1 and 2, the POINT OF EfEGINRJING. TOGE T i~ER 119TH easements zs defined and described in Easement P,greement recorded Sap!ember 19, 1906 in Gook ;i19 at Page 231. TOGETHER Vv'ITIi easement as defied ar~d described in Easement Flgreemenf recorded _ _, 2D0_, as Reception No. "„' x99313 a '1,t",t,,,"t~'1,,,'t~uNTY CO t", ~q OPVi 51'- ' 00003 S'earin~ Orficcr .9ercrm;r;e ar 1'u _;;(~-280; 1111111 If III II~III IIII~ ~`I~I ~II~~I ~I~~I ~I~ III~I III I~~I 4`y 2 OU ° Page I ~ ©~'Zoi2002 f9 L"ER a SILV;a DaViS at iAiN ~OVNiY CO R 0 00 n 0.0p DETERtiLINATION OF THE HEARING OFFICER OF THE CO'.VIA1Lti1TI' DEVELOPDIENT DEP.ART.VIENT OFPITI:IN COU?v`TY, COLOR4D0,:1PPROVING THE GERBAZ 1041 H4ZARD REVIEW .4ND CONCEPTUAL SLBRIISSIO;V, AN'D DENTING SPECIAL REVTE VJ FOR 4 CARET.4I~R DV~'ELLING UNIT Determination No. 2002 RECITALS I. James E. Gerbaz ("-4pplicant') has applied to the Pitidn County Hearing Officer ("Hearing Officer°) for 1041 Hazard Review, Conceptual Submission and Specia] Re~~ew approval to establish a building envelope for a single family residence and a caretaker dwelling unit. 2. The parcel is located at the top of Watson Divide at the base of Williams Hill, approximately 1 mile from Highway 8?, and is more specifically described m Exhibit.4. 3. The property is zoned RS-30 and contains 6.142 acres. 4. The property was created by a District Court partition, Case No. 85CV 178. The BOCC consented to the partition, subject to compliance with certain provisions of the Land Use Code. ~. The parcel is exempt from growth management up to 5,750 square feet of floor area, as a result of the partition, and has not merged with adjacent properties. 6. The Hearing Officer considered this application at a drily noticed public hearing on August 20, 2002, at which time evidence and testimony were presented with respect to This application. 7. The Hearing Officer fmds that the building envelope is located on slopes of less than 1 ~°/a, and that the wildfire hazard is rated as medium and can be mitigated 8. The Hearing Officer fiuther fmds that the proposed building enve]ope is not located within mule deer or elk winter concentration areas, and while the envelope is within an ell: migration corridor, the development will not block the corridor, and, therefore, is not prohibited by Section 3-80-080(D)(1) of the Land Use Code. 9. The Hearing Officer further finds that a caretaker is not appropriate and is not consistent with County Land Use policies, the intent of the zone district, and the character of the surrounding area, given the critical wildlife habitat in the surrounding area. NOW THEREFORE BE IT RESOLVED by the Pitl:in County Community Development Hearing Officer that he does hereby approve the Gerbaz 1041 Hazard Review and Conceptual Submission, subject to the following conditions, which shall run with the land and be binding on all successors in interest: Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Si[e Plan to the Cot.-ununity Development Deparunent for approval and recording. The site plan shall also be submitted in digital format for integration into the County's GIS s}'stcm. Them}•lar cop}' of [he site plan must be signed by the owner prior to submittal for recording. ?. Prior to submission of a septic permit for the residence, the Applicant shall provide documentation of an adequate quality and quantity of wa*.er to die Em~ironmental Health Deparmtent. OOJ037 Hear;ng C>ITc~r,J~:erm;ncr;c;r, 1'0. '~~-_' 1. ? ~ I ~ VIII III1I II1~I) ill (I VIII III 'III o ~ o~z~ Oz ere ©aa Pave 7 T I ~II~~~ III VIII I l i I ~' 0 s: _v:a oava a; ~r, .-e ceurcr ^_o a e-tea o a ee 3. Prior to submission of any building permit applications, the Applicant shall: A. Obtain an access permit for the tirivew•ay, which shall be approved by the County Engineer and the Community Development Department. The Applicant shall provide doctnnentation of access through the adjacent properties with the access permit B. Obtain fireplaee(woodstovepcrmits from the Community Development Department, if necessary C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D, Submit a Traffic and Parking Management Plan in accordance with Section 4.01.G1(C) of the 2001 Pitkin County Assets Management Plan, for review and approval by the County Engineer. The Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of--way. 2. Prior to issuance of any building permit applications for the residence, the .Applicant shall: A. Pay the applicable road impact fee. B. Obtain approval of a septic permit from the Environmental Health Department The system shall be located within the approved building envelope, and must comply with the setback requirements from surface and groundisater sowces. A qualified professional en, Weer must desiert the system. 3. The Applicant shall comply with the following measwes to mitigate impacts to wildlife: A. 'Dogs shall be prohibited. -- B. Exterior construction activity shall be prohibited from December I until April 1?. C. Native vegetation shall be maintained outside of the building em elope, except to comply with rite required wildfire mitigation. D. Provide waste storage that complies w•itb BOCC Ordinance No. 010-2001. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. E. Avoid fruit-bearing trees and shrubs in any landscaping. F. An orange safety fence shall be histalled around the building site to prevent any unnecessary vegetation distwbance during constrvction. The fencing shall remain ht place until issuance of certificate of occupancy. G. Fencing shall be limited to the building envelope except where necessarv for Gvcstock retention. Existing fencing outside of the building envelope shall be removed H. Horse hay shall be fenced at the owners' expense with 8' mesh game proof fencing. I. Landscaping should include sigrrificant vegetational screening on the north, east, and west sides of the building em•elopes to n'iurinuze the effects of increased human acuviry on wintering mule deer and ell: and protect the integrity of the uvgration corridor. 7-his should be done according to a landscaping plan approved by the County. S. The Applicant shall comply with the following wilafue mitigation standards: A. Rri[hin 1S of all structures, maintain vegetation at a height of 6" or less with mowed grass, low growing perennials or hardscaoe. R'oody vegetation shall not be planted within this i perimeter. B. Maintain mowed lawn within 30 feet of all structures. C. Within 100' of all structures, create clwZtps of sage by moving or removing the plaztts. The maximum diameter of remaining sage clumps shall not exceed 2 times the height. Spacing QOM"~~~? - fi'earr.~ C~%j~cer Determa.~,.. ~•r~.A`n. ,t.-~0~1 U.~`5'C J' I I I I II I I I I I ) ~ ~ III I II I I II >; ~V , :q J ! ~Vi i ' I 'r: -5iN ~~ { Il~~~ NOUN?Y ~D I I R © li 00 ~t t~ serzs. rc~z o9 oaa D 0 CO beriveen clumps shall be 2 `ri rims the belch[ of the existing ~~u_~etatioa Grass shall be the dominant plant gro~3~ng is the spaces between clumps. D. Roofs shall have anon-combustible roof covering on a Class A zssembly. Rood shake/shingle roof coverings aze prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 1~'ildfire Areas unless they comply with the following: 1) .4ll roof coverings shall be noncombustible materials as defined in the Uniform Building Code (tJBC) 1997 Section li04 and installed ou a Class A raof assembly. ?) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall faclitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 1 ~ and shall have a minimum slope of 1:48. 5) A]l roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marsha] prior to submittal of a building permit application. E. Vents shall be screened with corrosive resistant Mire mesh with mesh '/. inch maximum. F. Roofs and gutters shall be kept clear of debris. G. Yards shall 6e kept clear of all litter, slash, and flammable debris. H. Aft flammable materials and firewoodlwood piles shall be stored on a parallel contour a minimum of li feet away from any structure. I. Swvnming pools or ponds shall be accessible to Fire Department vehicles. J. Fences shall be kept clear of brush and debris. R. Wood fences shall not connect to the structure. L. Fuel tanks shall be installed underground tiith an approved container. M. Propane tans shall be installed according to NFP.A 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tanl: shall be constructed with materials approved for 2 hour fire-resistive construction on [he exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fue extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked µsth 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. P. New utility lines shall be buried ~;ithin the driveway. ~. The development shall comply with all of the codes and requirements of the Aspen Fire Protection District. 6. Exterior lighting shall comply tdih the County's lighting regulations in effect at the time of installaCion No development, including grading, excavation, fill placement, berthing, landscaping; vegetation removal or disturbance, well or septic system shall occur outside of the approved building envelope. Construction, staging, parking, utility and driveway extension and maintenance shad occur vti~thin appraved braiding envelope or the access driveway. 8. All areas disturbed by construction shall be revegetated with native sluubs and ~~rasses to limit ~jater consumption and additional runoff within one ~ o~;ing season of the project's completion. 9. The property' shall be limited to a maximum of ~,7~0 square f et of floor area exempt from growth management. ODUU39 ~L'~'L'7-)I]V l~i Cu.` ~i iB'')r:;li<:7:(At :~0. _nt- _Ilr~ i ~~~ II I~I I II I I II~~ IIII II I ~ I[I ~I 1~ I I~I I~I 9~ 5/200Y 05 5:~:'tP pAVtS Pi TN?N COJNTY G~ R 0 00 0 8.00 10. The .4ppiicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of aporocai, unless' amended by other conditions. 11. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitldn County Land Use Code, § 4-140 and C.RS., § 24-68-10~. The statutory vested rights panted herein shall e~:pire on September 17, 2005. BE IT FURTHER RESOLVED by the Hearing Ofilcer that he does hereby deny the special review request for a caretaker dwelling unit. NOTICE OF PUBLIC HE.4RLNG PUBLISHED IN THE ASPEN TIMES R'EEItZ.l' on the 20~ day of July, 2002. APPROVED ON' THE _17`" DAY OF September, 2002. PUBLISHED AFTER ADOPTION FOR VESTED~OPERTY RIGHTS IN THE ASPEN TIMES 1VEEIcT,Y ON THE DAY OF rn~-eA~, 2002. CO.tvIMLINTTY DEVELOP?t~NT DEPARTMENT HEARLNG OFFICER OF PITKIDI COUNTY, COLORADO ATTEST: % / ~ ,> Isabel Calderon, Administrative Assistant APPROVED AS TO FORM: - ~~---- John Ely, County Fo61-02;FIDE?u450130010I By - James R True, Hearing Officer Date ~~I?r`~`~- APPROVED AS TO CONTENT: Cindy Houben, Community Development Director BGR ODUU4O Aipine Sur+eys l11 uar'r. !fill ?t ^e!I Pat 01}1031 BOS t%( Asa en, CJICrLCC 2t 907 's.': ZE"c8 Maur 31. 1985 8~-=~ pa_as .. h~'STT~'.,Y :'4.1CT A T3.ACT OP LiuiD,SLTUA^'7 L'v T°`' NAP 1/6 S+9 1/l ANC T~ •. •~ 1/a sa 1/a of ssrTlaN 1 aatD TR:.' xz •1/4 s~ 1/d of • ~ 6ECTT-ON 2, ALL TN TC46145sIP 9 SOUTEr ~+'~~ 86 7iE5T OF TQ? tSTE P . 'M. , ' PIT!CCf7 COUNTY. Ct7L0;AD0. L"I'QG S00'IT•,:3I,Y • CF T°: $AST-"~?ST G~.'*1TS'ALTi1E OF 8?.'CTIOH 1 ANi N08T'-=9iv ~OF T...`~'-. NOItT~ALY RIGnT-OF-WAY I.11CE OP A 20 SOOT 7CCADtiAY . '' Aa CaNSTAIICT3D AND 1'i PLACS' • SAlr'1, T_g1+L7.' 7lE23TG D£SC~t2°=D . - •AS roLLaWS: •. . '' ~~ .. ~ EEG.LVNLYG A.T T.: 1/d' .CORxE.~ C02•tiOx TO SA_**~' SECTIaDTS • 1 1ND 2. SA7:D CDACtIR ~fi]'SG MAAGD S4IT3 AN • ~t0:S POST AND 8RAS5 CAP FOIIND Z74 ?LAS AND PROPERLY MAR2CDT T~TJ~ N 89•SO'0S" E 210.04 DoT; T9E*iC S 00°00':3" E ;414.40 !'~"'T; • T°~AC S 53.16'21" W :DS.BD FWT) TIC? 5 28°56'16' W 127.90 E'k',ET; _ :'5rr*TL'" S 03•Z7'S0" :25.44 P•-F.'"; TQ.TI7CY N 92.05'65" OP I8D.18 F_.T'-.T TO w ?02\T ON T~ NOAT;AL; LIVL 0* Sd.ZD RCS; ?e.:_' 7C N 16 ° In' 7.2 " R* 2 6. ° S 7'E7iT AS.GNG S~.I7 RO.SO ; T'.);-:7C.-•. 165.6e FEE^. +.'..ONG TL. AR^_ CF A C_`3V= T7 T~ T-=T ci~'7'~IG A P.ALIIIS Oa 124.43 E'4TT (T ~ ~a.Z,0' CF Iti/~ 7a=was x sa•24's_" w ls3.n F:.**Tf T~1~ 5 87.2E'23" w 80.5°_ !'S'ET .iLCSG 5:.=] 40:.07 TE?_r=1C 166.67 Fem.= dI.CNG C•rE AEC OF A C_'IiTia TO Tom? L. HP.~P'NG A Rr1r]T_Q9 0* 40.15 £*_*-. (T°E ~=oaa OF k't+.:C? L"TC..'+R3 S 41.28' 18" W 129. Ea e"s'r-.-..^_) ) • T.P_-'_TC 5 04°29'43" l0Q.53 x'~ Ai,C:7G 5:. y' AC.riC: TY:iG' 6:.44 FSY: a;.OxG TvE AP.C C,* a CURt2 TO T?* L_'FC sav2:7c ~ R~~.s~s as .3D • sD ~~' cT~, Ca3D c~ w~_c 3E:+R5 5 7.7.'37' 36" E 65.21 FEE.1 o~Qu~tl PeSe 85-:7 Oa~as May 71, 198 T~=.IC 9 20'45'24" E 2?.17 FS"c: x:C:JG 5;..'.0 ACa,L; T:s.^rC: 73.78 F*-~~'T ~:.c:7G ~* Arc cF A cav* Ta TS= ~: g,1t1'::IC A 3iA~~LS G£ 28.25 £..^_ (^. ~:? C'!CfiJ CI Fiz-Cs n;.i.$ 9 51.03']1' W Sd.53 £ ~:;7 Tv^iCa N 51'07135" tP 4?.2] S ~^ :i.GRG 5:.:.0 FCiu7; T82rYC,T 61.12 SIE'_' e1:.C:VG T~ ARC 0? .~ C~'7S TC : ~' iL',..aT Sn`7I\'G A t~Ai.OS Ot L' 3.5 ~ F.T"r.T r"'c = GQRD d£ i7St:C'a H&yeZS K ]S •58'20" W 60.41 PT--T:1; T.=:T~ CIw~!LRT~iG G:.I'J A^.:.D N 04']4'25" W 210.91 i~T7 T TRG.T :i 01.39' 08" W 121. 71 E^,'T; T~YC.T 8 a9.6]'OS" z ~4i.47 F'. TO A 70i:1T CA' Tom? 38C~'IOV ~'''ftL CCi".'."L?T TQ BAID S'cC^_IC.'S.TS 1 ANI] 2; T°.T:tCT_ 5 0Q•C2'Oa" W 693.00 F.'T_T A:.O:IG 5:,~ SEC"_`='Cr L~'~t*_ TO T=r. 1/4 CCRh~Q C~GM':ON TO S:u'Z7 SZr'IC1Q5 1.1~Y'il .2. '1'.°'_-' PGI:7^ OP HSCII'N.VG; CCIiTL'"`I~7G ,6.142 11[-~S, d6Cfr° Cs"C Y3SS. .1 000042 Attachment 5 ALTA Commitment For Title Insurance Fidelity National Title Insurance Company AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3~FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-wince@sopris.net TJ Davis-tjd@sopris.net Brandi Jepson-brandi@sopris.net Joy Higens-joy@sopris.net (Closing & Title Assistance) FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity Naiiunal Title insurance Cmnpunv tl911 Vin Kannnn Avmue.5uile ANI Irvine.CA Y'_6116SJ ~0~)1~43 Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TTTLE INSURANCE FIDELITYNATIONAL TITLE INSURANCE COMPANY, a Corporation, herein culled the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commihnent shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment ar by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever frrst occurs, provided that the failure to issue such policy or policies is not the fault of the Comparry. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WHNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. FIDELTTY NATIONAL TITLE INSiRANCE COMPANY ley. 'S ~-'~~ /i 1'1"1S1' ~ President ~~/~ ~ Secretary Countersigned: Authorized Signature FORM 27-083-66 (10/03) ALTA COMMITMENT - 1966 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. OOU045 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 8, 2007 at 8:00 AM Case No. PCT21185F 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposedlnsured: JAMES R. HEDGES Amount$ 2,850,000.00 Premium$ 2,482.00 Rate: Re-Issue (b) ALTA Loan Policy-Form 1992 Proposedlnsured: (c) ALTA Loan Policy-Form 1992 Proposedlnsured: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THOMAS C. LAROSE 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIIV COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Faz 877-217-3158 Toll Free Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. 0000~~6 EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in the NW 1/4 SW 1/4 and the NW 1/4 SW 1/4 of Section 1 and the NE 1/4 SE 1/4 of Section 2, all in Township 9 South, Range 86 West of the 6th P.M. Pitkin County, lying Southerly of the East-West centerline of Section 1 and Northerly of the Northerly Right-of-Way line of a 20' roadway as constructed and in place, said tract being described as follows: Beginning at the corner common to said sections 1 and 2, said corner being marked with an iron post and brass cap found in place and properly marked; thence N 89°59'05" E 270.04 feet; thence S 00°00'55" E 414.40 feet; thence S 53°16'21" W 95.60 feet; thence S 26°54'16" W 127.90 feet; thence S 03°27'50" E 325.44 feet; thence N 82°06'45" W 180.18 feet to a point on the Northerly line of said road; thence N 16°16'12" W 26.94 feet along said road; thence 165.68 feet along the arc of a curve to the left having a radius of 124.43 feet (the chord of which bears N 54°24'53" W 153.71 feet); thence S 87°26'23" W 80.45 feet along said road; thence 144.67 feet along the arc of a curve to the left having a radius of 90.16 feet (the chord of which bears S 41°28'18" W 129.64 feet); thence S 04°29'47" E 106.53 feet along said road; thence 65.44 feet along the arc of a curve to the left having a radius of 230.60 feet (the chord of which bears S 12°37'36" E 65.22 feet); thence S 20°45'24" E 29.17 feet along said road; thence 73.78 feet along the arc of a curve to the right having a radius of 28.25 feet (the chord of which bears S 54°03'31" W 54.53 feet); thence N 51°07'35" W 49.23 feet along said road; thence 61.12 feet along the arc of a curve to the right having a radius of 115.54 feet (the chord of which bears N 35°58'20" W 60.41 feet); thence departing said road N 09°34'25" W 210.91 feet; thence N 01°39'08" W 121.71 feet; thence S 89°43'08" E 445.97 feet to a point on the Section line common to said Sections 1 and 2; thence N 00°02'08" W 693.00 feet along said Section line to the corner common to said Sections 1 and 2, the POINT OF BEGINNING. TOGETHER WITH easements as defined and described in Easement Agreement recorded September 19, 1986 in Book 519 at Page 231. TOGETHER WITH easement as defined and described in Easement Agreement recorded June 3, 2004, as Reception No. 498340. OOOJ47 SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by the Public Trustee of the, Deed of Trust from :THOMAS C. LAROSE to the Public Trustee of the County of for the use of :NATIONAL CITY BANK original amount : $1,300,000.00 dated :June 11, 2004 recorded :June 11, 2004 reception no. :498575 2. Duly executed and acknowledged Deed, From :THOMAS C. LAROSE To :JAMES R. HEDGES 3. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 4. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the properly is situated) 5. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 00004 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded December 21, 1912 in Book 55 at Page 206. 8. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded March 28, 1896 in Book 55 at Page 483. 9. Terms, conditions, provisions and obligations as set forth in Grant of Right of Way for Access Road and Utilities recorded December 6, 1978 in Book 359 at Page 295. 10. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded September 19, 1986 in Book 519 at Page 231 and Easement Agreement recorded June 3, 2004 as Reception No. 498340. 11. Terms, conditions, provisions and obligations as set forth in Access Easement Agreement recorded February 9, 1988 in Book 556 at Page 634. 12. Terms, conditions, provisions and obligations as set forth in Determination recorded September 26, 2002 as Reception No. 472700. 13. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Plat of subject property recorded November 13, 2002 in Plat Book 63 at Page 25. 14. Terms, conditions, provisions and obligations as set forth in Well Sharing Agreement recorded June 3, 2004 as Reception No. 498341. 15. Easement and right of way as set forth in Ditch/Pipeline Easement Agreement recorded June 3, 2004 as Reception No. 498342. (Continued) OOOJ49 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions and obligations as set forth in Determination recorded July 1, 2004 as Reception No. 499313. o~~~J~ ENDORSEMENT SCHEDULE FOR OWNERS POLICY SELLER ATTACHED TO AND BECOMING A PART OF CASE NO: PCT21185F THOMAS C. LAROSE BUYER: JAMES R. HEDGES The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above ENDORSEMENTS: NONE REQUESTED For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Exceptions Numbered 1, 2, 3 and 4 will 6e deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ODUU51 ADDTI'IONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. D00~52 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO.81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE:PCT21185F/JAMES R. HEDGES J~J~~53 Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. ~0~~;54 Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We rewgnize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In [he course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our Internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguazds to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services [o you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may shaze your Personal Information with our affiliates, such as insurance wmpanies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • W agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform mazketing or other functions on our behalf; and • [o others with whom we enter into joint mazketing agreements for products or services [hat we believe you may find of interest. in addition, we wilt disclose your Personal Information when you director give us permission, when we aze required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out [o whom your Personal Information has been disclosed. Also, certain states afford you the right to request corzection, amendment or deletion of your Personal Information. We reserve the right, where permitted bylaw, to charge a reasonable fee to cover the costs incurzed in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 SantaBazbara,CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. W e apologize for any inconvenience this may cause you. OOU055 r 06 08 06:44p JAMES HEDGES 22 February 2008 Mr. Lance Clazke Pitkin County Community Development 130 S. Galena St. Aspen, CO 81611 Deaz Mr. Clazke: 2392638752 Mr. James R Hedges 3001 Tamiami Trail North Suite 302 Naples Florida 34103 Attachment 6 This letter is to certify that 1, James R. Hedges, give Stan Clawson Associates, Inc. permission to represent me in discussions with Pitkin County regazding the application for a Minor Amendment to the Development Permit for my property located on Watson Divide Road (Pazcel IDIk 2645-013-00-101). Please do not hesitate to contact me if you Gave any questions regarding this matter_ Their contact information is as follows: Stan Clawson, AICP, ASLA Stan Clawson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel (970)925-2323 _x(970)920-1628 OODU56 Very Truly Yours, Parcel Detail http://www.pitkinassessor.org/assess Att8Cf1R1Cflt 7 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tas Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial hnprovement Detail Land Detail ~ Photographs Tax Area 014 Account Number ', Parcel Number ! 2007 Mill Levy R011749 264501300101 58.757 Owner Name and Address ___ HEDGES JAMES R IV 3001 TAMIAMI TRAIL NORTH #302 - -- (NAPLES, FL 34103 Legal Description SUB:M/B SNOWMASS CREEK SECT,TWN,RNG:1-9-86 DESC: A TR OF LAND SIT 1N THE NW4SW4 & THE NW4SW4 OF SEC 1 & THE NE4SE4 OF SEC 2-9-86 LYING SLY OF THE EAST-WEST CENTERLINE OF SEC 1 & NLY OF THE ~NLY ROW LINE OF A 20' RDWY AS (CONSTRUCTED IN PLACE BGNNG AT THE ~COR COMMON TO SAID SEC 1 & 2 SAID ICO BR BR EING MARKED WITH AN IRON POST ~& BRASS CAP FOUND IN PLACE & (PROPERTY MARKED TH N 89 DEG ', _ _._ _.. ~59'OS"E 270.04 FT TH S 00 DEG ~00'S5"E 414.40 FT TH S 53 DEG I _. X16'21 "W 95.60 FT TH S 26 DEG O ~ i) U 5 7 ~54' 16"W 127.90 FT TH S 03 DEG 1 of4 07-Mar-OS 8:53 AM Parcel Detail http://www.pitkinassessor.org/assessor/Parcel asp?Accoun W umber... '2750"E 325.44 FT TH N 82 DEG '06'45"W 180.18 FT TO A PT ON THE NLY LINE OF SAID RD TH N 16 DEG 16'12"W 26.94 FT ALNG SAID RD TH 165.68 FT ALNG ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 124.43 FT THE CJORD OF WHICH BEARS N 54 DEG 24'53"W 153.71 FT TH S 87 DEG 126'23"W 80.45 FT ALNG SAID RD TH 144.67 FT ALNG THE ARC OF A CURVE 'TO THE LEFT HAVING A RADIUS OF :90.16 FT THE CHORD OF WHICH BEARS S 41 DEG 28'18"W 129.64 FT TH S 04 DEG 29'47"E 106.53 FT ALNG SAID RD TH 65.44 FT ALNG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF ', 230.60 FT THE CHORD OF WHICH BEARS ' S 12 DEG 37'36"E 65.22 FT TH S 20 45'24"E 29.17 FT ALNG SAID RD TH 73.78 FT ALNG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF FT THE CHORD OF WHICH BEARS ~iS 54 DEG 03'31"W 54.53 FT TH N 51 3 0735"W 49.23 FT ALNG SAID RD 61.12 FT ALNG THE ARC OF A JRVE TO THE RIGHT HAVING A RADIUS 115.54 FT THE CHORD OF WHICH TARS N 35 DEG 58'20"W 60.41 FT IE DEPARTING SAID RD N 09 DEG '25"W 210.91 FT TH N O1 DEG '08"W 121.71 FT TFI S 89 DEG 445.97 FT TO A PT ON THE 2 of 4 LINE COMMON TO SAID SEC 1 & 2 N 00 DEG 02'08"W 693.00 FT ALNG SAID SEC LINE TO THE COR COMMON TO ', SAID SEC 1 & 2 POB CONT 6.142 AC +/- 00005 07-Mar-08 8:53 AM Parcel Detail http://www.pitkinassessor.org/assessor/Parcel.asp7AccomitNumber... Location ~ Physical Address: j 1601 WATSON DIVIDE RD SNOWMASS ~ Subdivision: 'M/B SNOWMASS CREEK I; Land Acres: 6.14 Land Sq Ft: Section ~ Township 1 I 9 Range 86 2007 Property Tax Valuation Information Land: Improvements: ~ _. Total: Actual Value 2,000,000 0 2,000,000 L...- - - -._. - Sale Date: 8/15/2007 Sale Price: 2,850,000 Basic Building Characteristics Assessed Value 580,000 __ ---- - 0 580,000 Number of Residential Buildings: O Number of Comm/Ind Buildings: ~ O Tax Information __ _ Tax Year Transaction Type _ ~ Amount f 1997 i Tax Amount ~ $5,19;?.54 _.__. 1997 ~ -- - --- Tax Payment: Whole _ _.. _ ~ ($5,192.54) 1998 ~ Tax Amount ~ $5,107.08 - Tax Whole ($$ 10 7 08 ~ 1999 i Tax Amou I - 0 ; ------ - 1999 ~ _ __ _ _-' Tax Payment: Whole __.._- _ --- - -- I~ _ _--- ($2,753.16) I _ 1999 ~ Tax Payment: Whole ~ ($5,506.32) 1999 ~ Tax Payment: Whole $S,SOFi.32 ~ i--- 1999 Interest Payment ($27.53) ~ 1999 Tax Payment: Whole ($2,753.16) f, n 3 of 4 Q U~ U 5 9 07-Mar-08 8:53 AM i i - _ --- - - --- i No Building Records Found Parcel Detail Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Tums Sofwaze and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 1999 Ir -'~ ~nnn http://www.pi[kinassessor.org/assessor/Parcel.asp?AccountN umber... Interest Charge T~ d,,, „r $27.53 e~ zz~ za ', 2000 ~ Tax Payment: First Half ($3,16Ei.17)' 2000 Tax Payment: Second Half ($3,166.17) ~ j 2001 Tax Amount $16,985.80 2001 ~ Tax Payment: First Half ~ ($8,497.90) r -. .._ j 2001 ~ --______--- -- -- Tax Payment: Second Half ($8,492..90) - -- 2002 - -- __ ~ Tax Amount i $17,430.48 ---- 2002 - - ~ Tax Payment: First Half '; ($8,715.24) 2002 Tax Payment: Second Half ----. ' ($8,715.24) 2003 ~ Tax Amount ~ $18,163.541 2003 - --- - - - - - y Tax Pa ment: Ftrst Half -- ~ ($9,081.77) 2003 Tax Payment Second Half ($9,081.77) 2004 Tax Amount $20,972.66 ~ 2004 I Tax Payment: First Half ($10,486.33) 004 ~ Tax Payment: Second Half '; ($10,486.33) ~ 2005 ~ Tax Amount $21,315.70 - r 2005 I Tax Payment: Ftrst Half - ($10,657.85) 2005 Tax Pa ment: Second Half ----_ -__ $10,65i'.85 2006 ~ Tax Amount $22,044.76 2006 Tax Payment: Whole ($22,044.76) 2006 Interest Charge $440.90 2006 Interest Payment ($44[1.90) 2007 Tax Amount $34,079.08 2007 r Tax Payment: First Half ($17,039.54) Top of Page Assessor Database Seazch Options ~ Treasurer Database Search Options 4 of 4 ~~ V J v ~ 07-Mar-08 8:53 AM Attachment 8 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Hedges Minor Amendment to Development Permit LOCATION: Watson Divide ~~b I PID# 2645-013-00-101 ZONING: RS-30 PUD SIZE: 6.142 acres OWNERS: James R. Hedges REPRESENTATIVE: Stan Clauson PHONE and EMAIL: 925-2323 Stan scaplamring.com DATE: December 13, 2007 PLANNER: Lance Clarke, 920-5452 Type of Application: Amendment to Development Permit Description of Project/Development: The Applicant desires to amend condition No. 3.d) of Heazing Officer Determination No. 19-2004, in order to allow the construction of a detached "Gym Pavilion". Land Use Code Sections to be addressed in letter of request (aaalicationl: Sec. 2-20-150(b): Minor Amendments Sec. 1: Pitkin County Application Manual; General Application Information Staff will refer the application to the following agencies: Snovvmass/Capitol Caucus, CDOW Review by: Administrative Public Hearing: No. FEES: $693 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $693 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $231/hour) To apply, submit 4 co ies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. Previous Land Use Approvals (if applicable); 3. Proof of ownership of subject property; 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. PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - AT LEAST ONE COPY OF APPLICATION SHALL HAVE ALL DOCUMENTS AT NO LARGER TIIAN 11 "X 17" SHEETS. - This pre-application conference summary is advisory in nature and not binding on the County. The infornation 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. ODUJ61 Mar 06 08 06:44p JAMES HEDGES 2392638752 P.2 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COI:NTY") and lames R. Hedges (hereinafter "APPLICANT AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for a Minor Amendment to the Development Permit for Pazcel #2645013-00-101 on Watson Divide Road (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and Hre payment of all processing fees is a condition precedent to a determination of application completeness. The fee structwe is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incumd 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 dre full. extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees chazged for the processing of land use applications shall aceurnulate 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 sutl'icient information to the Pla®ing Conunission 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 detemtination of application completeness, APPLICANT shall pay a base fee in the amount of $693.00 which is based on 4 bows of staff time, and if actual time spent by staffto process the application exceeds the average number ofhours 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 failwe to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Hauben Community Development Director sy: /~ 1~%~~~ J es Hedges Date• /y1a~r~~ l a~8' Mailing Address: 3001 Tamiami Trail North, Suite 302 Naples Florida 34103 OUOtl62 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 Mazch 31, 2008 Stan Clauson 412 North Mill Street Aspen, CO 81611 Re: Hedges Minor Amendment to a Development Permit (CASE P031-08; PID 2645-013-00-101) Deaz Mr. Clauson: 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 Lance Clarke, the planner assigned to your case, at 920-5452. Sincerely, Bonnie Waechtler Administrative Assistant PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Snowmass/Capitol Creek Caucus Colorado Division of Wildlife FROM: Lance Clarke, Community Development Department Re: Hedges Minor Amendment to a Development Permit (PID 2645-013-00-101; Case P031-08) DATE: March 31, 2008 Attached for your review and comments aze materials for an application submitted by James Hedges. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, May 9, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PIfTKIN C~1NTY COMMUNITY DEVEL~9ENT Permit Receipt RFRFIPT NI IMRFR (IOn9~.F73 Name: James R1Hedges, IV Project Address: NO ADDRESS ASSIGNED Type: check # 1650 Permit Number Fee Description Date:3/7/2008 Amount 0031.2008.PLAN PP- Flat Fee 693.00 Total: 693.00