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HomeMy WebLinkAboutpitkin.planning.264515300018~~~'IJ1VI~~~' ~ ~~'~~J'I' TIFFS F; FLF/ MAY ~R lo~FAY ?dOTi CQ~NTAIN ALY, (}F TF-IFJ II~FQ~RMATi FAN LFS'I'LFD BLLQW FN TFiF IaCLL~WZNG ®FZF3EP Su~nr~sar,~ Sheet F2esola~ti.on fear the BCC and/or P&~ ®rdinance for tlae BmCC and/or P&~ F~eterinination for the FFearing ®fficer Adaeainistrative F2eteranination Staff Merino Application Pnblac 1Votice, Acceptance Letter, Id.eferral(s) Letter Site Plan Miscellaneo~es Plat(s) Parcel ID: 2645-15-3-00-018 Application Date: 9/3/08 Case No: P105-08 Description: Chateau Snowmass LLC Activity Envelope Review and Scenic/Ridgeline Planner: Mike Kraemer Review and Special Review for a Caretaker Dwelling Unit # Copies: 5 Allocated Hours: 13 Project Address: NO ADDRESS ASSIGNED, SNOWMASS, CO 81654 % Over Hours: 5.6 Property Owner: CHATEAU SNOWMASS, LLC Address: 0201 W 81ST ST, #3F Owner Phone: NEW YORK, NY 10024 Owner's REP: GLENN HORN Address: 215 S MONARCH ST, 104 REP's Phone: (970) 925-6587 ASPEN, CO 81611 REP's Email: Referrals: ALL OTHER REFERRALS Other Referrals: Snowmass/Capitol Creek Caucus 2/12/09 CDOW Housing 10/8/08 FIRE DEPT -BASALT Comments Due Date: 09/09/2008 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 09/21/2008 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 026-2009 #558689 Other Information: VR Approval Date: 05/04/2009 Plat Recorded Date: VR Expires Date: 05/04/2012 Plat (Bk, PG): Remarks: vested pn 5/17/09 Application Type: Activity Envelope caretaker Dwelling Unit (CDU) Scenic/Ridgeline Review Minor Special Review ADMINISTRATIVE DECISION OF THE PTTKIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DDtECTOR GRANTING APPROVAL FOR THE CHATEAU SNOWMASS LLC ACTIVITY ENVELOPE, RIDGELINE REVIEW, AND SPECL4L REVIEW FOR A CARETAKER DWELLING UNIT Administrative Decision No~.y~ - 2009 RECTTALS 1. Chateau Snowmass LLC (hereafter refereed to as the "Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") for Activity Envelope Review approval, Ridgeline Review, and Special Review for a Caretaker Dwelling Unit. The request also indicates the intent to re-vest previous envelopes and the ridgeline review approval. 2. The property is a metes and bounds pazcel located in the Shield O Mesa Subdivision on Monastery Cutoff Road. PID#: 2645-153-00-018 (Legal Description, Attachment A). 3. The parcel is approximately 38 acres, is in the RS-30 zone district, and is conforming in size. 4. The parcel has received 1041 Hazard Review on two separate occasions. Hearing Officer Determination No. 5-2001 (Reception No. 454627) approved three (3) separate envelopes for a single family residence, access and landscaping, and the waste water disposal system. In 2005, the pazcel received a second 1041 Hazard Review approval pursuant to Hearing Officer Determination No. 25-2005 (Reception No.515113) that reapproved the same three envelopes. Soon after this Determination, a minor amendment to a development permit request was approved pursuant to Administrative Decision No. 09-2006 (Rec. No. 520638). This amendment placed further height restrictions on the residence and altered a building envelope. The 1041 was then recorded at BK 77 PG87 at Reception No. 521332 to reflect the 2005 approval and the 2006 amendment. 5. The Lot is located within a severe wildfn•e hazard area and is in a mapped scenic corridor. The Applicant will be required to comply with standards for development in severe wildfire hazard areas. Previously approved envelopes were sited in constrain free areas and the request to re-vest these envelopes does not pose any issues. Extensive ridgeline exercises were conducted as part of the most recent minor amendment and Staff felt the ridgeline exercise would not need to be revisited. Conditions from Administrative Decision No. 09-2006 (Rec. No. 520638) will continue to be implemented with some additional requirements as outlined below. 6. The Snowmass/Capitol Creek Caucus, Housing, and the Basalt and Rural Fire District all commented on the application. Public notice was published in the Aspen Times on September 21, 2008. The Applicant mailed the public notice to the adjacent property owners on September 23, 2008. No comments were received within 30 days. APPROVED by the Director, subject to the following conditions: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. RECEP710N#: 558889, 05108!2009 at vage t oS~ 10:08:05 AM, ~ p~ 8, R $0.00 Doc Code ADMSN DEC1S10N Janice K. Vos Caudill, Pitkin County, CO ~ ~- zco9 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. Prior to submission of the site plan application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. Site plan approval is required prior to submission of any building permits. Approval of this activity envelope does not ensure approval of site plan review. 5. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Boazd of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 6. The parcel is exempt from Growth Management up to 5,750 square feet and cannot exceed this floor area limitation without approval for use of a TDR or successfully competing in the Growth Management competition. 7. Hearing Officer Determinations No's. 5-2001 and 25-2005 and Administrative Decision No. 09-2006 shall be rescinded and replaced with this approval. 8. The height, measured to the highest point of any structure built within the building envelope shall be limited to a maximum elevation of 8,436 feet, or the County height limitation, whichever is more restrictive. 9. Prior to issuance of a building permit application, the Applicant shall: a. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. b. If necessary obtain a County access/driveway/turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. c. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. The plan shall include best management practices for revegetating the hill side after the effluent line is buried. d. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. e. Pay the applicable road and employee housing impact fees. f Obtain a permit for construction of the OWTS. ] 0. The Applicant shall adhere to the following severe wildfue standards: A. DEFENSIBLE SPACE The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1. Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (10') perimeter around al] structures. Gage 1 of 7 ~~_ 2C0~ 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimurr~ of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height often (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In azeas of aspen regeneration, understory shrubs and down and dead materials shall be removed.\ 6. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. All deadfall up to a one hundred (100) foot perimeter shall be removed. 9. No new conifer trees shall be planted within ten (] 0) feet of a residence. ] 0. No flammable mulches shall be placed within two (2) feet of a residence. 11. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Page 3 of 7 a~~c - z~cq B. ACCESS 1. Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egess is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Departrnent may approve vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated into the proposed driveway entries. 2. New dead-end streets shall not be permitted, except for cul-de-sacs and other turnarounds accepted by the applicable local fire district. 3. Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other T-turn area acceptable to the applicable local fire district. 4. New driveways and access roadway shall enter the roadway at aninety-degree (90°) angle for the first twenty-five (25) feet of the driveway. 5. Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into the design of access roads or driveways. C. WATER SUPPLY FOR FIRE SAFETY 1. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. 2. An individual structure water supply and storage shall be accessible to fire department vehicles within 100 feet of the exterior of the building(s) through the use of a hydrant meeting the policies of the Basalt and Rural Fire district. The amount of storage capacity shall be determined by the fire district with a minimum of 5000-gallon storage capacity pursuant to the square footage of the largest structure. Increases in square footage will result with an increase in storage capacity minimums. 3. All buildings shall be sprinklered with an approved automatic sprinkler system. These sprinkler systems shall be supplied by stored water having a minimum capacity of the sprinkler demand times 30 minutes. D. ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF LINE Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Severe Wildfire Hazard Areas shall be constructed according to the following specifications: cage a °f ~ a~-~9 l . Roofing Materials: a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. c. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: d. One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or e. "Type N" Heary Timber materials, per the currently adopted building code. 2. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: a. Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or 3. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or 4. "Type IV" Heary Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or 5. Enclose projection vertically to ground with one hour fire resistive materials. Railings Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. Exterior of the Structure, Including All Walls a. One (1) hour fire resistive rated materials, or b. 5/8" gypboard underlying combustible materials, or c. Cement stucco, minimum'/a" thickness. d. All glazing to be tempered glazing; and e. Doors to be metal or wood 1 '/a" thick minimum. 2. Foundations a. Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. E. All Hazard Areas Roofs with less than a 3:12 pitch aze not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: 1. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of cleazing roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Page 5 of 7 F. MAINTENANCE AND MISCELLANEOUS REQUIREMENTS a. Roofs and gutters shall be kept clear of debris. b. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/.) inch maximum. c. Yards shall be kept cleaz of all litter, slash and flammable debris. d. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. e. Weeds and grasses within the ten (] 0) foot perimeter shall be maintained to a height not more than six (6) inches. f. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. g. Swimming pools and ponds shall be accessible by the local fire district. h. Fences shall be kept clear of brush and debris. i. Wood fences shall not connect to other structures. j. Fuel tanks shall be installed underground with an approved container. k. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation aoound any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 1. Each structure shall have a minimum of one ten (] 0) pound ABC fue extinguisher. m. Addresses shall be clearly mazked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non- combustible post. 11. The detached CDU shall not exceed 1,000 net livable squaze feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. l2. The Applicant shall, by covenant, guazantee that the caretaker unit: a. Shall not be required to be rented; b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; c. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; d. Shall be rented for terms not less than 6 months if rented. 13. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above- referenced requirements. 14. The cazetaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. Page 6 of 7 a~- z~ 15. The provisions of this regulation aze far the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 16. Upon building permit submittal for the CDU, legal proof of a water supply for the dwelling shall be supplied. 17. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 18. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. ]9. All azeas disturbed by construction shall be re-vegetated with native shrubs and grasses within one growing season of the project's completion. 20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May 2012. 21. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AF ER OPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the ~~ ~ay ofl / (~,~ , 2009. APPROVED by the Director, this ~ day of 2009. C d ou en, ~~~ Community Development Director PID# 2645-153-00.018 P105-OS Page 7 oj7 a c~- z~~9 Attachment A Legal Description ,~ubaivision: SHIELD-O-MESA Section: 15 Township: 9 Range: '86 LAND IN S2S W4 OF SEC 15-9-86 LYING SLY OF THE (NLY LINE IOF S2SW4 & WLY OF THE ELY LINE OF S2SW4 DESC BY 'M/B ~BK 551 PG 282 Page 1 of 2 Cari Anne Holcomb From: Cari Anne Holcomb Sent: Wednesday, July 16, 2008 4:03 PM To: 'Glenn Horn' Cc: Lance Clarke Subject: RE: Cader -extension of vested property rights Glenn: Lance & I spoke. As long as nothing has changed on the site or in the application the story pole routine will not have to be redone. You should of course include all the old papers etc. As to rewriting the application summary portion....because it is a new application, under new land use code, for a new owner, it's probably a good idea to refresh it for the application, and of course address anything that is under the new code that wasn't in the old code. Thanks Cari Anne Holcomb 970.920.5092 From: Glenn Horn [mailto:ghorn@rof.net] Sent: Wednesday, July 16, 2008 3:20 PM To: Cari Anne Holcomb; Lance Clarke Cc: 'Alice Davis'; 'Kurt Lageschulte' Subject: RE: Cader -extension of vested property rights Cari Anne & Lance: Thank you for preparing this pre-application conference summary sheet so promptly. 1 want to ask you about one thing. We are not planning on going through the time consuming exercise of setting story poles again and viewing the story poles from Capitol Creek Road. Unlike the last applicant, Kurt the current applicant, does not want to make any changes to the building envelope or our agreement regarding height. If everything remains unchanged can we avoid the story pole viewing? I really hope so. Pleas let me know. Thanks. Glenn From: Cari Anne Holcomb [mailto:CariAnne.Holcomb@co.pitkin.co.us] Sent: Wednesday, July 16, 2008 3:06 PM To: adavis@rof.net; Glenn Horn Cc: Lance Clarke Subject: RE: Cader -extension of vested property rights Hi Alice 8 Glenn: Lance asked me to do the pre-app summary for you. It is attached. Let me know if you have any questions. THANKS Cari Anne Holcomb 970.920.5092 From: Lance Clarke Sent: Tuesday, July 15, 2008 3:00 PM 9/4/2008 ~ ®~ ~ ~ 1 "' ~"I Page 2 of 2 To: Cari Anne Holcomb Subject: F1N: Cader -extension of vested property rights Can you find the file/history on this and do a preapp for activity envelope, sceniGridgeline. Iwill review it. From: Alice Davis [mailto:adavis@rof.net] Sent: Tuesday, July 15, 2008 2:52 PM To: Lance Clarke Cc: ghorn.rof@rof.net Subject: Cader -extension of vested property rights Hi Lance I just left a phone message for you. We are interested in apre-application conference with you to refresh the approvals and extend the vested property rights for the Cader property, PID # 2645 153 000 18. This is the property located above the monastery that has been studied extensively. There are no proposed changes at all, we just want the extension as vesting expires in August. We are requesting approval for the activity envelope and scenic view protection, not site plan review at this time. If you don't need a meeting for the pre-app, just send us apre app summary! I understand that you previously met with Glenn and the new owner, Kurt Lageschulte about the property. Thanks so much. Alice Davis 0 ~ 9/4/Z008 Davis Horn~- PLANNING & REAL ESTATE CONSULTING August 30, 2008 Cari Anne Holcomb Pitkin County Community Development Department 130 S. Galena Street Aspen, CO. 81611 RE: Refresh of Existing Approvals: Activity Envelope Review and Scenic/Ridgeline Review for the Chateau Snowmass LLC Property in Shield-O-Mesa (formerly known as the CaderProperty) Dear Cari Anne: Davis Horn Incorporated represents Chateau Snowmass LLC ("applicant"), the owner of a property in Shield-O-Mesa on the Monastery Cutoff Road. Please refer to the Vicinity Map in Attachment 1. This property received land use approvals with vesting in 2005 under the previous owner, Andrew Cader. The applicant is seeking to refresh the approvals on the property as the vested property rights will expire in August, 2008. The refresh of the existing approvals will reflect current Code terminology such as the identification of Activity Envelopes. This property has been studied, analyzed and reviewed extensively during previous reviews and approval processes. This application will briefly address the subject site, land use issues and review criteria under the following headings: Existing Conditions; 2. Background; 3. Land Use Proposal; 4. Land Use Reviews; and Summary. ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • fAX: 970;'925-5180 adavis@rof.net ghorn@rof.net ~®r)~~~ EXISTING CONDITIONS Attachment 2, is a copy of the proposed Chateau Snowmass LLC Activity Envelope Plan. The Plan shows the subject site is traversed by a dirt road, Chateau Way. The land to the east ofthe road is very steep and heavily vegetated with gamble oak. Land to the west of the dirt road is the most level portion of the site. The flat portion of the property is bordered to the west by a steep drop toward the Monastery. Attachments 3 is the slope analysis from the 20051and use application. This shows the proposed Activity Envelopes (which aze the previously approved building, access, utility and landscape envelopes) are the most level portions of the property. The map depicts slopes ranging between 0 and 15 percent, 15 and 30 percent and over 30 percent. The flat portion of the site is vegetated with sage, mountain grasses, service berry and some gamble oak. The site is adjacent to mapped deer and elk migratory routes. There is an existing water well on the property. BACKGROUND Attachment 1 is a vicinity map showing the Chateau Snowmass LLC property. The property is located at the top of Shield-O-Mesa on a bluff above the St. Benedict's Monastery. The Monastery is west of the subject site. The property is bordered in other directions bysingle-family residential lots. The subject property contains 37 acres and is zoned RS-30 PUD. Access to the site is via the Shield-O-Mesa Road and Chateau Way. The site is vacant. It is located within the mapped Scenic Overlay, has a medium to severe wildfire rating and is adjacent to deer and elk ranges. Owners of the subject property have obtained three land use approvals for the Property, in 2001, 2005 and a minor amendment in 2006. See Attachtent 4 for the existing, most recently approved 1041 site Plan, the Cader 1041 Site Plan from 2005 and Attachments 5, 6 and 7 for the approval documents from 2201, 2005 and 2206. These include Determination No. 5 of 2001, Determination No. 25 of 2005 and Determination No. 9 of 2006. The key land use issue in the prior land use approvals has been establishing a building envelope which did not break the ridgeline as viewed from Capitol Creek Road and the St. Benedict Monastery. The applicant and County staff made several site visits to establish the building envelope and corresponding height limits in 2001 and 2005. These issues along with other minor issues, have been extensively studied and the conditions of approval have been found to mitigate and address these concerns. This land use application seeks approval for the same request which has been approved, but the vesting for these approvals expires on August 25, 2008. 000004 LAND USE PROPOSAL The applicant is seeking to refresh the existing land use approvals as the vested property rights expire on August 25, 2008. This application proposes the same envelopes and development as that approved previously. The 2005 Cader 1041 Site Plan has been updated with can-ent Code temunology and will reflect the new owner, Chateau Snowmass LLC. See Attachment 2 for the Activity Envelope Plan. The applicant is also seeking refreshed approvals for a Cazetaker Dwelling Unit (CDU) and Scenic View Protection as these are also part of the existing approvals. Site Plan Review is not requested at this time. As shown on the Chateau Snowmass LLC Activity Envelope Plan in Attachment 2, Activity Envelope # 1 allows for buildings, the driveway, and landscaping. Activity Envelope #2 is limited to the driveway, utilities and landscaping . Activity Envelope #3 uses are limited to the waste water disposal system and landscaping. These are the same uses approved in the existing approvals. Activity Envelope # I where the primary residence will be, is accessed via an existing driveway which has been in place for many years. Development will not break the ridgeline and the proposed activity envelopes and height limits are the same as those approved after lengthy review which found these conditions to be acceptable. Attachments 6 and 7 give the height limitation from the existing approval which is tied to the elevation of 8,426 feet or the County height limit, whichever is more restrictive. This height limit. came after much evaluation, study, many site visits and story poles and input and agreement by all the many parties concerned. LAND USE REVIEWS Attachment 8 is a copy of the Pitkin County Pre-Application Conference Summary Sheet which has been prepared for the subject site. This section demonstrates compliance with the following Land Use Code sections which have been identified in the Pre-Application Conference Summary. As this site has been studied extensively, the comments will be brief and the repeating of specific Code language or standards of review has been minimized . Section 2-20-10 Section 2-30-30 (h) Section 2-20-10 (e) Section 4-30-50(e)(1)(2) Section 6-30-40(c) Section 2-30-20(g) Section 7-10-50 Section 7-10-60 Section 7-20-10 Section 7-20-20 Section 7-20-30 Section 7-20-60 Development Permit Requirement; Special Review for a CDU; Development Permit Requirement; Caretaker Dwelling Unit; GMQS Exemption for CDU; Activity Envelope Criteria for Approval; Activity Envelope; Priorities in Locating Activity of Development:; Site Prepazation and Grading; Steep and Potentially Unstable Slopes; Water Courses and Drainage; Wildfire Hazazd -Mapped Wildfire Hazazd Area; ~Q~){)®J Section 7-20-70 Wildlife Habitat -mapped in mule deer summer and elk and mule deer overall ranges; Section 7-20-120 (d) Scenic View Protection Section 7-20-120(e) Rural Chazacter Guidelines for Building Location; Section 7-20-130 Landscaping and Vegetation Protection; and Section 7-20-140 Lighting. Section 2-20-10 Development Permit Requirement; The applicant requires a development permit to be in compliance with this section ofthe Land Use Code. The applicant is requesting the necessary land use approvals in order to obtain this development permit. Section 2-30-30(h) Special Review Criteria for a CDU The applicant is seeking Special Review approval for a Caretaker Dwelling Unit (CDU). This section of the application demonstrates compliance with the Sections 2-30-30(h)(2), Special Review Use or Activities. Standards appear in bold followed by the applicant's responses. (2J Special Review Uses or Activities The BOCC, the Hearing Officer and/or the Community Development Director shall only approve the proposed special review use or activity if it finds that all of the following criteria are met: (a) The special review use shall be consistent with the applicable County Master Plan. The Snowmass Capital Creek Master Plan is the adopted Master Plan for the Shield-O- Mesa azea. A detached CDU is consistent with this Master Plan.. (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. The applicable sections of the Land Use Code have been addressed in this application. The previous reviews of the subject property have addressed the applicable Land iJse Policies. The applicable policies aze only briefly addressed as these issues have been appropriately addressed with the previous reviews and conditions of approval. The proposal is consistent with the applicable Master Plan, the community balance policy, 000006 growth management policies as CDUs are consistent with the GMQS, land patterns anticipated for the neighborhood and is consistent with the rural development policy. Agricultural preservation, recreation, wilderness, camping, trails, open space and trails are not applicable policies. Though not located adjacent to public lands, the sensitive location neaz the Snowmass Monastery has been considered in the location of the building envelope. The Monastery has approved the siting of the home during previous approvals. The development: has been sited to avoid natural hazazds. Drainage, erosion and scenic concerns are addressed sepazately. The proposed development will comply with noise, energy conservation and air quality regulations and will meet or exceed these requirements. Water resources, riparian areas and wetlands aze not found on the property and are not impacted by the proposal. Water courses aze addressed later in the application as well as wildlife. There will be no detrimental impacts to wildlife associated with site development. There is an existing water well. (See Attachment 14 for a copy of the well permit showing the legal water source.) Activity Envelope #3 has been designated for the waste water disposal system and all requirements have been or will be met upon development. Other utilities are available at the property boundary. The road system is quite capable of serving the site. Improvements in recent yeazs to the Mesa Road have enhanced the access. The road system in the site vicinity is capable of providing service to the site. The policies regazding the airport and telecommunications aze not applicable. The CDU is consistent with the citizen housing policy. The applicant agrees to comply with any equitable shaze fees which are applicable. The proposal is consistent with other laws in the state and the United States, will not endanger the public health, safety or welfare. The proposed development 5 flOUt~fl? will not negatively impact property values, is consistent with the applicable RS-30 zone district, is compatible with the immediate vicinity and surrounding land uses, which are similaz to that proposed. The operating chazacteristics of this proposed home will be harmonious with the surrounding area and all impacts will be minimized. The visual impacts will be negligible due to the location of the Activity Envelopes. The proposed Activity Envelopes have the least impacts possible for the development ofthis site. There aze adequate public services. Sections 4-30 and 2-40-20 have already been addressed and the proposal is consistent with these Code sections. The proposed development will comply with, be consistent or exceed all applicable policies of the Land Use Code. Section 2-40-20f Additional Special Review Procedures for CDUs The Community Development Director may grant Special Review approval for a Caretaker Dwelling Unit subject to the three procedures found in this section of the Code. Briefly, the Code requires the Community Development Department to post and mail notice to property owners adjacent to the site for which the Caretaker Dwelling Unit is proposed. The notice should state the information required, including that comments or objections regarding the application will be accepted until a date at least two weeks following the postmazked date of the mailed notice. Ifno objections are received, Community Development will. make a decision pursuant to the Land Use Code. Ifno objections aze received, this fact must be documented. If any objections are received by the date stated in the notice, the Community Development Department will continue the application to a public hearing before the Boazd of County Commissioners. These procedures will be followed. Section 430-50(e)(1)(2) Caretaker Dwelling Unit The applicant is seeking approval for a Cazetaker Dwelling Unit (CDU). An attached CDU on the subject property is allowed by right if a property is on a conforming lot of record pursuant to 4-30-50(e)(1).. The owners have not yet determined if they want a detached or attached CDU, as their plans for the property are in the early stages. Since a detached CDU requires a Special Review approval, this application requests such a Special Review approval for a detached CDU so the owners have the ability to build a detached unit is they so choose. This section of the application demonstrates compliance with Section 4-30-50(e)(1) c through g as required. The standazds in subsection c through g aze lengthy and are not given here. The CDU will comply with these standazds which relate to size, floor azea, parking and the deed restriction. Please refer to Attachment 14, a letter from water attorney Nicole Garrimone with Garfield & Hecht indicating there is a legal water supply for the Caretaker Dwelling Unit. Section 6-30-40c GMQS Exemption for CDU The applicant is requesting approval for a Growth Management Quota System Exemption for the proposed CDU pursuant to the exemption in this section of the Code. Section 2-30-20(g) Activity Envelope Criteria for Approval ~~~t~,' This section of the land use application demonstrates compliance with the standards for Activity Envelopes. Activity Envelope An application for designation of an Activity Envelope shall be approved if it complies with the standaMs and criteria established in Sec. 7-1050. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home and related septic field possible on the site pursuantto Table 5-1 after the use of TDRs or a GMQS allocation to increase house size. The definition of an Activity Envelope based on a maximum house size and septic Feld shall not create any presumption that a Site Plan for a house atthe same size can orwill be approved pursuantto this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than the maximum allowed underTable 5-1, and in thateventthe Activity Envelope will be designed to accommodate a house and septic fieldofthatsize. WherethepropertycontainsConstrainedAreas,theCommunityDevelopment Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. Actual siting of the septic field shall require final approval pursuant to the Environmental Heakh and Natural Resources On-Site Wastewater Treatment System regulations. Attachment 2 is a copy of the Chateau Snowmass LLC Activity Envelope Plan. The three Activity Envelopes have been designed to avoid constrained areas and to accommodate a home without breaking the ridgeline or creating any scenic impacts. As required, Section 7-10-50 is addressed in the following section. Section 7-10-50 Site Plan and Activity Envelope OOO~J10 This section of the application demonstrates compliance with the standards for an Activity Envelope. The applicant is not seeking Site Plan approval at this time. Land Use Code standards appear in bold followed by the applicant's responses. 7-10-50: SITE PLAN AND ACTIVITY ENVELOPE (d) The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan forthe area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter7, "Constrained Areas" include all areas included in each ofthe following categories, as defined and regulated by this Land Use Code: (I) Areas of Statewide Interest listed in C.R.S. 24- 65.1-101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream comdors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. The constraints which affect the subject property are steep and potentially unstable slopes; water courses and drainage; wildfire hazard areas; and mapped wildlife summer and overall ranges. This section of the application addresses the preceding site constraints and demonstrates compliance with the Pitkin County Land Use Code. The applicant is seeking approval for an Activity Envelope as part of this land use application. Site Plan review shall occur in the future. (b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformitywith the Comprehensive Plan forthe area. In general, this process will involve both a determination of (I) which portions ofthe site are not available fordevelopment because ofthe existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. The subject property was thoroughly reviewed and analyzed for hazards during the last three land use approval processes in 2006, 2005 and 2001. The area beyond the ridge which falls towazd the Monastery is not available for development because of the steep slopes. The Activity Envelopes avoid the hazards and is set away from the drop offto remain unseen from the public view corridor. The development of the site away from the ridge creates impacts which aze either insignificant or which can be easily mitigated. More details on the access, the septic system and landscaping envelopes will be defined during a Site Plan Review to be completed at a later date. The Activity Envelopes proposed aze the same as the envelopes previously approved. The azea under the Envelopes is generally level. c) In general, the defined Activity Envelope for development of primary uses shall a large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but should not be significantly largerthan the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new single family home. The defined Activity Envelope may include noncontiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and/or areas to be disturbed only 10 during construction on the property -including staging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7-20-50. The proposed Chateau Snowmass LLC Activity Envelope Plan avoids the more substantial hazards, allows room for hazazd mitigation which may be necessary and is large enough to accommodate the required distance between a well and a septic system, 100 feet. (d) Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area. We are requesting Activity Envelope approval and will meet this standazd. Site Plan Review will occur later. (e) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as spec'dically permitted in this Land Use Code. Priorto any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. The applicant will comply with this as no area outside the Activity Envelopes will be disturbed and construction fencing will comply. (f) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other 11 ~~~~il.~ standards in this Land Use Code not considered at the time the Activity Envelope was defined. The applicant is not prepared to submit a Site Plan for a specific structure so we aze submitting the Activity Envelope sepazately. The applicant will comply with the requirements ofthe Site Plan Review. (g) The standards in this Chapter 7 shall be used (I) to identify the Activity Envelope on a property, (ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7-1 found in the Land Use Code. The relevant development standazds will be addressed. Section 7-20-10 Site Preparation and Grading The applicant will meet all the requirements in this section of the Code regazding site prepazation and grading including standards related to grading, fill placement, clearing, grubbing and vegetation removal, tree removal and mitigation, and the protection of natural terrain including requirements on revegetation, topsoil, weed prevention, utility installation, erosion, sedimentation and stormwater management. Section 7-20-20 Steep and Potentially Unstable Slopes This section of the land use application demonstrates compliance with the Pitkin County Land Use Code standards for Steep and Potentially Unstable Slopes. Section 7-20-20 (e). When given, standazds appear in bold followed by the applicant's responses. 7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES 12 The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas. a Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattern. (1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; (2J Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent; (3) Slopes that are forty-five (45) percent or greater. Refer to Attachment 2 and 3, the Chateau Snowmass Activity Envelope Plan and the slope analysis from 2005 which delineates slopes in the required categories. As previously noted, the steeper sections of the property to the northeast are avoided and left out of the Activity Envelopes. As shown in these attachments, the grades in the Activity Envelopes are less than 15%. The access drive, Chateau Way does cross a section with slopes in excess of 15%. hi the previous approval, the drive was found to be in an adequate location and the County recommended that the drive be maintained and brought into compliance with County standards. Please refer to the 1999 referral letter from Vince Urbana in Attachment 9 as this letter addresses slopes in addition to wildfire concerns. Urbanna states that the Activity Envelopes aze generally less than 5% in grade. Slopes within the Activity Envelope are less than 30% in grade. The Code sections pertaining to grades which aze not applicable and to road standazds 1:o be considered 13 J®(a(;'c during Site Plan Review are not repeated in this text. Chateau Way, also known as the Monastery Cutoff Road, will be used for access as was approved in the previous reviews. (d) Less Than Thirty (30) Percent Gradient Development is permitted on slopes with less than a thirty (30) percent gradient. The Activity Envelopes, as previously approved ,have been found to contain no slopes over 15% in grade and most of the area is below 5% in grade. (e) Additional Standards The additional standards are not applicable as slopes in the Activity Envelope are not greater than 30%. Section 7-20-30 Water Courses and Drainage This section of the land use application demonstrates compliance with the Land Use Code standazds for Water Courses and Drainage. 7-20-30: WATER COURSES AND DRAINAGE The encroachment or channeling of water ways is not proposed. There are no such water ways located on the property. ©) Drainage The applicant will prepare a drainage plan for the subject property in association with the building permit application. The plan shall maintain historic flow patterns and runoff amounts. These standards will be met. 14 (d) Groundwater The applicant will comply. Activity and Development will not introduce any contaminants to groundwater or interfere with any rechazge azea or aquifer. (e) Irrigated Areas The development activity will not adversely affect the adequacy of water supplies or the exercising of an existing and decreed irrigation water right. (til Irrigation Ditches There are no imgation ditches on the property .The Site Plan Review will occur later and will take these standazds into considerations as necessary at that time. (g) Sedimentation The applicant will comply with these measures pertaining to sedimentation control measures during all phases of construction, soil disturbance and revegetation. Section 7-20-60 Wildfire Hazard Area The subject site is mapped as a Medium to Severe Wildfire Hazard Area. Please refer to Vince Urbana's letter from 1999 addressing the wildfire hazazd on the subject property. Urbana indicates that the wildfire hazard in the azea including Activity Envelope #1, where the structures aze to be located, is rated medium due to the mostly flat ridge top location and the very scattered nature of the vegetation. Chateau Way access drive passes through an azea Urbana rates as severe due to the fuel on this portion of the property. The applicant agrees to comply with the applicable Land Use Code standazds for Wildfire Hazazd which appeaz 15 in this section of the Code. Section 7-20-70 Wildlife Habitat The Development Standadds related to Wildlife Habitat are Found in Section 7-20-70 of the Code. The subject site is proximate to mapped mule deer summer range and mapped elk and mule deer overall ranges. The applicant will comply with the same conditions of approval related to wildlife impacts as in the previous approval which were found to be sufficient in minimizing impacts. Section 7-20-120 (d) Scenic View Protection The height limitation previously established and the location the Activity Envelopes away from the ridgeline virtually eliminate scenic concerns. The Scenic View Protection issues will be re-visited again at Site Plan Review when development plans for the site are finalized. Section 7-20-120(e) Rural Character Guidelines for Building Location The Development Standards of the Land Use Code include the Rural Chazacter Guidelines for Building Location pursuant to Section 7-200120(e) of the Code. These guidelines relate to building location and have been considered in the Activity Envelope locations. After much evaluation and review by experts, the proposed Activity Envelopes aze in the least impactive, most appropriate locations. Section 7-20-130 Landscaping and Vegetation Protection; and Section 7-20-140 Lighting 16 f?Q~I~111 Q When applicable, development will comply with Pitkin County Landscape Guidelines, Roadway Landscape Guidelines and Lighting Standazds as required in these Code sections.. Summary This land use application has demonstrated compliance with the standazds identified in the Pitkin County Pre-application Conference Summary Sheet. The following attachments are included to assist in the land use review. Attachment 1: Vicinity Map; Attachment 2: Chateau Snowmass LLC Activity Envelope Plan; Attachment 3: Slope Analysis for the Subject Property; Attachment 4: Recorded (fader) 1041 Site Plan for the Subject Property from 2005; Attachment 5: Hearing Officer Determination No. 5-2001 Granting 1041 Hazazd Review, Conceptual Submission, Ridgeline Review and Special Review for a Cazetaker Dwelling Unit for the Subject Property in 2001; Attachment 6: Hearing Officer Determination No. 25-2005 Granting 1041 Hazard Review, Conceptual Submission, Ridgeline Review and Special Review for a Caretaker Dwelling Unit for the Subject Property in 2005; Attachment 7: Administrative Decision No. 9 of 2006 for the Subject Property Granting a Minor Amendment to a Development Permit to Move the Envelope for Scenic Considerations; Attachment 8: Pre-application Conference Summary Sheet; Attachment 9: 1999 Wildfire Report by Vince Urbana, Colorado State Forest Service; Attachment 10: Signed Pitkin County Fee Agreement; Attachment 1 I : Authorization Letter from the owner, Chateau Snowmass LLC; Attachment 12: Title Commitment as Proof of Ownership; Attachment 13: List of Adjacent Property Owners for Public Notice Purposes; and Attachment 14: Well Permit for the Subject Property and Letter from Nicole Gammone, water attorney verifying the CDU has a legal water supply. 17 ®®~~~9 Please contact us if you need any additional information. 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Andrew Cadaz and Deborah Reich ("Applicant") have applied to the Pitkin County Hearing Officer for 1041 Hazazd Review, Conceptual Submission and Ridgeline Review approval to establish a building envelope for the construction of a single family residence and accessory uses. The Applicant is also establishing a development envelope for a wastewater disposal system and a development envelope for access. In addition, the Applicant has requested Special Review approval for the construction of a caretaker dwelling unit. prcpcrty:. + t:.;tes and L,,~ur.ds pro~er'E; ,r,. ated ir.')t^ `:hieid-O-Mesa Sub,: ....;, u¢td is nw.u specificaiiy described ur ,:xltibit A. 3. The Hearing Officer, at a duly noticed public heazing on February 20, 2001 and April 17, 2001, reviewed this application, and at which time evidence and testimony were presented with respect to this application. 4. The Hearing Officer finds that this application proposes development in the best possible location, given the hazards identified on the property. 5. The Hearing Officer has determined that the proposed caretaker dwelling unit meeu the standazds established in sections 3-150-130(B) and 3-210 of the Land Use Code. The Hearing Officer has determined that the caretaker dwelling unit shall be attached to ite primary residence. The Applicant proposes to deed restrict the proposed caretaker dwelling unit. NOW THEREFORE BE IT RESOLVED by the Pitkin County Heazing Officer that he does hereby grant approval to the Cadaz 1041 Hazard Review, Conceptual Submission, Ridgeline Review and Special Review for a Caretaker Dwelling Unit, subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and public meetings. 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The site plan shall illustrate in 3-dimensions, distance and height of structures within the approved building envelope from the western side of the building envelope to the eastern side of the building envelope as approved by the Hearing Officer, and as represented in Exhibit B. The site plan shall also be submitted in a digital format for integration into the County Geographic Information Sys[em (GIS). In addition the site plan shall contain the following: I IIIIII "III IIIIII IIIIII II IIIIII IIIIIII III IIIII IIII IIII {~®~ ~'! ~ ~) 454627 05/22/2001 01:07P DETERNIN DRVIS SILVI 1 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Determination No. - 200/ Puge 1 A. The development envelope for the septic system shall be connected to the development envelope for access. Wildfire mitigation shall be as follows: A. Defensible Soace: The area around all structures shall incorporate landscaping with wildfire defensible space considerations as follows (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter aoound all structures. Vegetation in this area shall be at 6" or less (i.e. mowed grass, low-growing perennials). No vegetation taller than 6" shall be planted in this area. Any combination of mulch, hardscape (i.e, sidewalks, s*,or;rs, etc..,) may be utilized. b. Existing Gambel oak/servicebetry for a distance of 30 feet to the sides (north and south) and 60 feet on the downhill side (east side) around all structures shall be clumped and spaced. The maximum diameter of all clumps allowed to remain should be no lazger than 2 times the height of the fuel. All measurements shall be from the edge of the crowns of the fuel. c. Lower branches of the clumps that remain shall be removed up to half the total height to eliminate ladder fuels. d. All deadfall within the 100 foot perimeter shall be removed. e. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B• Structural Desien and Construction Reouirements: Roof shall have a Class A, non-combustible roof system. Wood shake/shingle roof covering are prohibited in all wildfire hazard areas. Roofs with less than 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: a. All roof coverings shall be non-combustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly. b. All roof coverings shall have a surface [hat shall facilitate the natural process of clearing the roof. c. All roof design shall facilitate the natural process of clearing roof debris. Protrusions about the roofline, such as parapets, shall be prohibited d. Roofs shall be installed as required by UBC 1997 Chapter IS and shall have a minimum slope of 1:48. ~0©~?26 Illllllllllllllllllllllllllllllllllllllllllllllllllllll 4°.4627 05/2.2/2001 01 ~o~~a nrTronru nnvr~ ~.~ ~~, Determination Nn. - 2(JOl nuKe j e. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. C. Maintenance: 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and flammabb debris. All flammable materials (including firewood/wood piles) shall be stored on a parallel contour a minimum of 15 feet away from any structure. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from all structures D• Miscellaneous: Swimming pools shall be uc~«sible to Fire' Departtttent vehicles. 2. Fences shall be kept clear of brush and debris. 3. Wood fences shall not be connected to the structure. 4. Fuel tanks shall be installed underground with an approved contaner. 5. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher. 6. Addresses shall be clearly marked and visible with minimum 2" notrcombustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. Any outbuildings or additional buildings shall adhere to the same standards as structures. E• Utilities: ]. Utility lines shall be buried. ~. No development, including grading, excavation, fill placement, berming, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the designated building, access and wastewater disposal system envelopes, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 5. The Applicant shall submit a Landscaping Plan prior to the submittal for any building permits to the Community Development Department for review and approval. An approved landscaping plan may include landscaping outside of the building, access and wastewater development envelopes. The vegetation (existing Gambel oaWserviceberry) along the western edge of the building envelope shall be ®~~~~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 454627 05/22/2001 01:07P DETERMIN DRVIS SILVI .', of 9 R 0.00 D 0 00 N 0,00 PITKIN COUNTY Cn Determmation No. _- 100! Page 4 retained for screening purposes. Only the vegetation on the north, south and east of the building envelope shall be spaced and clumped as outlined in Condition 3(A)(b) of this Determination. 6. All areas disturbed by construction shall be revege[ated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials and concepts. The timing of any sprinkler systems shall be decreased for low water plants. 7. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit (if necessary). 8. The Applicant shall use exterior materials that "blend in" with the surrounding natural landscape. Non-reflective roof materials shall be utilized. 9. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved development envelope. I !7. }"rior w the sutrutittal for any building permits, the Applicant shall provide documetuatiun of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. The well site shall be located within the approved building or a development envelope. f I . The Applicant shall comply with all codes and requirements of the Basalt and Rural Fire Protection District including access. 12. Development of 30 inches above or below grade within the required property setbacks requires approval of a variance by the Board of Adjustment, including driveways. 13. A variance from the Board of Adjustment shall be obtained for any development that encroaches into front yard setback. 14. The Applicant shall comply with the following wildlife mitigation: A. One dog shall be allowed and must be kenneled. B. All trash/garbage shall be contained in approved bear proof garbage containers. PrDr to Certificate of Occupancy, the installation of the containers shall be verified. C. Fencing outside of the building envelope shall be prohibited. D. Native vegetation shall be preserved outside of the building envelope, with the exception of any thinning and spacing required to accommodate wildfire mitigation. E. Livestock shall be prohibited. F. Horses shall be kept within the approved building envelope only. Grazing on the remaining portions of the property is prohibited. Flay shall be fenced with an 8 foot mesh game proofing fencing. `~~°°~?~ IIIIIIIIIIII1111111111111111111111111111111111111111111 454627 05/22/200! 01:07P DETERf1I11 DA`/I~ :IL'/I ~ ~f A D m mn n .. Determination Nn. - 2(JO! Puge S I5. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. The plan shall address the management of runoff during construction. l6. Prior to the submittal of any building permit applications, the Applicant shall obtain an Access/Driveway Development permit for review and approval by [he County Engineer. The driveway shall comply with County standards at the time of issuance of the permit. Improvements to the driveway shall not encroach onto slopes 15% and greater. 17. Lighting shall comply with the Pitkin County lighting standards at the time of installation. No exterior lighting other than required by the Uniform Building Code shall be installed on the north, south, and west sides of any structures. 18. All development must comply with [he provisions of the Pitkin County's Noxious Weed Management Plan. 19. Floor areashall be limited to 5,750 square feet exempt from. growth management. Floor area shall be calculateu traced on the definition in etrxtat tEle time ofbuildigtg pt:mit ,,.,;tytul. 20. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. 1. At the time of building permit application submittal the Applicant shall submit, for review and approval by the County Engineer, a Construction Management Plan in accordance to the Asset Management Plan. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of-way. '=. The Applicant shall comply with the following standards for the caretaker dwelling unit: A. Prior to the issuance of any building permits for the unit, the Applicant shall record a deed restriction for the caretaker dwelling unit with the Housing Office. B. Housing Office staff shall inspect the unit prior to issuance of a Certificate cf Occupancy. C. The kitchen unit shall contain at least atwo-burner stove with oven, a standard sink, and no less than a 6 cubic foot refrigerator plus freezer. D. The caretaker dwelling unit shall be limited to 700 net livable square feet as calculated by tle AspervPitkin Housing Authority. '33. 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 April 17, 2004. NOTICE OF PUBLIC HEARING PUBLISHED IN'ITIE ASPEN TIMES ON THE 1~ DAY OF DECEMBER 2000. I I"III'IIII "III' I"II' II'II"' IIII"I III'II'I IIII II'I Oc(it,~`~ ~ 454627 05/22/2001 01:07P DETERMIN DRVIS SILVI ~ at 3 P ~ ~Qf n O1 7101 N T 0101 PTTIli/1 nnnrrri .-.. Delermingriun Nu. - 200/ Page APPROVED AND ADOPTED ON THE 17TH DAY OF APRIL 2001. VESTED RIGHTED NOTICE PUBLISHED ON THE DAY OF 2001. I-TEARING OFFICER ATTEST: OF PITKIN COUNTY, COLORADO A inistrative A istant lm True, Hearing Officer Date: APPROVED AS TO FORM: ICYy/7=•'z~ t"iiianty ,Attr~rtre;~ Case #P135-00 264515300018 APPROVED AS TO CONTENT: -~~.~ .~ 0117 Hcruhen, Community DeveloNmerlY Direcwr I IIIIII "III "IIII II'II' II'III" IIII"I III "III'III I"I ~ ~ ~ 454627 05/22/2001 01: 07P DETERIIIN DgVIS SILVI 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ~~IT "g_ _.__..- -- .. SAL `GY A t: ac- o _ ~~d situared ~ t11a 31/2 0. astc; 51/82 St1/4r thQ 6L'1 p!~-~1Fa1 I9rs'i ~ ~ 1!0 of Sect2cyl 2~. follave; e='d W<starSy or the Lastarly 2~ ~ ~~~~ ~ ~~il~{.y 13ta~o: ~2na2rsg at a c+as~-~i r..s leer: Fvizt when= LSa Sit t23~ N ~ ~'~Q; of said ~ 00 26 20^ E 822.E,; lest to a s~st ~ _ ~~ ~; 5 d3.2°.'3:" (q 23:,BS ~~ $ 8$•10'27"a ~g~3v„aetex,T 1 1bt~.1`jCY~r~ tIZC'~i S 00.70' H '~3 t$p `2:ar1Y 1:15 ~+OST 1993.18 fret 1 1.S7Y er yi'd ~;•2 .. ~ a.+,. S+.': SWCS/i. S!41/<: ~+/4 riT.0.2d fret; ~S a e0 er:taW ~ c. foot ~~~ , zs°d ed+e+rsst. ta1.;_, dr, :act. ~ a:~ ~w '~~ P~s.t;~,.a±r,,~ s7.:.. 'a aa.._ SrCt+Cil I.S~~`a~ L`a Nor.:y,z• •:; :__ ~ tt'.8rta S 60.170.7" E .19.31 ~ia.r i7 2:3:.:COYaR~t'~ S-/2 4J1/< '.1".-~..Ce L~Set ~s7 ~-..-1`2' ~~ tha:'.m 5 t2rrm 5 18.37'38' E 11H.d1 lest: ~ . t.'s~.Ce S [6.01'21.. 226•E3 rrfr: ~'a 5 02.4" „ $ 1Z6.3S rat_ 12 W SB1.6i feet; 5 38. 0'02" l: I0:.78 feat; :~ t: set c~ Z 74.84 rest ,to a ?oi•1_ ol; L'ic:ce t+tist a1c^.,;+q~~L7 ~~~ s ~ ~ti~.:.er:Y 1r^_ of the ab~.'e • C. said tract Bop f~ut . S'SdT D~~"~Y' RALt) ~~;,~ ? ? .. I I"III I 454627 'III "III' I" 05/22/2001 II' 01 II'II : 07P "' IIII'II III "III I"I I'II DETERHIN DiiVIS SILVI ~ ~t ;~ n am n m ~., .~ ., ..., ~.r„..~ ,.... ..~~„ ,,., _~ J 1 _~ Q V Y ~JJ ~~' L ~.i r Y µ G ~o ~I IA d n3 a 7 L N i .d f IL ® ~(~°" ~r? I II'III' 454627 IIII "III' I" 05/22/2001 II' 01: II'II 07P "' IIII"I II DETERMIN I'II'I I'II I"I DiiVIS SILVI e ~f 9 R 0 ~0 D 0. 00 N 0. 00 PITKIN COUNTY CO IIIIIIIVIII IIIIII IIIIII IIIVIIIIIIIIIIIIIVIIIIIIIIIII 09g s 2003 03:551 DETERMINATION OF THE HEARING OFFICER OF PITKIN COUNTY OCOLORADO, GRANTING APPROVAL OF THE CADER 1041 HAZARD REVIEW, CONCEPTUAL SUBNIISSION, RIDGELINE REVIEW AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT ~ ®_ ~ ~ t t ~~ r ,~ .. Determination No. ~ - 2005 RECITALS Andrew Coder ("Applicant") has applied to the Pitkin County Hearing Officer for 1041 Hazard Review, Conceptual Submission and Ridgeline Review approval to establish a building envelope for the construction of asingle-family residence and accessory uses. The Applicant is also establishing a development envelope for a wastewater disposal system and a development envelope for access. In addition, the Applicant has requested Special Review approval for the construction of a cazetaker dwelling unit. 'i",. v ,.~:r.y ~ •tt...~i'ad i.nm, ,~ ,~c,.~~... .n tl.e~ . 'u;ad-i D-P~4r~,. .. _.;a+ °au `~Iay,~and .s nyorc spec:.:,,,. ~ ,.,,,,,,..,, •d .......:.ibis.^.. The parcel received 1041 Hazard, Ridgeline and Special Review for a CDU approval from the Hearing Officer on April 17, 2001 pursuant to Detemvnation No. 5-2001. 4. The Hearing Officer, at a duly noticed public hearing on August 25, 2005, reviewed this application, and at which time evidence and testimony were presented with respect to this application. 5. The Hearing Officer fmds that this application proposes development in the best possible location, given the hazards identified on the property. 6. The Hearing Officer has determined that the proposed cazetaker dwelling unit meets the standards established in sections 9-110-041(C)(2) and 3-210 of the Land Use Code. The Hearing Officer has determined that the caretaker dwelling unit shall be attached to the primary residence. The Applicant proposes to deed restrict the proposed caretaker dwelling unit. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that he does hereby grant approval to the Cadaz 1041 Hazard Review, Conceptual Submission, Ridgeline Review and Special Review for a Cretaker Dwelling Unit, subject to the following conditions which shall run with the land and be binding on all successors in interest. This approval replaces all previous conditions of approval in Hearing Officer Determination No. 5-2001. The Applicant shall adhere to all material representations made in the application and public meetings. 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The site plan shall illustrate in 3-dimensions, distance and height of structures to the ridge of the roof within the approved building envelope from the western side of the building envelope to the ~~~F' DG~er~ inu[ion Nn. ~- 1005 III VIII IIIIII VIII) III III IIIIIII I VIII IIII IIII 0992,1 20a 63 ast SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 eastern side of the building envelope as approved by the Hearing Officer, and as represented in Exhibit B. In addition the site plan shall contain the following: A. The development envelope for the septic system shall be connected to the development envelope for access. Wildfire mitigation shall be as follows: A. Defensible Space: The area around all structures shall incorporate landscaping with wildfire defensible space considerations as follows (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter aoound all structures. Vegetation in this area ;hall be at 6" cr less (i.e. ?rowed grass, Icw-gr;twing perennia6'~. "a,.. ~+r:tetatwr? taller than FI` shad he pianied.;n this a ~;? , " i„f ,, n mulch, hardscape (i.e. sidewalks, stones, etc.) may be utilized. b. Existing Gambel oak/serviceberry for a distance of 30 feet to the sides (north and south) altd 60 feet on the downhill side (east side) around all structures shall be clumped and spaced. The maximum diameter of all clumps allowed to remain should be no larger than 2 times the height of the fuel. All measurements shall be from the edge of the crowns of the fuel. c. Lower branches of the clumps that remain shall be removed up to half the total Iteigltt to eliminate ladder fuels. d. All deadfall within the 100 foot perimeter shall be removed. e. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Structural Desien and Construction Requirements 1. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Woad shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch aze not permitted unless they comply with the following: a. All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. b. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. c. All roof design shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited d. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of ]:48. e. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. ~9~?~1~`~l, ~~ Delerminuuon Nu. ~_ 2(IIlS /'ul,~c 1 C. Maintenance: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII s9u z e3 ea:ssi SILVIH OHMS PITKIN COUNTY CO R 0.00 D 0.00 I . Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear ofall litter, slash, and flammable debris. 3. All flammable materials (including firewood/wood piles) shall be stored on a parallel contour a minimum of 15 feet away from any structure. Firewoodiwood piles shall be stacked on a parallel contour a minimum of 15 feet away from all structures. D. Miscellaneous: I. Swimming pools shall be accessible to Fire Department vehicles. 2. Fences shall be kept clear of brush and debris. 3. Wood fences shall no[ be connected to the structure. 4. Fuel tanks shall be installed underground with an approved container. 5. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher. 6. Addresses shall be clearly marked and visible with minimum 2" non-combustible letters and shall be clearly visible at the primary point of access from the public or ~~ommon access ,oad and inszatfed cn :~ non-combusYrble post. '. A~ry uuzbuildings or additiorlaf buildings shall adhere to the saline standards as structures. 8. The driveway shall have a minimum width of 16 feet. 9. An individual structure water supply and storage shall be accessible to fire department vehicles within ] 00 feet of the exterior of the building through use of a hydrant meeting the policies of the Basalt RFPD. The amount of water storage shall be a minimum of 5,000 gallons. 10. All building shall be sprinklered with an approved automatic sprinkle system. The sprinkled system will need to be supplied by stored water having a minimum capacity of the sprinlaer demand time of 30 minutes. 11. The fire alarm system shall have at a minimum a local alazm through an outside horn and strobe, and interior audible within sleeping rooms that meet complialice to the applicable sprilllcler and alarm standard. E. Utilities: 1. Utility lines shall be buried. 4. No development, including grading, excavation, fill placement, berming, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the designated building, access (utility and landscape) and wastewater disposal system envelopes, except as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. No vegetation shall be damaged or removed outside the building envelope. fhe Applicant shall submit a Landscaping Plan prior to the submittal for any building permits to the Community Development Deparnnent for review and approval. An approved landscaping plan may include landscaping outside of [he building, access and wastewater development envelopes. The vegetation (existing Gambel oak/serviceberry) along the western edge of the ~~~`~~~ rci~,cra mutton Nu. ~_ 2(1(15 I IIIIII VIII IIIIII I IIII III VIII 1111111 III VIII IIII IIII 5 e 5 ze 3 03: ssI SILVIH DNVIS PITKIN COUNTY CO R 0.00 D 0.00 building envelope shall he retained for screening purposes. Only the vegetation on the north, south and east of the building envelope shall he spaced and clumped as outlined in Condition 3(A)(b) of this Determination. 7. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials and concepts. The timing of any sprinkler systems shall be decreased for low water plants. 8. The Applicant shall use exterior materials that "blend in" with the surrounding natural landscape. Non-reflective roof materials shall be utilized. 9. A variance from the Board of Adjustment shall be obtained for any development that encroaches into front vard setback. 10. The Applicant shall comply with the following wildlife mitigation: A. On;: dog shall hr, allowed and must be kel:neled, !7 The Applicant shall comply with the 2001 1Yi1dGFe Protection t~rdiltance *Io. 010-.:OOi tar waste storage. C. Fencing outside of the building envelope shall be prohibited. D. Native vegetation shall be preserved outside of the building envelope, with the exception of any thinning and spacing required to accommodate wildfire mitigation. E. Livestock shall be prohibited. F. Horses shall be kept within the approved building envelope only. Grazing on the remaining portions of the property is prohibited. Hay shall be fenced with an 8 foot mesh game proofing fencing. G. Round handled doorknobs shall be used on all outside doors. H. Fruit, nut or berry producing trees shall not be planted. 1 1. The Applicant shall submit a Drainage and Erosion Control Plan to the County Eingineer for review and approval, prior to the submittal for arty building permits. The plan shall address the management of runoff during construction. i_. Prior to the submittal of any building permit applications, the Applicant shall obtain an Access/Driveway Development permit for review and approval by the County Engineer. The driveway shall comply with County standards at the time of issuance of the permit. 1'++. Lighting shall comply with the Pitkin County lighting standards at the time of installation. No exterior lighting other than required by [he Uniform Building Code shall be installed on dte north, south, and west sides of any structures. 14. All development must comply with the provisions of the Pitkin County's Noxious Weed Management Plan. 15. Floor area shall be limited to 5,750 square feet exempt from growth management Floor area shall be calculated based on the definition in effect at the time of building permit submittal. I ~. Pursuant to Ordinance No. 0?2 ?.000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. , ` / c~~crSroluriun Nu. ~- 2(105 I IIIIII VIII IIIIII IIIIII III VIII IIIIIiI III VIII IIII IIII 5 e 51ze 3 ea : ssI SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 17. fhc Applicant shall comply with the litllowing standards for the caretaker dwelling unit: A. Prior to the issuance of any building permits for the unit, the Applicant shall record a deed restriction for the caretaker dwelling writ with the Housing Office. E. Housing Office staff steal I inspect the unit prior to issuance of a Certificate of Occupancy. C. The kitchen unit shall contain at least atwo-burner stove with oven, a standard sink, and no less than a 6 cubic foot refrigerator plus freezer. D. The caretaker dwelling unit shall be limited to 1,000 square feet of net livable square footage as calculated by the Aspen/Pitkin Housing Authority. 18. 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 August 25, 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 25T" DAY OF JULY 2005. ~''~Iti?? it:D .A V;J A~(7P"C'ED ON'T'HE 25°i' I`iAY (;I+'.gUGL/ST 2005. VESTED RIGHTED NOTICE PUBLISHED ON THE ~ DAY OF, 2005. .ATTEST: HEARING OFFICER OF PITKIN COUNTY, COLORADO Administrative Assistant ~onrit2 Woeehblel APPROVED ~" i ,lohn Case #Pl ]6-OS 264515300018 Im True, Hearing Officer Date: $' 2 p APPROVED AS O CONTENT: 'nd ouben, Community Development Director ~Q~~i,n'-,+ LZ rAL ~GY R~3e 860 Iarsl a2t~tsd ~ the SS/2 a: ~. ~' auSd SS/2 gaI/ifa~ ~'iesterl"'c1F~ Meridian. Iy2aq Spu t3or1 13. Tclt~iy 9 =auth, lollavs: Y ~ the Lastas~ly I,ia~e ~ ~~ SI/ ~ {/ pOr"~+ 1'-' 1Sra of ~_L+ad 4s ~31n:s1s:s :t a rAizt lace: ~~= L5s SW cy~. ~ e>.t~ S~ ~~'a N 00 26 20" E 825. Ctrs S 63.25' 1,;» yf 831.9S tbeesca S 89•i0'21» g 1991 93ttsrtt0~a ~~t a' '~ ~'~rl ~ . terra S 90`70' p 'L~? t3e lbr-.r~t'1 oYd ~GCf `ayl~ e1:2 571/G: tl+enee f+O,aT Z993.f8~ttt~ -~eterS•1 Iyna 0r ~d Ss!2 SZr./~ Fii0.2d tHet~.1/~; E3cC~• a_...°~.loot road went., tiSr~ 3r.:=re ~~.., ~~'=s`8 ar a P0' :: yz t2s 1Var~ ,. .. Sseticzi 15 3:r + thssca g ~ al'so' E $9.31 aetb~r•~7.:C,LaQt: b_/. SwI/` ~'~'.C8 Lhr ter? 4:-^i`2r o±, 23.27 Od g j.b,dl last; f tl:ecce 5 18.37'3x» g TZ6.E3 tae:: t'`s~ce S 26.01'2x" g iZ6.3S teat; ~ S ~•4'~ CTy W 164. E:i test; t`~-,~ s 38. O~i9" r 10:.78 teat; ~~=5ed C'set0ot E 74.78 teat to a psis; L~CSCe ~t algy~ ~ ~~ O12 `•~ Eott:.trr2y 1Saa of ~ ~ Mut1'~r~. of said traa:t 890 ~ feat. ~ sTaTE ~ ~I~'Y• ® ®~) 4~ :; Q I I"III 454627 "III "IIII II' 05/22/2001 III II'II 01:07P "I IIIII'I II DETERMIN ~'IIII I'II I"I DiiVIS SILVI 7 of 8 R 0.00 D 0 .00 N 0. 00 PITKIN COUNTY CO IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIYIIIII~IIIIIII 5901ze 6 0t:te~ 0.00 D 0.00 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT llIRECTOR OF PITKIN COUNTY, COLORAllO, APPROVING THE CAllER MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO MOVE THE ENVELOPE FOR SCENIC CONSIDEItAT10NS Decision Nu~-2(lOG RECITALS 1. Andrew Cader ("Applicant") has applied pursuant to Section 3-200-080 of the Pitkin County Land Use Code ("Code"), [o move the existing building envelope and include further height restrictions due to scenic concerns. 2. The property is a metes and bounds property located in the Shield-O-Mesa Subdivision off of Cltatcau Way, and is more specifically described in Exhibit A. 3. The property is zoned RS-30 PUD and contains approximately 37 acres. w~ 4. The parcel received ] 041 Hazard. Ridneline and Sperial Review for a CD(~ appr~~~~J from fl.a +.r~ t ~fi'cer pws:.it!t to I)ete;atninatist'' S. 5-;~4 ~~tt" 7u:100`. ~. The Director finds that the request is consistent with the requirements of the Land Use Code. ~ APPROVED by the Director, subject to the following conditions, which shall run with the land and be t_ binding on all successors in interest: ~_ S 1. The Applicant shall comply with the provisions of Hearing Officer Determination No. 25 X005, ~ unless otherwise replaced or amended by the conditions of this approval. d ? Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in accordance with Sections 5-70-040 of the Land Use Code. Building J and accessory envelopes shall be depicted on the site plan that comply with the recommendations of ~ a letter from Davis and Horn, Inc. (see Exhibit B), dated December 19, 2005. Community ''~ Development shall approve the site plan prior to recordation. 3. Prior to the recordation of the amended Site Plan, a certified land surveyor shall certify that the elevations are true and correct within the envelope on the Plan. 4. The height, measured to the highest point of any stntcture built within the building envelope shall (q be limited to a maximum elevation of 8,436 feet, or the County height limitation, which ever is a7 more restrictive. d r ~. Any and all structures shall be limited to earthtone colors to be approved by Community Development prior to the submission of a building permit. 6. Prior to the submission of a building permit, the Applicant shall submit a landscape plan for the area located to the west of the building envelope, which shall provide screening from Capitol Geek Road. The stand of Oak located on the ridge shall remain. 1111111 III I I 520638 ®®(~' h ry ~ v IIIII IIII L Illltllltllllllll 111 IIIII III IIII 0 02 /07 /02 00 0 1 :56 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIII 590 z0ee et:IO~ LINTY LO R 0.00 D 0.00 /~dministruive Decision No.~j~-?006 Page 2 The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. APPROVED by theDirec[or,this23tZdayof ~c.~t~,.,`~,,, ,?006. ~- Cindv Houben, Community Development Director PIDM 264515300018 ~~~~~~ ~~ ~ ~~~~~~ ~ ~~~ ~~ ~ ~~ ~~~~~~~~ ~~ ~~~~~ ~~~~ ~~~~ a ~ 06 e 8 eI : se JPNICE K VOS CFlUDILL PITKIN COUNTY CO R 0.00 D 0.00 ~_'] SAL ~GV A t: act of Lax'.C sY :.:zted ~ tie ~, Sid 551/2 5WI/tt,~ ~~ Y ~/~~ IYi_~ ~~~~025. Taa~hiV g =cvth Br feet- ~-inS at a ~7iZt t+hesyca L''Sa SZJ ~~ _ 26 ~ - ^^ ,f ~~ a «thaTac~ N CO • ' 2a^ $ 82~. ~ct'.Oil 'mss=-i 5 0 40 -. ~ feet to a ?'i:,t `_ L,.M ~ b3.2,., 1," W E32.9S t.s-~ S prZ•70~ ~~~ 3 2991.93 feat ~ ~ .h3z'3 , . t'y~'s F,est 2993.48aI~t~ -.aeter?I 1=r>.o~r ~d 1S ~+~. ~Lr~e at ;ay'i SZ:2 Sn:/<: `t-~y~' _`..:e. ~`~t :cau3 t72. tsa1~ 3e t:.,er ~ ci 15 ~_~ 3 S $ Xo""`.~i':;r T` o;' - t-~'~T S Z3.27~~3" E 59.31 feeta ~ ~ Z_~ •:C r ~`~ 5:/.' ~I/E y..~-ee L~.r `r7 li:--~-Cr o~ t•.a-,yam S 18.37' E IgB.bI feet; I ~ 38" _ 226. E3 feet: ~~ S ~•q~~2i, $ 126.35 felt. .Se^Q <2' A 1 tt'.e`rr 5 1g• 64.6 fit. S 38.20'02" ~~`~ Z.~ .~ ~ ' C, l~•,d ~ 8~ fe'et tD i 'Z i., t O2: .ce i.~t c-=. L`» Soc:L~ ~~1, C' , ..Fsa ~~rrlY 1;^• of t':e acct ~'~ thct 8pp P3ut, S-~.'~ Gr ~pL~p~ IIIIIIIVIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIII 995 2009 03:551 R 0.00 D 0.00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllillllllllllllllllll 5 0060 8 0> 5E R 0.00 D 0 00 454627 85/22/2001 O~DETE S SILVI Attachment 8 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY -REVISED LOCATION: Shield-O-Mesa Sub/Monastery Rd Cutoff PID#: 2645-153-00-018 OWNER: Chateau Snowmass LLC ZONE: RS-30 REPRESENTATIVE: Alice Davis PHONE and EMAIL: 925-6587 adavisCo~rof.net DATE: July 31, 2008 PLANNER: Cari Anne Holcomb 920.5092 Type of Application: Activity Envelope Review and Scenic/Ridgeline Review and Special Review for a CDU. Description of Project/Development: The Applicant is requesting an Activity Envelope and Special Review for a CDU along with Scenic/Ridgeline Review with vesting. Numerous previous approvals apply to the parcel. Site plan review is not requested at this time. Site plan with CDU location approval shall occur prior to submission of a building permit. *Proof of adequate water will need to be provided for the additional dwelling unit. Land Use Code Sections to be addressed in letter of request lapalicationl• Sec. 2-20-10(e): Requirements for Development Permit; Sec. 2-30-30(h): Special Review for a CDU; Sec. 2-40-20(f): Additional Special Review Procedures for CDU's; Sec. 4-30-50(e)(1)(2): Caretaker Dwelling Unit; Sec. 6-30-40(c): GMQS Exemption for CDU; Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 7-10-50: Activity Envelope; Sec. 7-10-60: Priorities in Locating Activity of Development; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-60: Wildfire Hazard -Mapped Severe Wildfire Hazard Area; Sec. 7-20-70: Wildlife Habitat -parcel mapped in mule deer summer and elk and mule deer overall ranges. Sec. 7-20-120(d): Standards for Scenic View Protection Areas; Sec. 7-20-120(e): Rural Character Guidelines for Building Location Sec. 7-20-130: Landscaping and Vegetation Protection Sec.7-20-140: Lighting Staff will refer the application to the following agencies: Snowmass/Capitol Caucus, CDOW, and Basalt & Rural Fire, Housing. Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100 of the Land Use Code. In addition, the Applicant shall mail notice 30 day prior (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department ~~~''~z~ FEES: $3,501 (Make check payable to "Pitkin County Treasurer") Planning Office flat fee: $3,243 non-refundable; based on 13 hours of Staff time; if staff review time exceeds 15.6 hours, the Applicant will be charged for additional time above 13 hours at a rate of $249/hour) Public Notice Fee: $54 Web Technology Fee: $25 Housing Referral Fee: $179 To apply, submit 5 Copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Activity Envelope as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual. 3. Previous Land Use Approvals (if applicable). 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual. 5. Proof of adequate water for the additional dwelling unit. 6. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual. 7. Parcel description, including legal description and 8-1/2" x 11"vicinity map locating the subject property within Pitkin County. 8. Total fee for review of the application. 9. Signed fee agreement (1 copy). 10. Consent from owner(s) to process application and authorizing the representative (1 copy). 11. List of all adjacent property owners and mineral estate owners (1 copy). 12. Copies of this pre-app form. NOTES: - 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 IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - The Land Use Code is available on-line at hftp://www.asaenpitkin.com/devts/71/ - The Land Use Application manual is available on-line a! - This pre-application conference summary is advisory in nature and not bins information provided in this summary is based on current zoning standards based upon representations of the applicant. Additional information may be review of the application. ling on the County. The and staff's interpretations required upon a complete April 26, 1999 l ~ Gi /D.vr G. ~~Y '' ~. PMnea y,~,-'13~ Ipu• `tZS-S(YiJ Faaa Glen Hom Davis Hom Inc. 215 South Monarch St. Aspen, CO 81611 Re: AidenlCader 1041 Wildfrte Hazard Review S1~TICE fiuue Semon B~uldin! 222 S. 61h Suocc Room 414 4nne ~w~~. cdo..d~ xr wr r~~,,,,e lv7oJ zee-rus Glen, Please incorporate these comments with the owner's 1041 appliption. The site was visited by Glen Hom the owner's representative and myself on April 15"'. The property is lopted in the Shield-O-Mesa subdivision. Access to the panel is from the Mesa Road on to Chateau Way, which is also called the Monastery Cutoff. The Mesa Road has been improved by widening and adding turnouts. Adding signs to the roads in the subdivision was another improvement Chateau Way is primarily aone-lane road to the Alden driveway. The ~mreway is std ac you rrome off Chateau Wary and ~,Q,y n~+ soma ur~Y r.. lessen th^ ~.~frfi. Th4: ~~ r ^:~ ~~ngirteer and fire departrr,...; ;bild r r,,. ~ ..>~rrt r ~ ^...,: ,,, :,1.+I.arre 'J':he u..t,ia.i^;y envelope sits arc a neaf+y Jfiat ridge tat.. "fhd ds ~~ i,ut a`1 r.~rrl arl average slope of 5%. The vegetation is scattered short Gambel oak/serviceberry. I would rate the wildfire hazard for the building envelope as medium because of the slope and very sgttered nature of the vegetation. As you leave the building envelope to the west and east the slopes get steeper. The vegetation also gets taller and denser. The wildfire hazard for these areas would be rated as severe. The Chateau Way road passes through this severe fuel on the east side of the property. I was advised that the stn,cture would be positioned on the east side of the proposed building envelope. My recommendations to mitigate the wildfire hazard area as follows. 1) For a distance of 10 feet around all strurxtn-es establish and maintain vegetation at 6 inches or less. Any combination of mulch, hardscape (e.g., sidewalks, stones etc.) or low growing vegetation will satisfy this requirement. Planting woody vegetation within this perimeter is discouraged. !n addition, flammable materials (e.g., firewood) should not be stored within this 10fioat perimeter. 2) The vegetation east and below the envelope would be rated as severe. Therefore, t recommend thinning and dumping the vegetation as prescribed in Section 3-80.7.C.3. of the Pitkin County Land Use Code. This should be done for a minimum distance of 30 feet uphill and to the sides artd 60 feet on the downhill (i.e., east side) side. 3) The lower branches of the dumps allowed to remain should be removed up to hall the total height to remove Jadderfuels. 4) All deadfall within a 100 feet of structures should be removed. Feel free to call me with any questions about these mitigation recommendations. ~.~.~~.. ~ ~~ ~ ~~ A. Vince Urbino Assistant Oistrid Forester Attachment ~o PI"I'KIN COUN"fY COMMUNITY DEVELOPMENT DENAR"fMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PI"1'KIN COl1N"fY (hcrcinaftcr "COUN"fY") and (hcrcinalicr "APPLICANT") AGREE AS FOLLOWS: nowm I. APPLICANT has submitted to COUNTY an application for tI- ('~'{ (JI~1 ~-'~(~,~b1]O 1_D U ~ S["t°.lh i( /21de~ohna Qbf1lP,g7s(hereinafter, the "PROJECT"). _T3a7-- 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost ot'development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 3 SV which is based onl~ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director ~' .ha ~a u SryawmQ ss ~~G ("APPLICANT") Bye----- ~~ Print Name and Title (it applicable) i "`~~"~ Date• ~ ~ 2('jD8 Mailing Addre s: Att~~ment ~I Chateau Snowmass LLC c/o Andrew V. Hecht, Garteld and Hecht 601 East Hyman Avenue Aspen, CO. 81611 (970) 925-1936 August 19, 2008 Cari Anne Holcomb Pitkin County Community Development Department 130 S. Galena Street Aspen, CO. 81611 RE: Authorization to Submit a Land Use Application Dear Cari Anne: As the authorized agent of the owners of the property at 51 Shield O Mesa Road (PID # 2645- 153-00-018), I authorize Davis Hom Incorporated to submit and process a land use application for this property in Shield O Terrace. Please call if you have any questions or concerns. Sincerely, CHATEAU SNOWMASS LLC ANDREW HECHT PC Authorized Agent Attachment ~~ ~awyers itle jnsurance ~rporation ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3~FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-wince@sopris.net TJ Davis-tjd@sopris.net Tom Twitchell-tomt@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Leigh Nokes-leigh@sopris.net (general office assistance) Issued By Lawyeis'jide jnsul-ante (o}po{ation Home Office: 101 Gateway Centre Aarkway, Gateway One Richmond, Virginia 23235-5153 1-800-446-7086 B 1004-268 ~~)~(4l ~ COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 1, 2007 at 8:00 AM Case No. PCT21398L3 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 1,100,000.00 Premium$ 1,169.00 Proposed Insured: Rate: Re-Issue CHATEAU SNOWMASS LLC (b) ALTA Loan Policy-Form 1992 Amount$ 825,000.00 Premium$ 100.00 Proposed Insured: Rate: Companion UNITED WESTERN BANK, ITS SUCCESSORS AND/OR ASSIGNS (c) ALTA Loan Policy-Form 1992 Proposedlnsured: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: GRAND RIVER REAL ESTATE CORPORATION, A MICHIGAN CORPORATION 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUT}IORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in the S1/2 of the SW1/4 of Section 15, Township 9 South, Range 86 West of the Sixth Principal Meridian, lying Southerly of the Northerly line of said S1/2 SW1/4 and Westerly of the Easterly line of said S1/2 SW1/4 described as follows: Beginning at a point whence the SW corner of said Section bears South 53°29'12" East 831.89; thence North 00°26'20" East 821.63 feet to a point on the Northerly line of said S1/2 SW1/4; thence South 89°40'23" East 1991.93 feet along the Northerly line of said S1/2 SW1/4; thence South 00°20' West along the Easterly line of said S1/2 SW1/4 810.25 feet; thence West 1993.48 feet to the point of beginning; Except a 60 foot road easement, being 30 feet on each side of the following described centerline: Beginning at a point on the Northerly line of said S1/2 SW1/4 whence the SW Corner of said Section 15 bears South 52°35'45" West 2157.70; thence South 60°54'26" East 59.34 feet; thence South 23°17'05" East 148.51 feet; thence South 18°57'38" East 226.65 feet; thence South 26°01'24" East 126.39 feet; thence South 02°47'42" West 164.65 feet; thence South 15°05'19" East 102.78 feet; thence South 38°20'02" East 74.95 feet to a point on the Southerly line of the above described tract of land; thence West along the South boundary of said Tract 800 feet. Together with use of roadway as set forth in Declaration of Protective Covenants for the Shield-O-Mesa Road Improvement and Maintenance Association recorded July 22, 1997 as Reception No. 406544. SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Copy of the Registration duly stamped by the Secretary of State of the State of evidencing registration of Chateau Snowmass LLC and Statement of Authority and a copy of the Operating Agreement of Chateau Snowmass LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 2. Evidence satisfactory to the Company that Grand River Real Estate Corporation is a duly existing and valid corporation existing pursuant to the laws of the State of Michigan, must be delivered to and approved by the Company. 3. Deed, executed by the President or Vice President or other designee authorized by the Board of Directors of: Grand River Real Estate Corporation a Michigan Corporation To :Chateau Snowmass LLC A copy of the corporate resolution authorizing the transaction contemplated herein. NOTE: Corporate Seal or Facsimile should be affixed. 4. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Shield O Mesa Road Association certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 5. Deed of Trust from :CHATEAU SNOWMASS LLC to the Public Trustee of the County of PITKIN for the use of :THE LENDER TO BE INSURED HEREUNDER to secure :$825,000.00 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) (Continued) ~~~?~7~ SCHEDULE B -SECTION 1 REQUIREMENTS -Continued 8. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) ~Jn(l~?51 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed bylaw and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in Patent recorded April 22, 1911 in Book 55 at Page 186. 8. An undivided one-half interest in all oil, gas and other minerals together with the right of ingress and egress to explore for said minerals and so much of the surface as necessary for said minerals as reserved in Deed recorded October 2, 1951 in Book 176 at Page 603; and as conveyed by Deeds recorded April 2, 1991 in Book 643 at Page 8 and May 13, 1991 in Book 646 at Page 161. 9. An undivided one-half interest of all oil, gas and other minerals in the subject lands, as set forth in instrument recorded June 1, 1962 in Book 227 at Page 226, and any and all assignments thereof. 10. Terms, conditions, obligations and provisions of restrictions as set forth in Deed recorded March 22, 1968 in Book 234 at Page 94. 11. All oil, gas and other minerals, however that no right to prospect for, as reserved in Deed recorded March 22, 1968 in Book 234 at Page 94. 12. Easement 15 feet for right of way and utilities as reserved in Deed recorded March 22, 1968 in Book 234 at Page 94. 13. Terms, conditions, provisions and obligations as set forth in Declaration of Protective Covenants for the Shield-O-Mesa Road Improvement and Maintenance Association recorded July 22, 1997 as Reception No. 406544 and Amendment thereto recorded September 8, 1997 as Reception No. 408197. 14. Terms, conditions, provisions and obligations as set forth in Declaration and Grant of Roadway and Underground Utility Easement recorded March 20, 1979 in Book 365 at Page 65. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded October 14, 1997 as Reception No. 409422. 16. Terms, conditions, obligations, provisions and restrictions as set forth in Determination No. 25-2005 of the Hearing Officer of Pitkin County, Colorado, recorded September 21, 2005 as Reception No. 515113. 17. Terms, conditions, provisions and obligations as set forth in Administrative Decision of the Community Development Director of Pitkin County, Colorado, Determination No. 09-2006 recorded January 24, 2006 as Reception No. 520113 and re-recorded February 7, 2006 as Reception No. 520638. 18. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Plat of subject property recorded March 1, 2006 in Plat Book 77 at Page 87 as Reception No. 521332. ~10~)~'53 ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT21398L3 SELLER: GRAND RIVER REAL ESTATE CORPORATION, A MICHIGAN CORPORATION BUYER: CHATEAU SNOWMASS LLC The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above ENDORSEMENTS: Form 100.29, Exceptions No. 8 and 9 For a fee of: $234.00 For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums andlor fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ®O~lC5~t ENDORSEMENT SCHEDULE FOR LENDERS POLICY FILE NO: PCT21398L3 BORROWER: CHATEAU SNOWMASS LLC The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: Form: Form: Form: Form: Form: Exceptions Numbered 1, 2, 3 and 4 will be deleted from the fnal Title Policy, upon compliance with the requirements set forth below. Exception Number 5 will be deleted upon recordation of the documents called for on the Requirement Page. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payabNe, upon evidence satisfactory that the Taxes for prior years have been paid in full. NOTE: A satisfactory affidavit and agreement indemnifying the. Company against unfiled mechanic's and materialmens liens, executed by the borrower and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment, the fee for this service shall be $20.00 for each parcel of real property and an additional $10.00 per parcel of real property if personal property is also involved in the transaction. Pursuant to House Blll 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. ~O~1C56 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-17661970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE:PCT21398L3/CHATEAU SNOWMASS LLC ~~~)~~~ LANDAMEI~ICA Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family -Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company -may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.con,). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Titla Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company, First Title 8 Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, EI Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/ Lawyers Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and AncillaN Services: LandAmerica OneStop, Inc. Fonn 3391-6 (May 2001) t1~~)a~~ LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. Form 3391-6 (May 2001) ~~f~f1~ Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. ~?i~f~~~6~3 ISSUED BY COMMITMENT FOR TITLE INSURANCE Lawyers'~itle Insurance Ciporation LAWYERS Title Insurance CORPORATION, a Virginia corporation, herein called the company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when [he identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION a! ~'~ tea Attest: /'~" Secrete iy 19Y5 ~s rY 4 ~ M. , ,,,' - By' President Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no even[ shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment - 1966 Cover Page Form 1004-268 ORIGINAL ~O~1~~61 JOHNS DANIEL C & HEIDI WIRTH 1/3 PO BOX 594 SNOWMASS, CO 81654 264515300019 JENKS TIM PO BOX 12325 ROANOKE, VA 24024-2325 264515400006 FORMAN BARBARA & LEONARD RIDGE RD GLEN COVE, NY 11542 264515300020 TROUTMAN JANINE PO BOX 11705 ASPEN, CO 81612 264515400020 ST BENEDICTS MONASTERY 1012 MONATERY RD SNOWMASS, CO 81654 264515300021 JOHNSTON MARY C REV TRST 25 COLT LN GLADSTONE, NJ 07934 264522101001 Attachment ~3 ~4 d j ac~,n-E P rop~rt'y Ou~n~cr's ~Qn~~s? i u , ~ ~ i { y T ~•-- ~ v;i it ' .,-- o ~~ .... ~ ~ w' 9~\~• ~ II) f 3 F II YIV }I ~Y l~r~ ~ ) ~ S .. ,.5 Y:. - _ ._ _..; 26 ,. ~ A . f t „,t ~ 3 264515300018 s a„ i - zo , --1 /,, s { i~, ~. . i ~ , ~ CAMA SELECTED PARCELS Scale 1:12,837 ~ PARCELS Units =Feet C~ STRUCTURES N DRIVES ROADEDGE - ROADS - WAT LIN O WAT POLY %~ ADDRESS ®6~4'~ i ASPEN OFFIC F. fi01 Bari Hyman Avcnuc Aspen, Colorado %1611 Telephone (970)925-1931 Facsimile (970) 925 700% CLENWOOU SPRINGS OFF'IC3: The Denver Centre 420 Scvenlh Slreel, Suite 100 Glenwood Springs, Colorado 81801 Telephone (970)'147-1936 Facsimile (970) 947-1977 Atte ~ !~ rr~ e n t ~ `~ GARFIELD & HECHT, P.C. f,f,7,,;, "~~m°k ;<„F I'asl O(fuc Rox 5450 ATTORNEYS AT 1. A W Avnn, C'ulorudu %1620 Since 1975 Telephone 1970) 949-!1707 Pacsiuulc 1970)949-IHIU www. garfm Id hcch Lour n August 21, 2008 I;ASALT OFFICE River Vicw Plaza 100 Elk Run Dnvc, Swte 220 Basah, Colorado %Ifi21 Telephone (9701 92 7-1')36 Facsimile (970) 927-1939 Meale D. Garrimone, Esy. Glenwood Springs Office ngarrirnone~mga~eldh ecGr. rorn Alice Davis Davis Hom, Inc. 215 S. Monarch Street, Suite 104 Aspen, CO 81611 Re: Leeal Water Suoply for Caretaker Dwelline Unit Dear Alice: At your request, we reviewed the well permit (Permit No. 26521.4) for the groundwater well that serves the property owned by Chateau Snowmass, LLC. It is our understanding that the property consists of approximately 37 acres. The well permitted under Well Permit No. 265214 may be used for fire protection; ordinary household purposes inside up to three (3) single-family dwellings; the watering of poultry, domestic animals, and livestock; and the irrigation of not more than one acre of home gardens and lawns. According to the records of the Colorado Division of Water Resources, the well permit is currently in the name of Grand River Real Estate Corporation, which is the predecessor-in-interest to Chateau Snowmass, LLC. Copies of both the well permit and the quit claim deed by which ownership of the well was conveyed to Cha[eau Snowmass, LLC are enclosed for your reference. Because the well is permitted for use in up to three single-family dwellings, it may be used to provide a legal water supply for both the main house and the caretaker dwelling unit to be constructed on the property owned by Chateau Snowmass, LLC. Please contact me if you have any questions or need additional information. Sincerely, GAaF1eLO & I IecIIT, P.C. ~~/C© li ~~~~1 c Grp->-<r ~~ Nicnle D. Garrimone linclosurc snln% I ~~ 1-.......I .... QUIT CLAIM DC)/D Grand River Rea] Estate Corporation, a Michigan corporation whose address is 8240 Grand River Road, Brighton, MI 48114, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and quit claims to Chateau Snownlass, LLC, ~ whose address is 201 West 8151 Street, Apt 3F, New York, NY (0024 all water rights and water ~° storage rights, whether adjudicated or unadjudicated, all entitlements to use water, whether ~n contractual, by permit, or otherwise, and all groundwater rights, whether tributary or nontributary ~ and whether ad udicated or not, used u on or a urtenant to the Pro ert alon with al] ermits, ` j P PP P Y. g P I~ easements, structures, ditches, pipelines, headgates, wells, pumps, measuring devices and other IJ facilities necessary for or used in connection with the exercise of such rights, used upon or in ~ connection with, in any way, the following real property located in the County of Pitkin, State of Colorado: A tract of land situated in the S 1/2 of the SW1/4 of Section 1 S, Township 9 South, Range 86 West of the Sixth Principal Meridian, lying Southerly of the Northerly line of said S1/2 SW 1/4 and Westerly ofthe Easterly line of said S1/2 SWI/4 described as follows: Beginning at a point whence the SW corner of said Section bears South 53°29'12" East 831.89; thence North 00°26'20" East 821.63 feet to a point on the Northerly line of said SI/2 SWI/4; thence South 89°40'23" East 1991.93 feet a]ong the Northerly line of said S 1/2 S W 1/4; thence South 00°20' West along the Easterly line of said S 1/2 SW 1/4 810.25 feet; thence West 1993.48 feet to the point of beginning; Except a 60 foot road easement, being 30 feet on each side of the following described centerline: Beginning at a point on the Northerly line of said 51/2 SW 1/4 whence the SW Corner of said Section 1S bears South S2°3S'4S" West 2157.70; thence South 60°S4'26" East 59.34 feet; thence South 23°17'OS" East 148.51 feet; thence South 18°S7'38" East 226.65 feet; thence South 26°01'24" East 126.39 feet; thence South 02°47'42" West 164.65 feet; thence South 1S°OS'19" East 102.78 feet; thence South 38°20'02" East 74.95 feet to a point on the Southerly line of the above described tract of land; thence West along the South boundary of said Tract 800 feet. also known by street and number as TBD Monastery Cutoff Road, Snowmass, CO 81654. ~G 7L 1n A.~.~~~ ~ rlcc~ r- (pUl L Ff1.~ rvtk K_ i RECEPTIONq: 539483, 06/29/2007 at 01:23:40 PM, t OF 2, R $11.00 DF $0.00 Doc Cade QCD Janice K. Vos Caudill, Pitkin County, CO rafln,n~tr, ,. , Signed this ~ / ~ day of June, 2007 GRAND RIVER REAL ESTATE CORPORATION, a Michigan corporation by: Gera d G. Spitler, its President Ct ~ ~ irl ~u.~F- STATI; OF COLORADO ) ss COUNTY OF PITHIN ) The foregoing instrument was acknowledged before me on this th~th day oflune, 2007 by Maria Morrow, as attorney-in-fact for Gerald G. Spitler, as President ofGrand River Real Estate Corporation. WITNESS b1Y HAND AND SEAL. t~ .l Notary Public [SEAL) R/--'~:Q; ~~^~My commission expires: ~ i I' , I n ~ fir.. .,' J. • •, --<;, ~., \ _"_!'r'Y"-- ~'/ `~`r ~'` ,1/1 1- '^. u:,c_.......__.~~.,.a L °~~°)Q6~ • w nut r. ur~wr Lb: 01 y/G`JLOVO/tl uiuwc~~ nnrottn trait 01/B3 ~ runnnu. V~tlVt Vt 1'NESTA7'EENGINEE~ ~WS.~ ~at~ap rsla~lo~.~~ESauRc~s WE7,tPd=xrrerux ~~ APPLICANT nN, s WOaa~ - '~"< . oes, e~s11v Mo plMUdmuNfY~ A QN ~AemRkW GwfiR TE 1W SW iRi Soelieq TS EE'7Y90 HOU9E RO owshgp 8 s Renlye 66 W g Mf IRSiCa. NY 10346. alstuyeRe ea.. ~ P.M. ~ ~+'iIOYJ 16VRR 1212)!67-3T1J 777D Ft ftpm py4f ~0^ {InR FJFfCwe...v ~..__ Im~n..~~._.._ ~Vle F..~6: ONCE OF THIS N~~~FPRA WA7ER~ ~~& 1) Thhnee>QW Oe urW ln~e RIOfiT e°°e ~IVnueVlmro~ ~v~ ^D~ 0dlevio ndWnOwaler~ 71u;~rmolalpeprnmt ~ ~eone0ued+n ~1Yeill actlon. MLUt~aP+~YlOe MIC111ereIM~e/efavnud..alrrple6um d,~Aa. °'~or+7Me~m~N: s~.9opy ~Cqy~ Ru4. z CA2.6zs+ruW ~Pn*o ]1 ~'R"~pt~ant ~wgrAN 14 ~ISpymwlaM Har~naRlaeen a~~ WIIMMYtef fDm rbsW ~~ ~Cej~lb.~meaa~tl WJ7.66 om-,sgpmpbsspmlAe~fiOn .I ~~01 wNle Krrtetly ~~ ~°~6'dempW en ~+e at~paale6i~ ~Nmrlq~m~y~ n6e. dr rangy~apo,~,, ~~AurCOaee4Wns~and ar 3I T7rP~Brgee of~re6 e6e~/g1 ~Ilerlp~ em.eTacvec a1 TdeleoanlWerfmmt~eaearntw~mw4 ~ fisrse eynet~binew lun~n"" ~eyggn~~wti ~~ of aka D1 ~~d ~wrro~arma i~.e~.ne~o^e~a a4af~ pNa16>a6. ~.iee. menim!ro ~sct ~- Rece ee • 16., ~C~3a?6? ^.' ••. Y ti: i4 ~{ac~.M.en~-~ 11 Chateau Snowmass LLC c/o Andrew V. Hecht, Garfield and Hecht 601 East Hyman Avenue Aspen, CO. 81611 (970)925-1936 August 19, 2008 Cari Anne Holcomb Pitkin County Community Development Department 130 S. Galena Street Aspen, CO. 81611 Rli: Authorization to Submit a Land Use Application Dear Cari Anne' As the authorized agent of the owners of the property on the Monastery Cutoff Road (PID # 2645-153-00-018), I authorize Davis Hom Incorporated to submit and process a land use application for this property in Shield O Terrace. Please call if you have any questions or concerns. Sincerely, CHATEAU SNOWMASS LLC C1---~~~ ANDREW HEC11T PC Authorized Agent PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on May 4, 2009, the Pitkin County Community Development Director granted approval for the Approving the Chateau Snowmass LLC Activity Envelope Review, Scenic/Ridgeline Review and Special Review for a Caretaker Dwelling Unit (Case P105-08; Deter. #26-2009). The property is located on Monastery Cutoff Road and is legally described as a tract of land situated in the S 1 /2 of the SW `/a of Section 15, Township 9 South, Range 86 West of the 6`" P.M. The State Pazcel Identification Number for the property is 2645-153-00-018. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Asnen Times Weekly, on May 17, 2009. PUBLIC NOTICE RE: Chateau Snowmass LLC Activity Envelope Review, Scenic Review and Special Review for a Caretaker Dwelling Unit (Case P105-08) NOTICE IS HEREBY GIVEN that an application has been submitted by Chateau Snowmass LLC (201 West 815` Street, Suite #3F, New York, New York 10024) is requesting approval of an Activity Envelope and Scenic/Ridgeline Review with vested and Special Review for a Cazetaker Dwelling Unit. The property is located on Monastery Cutoff Road and is legally described as a tract of land situated in the S 1 /2 of the S W '/< of Section 15, Township 9 South, Range 86 West of the 6a' P.M. The State Pazcel Identification Number for the property is 2645-153-00-018. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 8 1611. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on September 21, 2008. Attention Adiacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By October 21, 2008. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 September 9, 2008 Ms. Alice Davis 215 South Monazch Street, Suite # 104 Aspen, CO 81611 Re: Chateau Snowmass LLC Activity Envelope Review, Scenic/Ridgeline Review and Special Review for a Caretaker Dwelling Unit (PIDq2645-153-00-018; Case# P105-08) Deaz Ms. Davis: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you. directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) September 21, 2008. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 215` day of October, 2008. If any objections to the development application aze received by this date, the Community Development Department shall continue the application to a public heazing before the Boazd of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 5`h day of October, 2008, which is at least fifteen (15) days prior to the (30 day out) October 21, 2008. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 & 2-40-20 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Snowmass/Capitol Creek Caucus Colorado Division of Wildlife Basalt Fire Department Pitkin County Housing FROM: Mike Kraemer, Community Development Department Re: Chateau Snowmass LLC Activity Envelope Review, Scenic/Ridgeline Review and Special Review for a Caretaker Dwelling Unit (PID 2645-153-00-018; Case P105-08) DATE: September 9, 2008 Attached for your review and comments are materials for an application submitted by Chateau Snowmass LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Tuesday, October 21, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Mike Kraemer Pitkin County Development Department130 South Galena St. Aspen, Colorado 81611 Re: Chateau Snowmass LLC Activity Envelope Review, Scenic/Ridgeline Review, and Special Review for a Cazetaker Dwelling Unit Mike, The Snowmass/ Capitol Creeks Caucus boazd reviewed the above proposal. The majority of the boazd voted, by a vote of 8 against - 3 for approval, and aze asking for more information about the application. Specifically, those questioning the proposal would like a redo of the ridge line study to see if story poles are visible from Capitol Creek and Elk Creek Koads, and from adjoining pazcels. Also, have there been any revisions of the ridgeline rules since this proposal was last looked at in 2005? If there have, these would influence our final decision on the application. There was also concern that the neighbors who would be affected by this house were not notified in this current application. There has already been an inquiry from residents of the Shield-O azea about the application. They would like to have a look at it too. Those who wanted to approve the proposal felt that the project had already been thoroughly studied, and one boazd member had been on the property in question in previous yeazs on an on-site inspection. So we are asking that the proposal be tabled until we get further information. Sincerely, Steve Child Caucus Land Use subcommittee chairman 07 Kraemer From: Steven F Child [evets.child@juno.com] Sent: Thursday, February 12, 2009 8:05 PM To: Michael Kraemer Subject: Re: FW: Chauteau Snowmass LLC application Mike, Some people at a caucus meeting expressed some concern, but noone seemed to follow up on it. I gave them a chance to get more info, visit the site, and so on. I would agree that the applicant can proceed with the project. Steve On Thu, 12 Feb 2009 15:38:37 -0700 "Michael Kraemer" <Michael.Kraemer(c~co.nitkin.co.us> writes: Hi Steve, f haven't heard from you so I'll assume this application is ok. Thanks, Mike From: Michael Kraemer Sent: Thursday, January 29, 2009 11:03 AM To: 'Steven F Child' Subject: Chauteau Snowmass LLC application Steve, I was wondering if the Caucus had a chance to discuss this application again? We talked about it before Christmas and I think you mentioned you would bring back the things we discussed to the Caucus for comments. Thanks, Mike Mike Kraemer Planner Community Development Department Pitkin County 130 S. Ga/ena Street Aspen, CO 81611 970.920.5526(phone) 970.920.5439(fax) michaelkraemerCrDCO oitkin co us Achine back? Sore necks Cick to learn how to manaee vour pain Basalt & Rural Fire Protection District "Protecting Our Community Since 1970" 10-21-08 Michael Kraemer, Planner Pitkin County Community Development 130 Galena St. Aspen, Colorado 81611 Re: 1041 Activity Envelope Review/Chateau Snowmass LLC PID 2645-153-00-018 Dear Michael, I originally reviewed this as the Cader Property 1041 hazard review for their property located at the top of Shield -0 Mesa. The Caders were essentially renewing their previous 1041 for the same building envelope and height limits stated in the aforementioned document. The comments I made for that application dated 6-17-OS would still apply to his renewal application. Glen Horn representing the applicant Chateau Snowmass LLC states they are seeking to refresh the past approvals for the property. Mr. Horn previously represented the Cader's and was provided a copy of the earlier letter. This letter is an updated version of my previous letter toward this parcel. 1 take note of the comments made by Vince Urbina of the Colorado State Forest Service toward brush mitigation practices for wildfire safety. [also noted item 1 1 of the previous 1041 stating the applicant shall comply with all codes and requirements of the Basalt and Rural Fire Protection District. Recently the fire department drove by this location to review an adjacent property. Based upon my review of the packet and observation of the site I offer the following comments. I first offer the requirements then provide a narrative to provide background of the situation: Requirements: 1) Access: The drivewav shall subscribe to the Pitkin County Asset Management Plan toward driveway design meeting the minimum width requirements with an all weather surface capable of handling the imposed loads ofa 60 OOO lb rre apparatus An the mrmmum county reauarement of JO-foot radius at the roadwav centerline The. driveway to the building envelope is lengthy. The potential is great for incoming fire engines to be blocked by civilian vehicles coming out. Sixteen feet is the minimum effective width allowing for the passing of civilian and fire vehicles. 2) Water supply: An individual structure water supply and storage shall be accessible to frre d~arhnent vehicles within 100 feet ofthe exterior of the building(s) through the use ofa hydrant meeting the policies of the Basah and Rural Fare district The amount o storage 1089 JW Drive, Carbondale, Co 81623 Phone:(970) 704-0675 • Fax: (970) 704-0625 www.basalttire.org a-~ 3 capacity shall be determined by the rre dishtict with a minimum of.i000-Qallon storage capaciltipursuant to the square footaee ofthe largest structure Increases in square ootaee will result with an increase in storage capacity minimums The purpose of this water supply is to quickly setup initial fire attack and buy time until a secondary water supply through water hauling operations is established. These operations involve equipment and personnel from the Basalt, Carbondale and Aspen fire districts. The initial water supply is used for manual fire suppression and to support sprinkler systems for buildings that will be on-site. This supply is also a backup should the sprinkler system be disabled during repairs or other reasons. 3) Sprinkler Systems: All buildings shall fie sprinklered with an approved automatic sprinkler system These sprinkler systems will need to be supplied by stored water having a minimum capacit~of the sprinkler demand times 30 mimrtes. In order to comply with Section 503 of the International Fire Code, Fire Department Apparatus Access, Exception 2 applies because the roadway serving the subdivision is less than the 20 foot required width and the road condition becomes very poor in inclement weather. Sprinkler systems are essentially designed to hold a fire until responding firefighters arrive for final extinguishments. All sprinkler systems must be appropriately designed for their use and approved. Typical sprinkler system design for homes in this area follows a modified NFPA 13-D Standard. If other structures beside dwellings were allowed such as barns that are determined by the building official to not be accessory to residential use would follow a more restrictive design standard. Overall site assessment: The home site is approximately 8 miles from the Old Snowmass Fire Station. Driving time to the home site during clear weather is around 40 minutes. Response to this station is by local firefighters who would respond in an Engine and/or ambulance based on varying emergency response scenario. The next available emergency apparatus with crews is from the town of Basalt having an estimated driving time 45 minutes during good weather. Access to the site is off of Snowmass Creek Road, onto Mesa Road then towazd the Chateau Way. A sign at the beginning of Mesa Road states the following: "MESA ROAD -Very steep grades, (14% for Mesa Road), narrow with sharp turns; Travel at your own risk, 4WD drive and chains required especially for heavy trucks and/or trailers." The road surface especially Chateau Way and the driveway are impacted by water during the wet season creating difficult rutted driving conditions. There are two water storage tanks located at the opposite side of the subdivision on Shield -O road. Each of these tanks is approximately three miles from the property at their respective shortest access points. These tanks primarily service the nearby homes within those areas. The tightness of a switchback located at Shield-O and Blue Tango renders tender shuttle operations, (water hauling operation), unsafe and ineffective from the top of the mesa between the home site and the tank location especially during inclement weather. The lower tank at the intersection of Shield-O and Snowmass Creek Road can be of use during an emergency event by driving up and down Mesa Road. A neighbor on the far side of the Mesa top has installed a 20,000 gallon tank and has offered its use for community fire protection. This does have some improved advantages over the other two tanks. Z The fire department could not effectively and safely manage sustained water-hauling operations to this site in the event of fire. The fire department does currently have and will acquire other engines with four-wheel drive capabilities that carry 500 gallons of water. These engines would require onsite supplemental water to initiate structural fire attack and exposure protection from a wildfire event. Insurance companies in determining the level of fire protection toward coverage and premiums ofren query the fire department about this subdivision. One of these companies requests us to conduct preplans and determine fire protection upgrades of existing properties toward their coverage policies. These upgrades can be in excess of what I mentioned within this letter. The applicant may want to contact their insurance agent regarding policies in wildfire areas. Applicable Codes and Standards: The Basalt & Rural fire district has adopted the 2003 International Fire Code. Two important sections pertaining to the site issues are: • Section 503 -Fire Department Access. This section stipulates access requirements for the maneuvering of fire apparatus. Section 508 -Water Supplies. This section stipulates types of water supply and guides the fire department in setting the requirements for fire flow. The appropriate standard for the Cader property to determine that requirement is Standard 1142, Water Supplies for ... Rural Fire fighting. o NFPA Standard 1 142, Water Supplies for ... Rural Fire Fighting, in scope essentially identify minimum requirements for water supply and distribution for structural firefighting purposes in those areas where conventional water supplies do not exist. The stipulated water supply would be for the initial attack until other responding units as required set up secondary water supply. The amount of water stipulated in the above recommendation is based on the building being sprinklered. This standard also provides design specifications for dry hydrant tank systems. Three key concerns toward this property is the difficulty of access, especially in inclement weather, limited water supply and defensible space mitigation. By following the above requirements and Mr. Urbina's defensible space guidelines the safety of the property would be increased. If I can be of further assistance please feel free to call me. Sincerely, Sevt Vie E-Mail Bill Harding, Fire Marshal Cc: Scott Thompson, Fire Chief Jerry Peetz, Operations Director Brian Benton, Assist. Fire Marshal Catherine Berg, Pitkin County Engineer Tony Fusaro, Chief Building Official Brian Pawl, Plans Examiner Glen Horn, Land Planner/Davis Horn Inc. 3 MEMORANDUM TO: Mike Kraemer, Community Development Department FROM: Cindy Christensen, Housing Office DATE: October 8, 2008 RE: CHATEAU SNOWMASS LLC SPECIAL REVIEW FOR A CDU Pazcel ID No. 2645-153-00-018; P105-08 ISSUE: The applicant is seeking approval to develop a cazetaker dwelling unit. CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), CDU as Permitted Accessory Use, in the RS-160, RS-35, RS-30, RS-20, AR-10, AR-2, R-30, RO15, R-15A and R-6 zone districts one CDU shall be a pernutted accessory use provided that: L It is attached to asingle-family home (the principal dwelling). 2. The cazetaker dwelling unit shall not exceed 1000 net livable square feet on lots or pazcels that are 30,000 square feet or greater in lot area, and 700 net livable squaze feet on lots or parcels that aze less than 30,000 square feet in lot azea. 3. The floor area of the cazetaker unit shall be included in the total allowed floor azea for the lot or parcel of land. 4. One off-street pazking space shall be provided for each caretaker dwelling unit 5. The applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit: a. shall not be required to be rented; b. not be sold or otherwise conveyed or separated from the original pazcel regardless of the ultimate form of ownership of the cazetaker unit; c. be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established, or by members of the owner's immediate family even though they may not qualify as employees of the community; d. shall be rented for terms no less than six months if rented. 6. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. C O~ The provisions of this regulation aze for the purpose of providing a voluntary caretaker dwelling unit on a legally created lot or pazcel in the County. Any unit approved under this provision shall not be used for mitigation of employee housing requirements as established elsewhere in the Land Use Code. Section 4-30-50(e)(2), states that a CDU located n the LIR-35, VR, B-2, VC, P-I or T zone districts, or located on a lot or parcel that does not meet the minimum lot azea requirements for each dwelling unit in the zone district, or is detached from the principal single-family dwelling on the lot or pazcel requires the approval go through a Special Review, but is still required to meet the requirements of (1) 1-7 stated above. RECOMMENDATION: Staff recommends approval of this request under the following conditions: 1. Conditions 1 through 6 stated above aze met. 2. The kitchen contains at a minimum a two-burner stove with oven, standazd sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. 3. A deed restriction shall be recorded prior to issuance of a building permit. 4. Floor plans of the CDU shall be provided to the Housing Office prior to building permit approval. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an inspection of the unit for compliance. Z ~: County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 2-20-100 r'~ I, ~ l l ~ V 1 `J ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property a~1 acent to the subject property, as indicated on the attached list, on . ' _ '~?~ ~ ". ~, 2008 (whiclis 15 days prior to the deadline of ;. 2008). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a stgn m a conspicuous place on the subject property (as it could be seen from the nearest public way) on the ~ ~~?~, 2008, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. ~~~ 2C~1~ SnC~~.J~k255 ~-~- ~~~( lc-2 Applicant's name Signature (Attach photograph here) JANET LYNN RACZAK My Commissron of I~ Sig ed before me this I day ofj ~Ar 200~by F~~iGt.~.`ivis WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~(/~0 -2~{ -ZOi2 J~t;T ~-NAln1 f~AG Notary Public r, Not r`~' Public's Signature G:\county\admin\fonns?e~dsvitfor Acttuity EnvetOpe/Sde P1an1Caretaker Dwelling ttnk l~z I~'1~ ~ h~i'r ~ ~L ~F ,.1 e•. a^. r t, i ~ ~pp~ I I I IY .' 11~ i t < 4i'~ ~ a3 ~ ?D.42 ~n c ,iii „ -- ^~ t:?.70 o ie„ ,v , , ~ ~ ~ ... -. o r_~~ o _;, ,~, o 3.' _2p Re:.o;,;~. ~ c ~ ~ , E ...... . ~ ro~3, ~,;~e ,., - -`5.32 C!Y ~ ~ ~ ~ ~i sir i3- L c,-~, o s~tn~;,'a~ ~ 1 ( ~~ ~~~~//// ~ or P09oti NO ,,. ~. li l~Cl ( 6~ ~ Cdy>isfe Z~ ~~: ~G~c~' '' h~l `C ~~ ~~~ ~ 7 ~~n a m ti a S N 0 0 O N M1 O O it _ SNUNNR_SS CO 9111,54__ ..__ Poala<. $ ._. .. ~~~ C3rotief FC ~7 ReWrn Hereipt Fr.' R uire ii $? eq (Entlorsement i _ + _ Re:arictetl Ctelmery F. ~.: '~ ' ~~/p~ :1; __ (EIItlOBelOellt RF:QWR _ ~V U Vp~ V"~/~ J Total Postage R Fees ., ~~j,~ __ .. rr~_ `__ 5~, P~C`~QC()L i (BLS II4Y~ O~ S }Q f~( ifieet, APt~ N° I ~ I D I Z ~ ' "- ~'l~~ ` vPO box NO. ~n,n ,,~,~y / ~~Iq.SU' ."M, Stele, ZIF-a ~ ~ I Fv U~I F H,S S F `'D ro ~~L'~'irV t • W it~~~ ~ E1I - • .. • . . . ru I~~1g@li~; ;1'f; f !!li ~ cn siai '" ~ ' .~ ---- - -. ~ ,". 11.42 ~ ~- ~ (Entlcr.emn Ran i4t PCC '_.. i.•.~~ ~' _`:~o~, ~ em Ro auntli Pos~l~l~~~~ O (Entlorsemem RO ~ulrc tl) i` 0~ m I_-- - ~~'i,00 G B ..o - ' J, ~ ibtal Postage 8 f erp ~/ 1 i s.+'"f M1 Sent ~o ~- Q Sfrtie+, Apr. No._.. PV ~~~'. ,~ :~~VV.! M1. or F'O &m NO ~n Oity 6iete, ZlP+4 ~~~~11°_d~ ~y ~~~~~ 6arixr~ +~ ~ ~~9~ ~ ' T ~~ ~b ~, Q~„co'~' ~ °' .. . _ . ~ ~~Hry ' I I ;Ih ~fl ~ L J •Y: b ~ t ~ ,~ si~o~atrss co e;~:sa ,~ Osnn AS o fiJ p ¢ t;_.'70 _ , 1 F p O . HcNm Fe: cl n = _. (Ftttlu~seaiem F!c cd. ~ _) ~ Rio bi R ~ stmark ~. %~ n ~ ~ e~.~ r' ~ p est :d vJ pnl I :., -- (E ntlcs nentR ! „ 00 ~~: W~ V -. ~.i ~ ~ ~ ti ` _ rota r'uscn~ex ~~ ___ ~3 o~i V~ O ` a M1 _,. ent 70 --' $i e p r ei, ApG No ~ ~y~ ll 04 J L M1 ar Pp box Nn. • ~., ~.r~l: L C%ty Sf2fz, ZIF ~I~J~~I; Yr~({.G~eJt //r1 p/~r~ ~ Complete items t, 2, and 3. item 4 ii Restricted Aiso complete ^ Print your name Delivery is desired. so that we and address on the reverse ^ Attach this cardrt turn the card to you or on the o the back of the mailpiece, front if space permRs. t~ Article Addressed to: TROUTM,gN SANINE PO BOX 1 1706 ASPEN, CO g 161, 264515400020 2• Article Numbsr A Signature X ~~ ~t ^ Agent 6. Received by (Punted N Adtlresses ~ ~ ~ Da of Delivery D. Is delivery atltlrass di ft~r 1~ It YES, enter delive v tt~ ~j Y °w U / ~~~ s. serY;~ rrpe PS CertHied Mall ^ Express Mall ~ Registered ^ Return Receipt for Memnandise ^ Insured Mall ^ C.O.D. 4• ResMc[ed Deliver}? (~y~ Fee) __._„~,•,~mce /abelJ '7207 17 Yes PS FOnn 3811, Februa 2680 Op02 5841 23p9 N 2004 Domestic R eturn Receipt ^ Complete Rams i, 2, and 3. Also, complete item 4 if Festdcted Delivery Is desired, • Print your name and address on the reverse so that we can return the card to you. ~ Attach this card to the back o/ the mailpiece, or on the front if space permits. 7. Article Addressed to: MAN f3AR[3ARA & LEONARD 7E RD NCOVE.NY 11542 15300020 C ~C~1'e C.t v~ 2. Article Number ~ren~ fmm seMce raberj PS Form 3$~ ~, February pppq 7pO7 2680 0002 5841 2286 Domestic Return Receipt A. r by ^ Agent D. dive ~ ~~ ry address tlifrerent fmm item 11 yes If YES, enter delivery adtlress below: ^ No 3. service rype ® Certified Mall ^ impress Ma11 ^ Registeretl ^ Retum Receipt for Merchandise ^ Insuretl Mail ^ C.O.D. 4. Restricted Delivery? (Erma Fee) ^ Yes ^ Complete items 1, 2, and 3. Also complete Item 4 If Restdcted Delivery Is de5lred. ^ Print yqur narrle and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the frontIf space permits. 1. Article Addressed to: A X ^ Agent B. RecelJ§Q~/(Pr(nted Name) C. Date f I - C~~/ D. Is delivery atldress different from kem 19 ee If YES, enter delivery address bebw: ^ No OHNS DANIEL C & HEIDI WIRTH 1/3 I 'O BOX 594 3NOWMASS, CO 81654 !64515300019 3. Service Type I~CertlFled Mall ^ Express Mail ~ Registered ^ Retum Receipt for Merchantllse ^ Insured Mall ^ C.O.D. a. Res[dcted Delivey7 (Fxva creel ^ ves 2. Article Numher (rransrar from service feaelJ 7007 2680 0022 5841 2279 PS Form 3811, February 2004 Domestic Re`t`ur'n Receipt "-- to25e5-oz-M-[5ao ~ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ soitha~t wename antl address on the reverse ^ Attach this Ca tlrritUrn the card to you or on the front ifs the back of the mailpiece, pace permits. t. Article Adtlressed to: JOHNSTON MARY C REV TRST 25 COLT LN GLADSTONE, NJ 0793q 264522101001 2. Art~le Number A Signatu/~g/~~ / X /i'9 O Agam S. Recelvetl b p l] Addressee y ( Nn~tl Nom) C. Date of Delivery D. Is delivery address tllfferent fro It YES, enter delive addressm kem t9 ~ Ye, ~' below: ^ No 3. Service TYPe Z~ Certified Ma11 ~ Fxpreys Mail ^ Registered ^ Retum Recel t for M ^ Insured Mall ^ C.O.D. p erchandise 4. Restricted Delivery! (Fxrya Fee) ^ Yes PS Form 3811,Februa ~ 7p~7 2680 ~pp2 5841 2323 ~~ ry 2004 Domestic Ret - WrtAecaipt ~ DbmPlete items Y, item 4 it-Resddctetl Delive S' Also'completa ^ Print your name an n' Is desired. so that we can retud address on the reverse • Attach this card to m the card or on the t'r s the back of the ou. ont if pace mailpleoe, t ~ Article Permits. Atldressed to: RENEDICTS MONgSTERY MONATERY RD 'wMgss. co s16s4 7530001 2 Article Number PS Form 381 y-~~~ ebruary 2004 A Signature X . Recely ~ Agent ad by ra~_. f7 n.~ ~~ ~ Q. Dale o/ q IS tlelivery+~tlress oifferent lp I! YES, enter oellvery adtlress m Rem t P ~ Yes r. ` below: ^ No ~2 3• Service Type ® Certlfietl Mall ~ ~ Registered ~~ Mall ^ Insured Mall ~ Return Recalpt for Memh q. ResMcted Del ~ C.O.D. a~lse Iver)'~ (Exha Feel 7007 268^ 0002 Yes Domestic Retum 5841 2316 Receipt ,., w - ~~- a ~~o= • r w u- - ~~N _ .z i ~_ a ~ {~,~ cn ¢~LL •N - ___-_ - __ N ~ ~~ Q ~ WV I O _i ~ G ~\ N 7 fL O O 0 0 m .~ N - rv ~~, o M1 '' ~,. ~.. ,;;~ ('i ~l{) 't r~" ~.i~ti ~.r.~' iy 1 i~l r(4; ;.~ 4 ,:;~., ~~~1) ~.~.e ,~~~:1 ~~ ~r~ _. ~ G-~ ,, ~ ~,:. , ~ .d ~+ ~ _.z X1;0 .~ ~•_4 4i ~ ~~ J r 1 v ~ C ~C~Oti W ~ ~ _~~~'~ ~~~ ~~~~~ o~ N e' W i~: '~ ~~` y ,~. O° v ~~ !`~~ I. PITKIN C~TY COMMUNITY DEVELO~ENT Permit Receipt RECEIPT NUMBER 00026601 Name: CHATEAU SNOWMASS, LLC Date:9/3/2008 Project Address: NO ADDRESS ASSIGNED Type: check # 1009 Permit Number Fee Description 0105.2008.PLAN PP- Flat Fee 0105.2008.PLAN PP-Clerk Tech Fee 0105.2008.PLAN PP- Public Notice Fee 0105.2008.PLAN PP- Housing Referral Fee Total: Amount 3,243.00 25.00 54.00 179 00 3, 501.00 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER