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HomeMy WebLinkAboutpitkin.planning.264501300012DOCUMENT 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 (11x1'77 a Development ..: ._„ .. . Watson Divide Ranc AD ~ 2120 Austin Ave Ste 10 C{S{Z: Rochester Hills MI 4 i1~NC*ft ~~Joe Wells ~ 602 Midland Park Plac CJ: Aspen, CO 81611 PHN 925-8080 EEESfN".: $896 t~5 RCVCI. $896 #21557 ~q{,~prae,'rE4:HOUR8:~ 3 °a 0?JER: 3 6 DUE: E E~' 1°MtAt ACT7t7N ~`..~ BOCC Reso: ~~ 86JGG Drd: ~~ P HRti QFxF; HOINDEX;:.:. ~- ~. ADMIN. YALGtJk"?L: ~~ VR E5(pIRES: ~~- CASE7YP; MinorAmendmenttoeDevelopment CASETYPS: CASE :. CASE T"(P6: CASE'T't~P3: CASE TYP7' t;Al~tT 7ti'P4:~ .Date Saaneetl: _._._. 4121108 :~~ - laceiian: 'on shelf ~~ ~. r x ~ hl John M. Ely County Attorney Christopher G. Seldin Assistant County Atiarney Carrington Brown Code Enforcement Officer Joseph Wells Joseph Wells Land Planning 602 Midland Pazk Place Aspen, Colorado 81611 RE: Agricultural Master Plan Dear Joe: Tel: (970) 920-5190 Fax: (970) 920-5198 May 2, 2006 Legal Assismnts: Lisa MacDonald Jane Achey I am in receipt of your letter dated March 21, 2006, and have finally had a chance to discuss the issues you raise with the staff of the Community Development Department. The position of Community Development Department personnel is that the Agricultural Master Plan constitutes asite-specific development plan under the current Land Use Code and as such, created a vested property right on the date of its approval, which was June 25, 2003. If you have any other questions, please feel free to contact me. Sincerely, cc: Lance Clazke PITKIN COUNTY ATTORNEY Courthouse Annex Building 530 East Main Street, Suite 302 Aspen, Colorado 81611-1948 PITKIN COl7NT]` ATTQRNEY ---~ ~~ ~ _._- - /Jphn M.1/Iy /~; 400001 ~ 8l Page 1 of 1 Lance Clarke From: WeIlsAspen@aol.com Sent: Tuesday, April 18, 2006 8:47 AM To: Lance Clarke Cc: TRWPBG@aol.com; cridings@billposs.com; Shane@structuralassoc.com Subject: Watson Divide-Ext of Vested Rights Lance, Thanks for your note about the Extension of Vested Rights Request for the ag uses at Watson Divide Ranch that I filed last week. If my understanding is correct that the Commissioners decided to re-publish the Code as adopted at second reading and have a third reading before the Code becomes effective, it should not be necessary to process the extension request. We are working on the building permit applications for the ag buildings and these should be ready to file before a third reading would occur. I would like you to just hang on to the application for now and do nothing with it. It would still be helpful if the County Attorney would acknowledge in a brief letter that he agrees that the application is considered vested until June 25. Feel free to use the time that I am freeing up for you to sign off on the other Watson Divide applications that are pending, though! Thanks, Joe Wells 4/18/2006 OQQQQ? Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone :970.925.8080 Facsimile: 970.920.4378 e-mail: We1lsAspenC~aol.com Apri112, 2006 Lance Clarke Assistant Director, I'itkin County Community Development Dept Hand Delivered Dear Lance: Attached is an application requesting extension of vested rights for the agricultural uses and facilities at Watson Divide Ranch as approved under BOCC Resolution No. 080-2003. The reasons that we are filing this at this time are twofold. First, we are uncleaz at the present time whether the provisions of the new County Land-Use Code which is likely to be adopted tomorrow will have any effect on the Owner's ability to develop these uses and secondly, I have not yet received a written response from the County Attorney to my March 21, 2006 letter in which I ouHined my understanding of your discussions with the County Attorney in which the two of you concluded that the above approval is considered vested for three years. We are requesting that you do nothing further with the attached application until the Owner determines whether it is necessary to go forward and have the Commissioners review this request. We specifically waive the requirement regarding a determination of completeness until we notify you that we would like to go forwazd. This request is being filed only as a measure of protection in the unlikely event that the County Attorney nofifies the Owner that the prior approval is not considered to be vested. The Owner intends to file for building permits for the ag facilities prior to the three-yeaz expiration of the above approval in late June, so it will not be necessary to process the extension request if we receive a confirmation that the prior approvals are vested until June 25, 2006. Thanks for your assistance. OOOOfl3 EXHIBIT A3. Watson Divide Ranch, Inc. 901 Ute Avenue Aspen, Colorado 81611 April 12, 2006 Ms. Cindy Houben Director, Pitkin County Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 RE: Request for Extension of Vested Property Rights Dear Ms. Houben: I am writing to you to confirm that Watson Divide Ranch, Inc. is the record owner of Watson Divide Ranch (the "Ranch"), which includes two parcels of land totaling 830 acres along both sides of Watson Divide Road (County Road No. 8), Watson Divide Ranch, Inc. has authorized the submittal of the attached request for Extension of Vested Property Rights for the agricultural uses approved under BOCC Resolution No. 080-2003, prepared by Joseph Wel].s Land planning. Durinq the review of this application, Joe Wells will represent the corporation. If you need additional information, please feel free to contact Joe at 925-8080. Sincerely, Th~mas R. Wheeler President Watson Divide Ranch, Inc. ooouo~~ ~. I. INTRODUCTION: This application for an Extension of Vested Property Rights rs submitted on behalf of Watson Divide Ranch, Inc., owner ("Owner") of Watson Divide Ranch (the "Ranch"). The Ranch includes two parcels totaling 830 acres along both sides of Watson Divide Road (County Road No. 8) (refer to Vicinity Map, Exhibit Al). The Owner is requesting cone-year extension in vested property rights at this time, prior to the adoption of the new County Code, in antiapation of having a discussion with the BOCC regarding the various agricultural uses and facilities approved under BOCC Resolution No. 080-2003. This request is being submitted as a "back-up" procedure, in the unlikely event that the County Attorney reverses the prior position communicated to the Owner's representative that, even though BOCC Resolution No. 080-2003 is silent on the issue of vesting, nonetheless, the approvals are considered vested for three years, or until June 25, 2006.Once the County Attorney confirms that vesting is in effect until June 25, 2006, it will not be necessary to process this extension request, as the Owner intends to submit for building permit for the approved agricultural uses prior to the June 25 deadline. In the mid-1990's, the Bartos family, long-time owners of the Ranch, transferred ownership of the Ranch, the adjacent mobile home park and convenience store site to a conservation group, who took title to the property under the name of Aspen Village, Inc. ("Aspen Village"). Aspen Village then submitted, in 1995, aland-use application to vacate a 14-lot residential subdivision on the lower portion of the Ranch previously approved by the County, to subdivide the mobile home park so that the owners of the mobile homes could acquire the lots and to rezone the Aspen Quick Mart site to the B-2 zone category. Aspen Village's 1995 Iand-use application also requested 1041 Hazard Review, Scenic Overlay and Conceptual Submission approval for a single residential home site and caretaker unit on the west side of Watson Divide on Lot A of the Ranch. Access to the residential building site on Lot A from Watson Divide Road by way of an 1,800 foot ooouo5 long driveway was approved to the Development Envelope. Finally, the application also requested approval of Development Envelopes for agricultural outbuildings and a ranch manager's residence on the lower meadow, near Highway 82 (Lot B). Aspen Village's application received BOCC approval in Apri1,1996 as documented under BOCC Resolution No. 96-143 (refer to Exhibit Bl). The Vested Property Rights were subsequently extended under Resolution No. 98-86 (refer to Exhibit B2). Aspen Village later established a Conservation Easement for the Ranch which preserves, with the exception of the established development envelopes and accesses, the remainder of the Ranch as perpetual open space. In 1998, Aspen Village sold the Ranch to Watson Divide Ranch, Inc., the current owner of the property. After acquiring the Ranch, the Owner retained Bill Poss and Associates, Architects to design the single-family residence and related improvements on Lot A. A building permit for the residence was obtained in the spring of 2004 following approval by the BOCC of minor amendments to the prior approvals which established amended design criteria for the roofs under BOCC Resolution No. 233-2002 (refer to Exhibit B3). Access and underground utilities were extended to the residential building site several years ago and construction of the residence is nearing completion. In 2003, the Owner obtained approval from the County for Minor Amendments to a Development Permit to establish an Agricultural Master Plan for the ranch under Resolution No. 080-2003 (refer to Exhibit B4). The Master Plan approved under Resolution No. 80-2003 and the subsequent Amended 11041 Site Plan recorded in Plat Book 77 at Pages 15 through 18 (refer to Exhibit "A6") documents the specific agricultural uses approved for the Ranch by the BOCC. In 2005, the County granted Special Review approval and GMQS Exemption to exceed 15,000 sq. ft. of residential floor area with the use of a TDR under Resolution No. 109- 2005 (refer to Exhibit B5). A building permit has been obtained for this additional square footage. OOOUQ6 The Owner recently obtained an eazthmoving permit for the installation of an underground water main for a new irrigation system and a natural gas service line. Construction of those facilities will begin as soon as the alignment has dried out sufficiently to minimize disruption along the alignment. Several additional land-use requests aze currently pending, including an access permit application for the new road to be built to the approved agricultural facilities development envelope on Lot B. The Code requirements related to Extension of Vested Rights are addressed below in Section II of this application, beginning on page 4. The supporting documents for the application are provided in Section III, Exhibits. 3 0~0~~~ II. VESTING OF PROPERTY RIGHTS AND EXPIRATION OR REVOCATION OF DEVELOPMENT APPROVALS (SECS. 4-140-30, 4-40 & 5-50): II A. REVIEW STANDARDS- EXTENSION OF VESTED RIGHTS (SEC. 4-140-30): II A.1 General (Subset. 4-140-10): a. A vested property right shall attach to and run with the applicable real property upon approval of a Site Specific Development Plan. b. Approval of a Site Specific Development Plan may be made with or without conditions, and the failure to fully abide by the terms of any conditions of approval may result in a forfeiture of vested property rights, and may result in revocation or suspension of the approval. c. The vested property rights procedures in this Sec. 4140 apply to the project because the site specific development was approved on or after January 1, 1988. d. Forfeiture of a vested property right and revocation or suspension of a development approval by the Board of County Commissioners is not at issue, in this case. II A.2 Term of Vested Property Right and Expiration of Development Approvals (Subset. 4-140-20): Under the provisions of Subset. 4-140-20, development approvals for single family and duplex dwellings and associated lots and parcels, including the awarding of Residential Growth Management Quota System Allotments therefore, shall not expire, but maybe revoked or suspended if terms and conditions of approval have not been met. However, the vested right shall expire three (3) years from the date of approval, unless extended pursuant to this section. OOOOD8 4 II A.3 Extension of Vested Property Rights (Subset. 4-140-30): Under the provisions of Subset. 4-140-30, the Board may approve an extension of vested property rights, in accordance with this Sec. 4-140 and Sec. 450, addressed in II B., below and Sec. 5-50, addressed in II C., below. a. In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider, but not be limited to, the following criteria: i. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. The Owner has complied with the conditions of the various approvals which have been obtained for the project when deadlines for those conditions have been prompted by the various permit requests that have been filed. ii. The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project; The Owner has obtained a number of permits for the project, including building permits for the residence, the access permit for the driveway to the residence and the earthmoving permits for the upper ponds and irrigation system. Additional permit requests are pending. Expenditures on the project to date exceed $10 millions. iii. The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications; The primary benefits received by the County as a result of the prior project approvals are the application of the conservation easement to a large majority of the Ranch, the vacation of a previously approved freemarket residential subdivision within the ranch prior to its development and the conversion of the mobile homes in Aspen Village from freemarket rental units to deed-restricted housing for sale to the 000009 residents. The conservation easement assures that most of the property will remain in agricultural use in perpetuity. iv. The needs of the County and the applicant that would be seroed by approval of the extension or reinstatement request. Approval of the extension request by the BOCC will allow the Owner to proceed with implementation of the previously approved program of agricultural uses for the Ranch. The hearing on the extension request will allow the BOCC to re-visit the proposed program without the necessity of filing and processing the land-use application again. 5. An extension or reinstatement may be in the form of a development agreement duly authorized and executed by the applicant and the County. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement Upon approval of the extension request, the Owner will prepare a development agreement to be executed by the Owner and the County, if that is determined to be the most suitable approach. Reasonable conditions may be imposed by the Board when granting the extension. II A.4 Applicability of Other County Regulations (Subsec. 4-140-40): Under the provisions of Subsec. 4-140-40, the establishment of a vested property right shall not exempt the applicant from the requirements of approval, building permits or other necessary permits or approvals applicable subsequent to the approval of the Site Specific Development Plan. The establishment of a vested property right shall not preclude the application of the Uniform Building Code, Fire Code, Plumbing Code, Electrical Code, Mechanical Code or other requirements necessary for the protection of the public health, safety and welfare. oooulo II A.5 Public Notice (Subsec. 4-140-50): Under the provisions of Subsec. 4-140-50, as soon as practicable following the date of a Site Specific Development Plan approval or reinstatement of a vested right after forfeiture or of an approval after revocation, and in no event later than fourteen (14) days following such approval, the County Clerk or the Planning Office shall cause said notice to be published in a newspaper of general circulation in Pitkin County advising the public of the approval and the creation of a vested property right. The property description shall be published with such notice. II A.6 Judicial Review (Subsec. 4-140-60): Under the provisions of Subsec. 4-140-60, approval of a Site Specific Development Plan shall be subject to judicial review, and the period of time permitted bylaw for filing of any such action shall begin to run from the date of publication of the notice referenced in Sec. 4-140.50 for approvals and from the date of board action for forfeitures, suspensions, revocations, or reinstatements. II B. REVIEW PROCEDURES- ONE-STEP REVIEWS (SEC. 4-50): II B. 1. General (Sec. 4-50-010): A development application for extension of vested property rights is subject to the one-step review procedures of Sec. 4-50 of the Code. II B 2. One-Step Review Procedure (Sec. 4-50-020): One-step reviews shall be conducted pursuant to the land use review process described below. a. Pre-Application Conference (Sec. 4-50-020 A): The applicant has conferred with the Planning Office staff to obtain information and guidance for this application regarding the proposed development project. The Planning Office staff has identified the procedural OOOU11 ~ review requirements, applicable standazds of the Code, vested rights procedures and referral agencies to be involved in the review process. The staff has identified, pursuant to the Code, the submission contents for the type of development application required to be submitted, the number of copies and application fees. The Applicant has requested a written summary on apre-application summary sheet for submission with this application. b. Submission of Application and Fees (Sec. 4-50-020 B): The development application is being submitted in the standazd form as specified by the staff and contains the submission contents identified by the staff in the pre-application conference summary pursuant to Art. 5 of the Code. The development application is accompanied by a fee of $ 896.00, as requested by staff. c. Determination of Application Completeness by the Planning Office Staff (Sec. 4-50-020 C): Under the provisions of Subsec. 4-50-020 C of the Code, within seven (7) working days of the submission of a development application, the Planning Director shall complete a preliminary review of the application to determine whether or not the application is complete. If the Planning Director determines that the application is incomplete, a written notice shall be sent to the applicant or applicant's representative specifying the deficiencies. d. Scheduling the Hearing for Application Review by Decision- Making Body (Sec. 450-020 D): After a development application is determined to be complete, the Planning Director shall schedule the application for a hearing. An applicant shall be sent a letter notifying him/her of the hearing date. Development applications for Extension of Vested Property Rights will be scheduled for review before the Board at the eazliest available agenda date. Agenda dates will be assigned to complete applications based upon the order in which the applications have been certified as complete by the Planning Director, unless determined otherwise by the Board. If public notice of a hearing is required, the Planning Director shall cause public notice to be given pursuant to Sec. 4-90 and send a copy of the notice to the applicant. ODUU12 R e. Review and Recommendation by the Planning Office (Sec. 4-50-020 E): i. Comments Fmm Referral Agencies: Once the application is certified as complete by the Planning Director, the application shall be referred to those agencies and neighborhood organizations selected by the Planning Director for comments. The Planning Office staff shall consider all referral comments in reviewing the development application. ii. Report and Recommendation: The Planning Office staff shall compile all comments and recommendations from referral agencies and shall make a written report and recommendation concerning the development application to the appropriate decision-making body. The report shall state whether or not the application conforms to the appropriate review standards and whether it should be approved, approved with conditions, denied, or tabled for further consideration. The staff report shall be distributed to the decision-making bodies and the applicant at least one (1) working day prior to consideration. e. Review of Application (Sec. 4-50-020 F): One-step review of a request for extension of vested property rights shall occur at a public meeting of the Board of County Commissioners. 1. Any Commission approval of any application made pursuant to the Code may impose as a condition, any condition concerning any matter subject to regulation. 2. Any and all representations made by an applicant during the land use review process or in a land use application shall automatically become a condition of approval. 3. The Planning Director and the Chief Building Official shall be vested with the authority to administer and enforce any wndition imposed on an approval; and may rely on any remedies established in Sec. 7-20. 9 4. No condition previously imposed shall be modified or withdrawn, unless and until each of the following procedural requirements is met: a. No condition shall be modified or withdrawn except by the action of Board of County Commissioners. b. In the event approval required notice and hearing requirements, the notice and hearing requirements shall be repeated. c. In the event approval required a recommendation from any other board or commission, the proposed amendment to or withdrawal of the condition shall be referred for recommendation. d. If the condition was imposed as a result of comment from a referral agency, a referral to such agency shall be made. e. In no event shall the procedures of this section be relied upon when the applicant proposes any changes in his original application. The procedures herein established shall be applied only when a request is made for modification or withdrawal of a condition unaccompanied by any change in the application previously approved. 5. Applications requiring more than one type of approval shall be processed simultaneously until all approvals have been obtained or until any necessary approval has been denied. g. Receipt of Development Permit (Sec. 4-50-020 G): Under the provisions of Subsec. 4-50-020 G of the Code, applications which receive approvals or conditional approvals qualify for a development permit. A resolution of approval signed by the chairperson of the deasion-making body and recorded with the County Clerk and Recorder shall constitute the development permit. h. Vested Property Rights (Sec. 4-50-020 H): Following receipt of a development permit, an applicant may request initiation of procedures for vesting, pursuant to Sec. 4-140. i. Submission of Building Permit Application (Sec. 4-50-020 I): Under the provisions of Subsec. 4-50-020 I of the Code, following receipt of a development permit, an applicant may submit a building permit application to the Building Department unless specified otherwise in the development permit. OODU13 in j. Receipt of Building Permit (Sec. 4-50-020 J): Following review of the building permit application, the Building Department shall issue a building permit to applicants whose applications comply with the development permit and the Uniform Building Code. II C. SUBMISSION CONTENTS, GROUP I DEVELOPMENT APPLICATIONS (SEC. 5-50) II C 1. General (Sec. 5-50-010): This Sec. 5-50 of the Code establishes the required submission contents for Group I development applications. Group I development applications include requests for exemption of vested property rights. The requirements of Sec. 4-50, Procedures, are addressed in Section II B, above and the requirements of Subsec. 4-140-30, Review Standards, are addressed in Section II A, above. II C 2. Application Contents (Sec. 5-50-020): Under the provisions of Subsec. 5-50-020, development applications for activities categorized in Group I shall include the minimum submission contents for all land development applications listed below and a written report demonstrating that an application complies with the applicable review standards listed in Subsec. 4-140-30. a. General (Sec. 5-50-020 A): The development application includes the information and materials specified in this Sec. 5-50. No modifications to the required submission contents were suggested by the Planning Office on the pre-application conference summary form. b. Applicant's Background Information (Sec. 5-50-020 B): A letter signed by the applicant containing the applicant's name, and the name, address and telephone number of the representative authorized to act on behalf of the applicant is included as Exhibit "A3". Qo(]Q1~t 11 c. Parcel Description (Sec. 5-50-020 C): The street addresses of the two pazcels which make up the Ranch and which are the subject of this application are to be Watson Divide Road addresses. The street number for the residence is 1220 and the street number for the ag facilities is yet to be determined. The current legal description of the Subdivision is included on the title commitment (see Exhibit "A5"). An eight and one-half inch (8'/2') by eleven inch (11") vicinity map locating the subject pazcels within Pitkin County is included as Exhibit "Al". d. Disclosure and Proof of Ownership (Sec. 5-50-020 D): Disclosure of ownership of the Subdivision which is the subject of this application, consisting of a certificate from Stewart Title Guazanty Company, lisfing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting use and development of the pazcel and proof of the owner's right to use the land for the purposes identified in the development application is included as Exhibit "A5". e. Legal Access (Sec. 5-50-020 E): There is adequate legal access to the Subdivision from Colorado State Highway 82 and Watson Divide Road. f. Standards Report (Sec. 5-50-020 F): A written report demonstrating that the proposed development complies with the review standazds of Sec. 4-140-30 for an extension of vested property rights is included above in Section II A of this application. g. Pre-Application Conference Summary Sheet (Sec. 5-50-020 G): A copy of the pre-application conference summary sheet has been requested and will be provided when available. h. Site Utilization Maps (Sec. 5-50-020 H): Folded copies of the eleven inch (11") by seventeen inch (17") draft subdivision plat prepared by Aspen Survey Engineers and DHM Landscape Architects are included as Exhibit "A6" to this Application. i. Copies of Application (Sec. 5-50.020 I): Five (5) copies of the application are being submitted, as requested. 000015 12 III. Exhibits oooo~s EXHIBIT A. Background Information: Al. Vicinity Map. A2. Pre-Application Conference Summary. A3. Letter of Consent to the Application signed by Thomas Wheeler, Authorizing the Filing of an Application for Minor Amendments to a Development Permit. A4. Agreement for Payment of Development Application Fees signed by Thomas Wheeler. A5. Disclosure of Ownership. Stewart Title Guaranty Company A6. Aspen Village, Inc. 1041 Hazard Review, Scenic Overlay and Caretaker and Employee Dwelling Unit Site Plan (Book 41 @ Page 39) and Amended 1041 Hazard Review Site Plan for Watson Divide Ranch (Plat Book 77 @ Page 15). 000017 .~ ~: '.` L \ ~. --' v' ~ 1 w H ITS ._.- j\/ ( _~ ' ~ EXHIBIT A~. .~ ~ ~ ` / r~ r - ~ `" ~ ~~, a;' •- ~ Road -'~.:: ~ ._. -~ -. ._ i-~. ~..' .. n~'l 'IW6F~o~711V1~ ~ _~'-`~0~11~1 i ~.'"; •' j ~ .-~V it .. - •. \. ~ ... ~ WAT~N IVIDE .' BILE ~~A'IE :. _- --fry-T`{-- --7~r,-- (~C RANCEI ~ ~ , ----~ ~-,.~"_ r ~ 1 I ti J lJ~/ \1 tit ~~ r~ r r ------- - ^- a - 1/ t~J~ ~ ~`"l x'11 ti. \/ ~ ~ ~' '~~ ~ ~ 'd~J~sL~~a del-~'lC~e RaY1Ch -~ ®~~~-~a3~ ~~~ P~~orth Scale 1": ~3fl03' 000018 EXHIBIT A2. PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Ezra Louthis PHONE: (970) 920-5092 E-MAIL: ezralanco.oitkin.co.us PROJECT: Minor Amendment to a Development Permit LOCATION: Watson Divide Ranch DATE: 4/3/06 ZONE: RS-30 PUD PARCEL ID #:264501 APPLICANT: Watson Divide Ranch, Inc. 2120 Austin Ave Suite 100 Rochester Hills, MI 48309 REPRESENTATIVE: Joe Wells E-MAIL: Type of Application: Minor Amendment to a Development Permit. Description of Project/Development: Applicant proposes to utilize 1 The Applicant will be amending BOCC Resolution No. 109-2005. ~ Pitkin County Land Use Code: • Subset. 3-200-080: Minor Amendments to a Development P m' Review By: Community Development Director. ` Public Hearing? NO. ~ (1,(11/ Staff Will Refer Application To: J(\\ FEE: 672 (make check payable to "Pitkin Count~f Treasurer"). - Minor Amendment Fee: $672 ~_ of leftover TDR floor area. ~,. "`~,~'Aa 5,. „~ To apply, submit the Fee specified above,tfnd 1 CODV of each of the following documents, unless otherwise noted: ~ 1. Letter of request, addressing the pro sions of the Pitkin County land Use Code ident~ed above and demonstrating that applicant has t the substantive review criteria; 2. Representation of the structure a it relates to the visual impacts; 3. Consent from the owner of the operty for the representative named above to process the application (1 ~pY); 4. Previous land use approval as it relates to parcel A of the Ranch; 5. Disclosure and proof of ow ership complying with the requirements of Subsection 5-50-020(D) (1 copy); 6. Street address and part description, including legal description, and an 8-1/2"x 11"vicinity map locating the subject property within itkin County; 7. Executed Pitkin Cou Community Development Agreement for Payment of Land Use Application Fees form (1 copy); and 8. This Pre-Application Conference Summary Sheet. NOTES: ooou~s - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (lF POSSIBLE). THE PARCEL /D SHOULD BE INCLUDED ON ALL DOCUMENTS /N YOUR APPLICATION. - The Pitkin County Land Use Code is available on-fine at www.asoenoitkin.com. This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staffs interpretations based upon representations of the applicants representative. Additional information maybe required upon a complete review of the application. OOOU~O z EXHIBIT A3. Watson Divide Ranch, Inc. 901 Ute Avenue Aspen, Colorado 81611 April 12, 2006 Ms. Cindy Houben Director, Pitkin County Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 RE: Request for Extension of Vested Property Rights Dear Ms. Houben: I am writing to you to confirm that Watson Divide Ranch, Inc. is the record owner of Watson Divide Ranch (the "Ranch"), which includes two parcels of land totaling 830 acres along both sides of Watson Divide Road (County Road No. 8). Watson Divide Ranch, Inc. has authorized the submittal of the attached request for Extension of Vested Property Rights for the agricultural uses approved under BOCC Resolution No. 080-2003, prepared by Joseph Wells Land Planning. During the review of this application, Joe Wells will represent the corporation. If you need additional information, please feel free to contact Joe at 925-8080. Sincerely, Thomas R. Wheeler President Watson Divide Ranch, Inc. ooau~l 1Li31L 11~Il~~.iL l`_l PITI~IN ~'®IJNTY C®MMIJNITY REVEL®Pl?~IEI~T DEPARTIVIENT A~REEIVIENT F'®R PAYMENT OF LAND ITSE APPLIC'ATI® ,FEES PITKIN COUNTY (hereinafter COUNTY) and ~ 7/Y[ `~%%~jZ~ ~~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: -7`- / -, ~~1. APPLICA T has submitted to COUN'C'Y an application for ~/mod ~~'/s'~~~ ~~"~ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004 establistes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of ]and use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Boazd of County Commissioners to make legally required findings for project approval, unless current billings aze paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITICIN C®UNTY Cindy liouben Community IDevelopment 1Director IQiAP!"f ~- ~ , ~~~~ Signature Mailing Address: ~~ O 7 /t-i ODUU22 E~CI-IIBIT A5. ` ENDORSEMENT ATTACHED TO AND MADE A PART OF BINDER/POLICY OF TITLE INSURANCE SERIAL NUMBER 0- 9701-36902 ISSUED BY STEWART TITLE GUARANTY COMPANY ` HEREIN CALLED THE COMPANY Order No.: 00028304 Attached to and forming a part of the above issued Binder/Policy: Order No. 00026304 6aid policy is hereby amended by ndding as a named Insured therein: ` NTATSON DIVIDE RANCB, INC., A COLORADO CORPORATION Thin oadorsemeat does not extend the coverage of said police to any lei date than dated of said police, nor does it impose aap liability oa the _ Company for loss or damage resulting from (1) failure of'sueh added Iasur acquire as insurable estate or interest in said land, or (2) any defect, or encumbrance attaching by reason of the acquisition of an estate or iat in the lead by such added Insured. This endorsement is made a. part of the policy and ie subject to all of terms and provisions thereof and of any prior ead.orsemente thereto. Excr ` to the extent expressly stated, it neither modifies any of the terms and provisions of. the policy and any prior endorsements, nor does it extend t effective date of the police and any prior endorsements, nor does it iner the face amount thereof. _~ This endorsement, when countersigned 6y an authorised signatory, is made a part of [he policy and is subjec and provisions thereof and of any prior endorsements thereto. , Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and az meats, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase thereof. Counter ed: ~~ A:rchcrired Countersi ~eture. STr WART Tfi'LE OF ASPEN, INC. Agaot Ln @06011A TEWART TITLE GOARANTY COMPANY Wa4`~~oara0,~~ President _~~ ~oi< +'• 19 8 B fa^ rFX 0.4 Serial No. O- 9701-34902 000023 Signed and sealed Jaauary 08, 1999. ALTA OY'1VER'S POLICY SCHEDULE A Order Number: 00024304 - POCICy NO.: 0-9 701-34 902 Date of Policy: September OI, 1998 at 2:52 P.M. Amountoflnsurance: $ 3,340,OOD.oO 7. Nome of Insured: THOMAS M. WHEELER TROSTEE OF .THE THOMAS M. WHEELER REVOCABLE TRUST UNDER AGREEMENT DATED 4/9/86, AS AMENDED. 2. The estate or ituerest in the land which is covered by this policy ts: FEE SIMPLE 3. Ttle to the estate or interest in the land is vested in: THOMAS M. WHEELER TROSTEE OF THE T~tOMRS M. WHEELER ~REVOCAELE TRUST UNDER AGREEMENT DATED 4/9/B6, AS AMENDED` 4. The land referred to in this policy is described as follows: See Attached Legal Description Q~~U~rt SCHEDULE A Order Number.• 00024304 LEGAL DESCRIP77ON PARCEL A: A parcel of land situated in Sections 1, 2 and 12 of Township 9 South, B6 West of the 6th Principal Meridian, Pitkin County, Colorado descril follows: Beginning at the E I/4 .Section 1, said point being the Point of seginr. thence S 89°59'42" W, 3742.68 feet; thence S 29°30'21" W, IG6.79 feet; thence S 37°08'71" W, 410.24 feet; thence N 76°11'39" W, 822.56 feet; th ence~S 53°16'21" W, 323.79 feet; thence S 26°54'16" W, 127.90 feet; thence S 03°27'50" E, 325.44 feet; thence N 82°06'95" W, 180.18 feet; thence N 16 °16'12" fJ, 26.99 feet; thence 165.68 feet aZ ong a curve Lo the Left, having a radius of 124.4 a central angle of 76°17'25" and a chord of which bears N 54°24'53" W, feet; thence S B7°26.19" W, 80.45 feet; thence 144.67 feet along a curve to the left, having a radius of 90.16 a central angle of 9~i°56'05" and a chord of which bears~S 41°28'18" W, feet; thence S 04°29.47^ E, 106.53 feet; thence 65.44 feet along a curve to the left, having a radius of 230.61 central angle of 16 °IS '31" and a chord of which bears S 12°37'36" E, 6 feet; thence S 20°45'25" E, 29.17 feet; thence 73.78 feet along a curve to the right, having a radius of 28.25 cen traZ angle of 149°38'18" and a chord of which bears S 54°03'44" W, feet; thence N 51°07'35" w, 49.23 feet; thence 6I .12 feet along a curve to Ch~e ri gh~t, having a radius of 115.5 e central angle of 30°18'33" and a chord of which bears N 24°43'41° W, feet; thence N 09°34'25" W, 210.91 feet; thence N OI °39 '0 B" W, 121.71 feet; thence N 89 °43 '0 B" W., 332.45 feet; thence S 28°30'08^ E, 1092.47 feet; thence 5 Sl °35 'O B" E, 20D. 60 feet; thence S 03°01.52" W, 132.10 feet; thence S 4I°36'08" E, 102.00 feet; thence N 75°03'08" E, 142.45 feet; thence 5 87°I8 'S1" E, 22.15 feet; thence S 51°35'09" E, 254.20 fee*_; thence S 07°19'44" E, 2158.42 feet; thence 5 39°20'50"W, 661.80 feet; Cn en qe S 2d°09'52" W, 355.48 feet; thence 5 00 °IB'9 B" E, 1185.63 feet to the boundary of Wildcat Ranch; Con tinved on next page ~~vu~~ ' Continuation of Schedule A - Legal Description `~ Order Number: 00024304 ! thence along the boundary of Wildcat Ranch; ~- thence N 63°09'56" E, 561.10 feet;. thence N 35°20'56" E, 678.18 feet; thence N 39°51'14" E, 69.90 feet; `~ thence N 63 °02 'I4" E, 254.97 feet; thence N 72 °~19 '37" E, 577.52 feet; . thence N 39°51'31" E, 700.91 feet; thence N 76 °01 '4I^ E, 663.19 feet; ~- thence N 80°51'09" E, 563.90 feet; thence S 66°02'39" E, 573.52 feet; thence N 85°39'41" E, 897.65 feet.; I thence S 75°40'27" E, 625.25 feet; thence N 03°06'45" W, 619.18 feet departing the Wildcat Ranch bovndarl thence S 89°17.13" W, 375.27 feet; i thence N o0°10'41^ W, 3920.42 feet; v thence I87~.I9 feet along a curve Lo the right, having a radius of 1.15. a central angle of 49°53'00^ and~a chord of which bears N 48°16'32^ E, feet; _' thence N 12°05'10^ E, 998.35 feet to the Point of Beginning, PARCEL B: A parcel of land situated in Sections 1 and 12, Township 9 South, Rang West and Sections 6~and 7, Township 9 South, Range BS West of the 6th Principal Meridian, Pitkin County, Colorado described as follows: Beginning at the point whence the South East Corner of said Section 6 47°43'27" E, 2695.78 feet; thence N 55°21'40" W., 130.14 feet Lo the Easterly boon dary of the Amen Double X Quarter Circle Ranch Subdivision; thence 232.6D feet al ong a curve to the Z.eft, having a radius of 1332.39-feet, a central angle of IO°00.08" and a chord of which bears 56°34'10^ W, 231.30~feet; ~- ~ -"' - thence N 58°44'10" W., 173:37 feet; thence S 11°59'51" W, 90.43 feet; thence s 77°32.38^ W, 552.24 feet; thence N 74°43'03" W, 684.00 feet; thence N 60°37'22" W, 228.50 feet; thence N 46°30'52" W, 700.00 feet; thence S 52°48'51" W, 31.78 feet; thence S 21°06'35" E, 21.98 feet; thence S 19°52'34" W, 40.49 feet; thence S 29°03'29" W, 202.33 feet; thence 451.64 feet along a curve to the righ L, having a radius of 427. a central angle of 60°29'11" and a chord of which bears S 59°18'04" W, feet; thence S 89°32'40" W, 237.61 feet; thence N 62°31'42" W, 124.21 feet; thence N 6I°07'58^ W, 14.95 feet; Continued on next page ooao~s ~, Continuation of Schedule A - Legal Description _. _.. _ Order Number: 00024304 ~~ thence 92.52 feet along a curve to the left, having a radius of 81.11 central angZe of 64039_'00^ and a chord of which bears S 86°32'32" W, feet; thence S 54 °I3 '02" W, 75.78 feet; thence 56.73 feet along a curve to the right, having a radius of 169. a cen traZ angle of Z9°00'00" and a chord of which bears S 63°43'02" W feet.; thence S 73°13'02" W, 115.28 feet departing DovbZe X Quarter circle R Subdivision; thence 187.19 feet along a curve to the Zeft, having a radius of 215.00 feet, a central angZe of 49°53'00" and a chord of which bears 48 °16'32^ W, 181 .33~feet; thence S 00 °Z O'4]" E, 3420.42 feet; thence N B9°17'23" £, 2.662.91 feet; thence N 36°12'50" E, 978.53 feet; thence N 68°48'14" E, 85.95 feet; . thence N 24°49'58" E, 302.63 feet; thence N 39°13'40" E, 90.99 feet; thence N 26°02'03" E, 375.61 feet; thence N 2B°94'37" E,. 250.32 feet; thence N 25°39'03" E, 199.76 feet; thence N 29°00'20" E, 228.53 feet; thence N 19°30'45" E, 21.59 feet; thence N 26°27'25" E, 51.79 feet; Lh Brice N 3Z°54'03" E, 23.22 feet; thence N 29°40'19" E, 275.72 feet; thence N 57°47'54^ W, 28.14 feel; thence N 37°Z 0'26" W, 95.52 feet; thence N ZD°54'52" W, 19.85 feet; thence N 33°12'24" W, 262.46 feet; thence N 58°01'34" W, 372.04 feet; thence N 37°55'49" ~W, IBI .05 feet; [hence N 40°17'31" E, 293.08 feet to the point of beginning. EXCEPTING THEREFROM, [hat portion of the above described property con the .D epartment of Transportation, State of Colorado, by Warranty Deed Febiuary 12, 1997 as Reception No. 401707 COUNTY OF PITXIN STATE OF COLORADO OQU~G! ALTA OWNER'S POLICY Order Number: 00024304 SCHEDULE B Policy No.: 0-9701-349 This policy does not insure against loss or damage (and the Company will not pay costs, anorneys' f which arise by reason of.• 1. Rights or claims ofparties in possession, not shown by the public records. 2. Easemem9, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, .shortage in area, encroachments, and any facts i survey and inspection of the premises would disclose and which are not shown by the public rect 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, i and not shown by the public records. S. Unpatented mtning claims; reservations or exceptions in patents, or an act authorizing the is, water rights claims or title to .water. 6. Taxes and Assessments for the year 1998, not. yet due and~payabl e, and subsequent years and any special assessments not yet certified on the tar of Pitkin County. 7. Right of way for ditches os canals constructed by the avthori ty of the U1 States, as reserved in United States Patent recorded December 6, 1954 in~ 180 aL Page 308 as Reception No. 101913 8. Right of way for ditches or canals constructed by the authority of the Ur States and reservations of aZZ coat and other minerals in the Zand so eni and patented, together with the right to prospect for mine, and remove tl same, as reserved in United States Patent recorded February 19, 2922 in t at Page 299 as Reception No. 86293. ~-~- - - - ~ --~~~ _.... ._._ 9. Right of the proprietor of a vein or Zode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premise hereby granted, and right of way for ditches and canals constructed by t2 authority of the United States as reserved in United States Patent recorc March I3, 1923 in Book 55 at Page 569 as Reception No. 82086. 10. Right of the proprietor of a vein or lode to extract and remove his orp therefrom, should Lhe same be found to penetrate or intersect the premise hereby granted, as reserved in United States Patent recorded March Z3, ~$ Book 55 at Page 267 as Reception No. 82088. IZ. Right of the proprietor of a vein or Sode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premise hereby granted, as reserved in United States Patent recorded March 13, 15 '- Book 55 at Page 266 as Reception No. 82087. Continued on next page '_. 000028 Con tin vation of Schedule B - ALTA Osner's Policy '~ Policy Number: 0-9701-34902 -~ - ' 12. Right of the proprietor of a: vein ar Zode to extract and remove his ore -- therefrom, should the same be found to pen etrate~or intersect the premiss hereby granted, as reserved in United States Patent recorded July 23, 19~ Book 198 at Page 342 as Reception No. 113724. I3. Right of the proprietor of a vein or Zode to extract and remove his ore therefrom, should the same be found to penetrate~or intersect the premisr hereby granted, as reserved in United States Patent recorded November 27, ,_ in Book 55 at Page 206 as Reception No. 75774. 14. Right of the proprietor of a vein or Zode to extract and z•emove his ore th ezefrom, should the same be fovnd~to penetrate or in tezsect the premise ~"' hereby granted, as reserved in United States Patent recordedApriZ I9, I: Book 286 at Pege 275 as Reception No. 166871. i • I5. Right of way Easement granted unto No1y Cross EZ ecLric Association, Inc. forth in instrument recorded Rugvst~29, 1974 in~BOOk 290 at Page 615 as Reception No. 169688. ~- 16. An undivided one-half interest of aZ1 oil, gas and other minerals as set in instruments recorded June 1, 1978 in Book 369 at Page 911 as Receptior. 214999 and in Book 369 at Page 905 as Reception No. 214998. i 27. Grant of Right of Way for Access Road and Utilities as set forth in instz recorded December 6, 1978 in Book 359 at Page 295 'as Reception No. 209726 ~_ 18. Easement Grant for Right of Way for-Ditch as set forth in instruments rec October~23, 1982 in Book 433at Page 993 as Reception No. 294759, and rec October 18, 1982 in Book 934 at Page 195 as Reception No. 244856. i - 19. Terms, conditions, oblige tions, provisions and easements of License Agree as set forth in instrument recorded December 9, 1983 in Book 457 at Page Reception No. 255609. ~~~ - 20. Easements and rights of way granted unto The Board of County Commissioner the County of Pitkin as set forth in instrument recorded July 19, 1.984 in 47p at Page 126 as Reception No. 162136. 21. Terms, conditions, obligations, provisions and easements of Easement Agre as set forth in instrument recorded July 19, 1984 in Book 970 at Page 127 I, Reception No. 261137. 22. Terms, conditions, obligations, provisions and easements of Access Easeme Agreement as set forth in instrument recorded February 9,, 1988 in Book 55 Page 619 as Reception No. 297251. 23. Right of way and Easement Granted unto Rocky Nountain Natural Gas Divisio. N Energy, Zn c. as set forth in instrument recorded October 6, 1988 in Boo - at Page 374 as Reception No. 304715. Contin ved on next page - ~0~~4J i U Continuation of Schedule B - ALTA Owner's Policy Policy Number: 0-9701-34902 ~ 24. Grant of Easement granted vn to Pitkin County, Colorado, acting by and th. ~" its Board of County Commissioners as set forth in instrument recorded Ma 1996 as Reception No. 393066. _ 15. Terms, conditions, obligations and provisions of Resolution of the Board coon ty Commissioners of Pitkin Covn ty, Colorado, vacating the Aspen Vi21. Commons Subdivision and Associated Affordable Hovsinq; Granting Scenic O~ ' Approval of the Single Family Homesite, Single Family Parcel 1041 Hazard ~- Approval, GMQS Exemption and~Special Review for Caretaker Unit; Concep tu. Submission Approval for a Single Family Homesite near Wa tsbn Divide, etc Resolution No. 96-143 as set forth in instrument recorded May 28, 1996 a. '~ Reception No. 393062, and re-'recorded December 2, 1996 as Reception No. . 26. Rights .of way for ditches including but not Iimf red ~to the Brush Creek D. i 27. Easements and rights of way as shown on Plat of Aspen Vi1 Z.age Mobile Hoar recorded May 28, 1996 in Plat Book 39 at Page 73 as Reception No. 393065 including but not limited to~ Watar Tanks, Waterlines, Sewer line and Wat Control Line. 28. Terms, conditions, obligations and provisions of Aspen~Village Domestic 1 ' Sewer and Road Maintenance Agreement as set forth in instrument recorded ~ I2, 1997 as Reception Ho. 402482. 29- Easements, rights of z~ay and~all matters as shown and contained in Rspen ~ Village, .Inc. 1041 Hazard Review, Scenic Overlay, and Caretaker and Empl .~ Dwelling Unit Site Plat for Single Family Dwelling and Caretaker Unit Pa (Lot A) and Ranch Parcel (Lot B) recorded January 28, 2997 in Plat Book Page 38 as Reception No. 401286_ "' 30. Terms, .condition s, obligations, provisions and easements as set forth in Non-exclusive Road Easement Agreement recorded September 1; 1998 as Rece No. 421369. 31. Terms,-condition s, obl~i gations, provisions and easements as set forth in of Conservation Easement granted to Aspen Valley Land Trust recorded Sep 1, 1999 as Reception No. 427370. 32. Terms, conditions, obligations and restrictions .as seL forth in Agreemen recorded September 1, 1998 as Reception No. 421374. ODU030 ENDORSEMENT FORM 110.1 (Rev. sros) ENDORSEMENT ATfiAC$IED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER O- 97G1-34902 ISSUED EY STEWART TITLE GITARANTY C011'fPANY HEREIN CALLED THE COMPANY Order No.: 00024304 Said Policy is hereby amended by deleting paragraphs 1 TliltoUGB 4 ,inclusive, of Schedu6 This endorsement is made a part of the policy and is subject to all of the terms and provisions the any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the provisions of the policy and any prior endorsements, nor does it extend the effective date of the poli prioCendorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it authorized countersignature. • STEWART TITLE .~ GUARANTY COMPANY /~j// ~y tt~`ES~, L / Chat roan of a Boa W<i ~.~pero4~~ Pres; dens _*_ e~ ~ 3908 'o ~ ~ .r. ~. Cou ers~ ned: TExi1 • Authorized Countersignature ~- STEWP_RT TITLE GP AS?EN, INC. Agcnt ID p06011A O ~ ^ O ~ ~ Scriel No. E- 785 i-J0839 ENDORSEMENT FORM 1(70.31 (Rev. 5195) ENDORSEMENT' ATTACHED TO AND MADE A PART OF POLICY OF TITCSINSURANCE SERIAL NUMBER O- 9701-34902 ISSUED BY ~y STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order No.: 00024304 U The Company hereby insures the Insured against loss which the insured shall sustain by reason of physical, but not. to impmvemen6 existing on the land at Date of Policy or consWcted Hereon thereafter, resulting from (tie exercise Date of Policy of any rights to use the surface of the land under the mineral interest referred to in Paragraph No. 8-1 Schedule B, ("the mineral rights'), subject, however, to lh< following terms and conditions: 1. The Insured.shall notify [he Company promptly in writing in case knowledge shsB come to an insured hereundw thrca[rncd exercise of the mineral rights. 2. The Company shall have the right, at its costa, to take any action which in iu opinion may be necusary or desirab: Company [o avoid ar minimize the extent of ifs liability under this endorsement, including, but no[ limited to following: (a) In [he Company's own right, of in the name of the Insured for the Company's benefit, to instiWte, prosecute a determination any proceedings at law or in equity, or before any municipal, administrative, or regulatory tnbunai (b) In the Company's own right, or in the name of the Insured for the Company's benefit, to compel the giving o undertaking by the person or person from whom [he Insured u entitled 'by law ro such security, bond or undo same amount or amounts [o which Ute Insured would have barn so entitled had this endorsemeM~not been issued; (c) To retain or be paid" out of any such security, bond or underaking, or out ~of any compcnsatioe or funds Company or the Insured, such amount ~ will reimburse the Company for all payments made to the Insured by reason of the insurance afforded by this endorsement, together with all vests end expenses ineurred by the Comq therewith, including ettomey's feo. 3. No rights, beneLfs or defenses are intended to oc shall be deemed to Pow or be made available W any person or e Insured by reason of the insurance afforied by this endorsement, and the In;ured agrees [hat all of the [nsured's r against third parties relating to the subject matter of this <ndonemen[ shall be deemed to have rema"vred intact, in @ if this endorsement had not been issued. This endorsement is made a part of the policy end is subject to all of the terms and provisions thereof and of any 1 [hereto. Except to th< extent expressly stated, i[ neither modifies any of the terns and provisions of the policy and any p nor does it extend the effective date of [hc policy and any prior endorsements, not does it increase the face amount them Signed under seal for the Company, but [he Endorsement is to be valid only when it bran authorized couMersigna[u CEWART TITLE GUARANTY COMPANY ~= osrs ~r Itt`''•«6\~'v~ Wi:'~-~~ ros< ~_~ tsoe ' ES T['%Ay . / Presiden! 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R R ~ ~ ~ w ~ , ~ s ] j N NU ~n 1-I ~N- ~ j ss - -' ~- - ' ~ 3- . . ~ `Y '. Y''3 .. '~ ' Y R R ~' I a r O D r O s~~~~~~ m m ~~~~~~ ~~ ~R~~ ~~ ~ ~ ~~~~ t ~ t ~ '~ ' ~~ ~ f~i ~a Y ~~~ ~~. 1 ~i~ J `~~I~ ~~~ ~~~#E~ ~~~ ~~~ ~ ~~e r 1 ~~)~ .._. _._-.__... - _f Exhibit B. Bl. County BOCC Resolution 96-143 as Adopted, Vacating the Aspen Village Commons Subdivision and Associated Affordable Housing; Granting Scenic Overlay Approval of the Single Family Homesite, Single Family Parcel 1041 Hazard Review Approval, GMQS Exemption and Special Review for Caretaker Unit; Conceptual Submission Approval for a Single Family Homesite near Watson Divide; Special Review Approval for a Ranch Manager Employee Dwelling Unit on the Ranch Parcel. B2. County BOCC Resolution 98-86, Granting Extension of Vested Real Property Rights for Aspen Village, Inc. 1041 Hazard Review Approval (Resolution 96- 143) for Lot A (Single Family Homesite and Caretaker Dwelling Unit Parcel) & Lot B (Ranch Parcel). B3. County BOCC Resolution 233-2002, Granting Approval of the Watson Divide (Aspen Village, Inc.) Minor Amendment to a Development Permit. B4. County BOCC Resolution 080-2003, Approving the Watson Divide Ranch Minor Amendment to a Development Permit and Agricultural Master Plan. B5. County BOCC Resolution 109-2005, Approving the Watson Divide Ranch, Inc. Special Review and GMQS Exemption to Exceed 15,000 Square Feet of Floor Area with a TDR. ~Qfl~~$ Exhibit B1. County BOCC Resolution 96-143 as Adopted, Vacating the Aspen Village Commons Subdivision and Associated Affordable Housing; Granting Scenic Overlay Approval of the Single Family Homesite, Single Family Parcel 1041 Hazard Review Approval, GMQS Exemption and Special Review for Caretaker Unit; Conceptual Submission Approval for a Single Family Homesite near Watson Divide; Special Review Approval for a Ranch Manager Employee Dwelling Unit on the Ranch Parcel. 000039 ._ ~1~L~$!~ DA~IS~6~96 03~1'TK~I COUNTYFCLERI; & RECORDER .:~m~ DOC UCC RESOLUTION OF THE BOARD OF COUNTY COMIYIISSIONERS OF PITKIN COUNTY, COLORADO, VACATING THE ASPEN VILLAGE COMMONS SUBDIVISION AND ASSOCIATED AFFORDABLE HOUSING; GRANTING SCENIC OVERLAY APPROVAL OF THE SINGLE FAMILY HOMESITE, SINGLE FAMILY PARCEL 1041 HAZARD REV~W APPROVAL, GMQS EREMPTION AND SPECIAL REVIEW FOR CARETAKER UNIT; CONCEPTUAL SUBMISSION APPROVAL FOR A SINGLE FAMILY HOMESTTE NEAR WATSON DIVIDE; SPECIAL REVIEW APPROVAL FOR A RANCH MANAGER EMPLOYEE DWELLING UNIT ON THE RANCH PARCEL Resolution No. 96- r y?j RECITALS 2 3 4. 5 Aspen Village, Inc. has applied to Pitkin County for the following approvals: to develop a single family homesite and caretaker unit near Watson Divide on the Single Family Dwelling Parcel (Lot A) to vacate the Aspen Village Commons Subdivision and associated affordable housing obligation and to develop an Employee Dwelling Unit for a ranch manager on the Ranch Parcel (Lot B). Lots A and B are as shown and described on the 1041 Hazard Review Site Plan and aze included within the legal description set forth on Exhibit "A" attached. The application was reviewed by the Pitkin County Planning and Zoning Commission at their regular meeting on February 20, 1996, and the Planning Commission recommended approval with conditions. The Board of County Commissioners reviewed the application at its regular meeting on April 2, 1996, and at the public hearing on April 16, 1996, which public hearing was continued until April 23, 1996, at which time evidence and testimony was presented with respect to this application. The Board of County Commissioners found the application to be in general compliance with the policies and regulations of the Land Use Code. QQfl(~~Lo • 39:.06 iD5/'~B/96 iD3:'"'-' PG c OF 49 ' NOW, TFIEREFORE, BE TT RESOLVED that the Boazd of County Commissioners hereby grants approval to Aspen Village, Inc. for scenic overlay approval of the single T family homesite, single family lot 1041 Hazard Review Approval, GMQS exemption and special review for caretaker unit; conceptual submission approval for a single family homesite near Watson Divide; special review approval for a ranch manager employee dwelling unit on the Ranch Parcel subject to the following conditions: A. The Sinele Family Homesite and Caretaker Unit Parcel -- Lot A. 1. The single family homesite and caretaker unit on the 554 acre Lot A is hereby - approved subject to the following conditions: a. The single family dwelling and the cazetaker unit shall be located within the development envelope as the same is shown on the recorded site plan. b. Pitkin County shall amend its 1041 Hazazd map to more accurately depict the ,.- critical habitat areas as it affects Lot A. c. Driveway lighting shall be prohibited from the development envelope to the Watson Divide Road. d. No domestic dogs shall be allowed. e. Compliance with all wildlife report recommendations as set forth in the Wildlife Evaluation and Conservation Plan prepared by Richard W. Thompson, dated August, 1995, attached hereto as Exhibit "B", as amended. f. To mitigate geologic hazards, soils tests and an engineered foundation shall be required to be submitted with the building permit application. 2 000041 X93062 i_ 05/28/96 03:3P ~~G 3 OF 49 g. Single family dwelling and caretaker unit shall be placed uphill of the existing irrigation ditch and no structure or landscaping within the development envelope shall interfere with the irrigation ditch easement within the envelope or the ability to perform normal ditch maintenance activities. h. Scenic Overlay approval shall be subject to the following conditions and requtrements: • A portion of the building envelope shall be designated with a maximum height limit not to exceed 15 feet. • Use of earth tones or colors on the house. The roof shall be a dark shade of gray or brown. • Promote the use of natural building materials such as stone and wood. • Create soft, sloping and segmented forms when designing the house and its roof. • The roof shall comprise a minimum of 40% of the total new area height of the structure. It shall have an overhang of a minimum of 3'-0" over 80% of the length of the eaves. Roof ends shall be hipped. • The roof shall have a minimum 30° and a maximum of 44° pitch. Alternatively, earth sheltered roofing may be used. • Use landscaping to help the house fit in with its surroundings. • Non-reflective surfaces shall be used. Windows shall be shaded. • Exterior lighting shall be downlighting from concealed light sources. 3 ~Q~~~t~ 39302 05/c8/96 03x3'"' PG 4 OF 49 i. Disturbance of Lot A shall be limited. All development activity will occur within the designated development envelope and the leachfield of - approximately 60,000 sf., or such size as may be approved by the i Aspen/Pitkin County Environmental Health Department, shall be located in the / area shown on the site plan. At least 60% of the driveway shall be along the ~ existing roadway from the Watson Divide Road to the development envelope. The driveway shall be designed to minimum standards to meet fire protection -" requirements. Any areas within the development envelope and leachfield disturbed during construction shall be revegetated. j. Maintain the agricultural activities and use of irrigation water on the property as historically used and for landscaping within the development envelope. All irrigated lands shall remain intact. All landscaping of the property shall take - place within the development envelope. k. The following conditions shall also apply to the development envelope: • Adequate mechanical support shall be provided for cut slopes. • Adding water which may decrease slope stability shall be avoided. - + Adding weight to the top of the slope shall be avoided. • Disturbed slopes must be contoured so that they can be revegetated. - • Steepening of existing slopes shall be avoided. • Confine cuts, fil]s, grading and excavation to the minimum area needed for construction. ® The removal of vegetation shall be minimized to within the development envelope and Ieachfield area. 4 000043 39.3G5c X5/28/96 0.~e?1' F'G 5 OF 49 • Where existing vegetation is altered for utilities or access, the disturbed area shall be revegetated wherever practical. _ • To minimize impacts on wintering wildlife, no construction activity shall take place outside of the dwelling structure from December 1 through March 31 during any year, except that such _ outside construction activity may take place during said period during the first year of construction. Construction hours shall _ be between the hours of 7:00 A.M. and 7:00 P.M. 1. There will be no mesh or woven wire fences, on Lot A. All fences on Lot A shall be limited to a maximum of three (3) strands of wire or three (3) rails ._ and 42 inches in height. During fall and spring deer and elk migration periods, portions of fence shall be taken down to promote wild]fe movement. m. Brush, debris and non-ornamental vegetation shall be removed within a minimum of 10 foot perimeter around the dwelling structure. ^. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart, Page 13, Wildfire Guidelines for Rural Homeowners). ~~~U4~ o. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 5 JJJ®6L 05/8/96 ~D3:3aF 9 6 OF 49 p• q• r. s. t. u. v. w x. Y All branches from trees and brush within the 30 foot perimeter shall be pruned to height of 10 feet above the ground and removal of ladder fuel from around trees and bush. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of aspen trees where the above recommendation for removal of ]adder fuels has been complied with. In areas of aspen regeneration, the spacing guidelines shall be followed. All branches which extend over the roof eaves shall be trimmed and al] branches within fifteen (15) feet of the chimneys shall be removed. The density of fuels within a 100-foot perimeter of the structures shall be reduced where natural reduction has not already occurred. All deadfall within the 100-foot perimeter shall be removed. The owner of Lot A shall be responsible for the continued maintenance of the defensible space vegetation requirements. The house and caretaker unit will be served by a septic system. An area of approximately 60,000 sf., or such area as may be required by the Aspen/Pitkin County Environmental Health Department, shall be provided for the leachfield. This area shall be located on the site plan. All utility lines will be placed underground and along the driveway alignment. Approval of a weed management plan and performance guarantees prior to issuance of any building permits. Execution and recording of a deed restriction for the Caretaker Dwelling Unit prior to the issuance of a building permit. 6 000045 ~93z6~ 05/8/96 ~'- OG FG 7 CF 49 z. Execution of an Avigation Easement with Pitkin County prior to the issuance of any building permits. B. The Ranch Parcel -- Lot B: 1. The ranch manager employee dwelling unit and agricultural outbuildings on Lot B is hereby approved subject to the following conditions: a. The ranch manager's employee dwelling unit and agricultural outbuildings shall each be located within a 5,000 square foot building envelope as shown and labeled on the site plan. b. The ranch manager's employee dwelling unit shall be restricted to AH guidelines adopted by the Aspen/Pitkin County Housing Authority. c. Should the ranch manager's employee dwelling unit not connect to the Aspen Village Sewer System, approval of the individual sewage disposal system permit for the dwelling unit shall be obtained from the Aspen/Pi[kin Environmental Health Department prior to the issuance of a building permit. d. Should the ranch manager's employee dwelling unit not connect to the Aspen Village domestic water system, the owner of the property shall provide the required information by the Aspen/Pitkin Environmental Health Department documenting that the location of the domestic water well meets applicable setback requirements from the sewage disposal system, and that the well can be placed within the building envelope. e_ There will be no mesh or woven wire fences on Lot B. All fences on Lot B shall be limited to a maximum of three (3) strands of wire or 7 OOilU46 393062 05/28/96 0~ ?~F' F'G 8 OF 49 three (3) rails and 42 inches in height. During fall and spring deer and elk migration periods, portions of the fence shall be taken down to promote wildlife movement. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of County Commissioners hereby vacates the Aspen Village Commons Subdivision, including the PMH Parcel as shown on the subdivision plat for Aspen Village Commons, and all obligations relating thereto, specifically including but not limited to, the obligation to construct the deed restricted units associated with both the "Aspen Village Commons" and "Aspen Village River Homes" subdivisions in consideration of Aspen Village, Inc. causing the restriction of up to eleven (11) Lots in the Aspen Village Mobile Home Park (Aspen Village Subdivision) to Category restrictions at the time of recording the Subdivision Plat for Aspen Village and ~rJ(v.7y4 placing RO Residential Guidelines under the .Rgsolutian No. 96- ~ 8 adopted by the Board of County Commissioners on the remainder of the Iots in the Aspen Village Mobile Home Park. APPROVED AND ADOPTED ON THE ,~ ~, DAY OF APRIL, 1996. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ATTEST: 1 r ~~'/~~ ~l~L-/ James R. True, Chazrman e tte Jones ~//- S~ 14'- 4 ry Clerk and 12ecorder - -mate APPROVED AS TO FORM John Ely County o APPROVED AS TO CONTENT Cindy Houben Community Development Director 16b ~:. 8 000047 ,,5~~62 05/28/96 ~: ~JF' PG 9 OF 49 EXIIIBIT "A" TO RESOLUTION NO. 96-~ A TRACT OF LAND SITUATED SECTIONS 1, 2 AND 12 OF TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6th PRINCIPLE MERIDIAN AND SECTIONS 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN, PTTKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 1; THENCE S 89° 59' 42" W, 3742.68 FEET; THENCE S 29° 30' 21" W, 166.79 FEET; THENCE S 37° 08' 11" W, 410.24 FEET; THENCE N 76° 11' 39" W, 812.56 FEET; THENCE S 53° 16' 21" W, 323.79 FEET; THENCE S 26° 54' 16" W, 127.90 FEET; THENCE S 03 ° 27' S0" E, 325.44 FEET; THENCE N 82° 06' 45" W, 180.18 FEET; THENCE N 16° 16' 12" W, 26.94 FEET; THENCE 165.68 FEET ALONG ANON-TANGENT CURVE TO THE LEFT, A RADIUS OF 124.43 FEET, A CENTRAL ANGLE OF 76° 17' 25" AND A CHORD OF WHICH BEARS N 54° 24' S3" W, 153.71 FEET; THENCE S 87° 26' 19" W, 80.45 FEET; THENCE 144.67 FEET ALONG ANON-TANGENT CURVE TO THE LEFT, A RADIUS OF 90.16 FEET, A CENTRAL ANGLE OF 9.1 ° 56' OS" AND A CHORD WHICH BEARS S 41 ° 28' 18" W, 129.64 FEET; THENCE S 04° 29' 47" E, 106.53 FEET; HAVING HAVING THENCE 65.44 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 230.61 FEET, A CENTRAL ANGLE OF 16° 15' 31" AND A CHORD WHICH BEARS 5 12° 37' 36" E, 65.22 FEET; THENCE S 20° 45' 25" E, 29.17 FEET; THENCE 73.78 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 28.25 FEET, A CENTRAL ANGLE OF 149° 38' 18" AND A CHORD WHICH BEARS S 54° 03' 44" W, 54.53 FEET; THENCE N 51 ° 0T 35" W, 49.23 FEET; THENCE 61.12 FEET ALONG ANON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 115.54 FEET, A CENTRAL ANGLE OF 30° 18' 33" AND A CHORD OF WHICH BEARS N 24° 43' 41" W, 60.41 FEET; THENCE N 09° 34' 25" W, 210.91 FEET; THENCE N O1 ° 39' 08" W, 121.71 FEET; THENCE N 89° 43' 08" W, 332.45 FEET; THENCE S 28° 30' OS" E, 1092.47 FEET; THENCE S 51 ° 35' O8" E, 200.60 FEET; THENCE S 03 ° O1' S2" W, 132.10 FEET; THENCE S 41 ° 36' OS" E, 102.00 FEET; THENCE N 75° 03' 08" E, 142.45 FEET; THENCE S 87° 18' S1" E, 22.16 FEET; THENCE S 51 ° 35' OS" E, 254.20 FEET; ic3di_ 000048 39„a6~ 05/8/96 03; ~ GG 10 OF 49 THENCE S 07° 14' 44" E, 2158.42 FEET; THENCE S 39° 20' S0" W, 661.80 FEET; THENCE S 24° 09' S2" W, 355.48 FEET; THENCE S 00° 18' 48" E, 1185.63 FEET; THENCE N 63 ° 09' S6" E, 562.10 FEET; THENCE N 35 ° 20' S6" E, 678.18 FEET; THENCE N 39° 51' 14" E, 69.90 FEET; THENCE N 63 ° 02' 14" E, 254.97 FEET; THENCE N 72° 19' 37" E, 577.52 FEET; THENCE N 39° 51' 31" E, 700.41 FEET; THENCE N 76° Ol' 41" E, 663.19 FEET; THENCE N 80° 51' 09" E, 563.90 FEET; THENCE S 66° 02' 39" E, 573.52 FEET; THENCE N 85 ° 39' 41 " E, 897.65 FEET; THENCE S 75° 40' 27" E, 625.25 FEET; THENCE N 03° 06' 45" W, 624.73 FEET; THENCE N 89° 17' 23" E, 2361.84 FEET; THENCE N 36° 22' S0" E, 978.53 FEET; THENCE N 68 ° 46' 00" E, 184.10 FEET; THENCE N 83° 41' 00" E, 71.40 FEET; THENCE N 85° 19' 00" E, 137.80 FEET; THENCE N 72° 45' 00" E, 422.70 FEET; THENCE S 86° 18' 00" E, 119.70 FEET; THENCE N 85° 49` 00" E, 268.80 FEET; THENCE S 84° 41' 00" E, 117.30 FEET; THENCE S 83° 23' 00" E, 245.80 FEET; THENCE N 80° 14' 00" E, 197.90 FEET; 'THENCE N 83 ° 39' 00" E, 134.50 FEET; THENCE N 78° 28' 00" E, 216.40 FEET; THENCE N 83 ° 10' 00" E, 130.30 FEET; THENCE N 75 ° 46' 00" E, 155.60 FEET; THENCE N 75° 59' 00" E, 78.40 FEET; THENCE N 24 ° 20' 00" E, 196.89 FEET; THENCE N 65° 53' S0" W, 99.07 FEET; THENCE N 65° 53' S0" W, 300.00 FEET; THENCE N 65° OS' 32" W, 297.69 FEET; THENCE N 65° 38' 48" W, 299.66 FEET; THENCE N 45° 29' S2" W, 297.06 FEET; THENCE N 44° 31' 16" W, 324.18 FEET; THENCE N 44 ° 42' S0" E, 199.47 FEET; THENCE N 43° Ol' 10" W, 1070.41 FEET; THENCE S 44° 25' S0" W, 20.40 FEET; THENCE N 55° 21' 40" W, 293.50 FEET; THENCE 232.60 FEET ALONG ANON-TANGENT CURVE A RADIUS OF 1332.39 FEET, A CENTRAL ANGLE OF 10° CHORD OF WHICH BEARS N 56° 34' 10" W, 232.30 FEET; THENCE N 58° 44' 10" W, 173.37 FEET; THENCE S 11 ° 59' S1 " W, 90.43 FEET; THENCE S 77° 32' 38" W, 552.24 FEET; THENCE N 74° 43' 03" W, 684.00 FEET; THENCE N 60° 37' 22" W, 228.50 FEET; ;~.~ TO THE LEFT, HAVING 00' 08" AND A 000049 393062 05/28/96 :30F' PG 11 OF 49 THENCE N 46° 30' S2" W, 700.00 FEET; THENCE S 52° 48' S1" W, 31.78 FEET; THENCE S 21 ° 06' 35" E, 21.98 FEET; THENCE 40.56 FEET ALONG ANON-TANGENT CURVE TO THE RIGHT,, HAVING A RADIUS OF 197.25 FEET, A CENTRAL ANGLE OF 11 ° 46' S5" AND A CHORD OF WHICH BEARS S 19° 52' 34" W, 40.49 FEET; THENCE S 29° 03' 29" W, 202.33 FEET; THENCE 451.64 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 427.82 FEET, A CENTRAL ANGLE OF 60° 29' 11" AND A CHORD WHICH BEARS S 59° 18' 04" W, 430.96 FEET; THENCE S 89° 32' 40" W, 237.61 FEET; THENCE N 62° 31' 42" W, 124.21 FEET; THENCE N 61 ° 0T 58" W, 14.95 FEET; THENCE 91.52 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS 81.11 FEET, A CENTRAL ANGLE OF 64° 39' 00" AND A CHORD WHICH BEARS S 86° 32' 32" W, 86.74 FEET; THENCE S 54° 13' 02" W, 75.78 FEET; THENCE 56.14 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS 169.27 FEET, A CENTRAL ANGLE OF 19° 00' 06" AND A CHORD WHICH BEARS S 63° 43' OS" W, 55.88 FEET; THENCE S 73° 13' 02" W, 115.28 FEET; THENCE S 16° 46' S8" E, 215.00 FEET; THENCE N 20° 44' OS" W, 215.00 FEET; THENCE N 12° 06' S2" E, 497.27 FEET TO THE POINT OF BEGINNING CONTAINING 879.16 ACRES, MORE OR LESS_ i3so:i OF OF 000050 Exhibit B2. County BOCC Resolution 98-86, Granting Extension of Vested Real Property Rights for Aspen Village, Inc. 1041 Hazard Review Approval (Resolution 96-143) for Lot A (Single Family Homesite and Caretaker Dwelling Unit Parcel) & Lot B (Ranch Parcel). 000051 . ®a a re a. ~e v ©..:a N :3.00 PITICIM CO11ldTY e8 RESOLUTION OF THE ARD OF COUNTY COMMISSIOA .S OF PTTKBV COUNTY, COLORATiO, GRAPITIlVG EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR AS^EN VILLAGE, INC. 1041 HAZARD REVIEW APPROVAL (RESOLUTION N0.96-143) FOR LC~T A (SIlVGLE FAMILY HOMESTTE AND CARETAKER DWELLING UNIT PARCEL & LOT B (RANCH PARCEL) Resolution No. 98 Aspen Village, Inc., hereafter "Applicant", has applied to the Pitkin County Board of County Commissioners, hereafter `Board", to consider an extension of vested real property rights for Lois A and B of the Aspen Village (The Conservation Fund), pursuant to Section 4-140.30 of the Land Use Code. 2. The property received a Scenic Overlay Approval of the Single Family Homesite, Single Family Parcel 1041 Hazard Review Approval, GMQS E.~temption and Special Review Approval for a Caretaker Unit; Conceptual Submission Approval for a Single Family Homesite Near Wa=_n Divide; Special Review Approval for a Ranch Manager Employee Dwelling Unit on the Ranch Parcel in 1996 pursuant to Resolution No. 96-143. The site plan was recorded in Book 41, Pages 38, 39 and 40. 3. Lots A and B are shown and described on the Aspen Village, Inc. 1041 Hazard Revietiv Site Plan and aze included within the legal description set fonh on Exhibit A in Resolution 96-143. 4. The Board heard this application at its regulazly scheduled meeting on May 13, 1998, at which time evidence and testimony were presented with respect to the application. 5. lire Board determined that the proposed development meets the criteria established in Section ~- •.40.0 . f the Land Use Code, and therefore found the extension to be apF opriate. NOW, THEREFORE BE Tf RESOLVED by the Pitkin County Board of County Commissioners hereby grants approval to Aspen Village, Inc. an exsension to the vested property rights until April 1, 2002, for Lot A and LoY B subject to the following conditions: 1. The Applicant shall comply with the provision of the Board of County Commissioners Resolution 96-143 unless otherwise replaced or amended by the conditions of this approval. 2. The Applicant shall comply with the amended Pitkin County fencing requirements on Lou A and B. During fall and spring deer and etk mi~ation periods, portions ofthe fence shall be taken down on each side of'~Nauon Divide Road to promote wildlife movement 00005? r..b. - The Applicant shall a. • for and receive an access permit frotr. ;County Engineer prior to the issuance of any building permits. A vaziance from the Board of Adjustment may be required prior to the issuance of an access permit. 4. For any free market residential structure of 5,000 gross square.feef or greater, the applicant shat! comply with Section 4.O 1.01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the applicant to provide consauction trip and residential trip generation studies. The applicant shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 5. Prior to obtaining. a building permit for construction of any structure on the ranch manager property, the Applicant shall consult with the Aspen Village Mobile Home Panic Subdivision Homeowners Association and propose appropriate mitigation for problems of dust, traffic, water use impacts and smell from livestock_ NOTICE OF PUBLIC HFARIN(, p1JBi.r.SUF-n IN T~ ~p~ TIIVIES ON THE ZIST DAY OF MARCH,1998. APPROVED AND ADOPTED ON THE 13TH DAY OF MAY, 1998. :Jones Clerk and BOARD OF COUNTY COMMISSIONERS OF ITKIN COUNTY~OLORADO O7.. ~oro~thea F l_.llalrV i Cam.,-~..~.cJt~ Date: ~ ~~~~ 7 APPROVED AS TO FORM: Jot y, County A Case arP18-98 PID X2643-U6490-128 APPROVED AS TO CONTENT': ~ / Cam'`; -1~ 5- Z7~ ~ Cindy Houben, Community Development Director I!lIII !]111 !Il!!) Illll111l1 I!!II IlIIl1 If I !]Ill IIl1 I!!I SB1r4 06/SR/I958 94:fl8P RESOLLITI DAVIS SYLYI oaf ~ R ~.OD © a,®9 ;y g, a0 PIT'rCIN rpUN7Y ~^ 000053 Exhibit B3. County BOCC Resolution 233-2002, Granting Approval of the Watson Divide (Aspen Village, Inc.) Minor Amendment to a Development Permit. 00005~~ IilllllVIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIII ~~13 2003 02:SBP S7LVIR ORVIS PITKIN GOUNi1' c0 R 0.00 D 0.00 RESOLUTION OF THE BOARD OF COUN"TY COMMISSIONERS OF PITHIN COUNTY, COLORADO, GRANTING APPROVAL OF THE WATSON DIVIDE (ASPEN VILLAGE INC.) MINOR AMENDMENT TO A DEVELOPMENT PERMIT Resolution No.~-2002 RECITALS 1. Watson Divide Inc. ("Applicant") has applied t4 the Pitkin County Boazd of County Commissioners ("BOCC'~ to consider a Minor Amendment to a Development Permit pursuant to Code Section 3-200-080 2. The property is described as Watson Divide Ranch Lot A and B of the Aspen Village Inc. 1041 Hazard Review Site Plan. The property is more specifically described in Exhibit A_ 3. Lots A and B aze zoned AFR-10 and contain 554 and 296 acres respectively. 4. The BOCC heard this application at a public meeting on November 6, 2002, at which time evidence and testimony were presented with respect to this application. 5. The BOCC has deterntined that the proposed development meets the criteria established iri Sections 3-200-080 of the Land Use Code, and therefore found the proposal to be appropriate. NOW THEREFORE BE IT RESOLVED by the Pitkin County Boazd of County Commissioners that i[ dces hereby approve the Watson Divide (Aspen Village Inc.) Minor Amendment to a Development Permit subject to the following conditions, which shall run with the land and be binding on all successors in interest. Condition No. A (1) (h), paragraph No. 5 of Resolution No. 96-143 shall be amended to read as follows: The raofshall comprise a minimum of 40% ofthe total new area in height of the structure. I! shall have an overhang ofa minimum of3'- 0"over 80% ~fthe length of the eaves. The Applicant shall adhere to all material representations made in the application and in the public meetings as represented in Exhibit B . 000055 P ge 2tion No~3.'? -2002 I IIIIII VIII IIIIII VIII IIII VIII IIIIIII III VIII IIIIIIII a L 3 2003 02:50P siLV[R DRV15 PiTK[N DOLWTY CO R 0.00 0 8.00 APPROVED AND ADOPTED ON THE 6TM DAY NOVEMBER 2002. ATTEST: ~ , --~.: Jeanette Jones, Deputy Clerk and Recorder APPROVED AS TO FORM: 3 John Ely, Attorney Case #P135-02 PID# 264306300001 o~~0J6 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ~~ ~ Patti Kay ClapperU~- Chair Date: C'(-L8 -t.~3 APPROVED AS TO CONTENT: l~ mdy Houben, Community Development Director a 353062 05/28/96 ~JP PG 9 OF 49 EXFTII~IT "A" 1111111 VIII 111111 VIII IIII VIII 1111111 III VIII IIII IIII 019 3/,22003 02:50P SILVI" DNVIS PITKIN COUNTY CO R 0.00 D 0:00 A TRACT OF LAND SITUATED SECTIONS 1, 2 AND 12 OF TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6th PRINCIPLE MERIDIAN AND SECTIONS 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 1 THENCE S 89° 59' 42" W, 3742.68 FEET; ' THENCE S 29° 30' 21" W, 166.79 FEEL; THENCE S 37° OS' 11" W, 410.24 FEET; THENCE N 76° 11' 39" W, 812.56 FEET; THENCE S 53° 16' 21" W, 323.79 FEET; THENCE S 26° 54' 16' W, 127.90 FEET; THENCE S 03° 2T SO" E, 325.44 FEET; THENCE N 82° 06' 45" W, 180.18 FEET; THENCE N 16° 16' 12" W, 26.94 FEET; THENCE 165.68 FEET ALONG ANON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 124.43 FEET, A CENTRAL ANGLE OF 76° 17' 25" AND A CHORD OF WHICH BEARS N 54° 24' S3" W, 153.71 FEET; THENCE S 87° 26' 19" W, 80.45 FEET; THENCE 144.67 FEET ALONG ANON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 90.16 FEET, A CENTRAL ANGLE OF 91 ° 56' OS" AND A CHORD WHICH BEARS S 41 ° 28' 18` W, 129.64 FEET; THENCE S 04 ° 29' 47" E, 106.53 FEET; THENCE 65.44 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 230.61 FEET, A CENTRAL ANGLE OF 16 ° 15' 31 " AND A CHORD WHICH BEARS S 12° 37' 36" E, 65.22 FEET; THENCE S 20° 45' 25" E, 29.17 FEET; THENCE 73.78 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 28.25 FEET, A CENTRAL ANGLE OF 149° 38' 18" AND A CHORD WHICH BEARS S 54° 03' 44" W, 54.53 FEET; THENCE N 51 ° 0T 35" W, 49.23 FESI ; THENCE 61.12 FEET ALONG ANON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 115.54 FEET, A CENTRAL ANGLE OF 30° 18' 33" AND A CHORD OF WHICH BEARS N 24° 43' 41" W, 60.41 FEET• THENCE N 09° 34' 25" W, 210.91 FEET; ' THENCE N OI ° 39' 08" W, 121.71 FEET; THENCE N 89° 43' 08" W, 332.45 FEET; THENCE S 28° 30' OS" E, 1092.47 FEEI; THENCE S 51° 35' 08` E, 200.60 FEET; TIIDNCE S 03° Oi' S2" W, 132.10 FEET; THENCE S 41 ° 36' 08" E, 102.00 FEET; THENCE N 75° 03' 08" E, 142.45 FEET; THENCE S 87 ° 18' S 1 " E, 22.16 FEET; THENCE S 51 ° 35' 08" E, 254.20 FRET; I6HOFi' _O U 11.11-.fir 39:..',062 05/8/96 o GG 10 OF 49 . THENCE S 07° 14' 44" E, 2158.42 FEET; THENCE S 39° 20' S0" W, 661.80 FEET; THENCE S 24° 09' S2" W, 355.48 FEET; THENCE S 00° 18' 48" E, 1185.63 FEET; THENCE N 63 ° 09' S6" E, 562.10 FEET; THENCE N 35° 20' S6" E, 678.18 FEET; THENCE N 39° 51' 14" E, 69.90 FEET; THENCE N 63 ° 02' 14" E, 254.97 FEET; THENCE N 72 ° 19' 37" E, 577.52 FEET; THENCE N 39° SI' 31" E, 700.41 FEET• THENCE N 76° Ol' 41" E, 663.19 FEET; THENCE N 80° 51' O9" E, 563.90 FEET- THENCE S 66° 02' 39" E, 573.52 FEET; THENCE N 85 ° 39' 41 " E, 897.65 FEET; THENCE S 75° 40' 27" E, 625.25 FEET; THENCE N 03° 06' 45" W, 624.73 FEET; THENCE N 89° 17. 23" E, 236].84 FEET;, THENCE N 36° 22' S0" E, 978.53 FEET; . THENCE N 68° 46' 00" E, 184.10 FEET; THENCE N 83 ° 41' 00" E, 71.40 FEET; THENCE N 85° 19' 00" E, 137.80 FEET; THENCE N 72° 45' 00" E, 422.70 FEET; THENCE S 86° 18' 00" E, 119.70 FEET; THENCE N 85° 49° 00" E, 268.80 FEET; THENCE S 84° 41' 00" E, 117.30 FEET; THENCE S 83 ° 23' 00" E, 245.80 FEET; THENCE N 80° " THENCE N 83 ° 39' 00" E, 134.50 FEET; 1 11 11111 V III 1 ° THENCE N 78 ' 28 00" E, 2 6.40 FEET; 1 11 11 V III ]I II VII I I IIIIIII II VII I ]III ]I Pape: 4 of 6 II ~ n THENCE N 83° ° 10' 00" E, 130.30 FEET; SILVIR OpViS PITKIN COUNTY CO e 3 003 02:50V R 0.00 0 0.00 THENCE N 75 46' 00" E, 155.60 FEET; THENCE N 75° 59' 00" E, 78.40 FEET; THENCE N 24° 20' 00" E, 196.89 FEET; THENCE N 65° 53' S0" W, 99.07 FEET; THENCE N 65° 53' S0" W, 300.00 FEET; THENCE N 65 ° OS' 32" W, 297.69 FEET; THENCE N 65° 38' 48" W, 299.66 FEET; THENCE N 45 ° 29' S2" W, 297.06 FEET; THENCE N 44° 31' 16" W, 324.18 FEET; THENCE N 44 ° 42' S0" E, 199.47 FEET; THENCE N 43° Ol' 10" W, 1070.41 FEET; THENCE S 44° 25' S0" W, 20.40 FEET; THENCE N 55° 21' 40" W, 293.50 FEET; THENCE 232.60 FEET ALONG ANON-TANGENT CURVE TO A RADIUS OF 1332.39 FEET, A CENTRAL ANGLE OF 10° 00' CHORD OF WHICH BEARS N 56° 34' 10" W, 232.30 FEET; THENCE N 58 ° 44' 10" W, I73.37 FEET; THENCE S 11° 59' S1" W, 90.43 FEET; THENCE S 77° 32' 38" W, 552.24 FEET; THENCE N 74° 43' 03" W, 684.00 FEET; THENCE N 60° 37' 22" W, 228.50 FEET• !REti3 000058 THE LEFT, HAVING 08" AND A X9„062 05/28. . :.;OP FG 11 OF 49 THENCE N 46° 30' S2" W, 700.00 FEET• THENCE S 52 ° 48' S 1 " W, 3I.78 FEET; THENCE S 21 ° 06' 35" E, 21.98 FEET; THENCE 40.56 FEET ALONG ANON-TANGENT CURVE TO THE RIGHT, HAVING A RADILTS OF 197.25 FEET, A CENTRAL ANGLE OF 11 ° 46' S5" AND A CHORD OF WHICH BEARS S 19° 52' 34" W 40.49 FEET; THENCE S 29° 03' 29" W, 202.33 FEET; THENCE 451.64 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 427.82 FEET, A CENTRAL ANGLE OF 60° 29' I1" AND A CHORD WHICH BEARS S 59 ° 1 S' 04" W, 430.96 FEET; THENCE S 89° 32' 40" W, 237.61 FEET• THENCE N 62° 31' 42" W, 124.21 FEET; THENCE N 61 ° 07' S8' W, 14.95 FEET; THENCE 91.52 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 81.11 FEET, A CENTRAL ANGLE OF 64° 39' 00" AND A CHORD WHICH BEARS S 86° 32' 32" W, 86.74 FEET; THENCE S 54° 13' 02" W, 75.78 FEET; THENCE 56.14 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIITS OF 169.27 FEET, A CENTRAL ANGLE OF 19° 00' 06" AND A CHORD WHICH BEARS S 63° 43' OS" W, 55.88 FEET; THENCE S 73 ° 13' 02" W, 115.28 FEET; THENCE S 16° 46' S8" E, 215.00 FEET; _ THENCE N 20° 44' OS" W, 215.00 FEET• THENCE N 12° 06' S2" E, 497.27 FEET TO THE POINT OF BEGINNING CONTAINING 879.16 ACRES, MORE OR LESS. Illllilllll( I~II~~Dill~~~IIII~II~II~fIIIII~I~I~III ~I~IO ~/13 003 02:50P D 0.00 I6kCI 000059 - _ .Rri 18PiiFi~~i®~~ & ~~` ,,_ 5 A 3 fM ~ ~# ~~~ T. 4 j `~' y ~. +~} 3 K ~ li{' f ~~sa} 4.^ W '~ .. `i' I .. ~. oOll~ll0 Exhibit B4. County BOCC Resolution 080-2003, Approving the Watson Divide Ranch Minor Amendment to a Development Permit and Agricultural Master Plan. 000061 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, APPROVING THE WATSON DIVIDE RANCH MINOR AMENDMENT TO A DEVELOPMENT PERMIT AND AGRICULTURAL MASTER PLAN Resolution No.QQ~-2003 RECITALS 1. Watson Divide Ranch, Inc. ("Applicant"), has applied to the Board of County Commissioners of Pitkin County, ("BOCC"), pursuant to Section 3-200-080 of the Pitkin County Land Use Code ("Code"), to relocate the Agriculhual/Ranch Manager Envelope to the North and West, and implement the Agricultural Master Plan for the entire Ranch. 2. The property is zoned RS-30 PUD and AFR-10 and contains 830+ acres. 3. The property is located on Watson Divide. The property is more specifically described as Attachment A. The Property received approval Vacating the Aspen Village Commons Subdivision and Associated Affordable Housing; Granting Scenic Overlay Approval of the Single Family Homesite, Single Family Pazcel 1041 Hazazd Review Approval, GMQS Exemption and Special Review for a Cazetaker Dwelling Unit; Conceptual Submission Approval for a Single Family Homesite near Watson Divide; Special Review Approval for a Ranch Manager Employee Dwelling Unit on the Ranch Parcel pursuant to BOCC Resolution No. 96-] 43. The Ranch then received an Extension of Vested Real Property Rights pursuant to BOCC Resolution No. 98-86. Additionally, the Ranch received a Minor Amendment to a Development Pemut pursuant to BOCC Resolution No.233-2002, which amended the roof criteria. IIIIIIVIIIIIIIIIIIIII IIIIIIIIIIII IIIIII III III 08~~9 9~ 12:40P S i'~_VIP DPVIS Pi TKIV COUP!?Y CO R 0.00 D 0.00 00062. 6. No development of any structures shall be allowed outside of the designated development envelope for Parcels A and B, except for retaining structures necessary for the landslide mitigation and for berms associated with the proposed ponds, as described in the application. At the time of submission of any building permits on Pazcel B, the Applicant shall submit a Landscape Pian for final review and approval by the Community Development Department. Condition No. 2 of BOCC Resolution No. 98-86 shall be amended to read: "The fencing requirements for Parcels A and B shall adhere to the Western Ecosystems, Inc., report dated April 22, 2003 (see Attachment "B"), with the exception ofthe fencing in Zones 10 and 15. The fencing in Zones 10 and 15 shall comply with Pitkin County Land Use Code Section 3-80-080(A)11, regarding Wildlife friendly fencing." 9. At the time of submission of any building permits on Pazcel B, the Applicant shall be required to provide a timetable for the Wildlife Migration Comdor Enhancement as set forth on Page 4, of the Western Ecosystems, Inc. report dated April 22, 2003 (see attachment "B"). A bond shall be required for the completion of this project. 10. At the time of submission of any building permits on Pazcel B, the Applicant shall be required to provide a timetable for the Winter Range Enhancement as set forth on Page 5, of the Western Ecosystems, Inc, report dated Apri122, 2003 (see attachment "B"). A bond shall be requued for the completion of this project. 1 1. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. 12. The Pitkin County Wildlife Biologist and the CDOW Aspen District Wildlife Manager should be allowed access during fall and spring migration to ensure fences comply with approved design standards. 13. Dogs must be kenneled on Parcel B as per §3-80.80(C)(2) and §3-80.80(D)(2) of the Pitkin County Land Use Code. Verification of a dog kennel, run, or other fenced area is required prior to the issuance of a certificate of occupancy. 14. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building and development envelopes and install construction fencing around the perimeter of the development envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. IIII~I I~IfI IIIII~ illl~l IIII ~IIII IIIIII it IIIN III) IIII ®0 86g m ~®tz: aev 000063 5. The BOCC generally finds that the request for the relocation of the envelope and implementation of the Agricultural Master Plan is consistent with the requirements of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Boazd of County Commissioners that it does hereby approve the Watson Divide Minor Amendment to a Development Permit to relocate the Agriculhral/Ranch Manager Envelope to the North and West, and implement the Agricultural Master Plan for the entire Ranch subject to the following conditions: The Applicants shall comply with the provisions of Board of County Commissioners' Resolution Nos. 96-143, 98-86 and 233-2002, unless otherwise replaced or amended by the conditions of this approval. 2. The Applicant shall prepare an amended 1041 Hazard Review Site Plan in accordance with Land Use Code Sections 5-70-040, indicating the relocation of the Agricultural/Ranch Manager development envelope. The 1041 Hazazd Review Site Plan shall also define all areas where agricultural improvements, such as irrigation ditches and ponds, as well as non-native vegetation, including agricultural plantings, wetlands vegetation around the ponds and vegetation manipulation for habitat enhancement may occur. Native vegetation shall be maintained outside of such designated areas and the designated development envelopes as per section 3-80-080 (A}3 of the Pitkin County Land Use Code. The site plan shall be submitted to the Community Development Department for approval and recording, prior to submission of any future building permit applications. The Applicant may, however, submit an application for an earthmoving pemvt for the ponds proposed adjacent to Zone 1, as illustrated on the Master Plan, prior to the recording of the 1041 Hazazd Review Site Plan. 3. The Applicant shall adhere to material representations made during the application process. 4. The Applicant shall be required to obtain an Earthmoving Permit for the represented holding ponds, and any other major modifications to the irrigation ditches and streams. The Earthmoving Permit will require Aspen Valley Land Trust approval. 5. The Applicant shall be required to obtain an Earthmoving Permit for the ground water mitigation and landslide reconstruction work as represented in the CTL/Thompson Inc. Report dated November 6, 2002 (see Exhibit F of the Watton Divide Ranch Application). 00006 I~~~II~III~II~IfII~IIIi~I~~IIIIII~~I1lI~~~IIII ~~I 4s690o tz:~®P siwaa oavts atrKU~ co~rvrr co a e.®® o m.oe 3 APPROVED AND ADOPTED on the 25~' day of June, 2003. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By ~ 0 J k Hatfield, C rman Date t~ 7 03 APPROVED AS TO CONTENT: ----- _. --~a _ -_. ,. ~ Jotm El indy Houben, Community Development Director County Attorney PID# 264306300001 and 264501300012 P048-03 llllllllilllllllllllilllililllllllllllllllllllllllllll®869®6®;z:~®P oooos~ ~, APPROVED AS TO FORM: :~S?,06c' ILS/28/96 Q+; ]P PG 9 OF 49 ' ~ A~'TACHMENT~ ~~ ERHIBTT "A„ RESOLUTION NO. 96- A TRACT OF LANb SITUATED SECTIONS 1, 2 AND i2 OF TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6th PRINCIPLE MERIDIAN AND SECTIONS 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN, PTTKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: BEGINDiING AT THE EAST 1/4 CORNER OF SAID SECTION 1; THENCE S 89° 59' 42" W, 3742.68 FEET; THENCE S 29° 30' 21" W, 166.79 FEET; THENCE S 37° O8' lI" W, 410.24 FEET; THENCE N 76° I1' 39" W, 812.56 FEET; THENCE S 53° 16' 21" W, 323.79 FEET; _ THENCE S 26° 54' 16' W, 127.90 FEET; THENCE S 03° 27' S0" E, 325.44 FEET; THENCE N 82 ° 06' 45" W, 180.18 FEET; THENCE N 16° 16' 12" W, 26.94 FEET; THENCE 165.68 FEET ALONG ANON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 124.43 FEET, A CENTRAL ANGLE OF 76° 17' 25" AND A CHORD OF WHICH BEARS N 54° 24' S3" W, 153.71 FEET• THENCE S 87° 26' 19" W, 80.45 FEET; ' THENCE 144.67 FEET ALONG ANON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 90.16 FEET', A CENTRAL ANGLE OF 91 ° 56' OS" AND A CHORD WHICH BEARS S 41 ° 28' 18" W, 129.64 FEET; THENCE S 04° 29' 47" E, 106.53 FEET; THENCE 65.44 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 230.61 FEET, A CENTRAL ANGLE OF 16° 15' 31" AND A CHORD WHICH BEARS S 12° 37' 36" E, 65.22 FEET; THENCE 5 20° 45' 25" E, 29.17 FEET; THENCE 73.78 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 28.25 FEET, A CENTRAL ANGLE OF 149° 38' 18" AND A CHORD WHICH BEARS S 54° 03' 44" W, 54.53 FEET; THENCE N SF° 07' 35" W, 49.23 FEET; THENCE 61.12 FEET ALONG ANON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 115.54 FEET, A CENTRAL ANGLE OF 30° 18' 33" AND A CHORD OF WHICH BEARS N 24° 43' 41" W 60.41 FEET; THENCE N 09° 34' 25" W, 210.91 FEET; ' THENCE N O1° 39' 08" W, 12L71 FEET; THENCE N 89° 43' OS" W, 332.45 FEET; THENCE S 28° 30' 08" E, 1092.47 FEET; ~; THENCE S 51 ° 35' 08" E, 200.60 FEET; THENCE S 03° Ol' S2" W, 132.10 FEET; THENCE S 41 ° 36' 08" E, 102.00 FEET; THENCE N 75° 03' 08" E, 142.45 FEET; THENCE S 87° 18' S1" E, 22.16 FEET; THENCE S 51 ° 35' 08" E, 254.20 FEET; Fg'sita ))++ II rr II II tt II II((I OOOOE6 II~~II~I~I~I III~I~I~~III fI~I~~~II I~III~~I II ~8sszs 33 SIIWR UnVlS P[iK1N COUNTY CO ~~~I~~~~~~1D~I~® 08/1 D2® 0032.40P ice. .::93~D62 0g/~®/96 ~D3; o PG 10 OF 49 ~-N~ S 07° 14' 44" E, 2158.42 FEET; THENCE S 39° 20' S0" W, 661.80 FEET; TI3ENCE S 24° 09' S2" W, 355.48 FEET• THENCE S 00° 18' 48" E, 1185.63 FEET T~CE N 63° 09' S6" E, 562.10 FEET; THENCE N 35 ° 20' S6" E, 678.18 FEET• THENCE N 39° 51' 14" E, 69.90 FEET• THENCE N 63° 02' 14" E, 254.97 FEET; THENCE N 72° 19' 37" E, 577.52 FEET• THENCE N 39° 51' 31" E, 700.41 FEET; TI~NCE N 76° Oi' 41" E, 663.19 FEET; THENCE N 80° 51' 09" E, .563.90 FEET; THENCE S 66° 02' 39" E, 573.52 FEET• THENCE N 85° 39' 41" E, 897.65 FEET; THENCE S 75° 40' 27" E, 625.25 FEET; THENCE N 03° 06' 45" W, 624.73 FEET• THENCE N 89 ° 17' 23" E, 2361,84 FEET; THENCE N 36° 22' S0" E, 978.53 FEET; THENCE N 6g ° 46' 00" E, 184.10 FEET; THENCE P( 83° 41' 00^ E, 71.40 FEET• THENCE N 85° 19' 00" E, 137.80 FEET; THENCE g 72° 45' 00" E, 422.70 FEET; THENCE 86 ° 18 00 • E, 119.70 FEET; THENCE g 85 49' 00" E, 268.80 FEET; THENCE S ~° 41 ~ E, 117.30 FEET; THENCE N 83 ° 23' 00 „ E, 245.80 FEET; ,tT3ENCE 80° 14. 00 E, 197.90 FEET; THENCE N 7g° 28. ~» E, 134.50 FEET; THENCE N 83 ° 10' 00" E, 130.30 FEETT; THENCE N 75 ° 46' 00" E, 155.60 FEET; THENCE N 75 ° 59' 00" E 78.40 FEET; THENCE N 24° 20' 00" E, 196.89 FEET; THENCE N 65° 53' S0~ W, 99.07 FEET; THENCE N 65° 53 50" W, 300.00 FEET; THENCE N 65° 38' 48" W' 299.66 FEET; THENCE N 45° 29' S2" W, 297.06 FEET; T•FiENCE N 44° 31~ 16w W, 324.18 FEET; THENCE N ~° 42 50 E, 199.47 FEET• THENCE S 43 Ol' 10" W, 1070.41 FEET; THENCE N ~ ° 25 ~, 50 " ~'`r 20.40 FEET; THENCE 2325 21 40 W, 293.50 FEET; 60 FEET ALONG ANON-TANGENT CURVE A RADIUS OF 1332.39 FEET•, A CENTRAL ANGLE OF 10° C.ITHIEGNDCE N WHICH BEARS N 56° 34' 10" W, 232.30 FEET; THENCE S 58 44 10 W, 173.37 FEET; THENCE S ~~° 59 51~ W, 90.43 FEET; THENCE N ° 32' 38 W, 552.24 FEET; THENCE N 74° 43, 03~ W, 684.00 FEET; 60 37 22 W, 228.50 FEET; TO THE LEFT, HAVING 00' 08" AND A iiI~~II~~III~~l~IIT~III~IIIIlrIiI1III~~IIII~~IlI~IIIl~~I 4~t~926 ~3 Q ~ U ~ ~ ~ esiiniz0ea ia:aeP R 0.00 D 0.00 . `.G 39306 05/8/96 FG "`~~F' ~ 11 OF 49 THENCE N 46 ° 30' S2" W, 700.00 FEET; THENCE S 52° 48' S1" W, 31.78 FEET; THENCE S 21 ° 06' 35" E, 21.98 FEET; THENCE 40.56 FEET ALONG ANON-TANGENT CURVE TO THE RIGHT,, HAVING A RADNS OF 197.25 FEET, A CENTRAL ANGLE OF 11 ° 46' S5" AND A CHORD OF WHICH BEARS S 19° 52' 34" W, 40.49 FEET; THENCE S 29° 03' 29" W, 202.33 FEET; THENCE 451.64 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 427.82 FEET, A CENTRAL ANGLE OF 60° 29' 11" AND A CHORD WHICH BEARS S 59° 18' 04" W, 430.96 FEET; THENCE S 89° 32' 40" W, 237.61 FEET; THENCE N 62 ° 31' 42" W, 124.21 FEET; THENCE N 61 ° 07' S8" W, 14.95 FEET; THENCE 91.52 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 81.11 FEET, A CENTRAL ANGLE OF 64° 39' 00" AND A CHORD WHICH BEARS S 86° 32' 32" W, 86.74 FEET; THENCE S 54° 13' 02" W, 75.78 FEET; THENCE 56.14 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 169.27 FEET, A CENTRAL ANGLE OF 19° 00' 06" AND A CHORD WHICH BEARS S 63° 43' 05" W, 55.88 FEET; THENCE S 73° 13' 02" W, 115.28 FEET; THENCE S 16° 46. 58" E, 215.00 FEET; THENCE N 20° 44' OS" W, 215.00 FEET; THENCE N 12 ° 06' S2" E, 497.27 FEET TO THE POINT OF BEGINNING CONTAINING 879.16 ACRES, MORE OR LESS. 1 SILVIA DHV IS PITKIN CWNTY ;:° R 0.00 D 0.00 ooous~ '~~ w ~'Destern ~'cosystems, canc. ecological (,'onsultanEs 905 Yl7est (,'oath .load, ;Boulder, C'O 80302 1l Ii ATTACHMENT (303 442- 6144 April ~, 2003 111111111111111111111111111111111111111111111111111111188fi9 06 iz: co R 0.00 D 0.00 40P Mr. Joe Wells Joseph Wells Land Planning 602 Midland Park Place Aspen, CO 81611 Re: Wildlife evaluation of the proposed Watson Divide Ranch Master Plan, Pitkin County, Colorado. Dear Joe, Per your request, this letter addresses relevant, wildlife related issues associated with the proposed Watson Divide Ranch Master Plan. As you know, I prepazed the wildlife evaluation and conservation plan (T'hompson 1995) for the property that was part of the 1996 County approval (as Exhibit B of Reso. No. 96-143). The property has been vacant and agriculturally dormant £or decades. The new owners of the property want to reestablish and develop agricultural uses of the property in a manner consistent with the terms of the Conservation Easement (Aspen Valley Land Trust 1998). Board of County Commissioners (BOCC) approval of future conditions on the subject property required (Reso. No. 96-143, Page 2, R, 1. e.) compliance with all recommendations of Thompson (1995). Please recognize, however, that Thompson's (1995) report emphasized preserving the wildlife values of the property and did not recognize all potential conflicts associated with restoring the property to a working ranch. Nevertheless, the proposed restoration, habihtion, and operation of the property would be consistent with all wildlife related recommendations of Thompson (1995). However, some Master Plan components require additional discussion to demonstrate the required consistenry. Such components are addressed below. f' Figure 1 illustrates the proposed Master Plan and management zones. Figure 2 illustrates components within the relocated agricultural development envelope. Relocation of the Agricultural Building )Envelope The Ranch Manager's Employee Unit Development Envelope and Agricultural Out Buildings Envelope on Lot B aze currently located in irrigated pasture on the eastern periphery of the lot, contiguous with the Aspen Village Trailer Park and a sewer treatment plant. Thompson (1995, Page 24, Para. 5) specified that the envdopes be located in the lower irrigated hayfield, but did not recommend a specific location. However, it is likely that wildlife related recommendations during undocumented discussions included locating the envelopes within existing human disturbance zones along the eastern and northern flanks of the lower pasture to maximize habitat effectiveness of native 000069 ~: ' ~~ Mr.]oe Wells II~IIIIII~IIIIIIIIT~Ii~IIIII~~~~I~III~I~IIIIII~l1I~~~fI 8869s7a6 iz:aov Apn122, 2003 R e . ee o e . ee Page 2 ~i habitats above the irrigated hayfields and of the non-native hayfields themselves. It is my understanding that the existing envelopes were established in their present locations to facilitate connections with the Aspen Village domestic water and sewage systems (BOCC Reso. No. 96-143, I Page 7, B, 1. c. and d.). However, trtese envelopes may be relocated within the lower irrigated hayfield i on Lot B with BOCC a royal ~4s~en . - PP ... ;. ,u Y~ey T;ands"Tnist 1998, Page 1, Para,.D)= The current Master Plan proposes combining the Ranch Manager's Employee Unit Development ~1 Envelope and Agricultural Out Buildings Envelope and relocating it to the northwestern comer of the lower irrigated hayfield (fig. 1). This proposed location in a slight depression was selected partly to minimize visual impact while locating the fadlit~ within Watson Divide Road's zone of disturbance. Riparian vegetation, including, but not limited to, shrubs, a mid cano ~ e'~ ~ willow tree ), andr Py ( $, narrowleaf cottonwoods (D. Carpenter, DHM Design, pers. comm.) planted along a series of ponds and an imgation ditch to the southeast of the envelope, will partly screen facilities and activities within the envelope from potential wildlife use within the remaining majority of the lower imgated hayfield. A possible inconsistency with the proposed envelope is that it ts^3;;]i;acFes, while the ex~stin~ Ranch ;yMnnager's Employee Unit DevelopmentEnveto e3nd'A cult~ucal.putBuildin "`'- ' ' acres (Thompson 1995). This is attributable to the proposed envelope extending Coen~~omFpassopen shelters associated with each of 12 horse paddocks (Fig. 2). Such shelters aze considered structural developments, which were to be contained within the envelope(s) (Thompson 1995). The discrepancy is immaterial relative to preserving the property's conservation values, but it differs from what was previously documented (Thompson 1995). In addition, Thompson (1995, Page 26, 2.} recommended that: Any corral fencing for horses adjacent to the ranch manager's/ employee's residence shall be contained within the 5.0 acre development envelope. The proposed horse paddocks (Fig. 2) represent corral fencing. If this fencingwere included in Lot B's proposed development envelope, it would total around 10 acres, also exceeding the 5.0-acre envelope previously considered. This larger envelope would also be located entirely innon-native pasture, outside of movement comdors, and outside of what should be designated as big game winter range (see Thompson 1995, P 11-]4 ,. "`" a$eS ) „t1s: such, this,lacger crjv¢I6pe wouldsfi71 be consistent andt the original intent of _ preserving the agricultural and unldlife conservatrpn,values on the ranch, though it would differ from the , size of the envelope previously considered ('Thompson`3995). ;, ., .., Ponds Four sets of ponds aze proposed on the property to retain water, to provide/ enhance wildlife habitats (open water, welands, and riparian) not currently present, and for aesthetics. The ponds will increase native vegetation and wildlife diversity. Ponds neaz Lot A's proposed home site were reduced in size and reconfigured to be compatible with adjacent wildlife movements (Thompson 1995). Ponds were ~~~o7p R Mr. Joe Wells Apnl 22, 2003 I ~IIIIIQIIIII IIIIII IIIIII IIII VIII lillll III IIIIII III IIIIe a 869 063a12'40P Page 3 not addressed by Thompson (1995) or Aspen Valley Land Trust (1998), however they are considered consistent with the property's conservation values because ponds are valid agricultural Features and they would enhance wildlife values. It is recommended that ponds located in pastures seasonally grazed by domestic livestock should be fenced to exclude livestock from access to flanking wetlands/ ripazian habitats that would otherwise be destroyed. Fencing The Master Plan proposes Eve foot-six inch Fencing in the. riding arena, hot pen, and walker areas, all located within the relocated agricultural development envelope (Fig. 2). Horse paddocks would be limited to four foot-six inch Fencing. ~ ~~ i~ The fairly extensive horse paddock fencing and the barrier presented by other struchrres within the proposed agrctiltural development envelope would not impair big game movements through the lower imgated pasture. Such movements do not occur now because of fencing barriers present on the Gerbaz and Stutsman properties on the opposite (.e., north) side of the road (Thompson 1995). As such, this fencingwould not have a material adverse impact on the conservation values of the property's "open area" and would be consistent with the conservation easement With respect to the above fencing within the agricultural development envelope, Thompson (1995, Page 2G, 2, Sent. 3) recommended, but did not require, that such fencing be compatible with wildlife movements. While the County (BOCC Reso. 96-143, Page 2, A. 1. e.) required compliance with this recommendation, it initially superceded the Thompson's (1995) recommendation by requiring (BOCC Reso. 96-143, Pages 7-8, B. 1. e.) that "all fences on Lot B shall be limited to a maximum of three (3) strands of wire or three (3) rails and 42 inches in height" However, in a later resolution (BOCC Reso. 98- 86, Para 8 [2.D the County recognized that fencing to contain livestock on agrcultrral lands could exceed recommended specifications for fencing compatible with wildlife movements. ect Ls, z3+, sifted b the Assessor's Office as a~iclilfiit2 ar1c1'jYutsuanCmL"aUn Ordinance 9&20, such parce,~s --may have fences of up to six feet rtr heightw~thout requiring a permit 'llterefore, the proposed fencing M within the agricultural development envelope would be consistent with Thompson (1995) and County policy. The Master Plan also proposes four foot-six inch pasture fencing to contain horses in Zones 11, 12, 13,14, and 17 (Fig. 2). While such agricultural Fencing would be allowed (pursuant to County Ordinance 98-20), it would not be compatible with wildlife movements or with recommendations of Thompson (1995). The issue then becomes to what extent the proposed fencing might significantly impair or interfere with wildlife (specifically elk and deer) use of these areas or the larger property? Zone 13 is the horse paddocks described above and needs no further discussion. Pastures and hap fields in Zones I1, 12, and 17 would be effectively isolated as grazing habitat by structures and fencing associated with the agricultural development envelope and the Zone 13 horse paddocks. These azeas did not receive much big game use because of their Location adjacent to disturbances associated with Watson Divide Road, existing residences and fencing on the opposite side of the road, and Highway 82. If the agricultural development envelope and horse paddocks aze developed in their proposed [orations, the proposed fencing in Zones 11, 12; and 17 would have no material effect on big game Foraging opportunities. 000071 , .....,,~o J Mr. oe Wells Page: 3f of f3 ~; J ~I~~~~~~~~fII~('~~II~II'I~i~~lll~lll~III~I~I~I~IIIIII~I 486926 April 22, 2U03 St~VtA OAVIS P3TKiN COUNTY CO 00/39/2003 12:g0p R 0.00 D 0.00 Page 4 Proposed fencing in Zone 14 would be expected to reduce big game transitional range use of this hayfield, which is more isolated from the disturbances identified above. The loss of this 11.6 acres ofnon-native habitat would be more than offset by the increased productivity resulting from the renovated hayfields and pastures throughout the ranch. While such big game use ofalfalfa-hayfields should not be encouraged, .such use is part of the propert}~s values that the Conservation Easement seeks to protect The fast management priority of this hayfield should be to produce hay, with secondary uses of wildlife forage and horse pasturing. The loss of this hayfield would not result in "a material adverse impact on the Conservation Values of the Open urea of the Property" (Aspen Valley Land Tnlst 1998, Page 5, Para F). _ Therefore, Zone 14's wildlife restrictive fencing would not be inconsistent with teens of the Conservation Easement However, when this zone is not in use outside the growing season it would be benefiaal if big game had access. h n reeorrpelerfded that the southwest and southeast sides of the Zone 14 fencing be modified to avow kai~guim abeess. Fence modifications could include, but not be limited to, removing the Lop rails in the identified Fence sections, removing all rails in every fifth section of fencing, and/or opening ~.~ gates in every fifth section of fencing. _ The Master Plan also proposes four foot-six inch pasture fencing to contain horses in Zones 10,15, 16, and 18 ~g. 2), however this fencingwould have removable top rails on those sections specified below _ that, when removed, would make the Fencing compatible with wildlife movements. The following fence sections would have removable top rolls: Zones 10 and 15 -all sections; Zone 16 -south and west sides; Zone 18 need not have removable top rails because it adjacent to Highway 82. It would probably be better _ for deer and elk if they were restricted from Zone 18's pasture and more importantly, the temptation to r ~ cross the highway in this area. The above sections of fencing shall have thew top rails removed during the spring and fall transitional range use periods, April 15 to June 1 and October ] 5 to December 1, dates " frfclus~ve; respectively. Although elk also use these now abandoned Lot B hayfields during winter range (Dec. 2 to April IS); after these hayfields are restored, managed (i.e, cut), grazed as pasture, and then 'covered by snow, inadequate forage would remain to wafrant leaving the top rails down over winter. However, if individual zones or all of these zones are not needed for pasturing horses, the ranch manager { ;should leave. the top fails down to facilitate whatever big game use might occur. E, -. ~.;,. - . All odfer fearing proposed and to be retrofitted on tl~e ranch would be compatible with recommendations ofThompsoti„(1995) and the County fencing policy. L: :_;,~ x•.-,.~y ,~ ,~~~£'ricultural TJses Proposed agricultural uses of the property (e.g., W2 Design 2003) are consistent with those anticipated rl~}~,~ by Thompson (1995) and Aspen Valley Land Trust (1998). ~ Wr7dirfe Migration Corridor Enhaarement ~:: ,. ;.,_;._.;;000072 ""A portion of the property at the northern junction of Lots A and B is proposed for native habitat restoration to enhance mountain shrub habitat values and big game migration through the eastern of two CDOW-designated migration comdors crossing Watson Divide Road. Mountain shrub reestablishmentwill increase winter range forage and better direct big game movements through the .migration corridor. Fencing modifications ('Thompson 1995 and those deveh~ped as part of the Master ~~ Apri122,v2003 IIIIIII~IIIIIIIIIIIIIIIII~IIeIIIIIIIIIIIIIIIIIIIIIIIIIII 486900G3f12340C p~ 5 a ®.Be o B.ee Plan [DHM Design, pers. comm.]) will further enhance movements and decrease road-kilt potential. This measures goes beyond recommendations of Thompson (1995) to maintain wildlife conservation values on the ranch. The approximately 15-acre treatment area was selected because it contains most of the specific movement routes within the existing migration corridor, it contains landforms directing movements, it is topographically buffered from the agricultural development envelope, and native habitats facilitating movements could be restored in this corridor. Although the primary road crossing points in this corridor aze within hairpin curves where horizontal sight-distances are limited, road design and conditions reduce vehicle speeds to velocities that are less likely to result in wildlife mortality. Native habitat restoration is proposed in two patches on opposite sides of Wauon Divide Road. The patch on the south side of the road follows the top a ridge, now a formerly irrigated meadow, that is now used for migratory. movements. The community to be restored on this relatively mesic, north- facingslope, would be the same as that present on the contiguous slope to the east, dominated by Gambel's oak (,Qrren7crgambelir), serviceberry (14melanchierabtifoGrr), and big sagebrush (flnemiria tndentata). ~1 Subdominant associates could include snowbecry (Sympborzcmpor rotrnr~~ur), antelope bitterbn,sh (Purrhia ^' hidentata), and chokecherry (Prunar rsrginianxr). While the County (BOCC Reso. 96-143, Page 4, j.) required that "all irrigated lands shall remain intact", this ridgeline is one of the least conducive azeas of the ranch to irrigate, the vast majority of irrigated lands on the property will be restored, and the proposed treatment will restore important wildlife habitat. ' The xecic, south-facing patch (north of the mad) appeals to have been historically cleared of sagebn~sh and used as a dryland pasture. Scattered Rocky Mountain junipers (Juniperru rcofiwlorum) remain. Habitat restoration in this patch would be more successful establishing sagebrush and native grasses. ' Winter Range Enhancement Most of the property supports native mountain shrub habitat that is empotrant transitional and winter range for the local big game population. However, much of this habitat is decadent with reduced forage values. The 1Vtaster Plan proposes to treat particularly decadent stands by selectively ptunitig==~ r dormant shrubs in 5-acre patckle{ to rpvi~tye this habitat and tnaease forage availability.. it.ts . 1 ri:commended that iniha~ treatments be Linttec~ tol~iu trt'rJtej~ian three, 5-acre patches before regeneration monitoring by a tjuahff8ii'IiCologtst delemvnes that such treatments, as modified, are; 1 achieving desired results. Depending upon how many treatments are implemented, such habitat e enhancement would compensate for reduced grazing opportunities on the Lot B hayfields. j Conclusion For the reasons discussed above, the proposed Master Plan for Watson Divide Ranch would be consistent with the intent of Thompson (1995), County polity, and the intended preservation of wildlife and agricultural conservation values on then property. Indeed, most of the Master Plan components discussed herein (e.g., ponds, riparian corridors, migration comdor and winter range enhancement) surpass the recommendations of the conservation plan and would have a positive effect on the property's wildlife and other censeroation vaiues. OUOU73 _ ~2 w a 486926 Mr. Joe Wells ~ ~~~~~~ 11111111111111~~~ ~~~~ ~~~~~ ~~~~~~ ~~~ ~~~~~~ lll l~l~ Pa9`' 13 or s 3 SILVIR DgV75 PITKIN COUNTY Cp 08/14/2003 12:40P April 22, 2003 a e.ee o 0,ev Page 6 Please call me if you have any questions. Sincerely, Richard W. Thompson A Certified Wildlife Biologist Westem Ecosystems, Inc. RWT/s Attachments C:\...\Watson Divide Ranch\0422-03 Mmce~Pl.n LC~wJ Welb Literature Cited: Aspen Valley Land Trust. 1998. Deed of conservation easement, Aspen Valley Land Trust (Aspen Village). Aspen Valley Land Trust, Aspen CO. Thompson, RW. 1995. Wildlife evaluation and conservation plan for the Aspen Village property, Pitkin County, Colorado. Westem Ecosystems, Inc. Boulder, CO. 35 pp. W2 Design. 2003. Wheeler Ranch Report. W2 Design, Ranch Management Consultants. Aspen, CO. Mar. 14. 6 pp. o®i~~7'~Y ~~ Exhibit B5. County BOCC Resolution 109-2005, Approving the Watson Divide Ranch, Inc. Special Review and GMQS Exemption to Exceed 15,000 Square Feet of Floor Area with a TDR. 000075 RESOLUTION OF THE BOARD OF COUNTY COD~'IISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE WATSON DIVIDE RANCH, INC. SPECIAL REVIEW AND GMQS EXEMPTION TO EXCEED 15,000 SQUARE FEET OF FLOOR AREA ~'i'ITH A TDR Resolution No.[Q~-2005 RECITALS 1. Watson Divide Ranch, Inc. ("Applicant"), has applied to the Board of County Commissioners of Pitkin County, ("BOCC"), pursuant to Section 3-200-090 and 3-210-020 of the Pitkin County Lazid Use Code ("Code"), to exceed 15,000 sq. ft. of floor area with the use of a TDR for the development of 2,385 square feet of floor area (subgrade space, small enclosure and a trellis). 2. The property is zoned RS-30 PUD and contains SS4 +/_ acres. 3. The properh~ is 1220 Watson Divide Road and is more specifically described in Exhibit "A". 4. The parcel received Scenic Overlay, 1041 Hazard Review, Special Review for a CDU, Conceptual Submission and Special Review for a Ranch Manager EDU approval in 1996 pursuant to BOCC Resolution No. 96-143. The parcel then received an Extension of Vested Rights (BOCC Resolution No. 98-86) and Minor Amendment (Resolution No. 233-2002). S. The BOCC reviewed the application at a duly noticed public hearing on July 27, 2005, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkut County Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Watson Divide Ranch, htc. Special Review to exceed 15,000 sq. ft. of floor area with the use of a TDR subject to the following conditions: ] . All conditions of BOCC Resolution Nos. 96-143, 98-86 and 233-2002 remain in full force and effect unless specifically amended herein. 2. Tito Applicant shall adhere to all material representations made in public hearings and in the application. 3. At time of building permit submittal, Applicant shall submit to Community Development one executed, irrevocable certificate of a TDR and a recorded deed evidencing the sale or transfer of the certificates to the lot owner. 4. The 2,385 square feet of additional square footage shall only be utilized for the following: 1,928 square feet Existing crawlspace to be converted to subgrade space for additional lip ins area. Y S 1 square Feet: hrtemal coum and garage entryway to be enclosed. S' d06 square`eet: E~terna] (;outlt facing) trel]is over an existing deck area. I~~ ~ ~II~~ ~~ 8~ i ~!! ~~~ ~ ,II I~ ~1' ~II ~8,9; I ~i III a90a~00s aa:za 51_v:9 'qV:S F1'KIN COUNrY Co R 0.00 G 0.00 000076 ~~ io4- epos 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on July 27, 2008. '\OTICE OF PiBLIC HEARLNG PUBLISHED LN THE ASPEN TL17ES ~1'EEIiLY on the 2Th dad of.iune, 2005. APPRO`v"ED A1-D ADOPTED on the 27"' day of July, 2005. y"ESTED RIGHTS NOTICE PUBLISHED ON THE LL DAY OF ~ // , 2005. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. C'OLO~~RADO ~i~ S~%~a fGl~~ -Aatti-IEay~apper, N ~ l rely, p D Chair 1/tcc -C ~'Lh i(Z Date: _ 5j- y-OS APPROVED AS TO CONTENT: C~-t- m y Houben, Community Development Director (~~ / ''7 ~'7 ~ I~~IIII~IIII~II~~I~II.II~I~~III~I~~I~~I II~ ~~II! Ij~l1~~~ 513 z27 4 O O l1 C~ ( ! ~"" `'o R 0.00 G ./_000004:29 Case:uP120-OS 26401300013 r SCHEDULE A Order Number. 00029304 ' LEGAL DESCRTP770N PARCEL A: A parcel of Land situated in Sections 1, 2 and 12 of Township 9 South, B6 West of the 6th Principal Xeridian, Pitkzn coonny, Colorado descril follows: Beginning at the E 1/4 .Section I, said point being the Point of 8eginr. thence S B9°59'42" W, 3742.68 feat; thence S 29°30.21" W, 166.79 feet; ' thence S 37°0'8'11" A, 410_24 feet; thence N 76 °ZZ '39" W, 812.56 feet,- thence S 53 °I 6'21" W, 323.79 feet; thence S 26°54'16^ N+, 127.90 feet; thence S 03°27'50" E, 325.44 feet; thence N 82 °OG'45" W, 180.18 feet; thence N 16°16'12" fJ, 26_94 feet; thence 165.68 feet along a curve to Lhe Zeft, having a ra divs of 124.9 a central angle of 76°17'25^ and a chord of which bears N 54°24'53" W, feet; thence S 87 °26 'I 9" W., 80.45 feel; thence 194.67 feet along a curve to the left, having a ra divs of 90.16 a central angle of 93°56'05" and a chord of which bears.S 91 °28 'I 8^ W, feet; thence 5 09°29.47" E, 106_53 feet; thence 65.44 feet aZ:ong a curve to the Zeft, having a radius of 230. 6Z central angle of 16°15'31" and a chord of which bears S 12°37'36" E, 6 feet; thence S 20°45'25" E, 29.17 feet; thence 73.78 feet along a curve to the right, having a radius of 28.25 central angle of 149°38'18" and a chord of which bears S 54°03'44" W, feet;' - ~-~ thence N 51°07'35" W, 49_23 feel; eh ence 61.12 feet along a curve to the righ-t, having a radius of 115.5 a central angle of 30 °I8 '33" and a chord of which bears N 24°43'41" W, feet; thence N 09°39'25" W, 21D.9I feet; thence N 01°39'08" W, 221,71 feet; thence N 89°43.08" W, 332.45 feet; thence S 28°30'08" E, 1092.47 feet; thence 5 51°35'08" E, 200.60 feet; thence S 03 °01 'S2" W, 132.10 feet; II~~IIIIIIIIh~I~IIIIIII~II~III~IIIIIII rI I thence 5 4I °36'08^ E, 102.00 feet; I IIII~iI~IIIII~II 8 032 05 ©4:25 thence N 75 °03 'OB" E, 142.45 feet; Pa thence S 87°I B'S1 ^ E, 22.16 feet; slLVlq DgVIS pITKIN et 3 of q COUNTY CO thence S 51°35'08^ E, 254.20 feet; R 0,00 D 0.00 thence S 07°19'44^ E, 1158.42 feet; thence S 39°20'50" W, 661 .BO feet; Lhe;,ce S 24°09'52" W, 355.98 feet; , thence S 00 °1 8'48•' E, 1185.63 fee[ to Lhe boon dary of WiZ dcat Ranch; Continued on next page ~OIJU 10 .- Con tinvation of Schedule A - LeyaZ Description order Number: 00024304 thence along the botindaiy of Wildcat Ranch; thence N 63°09'56" E, 562.20 feet;. thence N 35°20.56^ E, 678.18 feet; thence N 39 °51 'I9" E, 69.90 feet; thence N 63°02'14" E, 254.97 feet; thence N 72°19'37" E, 577.52 feet; thence N 39°51'31" E, 700.91 feet; thence N 76 °01 .9Z" E, 663.19 feet; thence N 80°51'09" E, 563.90 feet; therce~S 66°02'39^ E, 573.52 feet; thence N 85°39'91" E, 897.65 feet.; thence 5 75°40'27" E, 625.25 feet; thence N th 03°06.95" ° . " W, 619.18 feet departing the Wildcat Ranch bovndar ence S B9 17 23 W, 375.27 feet; l thence N 00°70'41" W, 3420.42 feet; thence 28 7".19 feet alo ng a curve to the right, having a radius f a central angle of 9'9° 53'00` and~a chord of which bears o 215. N 98° . feet,- . 16 32" E, thence N 12°05'10" E, 498.35 feet to the Point of Beginning parcel W h and P ' i of Zand situated Sections 6~and 7, in Sections 1 and Township 9 South, 12, Townshs 9 south, Rang Range B5 est of the 6th r paZ Heri dian, Pitkin Covn ty, Colorado describ as ~foZlows: Beginni at the point whence the South East Cor7ier of said Section 6 47 °~43 '27 E, 2695.78-feet; thence N 5 °21'90" W, 730.]4 feet to the Ea erly ba vn_dary of the Amen Dovole X Qv ter Circle~Ranch S~bdivision- thence 232.60 eet along a curve to the .eft, having a ra_divs of 1332.39feet, central angle of ZO"0 '08^ and a chard of which bears 56°34 'I0" W, 232. O~~fee E; -~ ~~ -" tien ce N 53 °44 'i O" W, 173.37 fee ~ ~~ thence 5 11 °59 'SI" 90.93 fe thence S 77°32'38^ W, 52.24 eet; thence N 74°43'03" W, 4. feet; thence N 60°37'2?" W, 22 50 feet; thence N 46°30'52` W, 0. 0 feet; thence S 52°48.51" W 32.78 eet; thence S 2I°06'35" 2I .98 et; thence S 19°52'3 W, 40.49 fe t; thence S 29 °03 29'• W, 202.33 fee ; thence 451. feet along a curve a central ngle of 60 °19'22" and a feet; th enc S 89°32'40" W, 237.61 feet; the e N 62 °3I '42" W, 124.21 feet; t ence N 61°07'58" W, 14.95 feet; the right, having a radius of 427. fiord of which bears S 59 °18'04'• W, Continued on next page m N R 1~ "- v~ o° N °mm N a N m ~o v m T p~ ~ f17ao m ~- m ~~ m ~~ o: ~~~ ~~ ~.~.. ® ° v ~~~ T 2 ~~~~ U ~~~ a ~~ ~ ~~ ~~ o a J ~~ 000079 COM~SJNITY DEVELOPMENT DEPARTME• 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Plannuig Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUCO1 County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing ]90 Land Management 209 Redstone HPC 206 V/ildlife Officer Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal 158 BFD Fire Marshal Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan Copy 185 Park Dedication 186 Parking Cash in Lieu IS GIS Requirements 161 Housing Impact Fee B1202 Road Impact Fee B1203 Schoollmpact Fee TOTAL ADDRESS/PROJECT: -~- PHONE. CHECFa ~+ CASE/PERMIT#: DATE: ~ INITIAL:-