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pitkin.planning.246510400002, 246510400003 (3)
DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plain Miscellaneous Plat(s) Parcel ID: 2465-10-4-00-002 Application Date: 9/4/08 Case No: P106-08 Description: Planner: Suzanne Wolff # Copies: 2 Allocated Hours: 5 Over Hours: 6 Project Address: 3004 EMMA RD, BASALT, CO 81621 Property Owner: SW ENTERPRISES, LLC Owner's REP: DOUG PRATTE REP's Email: Address: 124'fOTTERDOWN RD Owner Phone: ASPEN. CO 81611 Address: PO BOX 107 REP's Phone: BASALT, CO 81621 Referrals: ALL OTHER REFERRALS Comments Due Date: Meetings: 7st Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: Meeting Notes: Other Referrals: Emma Caucus 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: P&c: Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: Withdrawn 12/16I08//bj Refunded $906 Flat Fee Application Type: Site Plan Parcel ID: 2465-10-4-00-003 Application Date: 9/4/08 Case No: P108-08 Planner: Suzanne Wolff Description: Emma Farms LLC Site Plan Review//Case withdrawn Iby applicant, partial fees refunded 12/16I08ap # Copies: 2 Allocated Hours: 5 Over Hours: 6 Project Address: 3004 EMMA RD, BASALT, CO 81621 Property Owner: SW ENTERPRISES, LLC Address: 124 "rOTTERDOWN RD Owner's REP: DOUG PRATTE REP's Email: Referrals: ALL OTHER REFERRALS Comments Due Date: ASPLN, CO 81611 Address: PO E30X 107 BASALT, CO 81621 Other Referraals: Emma Caucus Owner Phone: REP's Phone: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P&PZ. Determination #: BOCC Ordinance #: H0 Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: Withdrawn 1 211 6/0 8/Ibj Refunded $906 Flat Fee Application Type: Site Plan EMMA FARMS PITKIN COUNTY, COLORADO PARCEL IDENTIFICATION NUMBERS 246510400002 246510400003 application for: Hay Barn Site Plan and Activity Envelope Review prepared 9/3/08 for: EMMA FARMS, LLC 0124 TOTTERDOWN ST ASPEN, CO. 81611 (970)920-4079 phone (970)920-3263 fax swaldeck@aol.com prepared by: THE LAND STUDIO, INC. 1002 LAUREN LANE P.O. BOX 107 BASALT, CO 81621 (970)927-3690 phone (970) 927-4261 fax landstudio2 @ comcast.net DOf)tl~l o..~ Ernma Farnas Hay Barn Site Plan mid Activity Envelope Review Table of Contents A. Letter of Request for Emma Farms Hay Barn Site Plan and Activity Envelope Review B. Pitkin County Pre-Application Conference Summary C. Authorization Letter From the Owners of the Property D. Signed Agreement for Payment Form E. Updated Neighboring Property Owner List F. Property Description G. Site Plan with Activity Envelope H. Title Commitment I. Resolution No. 091-2006 The Land Studio, Inc. ~~~~~u~ Emma Farms Hav Barra Site Plan acid Activity Envelope Review A. Letter of Request for Emma Farms Hay Barn Site Plan and Activity Envelope Review The Gand Studio, Inc. oonoe~ ~. t, ". ~ THE LANDSTUD 0 INC, landscape architecture land planning community planning 1002 Lauren Lane • P.O. Box 107 • Basalt, CO • Tel 970 927 3690 • Fax 970 927 4261• landstudio2(Dcomcast.net September 3, 2008 Suzanne Wolff Pitkin County Community Development Office 130 South Galena, Third Floor Aspen, CO 81611 Re: Letter of Request for Emma Farms Hay Barn Site Plan and Activity Envelope Review Dear Suzanne: Emma Farms, LLC requests Site Plan Review approval to construct a new hay barn, including the designation of an Activity Envelope around the existing structures in and around the ranch yard. A building envelope was approved in this location pursuant to BOCC Resolution No. 091-2006, however, the 1041 site plan for that approval has not been recorded. This application seeks approval of the Emma Farms Hay Barn Site Plan and Activity Envelope so that the Activity Envelope can be recorded prior to construction of the new hay barn. The following Pitkin County Land Use Code Sections have been addressed as a part of this application: Land Use Policies Emma Farms, LLC has utilized Pitkin County's land use policies to serve as the basic guidelines for the formulation of the Emma Farms Hay Barn Site Plan and Activity Envelope. Activity Envelope and Site Plan Criteria for Approval The Emma Farms Hay Barn Site Plan and Activity Envelope complies with all applicable provisions of the Land Use Code including Pitkin County Land Use Policies, and is consistent with prior approvals for the property. Activity Envelope and Site Plan The Emma Farms Hay Barn and Activity Envelope avoid steep and potentially unstable slopes, water courses, drainage channels, areas subject to erosion, Floodplain hazard areas, geological hazard areas, severe or low to moderate wildfire hazard areas, wildlife habitat areas, river and stream corridors and wetlands, irrigated lands for food or crop The Land Studio, Inc. .,,. production, historic preservation areas, and archeological resource areas. The activity envelope encompasses an area around the existing residential and agricultural structures at Emma Farms. The location of the Emma Farms Hay Barn is within this Activity Envelope in the context of other existing agricultural structures. All disturbance related to the construction of the Hay Barn will occur within the Activity Envelope and Access Easement. Site Preparation and Grading Grading and filling on the site shall take place only within the defined Activity Envelope and Access Easement. All grading and fill placement has been indicated on the Site Plan. All clearing and grubbing for the Hay Barn will occur within the activity envelope. No trees will be removed. There will be no disturbance to natural terrain, stream vegetation, and other natural features of the landscape as the Hay Barn is being constructed in an area occupied by adjoining agricultural structures. Steep and Potentially Unstable Slopes Slopes have been delineated within the Activity Envelope with a (1) foot contour interval. There are small amounts of 15%-30% slopes that occur within the activity envelope due to man-made grading for adjacent agricultural structures. These are illustrated on the Site Plan. The Hay Barn does not disturb steep areas as the slopes impacted by proposed grading are all less than 15%. Water Courses and Drainage The Hay Barn development activities provide for the maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of the area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or stormwater runoff. The site plan illustrates adequate drainage for all low points. There are no adjacent streams that will be affected by runoff. Wildfire Hazard As a general guideline the site has a low wildfire hazard as it is comprised of slopes of zero to fifteen (0-15) percent with discontinuous fuels. The area around the Hay Barn does not contain continuous fuels that will promote a wildfire. The applicant will utilize the Standards Applicable to All Wildfire Hazard Areas for development of the Hay Barn. Wildlife Habitat There are no ecologically significant wildlife areas in proximity to the Hay Barn where activities or structures will interfere with important wildlife functions and activities. Scenic View Protection The closest designated scenic corridor is the Pitkin County portion of Highway 82. The site is 1.15 miles away from Highway 82. The proposed Hay Barn is located in the midst of other agricultural buildings on the valley floor that cannot be seen from Highway 82 at the Pitkin/Eagle County line. The Land Studio, Inc. OOt~~?n~ Landscaping and Vegetation Protection There is little vegetation in the area surrounding the Hay Barn but pasture grasses dominate the vegetation that is nearby. As a result, disturbed areas will be reseeded with a dry pasture mix available at places such as the Carbondale Co-op. Roads, Driveways and Parking Because the proposed Hay Barn is located within the existing agricultural building compound at Emma Farms, the existing access driveway and parking areas that have traditionally served the agricultural operations on the property will serve the Hay Barn. As illustrated in the Site Plan, there is access to the west side of the Hay Barn by a 50' access easement and to the north side of the Hay Barn from a drive between the hay Barn and the Dairy Barn. Emergency vehicles will be provided access to within 150' of all sides of the Hay Barn. Public Services and Utilities No utilities will be required at the new Hay Barn. Note that included in the Emma Farms Hay Barn Site Plan and Activity Envelope package, is the Pitkin County Pre-Application Conference Summary, the authorization letter from the owners of the property, a signed Agreement for Payment form, the neighboring property owner list, an updated property description, the Site Plan with the Activity Envelope, the Title Commitment, and a copy of Resolution No. 091-2006 granting previous approvals. A check for $1,234.00 made payable to the Pitkin County Treasurer has also been included with this application. Please let me know if this meets your needs for review of the application and we look forward to working with you on this project. Best regards, Th By The Land Studio, Inc. Erruna Farms Hay Burn Site Plan and Activity Envelope Review B. Pitkin County Pre-Application Conference Summary The Land Studio, Inc. ~Ott~'~ ~ PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 DATE: 6/25/08 E-MAIL: suzannewta7co.oitkin.co.us LOCATION: 3004/3006 Emma Road, at the corner of Hook's Lane and Emma Road PARCEL ID #: 264510400002/264510400003 ZONE: AR-10 SIZE: ?? acres OWNER: SW Enterprises LLC and Conrad & Lavinia Cerise REPRESENTATIVE: Doug Pratte PHONE: 927-3690 EMAIL: landstudio2@comcast. net Type of Application: Site Plan Review Description of Project/Development: Applicant requests Site Plan Review approval to construct a new hay barn, including designation of an Activity Envelope around the existing structures in and around the ranch yard. A building envelope was approved in this location pursuant to BOCC Resolution No. 091-2006, however, the 1041 site plan for that approval has not been finalized or recorded. Land Use Code Sections to be addressed in letter of request (aaplicationl• - 1-60, Land Use Policies - 2-30-20(g): Activity Envelope and Site Plan Criteria for Approval - 7-10-50: Activity Envelope and Site Plan - 7-20-10: Site Preparation and Grading - 7-20-20: Steep and Potentially Unstable Slopes - 7-20-30: Water Courses and Drainage - 7-20-60: Wildfire Hazard - 7-20-70: Wildlife Hak~itat Y 7-20-120: Scenic View Protection - 7-20-130: Landscaping and Vegetation Protection - 7-30: Roads, Driveways and Parking - 7-50: Public Services and Utilities Staff will refer the application to the following agencies: Emma Caucus Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. 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(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (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 was postmarked to submit comments or objections to the Community Development Department. ~~~~~~~ FEES: $1,234 (make check payable to "Pitkin County Treasurer") • $1,155 Planning Office flat fee (non-refundable; based on 5 hours of staff time; if staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $249/hour) • $54 Publication Fee • $25 Clerk Technology Fee To apply, submit 2 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Technical Reports as designated in Section 2.1.12 of the Application Manual (as applicable) 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual (unless structure is not visible from Emma Road) 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners ofhe property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address and parcel description, including legal description, and 81/2"x 11"vicinity map locating the subject property within Pitkin County; 7. Proof of adequate legal access to the property (1 copy of all documents); 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy -form attached); 9. List of adjacent property owners and mineral estate owners (1 copy); and 10. This Pre-Application Conference Summary Sheet. NOTES: Y PLEASE SUBMIT ONE UNBOUND AND ONESIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. Y ALL MAPS SHALL BE FOLDED. One copy ofsubmittal materials shall have all documents in format no larger than 81/2" by 11 ". - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. OOUQQ9 Emma Farnis Hay Barn Site Plan and Activity Envelope Review C. Authorization Letter from the Owners of the Property The Land Studio, Inc. ~U~Q1o September 3, 2008 Suzanne Wolff Pitkin County Community Development Department 130 S. Galena Street Aspen, Colorado 81611 RE: Emma Farms Letter of Authorization I hereby authorize Doug Pratte and/or Julie Pratte of The Land Studio to represent me with respect to the Development application being submitted to your office. Doug and/or Julie are also authorized to represent me in meetings with Pitkin County Staff, the Pitkin County Planning Commission and the Pitkjn County Board of County Commissioners. Farms, LLC by Tom Waldeck Sf.~,t,,,~ -'I.vl Gv~filil~ SW Enterprises, LLC by Steven Waldeck ~~,L/ ~/' Conrad B. Cerise Lavania Cerise 00{)J1~, Enurza /%arrru Hay Barn Site Plan and Activity Envelope Review D. Signed Agreement for Payment Form The Land Studio, Irzc. ooa;~l? PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and ~(/VIGj ~~j~Gj LAG (hereinafter APPLICANT) AGREE AS FOLLOWS: /, ~~~. APPLIC~4~T has su mttte to C UNTY an application forte( ~~(~I `/~"f~~`_-r~~L.lif1 C~yyt~G/l C--rl\/I~~IL~~(hereinafter, THE P{~OJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 008-2008 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications sh91 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 de ermination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on f~ 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 APPLICANT ~M i L Pr Na e Si nature Date: 9-2 - D 8" Mailing Address: ~i~ ~~~a,Ly S~ -~S>f1F'~ ~a~-~16/l Effective 4/9/08 G:county\admin\forms\agreement to pay ®U~;~J1~ Enana Farms Hav Barn Site Plan and Activity Ezzvelope Review E. Updated Neighboring Property Owner List The Land Studio, Inc. ~Qt~~T~Y Emma Farms Neighboring Property Owners 7/09/08 8054569 Eagle Co. MAGUIRE, PAMELA MITCHELL PO BOX 4410 BASALT, CO 81621 8029816 Eagle Co. KRISTIN ELIZABETH McMILLIAN 2004 TRUST 5646 MILTON ST. STE 800 DALLAS, TX 75206 8027231 Eagle Co. KLEES, KRISTA D. & PAUL D. 0250 HOOKS LN BASALT, CO 81621 8012905 Pitkin Co. PARKER JUNIPER LLLP 2956 EMMA RD #1 BASALT, CO 81621 8039649 UNITED STATES OF AMERICA % BLM 50629 HWY 24 GLENWOOD SPRINGS, CO 81601 8027160 Eagle Co. GLASSIER, FRED L. - FREDA L. GLASSIER FAMILY LLLP 543 HOOKS SPUR RD BASALT, CO 81621 8051386 Eagle Co. 1/2 AS RANCH HOLDINGS LLC PO BOX 9802 ASPEN, CO 81612 8007182 Pitkin Co. RATHER DARWIN RAY & MAXINE J 2707 EMMA RD BASALT, CO 81621 8013884 Pitkin Co. PARKER SAGE LLLP 2956 A EMMA RD BASALT, CO 81621 8013535 Pitkin Co. PARKER VIRGINIA JONES 2956 EMMA RD BASALT, CO 81621 OOQ4~15 Emma Farms Hay Barn Site Plan artd Activity E~avelope Review F. Property Description The Gand Studio, Iuc. fli~~~'~16 EXHIBIT .\ LEGEND \ \ " S6 \ 2 #5 Rebar ¢nd 1-% Plastic Cap Qi \ O ~ LS No. 36572 in Place I R g° ~ E \ \ So \r\`9 12S ' ~rE. JJ g 50.0 Easement #3 `S ~`Rh 9~ Utilify, Landscape ~ e ~ Access for LOts2&3 \ T \ S C " ' y ALE: 1 = 300 \ 20.0' frrigaflon Ditch Easement ~ ~ V ~ \ \ ~ g \ T\ \` \ \ `\ \\ ,~ \ \ ~. \ ~ \ Eag/e county Portion ~ 1 \ Open Space Place! A O° \ O \\ °o w~~ \ \ ~ \\ I ~ ~\ I ~ \ ' \ \ 55.0 Imgation Ditch Easement \ O \ ~ Hom \ S l ~ e upp y \ W \ (n tJ \ (Book 87, Page ]42-144J ~ ~ \ ~ l~ ~, tb \ \ p~ \ \ \ \ IPt 1 ~ \ \ ~ ~ Q ~ \ \ \ \ \ \ Ea le c -N 89°12'40 " E- ~ - - - - g ounty ~ \~ - - - - - ~ \ - - - - PitMn County /t - - 503.96' \ \ - - \ \ Emergency Tank ~ ~I~ ~ 50.0' \ \ Easement ~ ` _ Utili \ ~ ~ - ~ a p f ty, Landsmpe \ Reception No. ' ~ ~ ' ' ~ ~ I ~ 30.0 Emergency \ ~ & Access for \ ~ 546150 Lots 1 ~ Access Easement 4 ar~d 5 \,~ W N J N , \\ w " for Lots 1, 4 and 5 \Reception No. 547233 ~ \ \ I : I \ \ \ ~ Reception No. 546150 ~ ~ \ \ , y _ _ _ _ _ _ ~ ~ Emma Farms Lane i ~ \ S 89°04'32" W ]35731 S 88°$T$0" W Angle Point 3 Tract 64 ~ AP 4 Tract 57 2-1/2' GLO Brass Cap 3-1/4"Aluminum Cap 232.09' LS No. 3/ ]43 PROPERTYDESCRIPTION A PARCEL OF LAND SITUATE IN TRACT 57, TOWNSHIP 8 SOUTH, RANGE 87 WEST OFTHE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ANGLE POINT 4 OF SAID TRACT 57, AN ALUMINUM CAP, LS NO. 31143IN PLACE; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT S89°04'32"W 13SZ3I FEET TO ANGLE POINT 3 OFTRACT 64, A CLO BRAS5 CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S88°5750"W 232.09 FEET,' THENCE DEPARTING SAID SOUTHERLY LINE N00°54'19"W 2185.64 FEET,' THENCE S62°01'49"E 7259.59 FEET,' THENCE S00°00'00"W 1093.18 FEET,' THENCE N89°12'40°E 503.96 FEET,' THENCE SOO°52'2] "E 482.33 FEET 7b THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 52.804 ACRES MORE OR LESS. ~7 ~ ~. ,d+ '~ ~ c% ~. M.'. .y' qr R~,~.lt taxa~.j` DATE: JULY 21, 2008 ~) '"1 `'~"`'fir CAI JOB NO: 05035.07 LOT 7 ~~~~.~~ E~nnaa Farnas Hay Barrz Site Plan attd Activity Erzvelope Review G. Site Plan with Activity Envelope The Land Studio, Lnc. 0®~~Q~~ I I I I i~ ,, a / I ~, jl ~!w I ` .' 1 % i ~; , ~aY' li ~ ' ~; I / I- r . ~~~ ~. „~ ,/ 1 / I y i~ ~ N n w / I D Q i I;` ;. I I m I J I / J JI o I', 1 I/ /' / ~~,, ~ , ;' `~: f i /~~ -s-?-~ ~~/, j i ;; /~f '~ iii'' ~ ~J/I ~l i / ~ m° ~ ~ ~ i ~,~ l~~~j'lsts. ~ J. /~~ w ~c `~ ~a /~~ ~'j ~ / %,/ j~ i j ; ", ~ ~~ , i~ / S % ~ ~' / /.X .. 1;~" - /, 0 J:1 !1 ~ i~ l g I~ J r )pj Oi / / e J J (j~`z_ Z ~F r -l/ o l l~ ~ ~ /l i \ fn ` I > Q \ ,. a ~/ ~-~,o~J J ~ , ~ %' _ -°E i I 'its-' Ali L~ ~ ~ Q O o ~ o ~U W ~o •~ C U Y Q a .~ - 7'C"i CCS c~ o ~~ w Emma Farms Hav Barn Site Plan and Ac•tiviry Envelope Review H. Title Commitment The Laud Studio, Iru•. r: ~ '' J vUu~v American Land Title Association Commitment - 1982 TITLE INSURANCE COMMITMENT BY ~_stewart. title guaranty company Order Number: 7038958A We agree to issue policy to you according ro the tem¢ of the Commitment. When we show the policy amount find your name as the proposed insured in Schedule A, this Commitrnent becomes effective as of the Commitment Date shown in SchcdWe A. If the Requirements shown in this Commitment have not been met within six months eRer the Commitment Date, our obligation under this Cormrdtment will end. Also, our obligaion under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions m Schedule B-Il. The Conditions on Page 2. This Comnutment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTNER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH 4 OF THE CONDITIONS. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be herelmto atFxed by ifs duly authorized oficers on the date shown in Schedule A. ~Jl~ar l ~. v~e~d~b ca..vw !. I41 ~/ ti 0 ~ a c..,~... .. ~~ ~ 7 i {i a.e tsss +e rn.f...v :;` ~£i1s Countersigned: '. / orizad Countenigneture Stewat fide of Colorado -Vail Division 97 Main SL, Suitc W-201 Edwwxis, CO 8!632 Order Number: 7038958A Pa c 1 of3 Commim¢nt- 235 W/O Disclosure ®~)~~1 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title -according to the state statutes where your land is located. 2. LATER DEFECIS The Exceptions in Schedule B -Section Il may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS [f any defects, liens or encumbrances existing at Commitment Date aze not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you lmew of this information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy refered to in this Commitmrnt when you have met its Requiremrnts. If we have any liability to you for any loss you incur because of an eror in this Commitment, our liability will be limited to your actual loss caused by your relying on this Comrttitment when you acted in good faith to: Comply with the Requirements shown in Schedule B -Section I. or Eliminate with our written consent any Exceptions shown in Schedule B -Section B. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THiS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning [he title to the land must be based on this Commitment and is subject to its terms. Order Number: 7038938A B elof2 COmmitmrnt 2J5 W/O misclasurc ®OJu'?~ COMMITMENT FOR TITLE INSURANCE SCHEDULE A I. Effective Date: July 17, 2008 a[ 8:00 a.m. Order No.: 7038958A 2. Policy or Policies To Be Issued: Amougt o[Insuragce (a) A.L.T.A. Owger's (b) A.L.T.A. Loan 3. The estate or Interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: EMMA FARMS LLC, A COLORADO LIMTTED LIABILITY COMPANY and SW ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The lagd referred to in this Commitment is described as follows: See Attached Legal Description STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued: PREMIUMS: TO BE DETERMINED Commitment-Schedule A Pege I of T (Il!l ® 19 J ..: EXHIBIT "A" Lots 1, 2, 3, 4 and 5, Open Space Parcel A and Open Space Parcel B, FINAL PLATEMMAFARMS According to the plat recorded January 11, 2008 as Reception No. 200800849 COUNTY OF EAGLE Commitment- Scficdule A Page 2 of 2 00()Oi~ COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 1 REQUIREMENTS Order Number: 7038958A The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consnderalion for [he estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the Eagle County Treasurer. 4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. 5. Requirement Deleted. (plat recorded) G. Rerecord the Conservation Easement from SW Enterprises, LLC, a Colorado Limited Liability Company and Emma Farms, LLC, a Colorado Limited Liability Company to Aspen Valley Land Trusl NOTE: Said Easement did not reference correct legal description, i[ was recorded before the plat 7. Of Emma Farms was recorded and did not reference the recording data of the plat. NOTE: Statement of Authority for Emma Farms LLC recorded January 27, 2005 as Reception No. 904518 discloses Tom Waldeck as Manager NOTE: Statement of Authority for SW Enterprises, LLC recorded March 18, 2008 as Reception No. 200805735 discloses Steven Waldeck as Manager. Convnltmen[- Schedule a 1 Page t of I Ortler Number: 7038958A 0~(){i~! COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 2 EXCEPTIONS Order Number: 7038958A 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, no[ shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in azea, encroachments, or any facts, which a correct survey and inspection of [he premises would disclose, and which aze not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter famished, imposed by laws 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 [he estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid [axes and assessments and unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservancy, fre protection, soil conservation or other district or inclusion in any water service or street improvement azea. 9. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded in Book 48 at Page 330 and Patent recorded in Book 623 a[ Page 606, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States, Eagle County records. 10. A reservation for a ditch reserved in the Warranty Deed from Clement Diemoz to Albert Thornhill recorded in Book 87 at Page l42 and in Warranty Deed from Albert Thornhill to John Vasten recorded in Book 87 at Page 144 and a reservation for a ditch reserved in the Warranty Deed ffom John Vas[en to Arthur Vasten recorded in Book 128 at Page 451, Eagle County Records and in Deeds recorded in Book 153 at Page 332; in Book 153 at Page 342 in Book 166 at Page 260, Pitkin County records. 11. A reservation of a right of way to grantor and his heirs and assigns, reserved in Warranty Deed fmm Clement Diemoz to Emanuel Letey recorded in Book 78 at Page 348, Eagle County records and in Book 153 at Page 173, Pitkin County Commimrnt-Schedule B 3 Page t of l Order Number: ]OJA45NA ®~~)~~6 12. Terms, conditions, obligations as contained in the Deeds recorded October 30, 1996 in Book 710 at Page 35 as Reception No. 606014 and in Book 710 at Page 36 as Reception No. 606015, Eagle County records. 13. Right of way for all ditches and creeks crossing over subject property. 14. All matters as shown on the Improvement Location Certificate by Lines In Space dated 10/14/04. 15. Easement for movement of cattle across subject property, as noted in Contract dated August 30, 2004 for subject property and in Deed recorded January 27, 2005 as Reception No. 904519. 16. Access, Utility and Landscape Easement Agreement recorded January 27, 2005 as Reception No. 904521. 17. Colorado State Highway Department Map recorded June 22, 2005 as Reception No. 920243. 18. Memorandum of Water Allotment Contract by Basalt Water Conservancy District recorded March 23, 2006 as Reception No. 200607290. 19. Eagle County Resolution entitled Approval of the Sketch Plan for The Emma Farms Subdivision recorded January 5, 2006 as Reception No. 200600345. 20. Eagle County Resolution entitled Approval of a Zone Change and Subdivision Preliminary Plan for the Emma Fauns Subdivision recorded October l3, 2006 as Reception No. 200628167. 21. All matters as shown on the Plat of Emma Farms recorded January I I, 2008 as Reception No. 200800849. 22. Development Agreement-Vested Rights For Emma Farms Subdivision recorded Janutary 14,2008 as Reception No. 200800941. 23. Declazation of Protective Covenants For Emma Farms recorded January 11, 2008 as Reception No. 200800850. 24. Terms and conditions contained in the Conservation Easement to Aspen Valley Land Tmst recorded January 8, 2008 as Reception No. 200800551. 25. Access Utility and Landscape Easement recorded January 11, 2008 as Reception No. 200800851. 26. Eagle County Resolution No. 2007-131, Approval of a Petition to Grant a Variance for Emma Farms recorded December 29, 2007 as Reception No. 200733616. 27. Trench, Conduit and Vault Agreement with Holy Cross Energy recorded May 22, 2008 as Reception No. 200810675. 28. Subdivision Improvements Agreement for the Emma Farms Subdivision recorded January 8, 2008 as Reception No. 200800550. Commitmem - Schedule a 2 Page 2 of 3 Ordcr Number: ]g38958A t~UJU27 Commimamt-Schedule B 2 Page J of 3 Order Number: 701tl958A ~q~)~~a COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Dale, our obligation under this Commitment will end. Also, our obligation under this Commitmem will end when the Policy is issued and [hen our obligation ro you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requiremcnts in Schedule B-I. The Exceptions in Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Section I and lI of SCHEDULE B. THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION. REPORT OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION, THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH 4 OF THE CONDITIONS. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly auNorized officers on the date shown in Schedule A. STEWART TITLE GUARANTY COMPANY ~ [(~ wt a ~ W\4,P cmixman of cne eoa ' W~A`~p1~ a:ee;ae~c `^ 1 7 0 B9~e^ co~ece.n; ~1, n }~ ~~~/fJ//J~ rFxi,+ A Dosed Counce[algna`L1Ykp6~•(~GV//q{i STEWART TITLE GF VAIL, INC. P.O. nox 3000 Vail, Colontln 81638 ®©x)029 SCHEllULE A Order Number: 04035514A-C2 1. 8ffecHve date: April 15, Y006 at 7s45 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's (standard) $ TBD Proposed Insured: (b) A. L. T.A. Loan $ Proposed Insured: (c) Leasehold $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the tae simple estate or interest in said land is at the effective date hereof vested in: CONRAD H. CHRISS AND LAVANIA CHAISE ae to Parcel A SMNA FARMB, LLC sa to Parcel B CONRAD e. CSRI9H AND LAVANIA CHRI9S ae to Percal C RORY N. CSRISH AND LIICY CSRISH ac t0 Paroel D 5. The land referred to in [his Commitment is described as follows: 9H8 ATTACAHD LEGAL DHSCRZPTION Purported Addra~ae 3009 6 300fi Bt®fA ROAD BASALT, CO STATEMF,NT OF CHARGES These charges are due and payable before a Policy can he issued. 00~1(;3Q SCHEDULE A Order Number: oao35514A-ca LEGAL DESCRIPTION PARCEL A: TONNSHIP H SOVTH, AANGH 87 NSBT OF TA8 6TH PRINCIPAL MSgIDIAN: Section 10: Lot 17 Section 11: Lot 13 88etion 14: Lot 9 Section 15: Lot 1 BRCHPTING, FAON said Lote 13 nad 17, 40 acres, more of lees lying Northeast of a line deeeribad ae beginning at a paint on the North line of said Lot 17 whence the Northwest cornet of enld Lot 17 benre Nea terly 2.26 chains; thence S 60°40' S 43.29 chains to a point on the Baei line of said Lot 13 whence the Northeast earner of said Lot 13 bears Northerly 21.21 chains more or lees. LH88 AND HXCXPTING THHRSFRON all that property contained Sn the Quitclaim deed from Conrad H. Ceziee and Xliznbeth Lavania Cezi ae to Red Rock Ranch Par tnezehip, recorded October 30, 1996 in Book 710 at Page 3fi ae Reception No. 606015 AND A parcel of land in the North pert of LoCe 15 and 16 of Section 10, described ae follows: Beginning at the Northeast corner of said Lot 16; thence S 1,400 feat; thence N 24° 5H' N 1,545 feat; thence H 65a Ea •t To The Point Of Beginning L83S AND BXCePTINO THHRSFRON all that property contained in the Quitclaim Deed from Conrnd H. Ceri ae and Hlizabeth LaVania Cerise to Red Rock Ranch Per tnaiehip recorded October 30, 1996 in Hook 710 at Paga 36 as Ra<ep Lion No. 606016. AND FORTHeR HXCSPTING THHASFRON nil that property contained in in the Bargain sad sale Dead recorded December 30, 2004 se Reception No. 902177 and in the Bargain end gale Deed recorded December 30, 2004 ae Reception No. 902178 and in the Narrenty Dead recorded Sanuary 27, 2005 ae Reception No. 904519. eagle County records and Sn Reception No. 505540 and Reception No. 505539 Pl tkin County records. PAACBL B: A parcel of lend eitueted in Trecta 56 and 57, Township a South, Continued on next page OOt~031 Continuation of Schedule A - Legal Deceription Order Nuaibei; 04035514A-CS Range 87 Neat of the 6th Principal Meridian, Bngle County, Colorado, being more particularly described ae follows: Beginning at Angle Point No. 3 of said Tract 57; thence N eB°45.00• B 149.16 Eeet along the Northerly boundary line of said Tract 57; thence 8 62°05'30. 8 1817.00 feet; thence 9 78°58'54" W 1861.97 feet; thence N 35°30.37^ W 1352.38 feet to a point on the Northerly boundary line of said Tract 56; thence S 88°19'00^ B 652.00 feet along the Northerly boundary line of said Tract 56 To Tha Point OE Beginning PARCEL C A parcel of land loco tad in Tract 57, ToWnehip B South, Range 87 Neai of the 6th principal Meridian, PS tkin and 8agla Counties, being more fully described ae follows: Beginning at a point oa the easterly line of said Tract 57 whence a found brass cep at angle point 3, Tract 64 bears S 62°23'53" W 1520.34 feet; thence 9 89°09'00" N 215.00 Eset; thence S 00°51'00" 8 410.00 feat; thence S 89°09.00" N 150.00 feet; thence N 00°51'00^ p 410.00 feet; thence S 89°09.00" W 1065.00 feet; thence N 00°51'00" W 1915.50 feet; thence S 62°10.29" H (record bear 8 60°40.00• &)1629.90 feat to the easterly line of Bald Tract 57; thence S 00°51'00" a along the sae terly line of acid Tract 57 a diatsnce of 633.40 feat to the point of beginning. LE 9H AND EACEIITZNO THERHPROM all the land contained in the the Bargain and sale Dead recorded December 30, 2004 es Racapticn No. 902178 and in the Narranty Deed recorded January 27, 2005 se Reception No. 904519 (Eagle County reeorda) PARCEL D: A parcel of land ei tuatad in Tract 57, Township 8 South, Range 87 Neet of the 6th Principal Meridian, 8ngle County sad Pi Gkin County, Colorado, heing more particularly described ae follows: Haginning at a point on the Masterly boundary line of aald Tract 57 whence Angle Point No. 3 of said Traci 57 baste 8 00°50.00" 8 493.24 feat; thence N 89°19'45" E 2311.03 feet; thence 5 00°50.36" B 207.33 £eet; thanca N 89°09'51• B 150.17 fast; thence N 00°52.43" w 204.93 feat; Continued oa next page 00(.}03 Continue tion of 9chadula A - Legal Deecrip Lion Order Number: 04035519A-CZ thence N BB°44.51^ S 181.91 feet; Chance N 00°51'00• w 415.99 fast; ihanca a B9°41.46• N 309.54 feet; thence N 74°53'34` N 1004.13 feet; thence 9 83°18.54• W 1374.47 fast to a point on the Nacterly boundary line of said Traet 57 to the point e£ beginning. COONTY OB pITRIN AND COANTY Op SAOLB 000033 SCEIEDULE B Section I Order NllmbeI: 04035514A-CZ REQUIREMENTS The following are the requirements to be complied witlt: 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 (h) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. TH28 CONNITNQTP I9 OON@ POA INPORNATIONAL PVRPO86H ONLY NO POLICY HILL H8 I88UED. 00034 SCHEDULE B Section 2 Order Number: D4o3ss14A-cz 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. Lasements, or claims of easements, no[ shown by the public records. 3 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspectioD of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date [he proposed insurW acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title [o water. 7. Any and all unDald Gaxee and assaeemente and unredeemed tax seise. 8. Tha effect of inclusions Sn any general or epeciESc water conservancy, fire protection, soil consazvation or other district or lncluaion in any water service or street improvement aren. 9. Reearvatione or exceptions contained in D.e. Patents, or in Aeta authorizing the Sacuance thezeef, recorded in Book 48 at Page 330 and Patent recorded in Book 623 at Paga 606, reserving 1) Rights of the proprietor of s vein or lode to extract sad remove hie ore therefrom and 2) rights of way Eor di tchea and canals cone true tad under the authority of the Oni tad State e, Sngle County rseorde. 10. A reaervntion for a ditch reserved in the warranty Deed from Clement Diemoa to Albert Thornhill recorded in Book 87 at Page 142 and in warranty Deed from Albert Thornhill to John Vasten recorded Sa Book B7 at Page 144 and a zeeerva[ion Eor n ditch reserved Sn the warranty Daed from Sohn Vasten to Arthur Vaste¢ recorded in Hook 128 at Pegs 951, Bogle County Records and in Deeds recorded in Hook 153 at Paga 332; in Book 153 at Pags 392 in Hook 166 at Page 260, Pitkin County records. 11. A racervation of s right of way to gzaator and hie heirs and assigns, reserved in warranty Daed from Clement Diemoz to Hmmuel Lstey recorded in Book 78 at Paga 348, Ragle County records sad in Book 153 at Page 173, Pi tkin County records. 12. Terms, conditions, obligations ae containsd In the Deeds recorded October 30, 1996 Sn Book 710 at Paga 75 as Rec sD tioa No. 606014 and in Hook 710 at Paga 36 ae Reception No. 60fi 015, Hagle County records. Continued on next page OOJ~l35 Continuation of schedule B - Section 1 Order Number: 04035514A-C2 13. Right of way for all ditches and creeks crossing over eubj act property. 19. All mattsra as shown on the Improvement Location Car Gificats by Lines In Space dated 10/14/04. 19. Haeement Eor arovament of cattle across subject property, ee noted in Contract dntad August 30, 2004 for subject property end 1n Deed recorded January 27, 2005 ae Reception No. 904519. 16. Accsse, Utility end Landscape Haeemen[ Agreement recorded January 17, 1005 ae Reception No. 904511. 17. Colorado State Highway Depar tenant Nap recorded June 11, 1005 se Reception No. 920143. 18. Namorandum of water Allotmani Contract by Basalt water Coaeervancy District ra corded Narch 23, 1006 as Raeap tion No. 100607190. OQ~~~036 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records' means title recods that give conswctive notice o[ matters affecting your title -according ro the state statutes where your Land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II mey be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or aetach between the Commitment Date and [he date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We have no liability to you because of this amendment. 3. EXISTING UEFECTS If any defects, liens or encumbrances existing at Commitment Dale are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you accoNing to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. I f we have any liability [o you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on [his commitment when you acted in goad faith to: Comply with [he Requirements shown in Schedule B -Section I. or Eliminate widr our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form [o be issued [o you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT. Any claim, whether or no[ based on negligence, which you tray have against us concerning the title to the land must 6c based on this Commitment and is subject ro its terms. INFORMATION The Title Insurance Commitment is a legal contract between you and the Company, I[ is issued to show the basis on which we will issue a Title Insurance Policy [o you. The Policy will insure you against certain risks [o the land title, subject to [he limitations shown in the Policy The Company will give you a sample of [he Policy form, if you ask. The Commitment is based on the land title as of the Commitment Uate. Any changes in the land tits or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. 0®;!'I~J 7 Erruna Farms Hay Barrz Site Plan arut Activity Envelope Review I. Resolution No. 091-2006 The Land Studio, Inc. O®(31)38 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIIV COUNTY, COLORADO GRANTING APPROVAL OF THE EMMA FARMS 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVIEW AND GMQS EXEMPTION TO DEED RESTRICT AN EXISTDJG DWELLING UN1T, AND GMQS EXEMPTIONS FOR A REPLACEMENT UNIT, A 1,000 SQUARE FOOT ADDITION AND BARNS; AND DESIGNATING THE HISTORIC STRUCTURES TO THE PITIQN COUNTY HISTORIC INVENTORY Resolution No.04/-2006 RECITALS Emma Farms LLC ("Applicant")has applied W the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for approval to establish building envelopes on 2 separate 35+ acre parcels, which does not legally constitute a subdivision within thb purview of the Courny's subdivision review authority. The property crosses the Pitkin/Eagle County line. The Applicant is in the process of subdividing 5 lots on the Eagle County portion of the property (1.OU 1-5): two lots adjacent t0 Emma Road and throe lou along the toe of the slope, and the te»tainder wnsisting of the agricultural lands, which will ba placed under a conservation aesemont. The Applicant proposes to utiliu rho remaining acreago on the Eagle side in order to create the two 35+ acre parcels that would accommodate devebpment on the Pitkin County portion of the property: one parcel adjacern to Emma Road would contain the existing ranch bui Idings including dwelling units and would wntain 51.5 acres (Lot 7) and ono parcel at the toe of the slope would accommodate a new single family residence and would contain 36 acres (Lot 6). The following approvals are requested and required: A. 1041 Hazard Review and Conceptual Submission to establish building envelopes; B. GMQS Exemption and Special Review to decd restrict an existing residence on Lot 7 as a category 4 unit outside of the AH mne districts; C. GMQS Exemption to "replace" the newly deed restricted unit with a new single family residence of up to 5,750 square feet of floor area on Lot 6; D. GMQS Exemption fora 1,000 square foot addition on Lot 7 to expand the two historic residences; E. GMQS Exemption for hams on Lots 6 and 7. 2. The properly is located at 3004/3006 Emma Road, et the corner of Hock's Lane and Emma Road and is more specifically described in Exhibit A. 3. The property contains a total of 136.2 acres, of which approximately 30 acres are within Pitkin County. The portion of the property within Pitkin County is coned APR-10. 4. The Community Development Director granted 1041 hazard review approval for an access envelope for a new driveway to serve Lots i, 4, 5 (in Eagle County) and 6 (in Pitkin County), pursuant to Administretive Decision No. 44-2006; a site plan has not been rowrded. 5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 6. The BOCC considered this application at duly noticed public hearings on July 26 and August 9, 2006, at which times evidence and testimony were presented with respect to the application. 7. The BOCC finds that the proposed building envelopes are located on slopes of less than 30%and avoid IIII~VIIII,IIIIIIeaIIIIIIWIIrIhIIII~iIIIIIIU>nl aa9085/~200~03:ze oo~u3s Resolution No. t79(-1006 Page 2 critical wildlife habitat areas and rockfatl auras; that the debtis/mud flow ha7atd on Lot 6 can be mitigated; and that the wildfire hazard is rated as low and can be mitigated. 8. The BOCC further finds that deed restriction of the existing non-historic residence on Lot 7 as a rental unit is consistent with the special review criteria end the Citizen Housing Plan and, therefore, that the Applicant is eligible for a Ieplacement unit exempt from growth management, pursuant to Sec. 9-110- D52(D) of the Code, which exemption will be utilized for a new dwelling unit of up to 5,750 square fcet of floor area on Lot 6. 9. Tho BOCC further fmds that Lot 7 is eligible to utilize the growth management exemption for 1,000 square feet of additional floor area, pursuant to Sec. 9-110-052(C) of the Code and that Lots 6 and 7 are eligible to utilize the growth management exemption for barns, pursuant to Sec. 9-110-057 of the Code. 10. The BOCC voted on August 23, 2006 to reconsider the Resolution, which reconsideration occurred at a regular meeting on December 20, 2006. At that time the BOCC found that it was appropriate to amend certain conditions of approval, as reflected herein. NOW, THEREFORE, BE YT RESOLVED by the BOCC that it does hereby designate the Queen Anne brick farm house and the shed roof log building to the Firkin County Historic Inventory. BE YT FURTHER RESOLVED by the BOCC that R does hereby approve the Emma Farms 1041 Hazard Review, Conceptual Submission, Special Review and GMQS Exemption to dced restrict an existing dwelling unit, and GMQS Exemptions for a replacement unit, a 1,000 square foot addition and barns, 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 or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. This approval is contingent upon approval by Eagle County of the Emma Farms Subdivision Preliminary Plan dt Zone Change, which affects the 106 acres of the property that is within Eagle County. 3 • Within 180 days of the date of approval or prior to recordation of the 1041 site plan, whichever comes first, the Applicant shall provide dceumemation on the existing sewage disposal system(s) on Lot 7 to the Environmental Health end Natural Resources Department for evaluation and approval. Any prohibited components or other problems discovered during such evaluation shall be replaced in a timely manner, based on a timeline agreed to by the Environmental Health end Natural Resources Department. 4. Prior to submission of any future building or other development permit applications, the Applicant shall: A. Be required to submit for approval by the Coumy Attomay and Community Development a 1041 Hazard Review Site Plan(s) for Lots 6 and 7 in accordance with Land Use Code Section 5-70-040, which shall depict the building and access envelopes. The above referenced approvals shall be a condition precedent to finalization and recordation. The Applicant she[! amend the site plans as follows, prior to submission for recordation: I) Designate a name for the driveway off of Hook's Lane, which name shall be approved by the County prior to recordation. l~ll~~~~~~1lIIIIIIII~ °rJ'w8599a ~pNIte N VOS CoUDiLL P3rKIN COLWiY CO p e ~ a6/06/p2eaa a;ze Qf~~~~G~ Resolution No.p4'l _2006 Page 3 2) Designate an envelope on the portion of Lot 6 where the water storage tank is proposed to be located. 3) Specify that buildings shall not bo allowed within any rockl'all hazard areas within the secondary rnvelope on Lot 6. Alternatively, the Applicant may relocate the secondary rnvelope to avoid the rockfall hazard area, in which case aceessory lmildings may be permitted within the envelope. B. Be required to submit for approval by the County Attomey, the Community Development Department and the Housing Office a deed restriction for the existing non-historic dwelling unit on Lot 7. The unit shall be deed restricted as a category 4 single family residence. The unit shall be e for rental unit, with priority given to employees who work on the property. C. Be required to submit a covenant in a form acceptable to the County Attomey in which the Applicant agrees to maintain the historic structures. The restoration of the structures shell comply with the Secretary ofthe Interior's Standards for Rehabilitation to the satisfaction ofthe County's Historic Preservation Officer. D. Be required to submit for approval by the County Attomey and Community Development the amended Design Guidelines for review. The Desiga Guidelines shall be amended as follows: i) The Guidelines shell apply to Lots 6 and 7 as well as Lots 1-5 in Eagle County. 2) Specify which provisions cannot be amended without County approval, 3) Include a signature block for the BOCC. 4) Amend the Fire protection Plea (Exhibit K) es follows: a) Amend A.ti to state that the water storage tanks for emergency fire suppression shall be installed in the emergency tank easements located on Lot 7 and on Lots 5/6. b) Amend B.1 to state drat roofs shall be consWcted with a Class A roof covering or a Class A assembly es defined in the International Building Code (IBC) Section 1505.2. ~) Amend B.3.b to state that aI newly construction structures shall be required to install aPPro~ Ere sprinkler systems that meet the standards of the Basalt Fire District d) Add that the water storage tanks shall be kept full, maintained, and serviceable for emergency use at all times. Annual testing shall be conducted on the dry hydrant system to ensure operational readiness, Testing and maintenance shall comply with the provision of NFPA 25, Standard for Inspection, Testing and Maintenance of Water Based Fire Protection Systems. The water storage tank serving Lots 4, 5 and 6 will be completed prior to issuance of a building permit for any of those lots. Likewise, the water storage tank required for Lots 1, 2 and 7 will be completed prior to issuance ofa building permit on any of those lots. 5. Concurrent with recordation of the 1041 site plan(s), the Applicant shall record the Design Guidelines for Emma Farms, the deed restriction for the residence on Lot 7 and the covenant for the preservation of the historic struLKtlres. 6. Prior to building permit application for any new residences on Lots 1, 4, 5 or ti, the Applicant shall; A. Submit an access permit for the driveway from Hook's Lane. The specifications for the driveway shall be consistent with the "South Driveway pied' and "Details" shown on the Colorado River Engineering plans dated January, 2006, including a 16' width, turnaround at Lot 4 and pullouu. The access permit shall be reviewed and approved by the County Engineerand Basalt Fire Marshal. Improvements shall be completed prior to issuance ofany building permits, Pogo: 3 of 8 III~III~11~I~IIIlI1~IINBI~NI~II~I~I 538599 JPNICE K V0a CYNIOILL PITKIN COUNTY 06/86/2087 Oa:2a co a e.efi o e.ao 3 OOf1{141 Resolution No.Q'j/• -2(106 Page 4 B. Submit an e+uthmoving pelrlfit for installation of the water storage tanks for emergency fat suppression. The tank on Lot 7 must be installed prior to commencement ofconstruction on Lot I; the tank on Lou 5/6 must be installed prior to commencement of construction on Lots 4, 5 or 6. 7. Development on Lot 6 shall be limited to a maximum of 5,750 square feet of floor area, which is exempt from growth management. Development on Lot 7 shall be limited to the size of the existing structures, with an additional 1,000 square feet of floor area exempt from growth management available to expand one or both of the historic residences on Lot 7. In addition, each lot is eligible for exempt bam square footage equal to the number of acres in the lot times 58 square feet per acre (2,088 square feet for Lot 6 and 2,987 square feet for Lot 7). Bams legally constructed prior to May 12, 2004 are exempt from floor area and do not count towards the baro exemption. 8. Prior to submission of a building permit application for Lot 6, the Applicant shall obtain a deuiled, site specific geotechnical investigation to develop design level recommendations and construction criteria for excavation for the access drive, utilities and foundation, and to evaluate ground water conditions. 9. Prior to issuance of a building partnit for the residence on Lot 6, the Applicant shall: A. Record the deed restriction on the existing non-historic residence on Lot 7. B. Obuin a flreplace/woodstovo permit from the Community Development DelxuYrlfent. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. The plan shall demonstrate that surface water will be directed down, around and away from buildings and off of slopes and road surfaces. D. Provide a copy of the Residential Water Wall Permit (and any supplemental plan for augmentation required by the Colorado Division of Water Resources) to the Environmental Health & Natural Resources Department for review and approval. Applicant must also provide sufficient documentation to establish that the well: (1) meets setback requirements, (2) mesa the County's minimum requirements for an adequate water supply, and (3) meeu the County's ISDS Regulation minimum requiremenu for adequate water quality, prior to issuance of any Septic System Permit or Building Permit. E. Obtain a septic system permit from the Environmental Health & Natural Resources Department. Given the history of high groundwater in the area, applicant is required to submit, with each Septic System Permit application, a geotechnical analysis of groundwater condhions (conducted during months of high runoffand flood irrigation) acceptable to the Environmental Health & Natural Resources Department. The system shall be designed by a Colorado Registered Professions] Engineer to accomplish denitrification of the wastewacer and to utilize pressure dosing into shallow trench configurations. F. Pay the applicable road and employee housing impact fees. G. Submit a Fugitive Dust Control Plan for review and approval by the Environmental Health & Natural Resources Department. H. Obtain an earthmoving permit to clear the existing ponds to the north of the building envelope on Lot 6 of debris and sediment so the ponds can provide mitigation for debris/mud flows. 10. Prior to commencement of any etuthmoving or construction activity on Lot 6, the Applicant shall stake the comers of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issuod for the residence, and then shall be removed. In addition, any required erosion control measures shall be in placo prior to any earthmoving. I~IIIIl~IIIIB~~IIIN~IINI~~IIIII~~III~ 58599 a J{YJ[CE K V06 CaUDILL PITKIN COUNTr CO a •.00 ~t~p a07 03:2a ' / a.00 F1/ UO(1O~2 Resolutron No.04/ _2006 Page S 11. No developmem, including grading, excavation, fill placement, berming, utility extension and maintenance, landscaping, rntry or ranch gates, construction parking and staging, vegetation removal or disturbance, septic system and wel I, shall occur outside of the approved building w access envelopes, except to comply with the required wildfire mitigation or to mitigate the debris flow hazard adjacrnt to the building envelope on Lot 6, subject to a mitigation plan reviewed and approved by the Community Development Department. 12. Only Plant species native to the site or listed in the Pitkhr County Revegetation Guide shall be utilized to revegetate areas outside of the building envelopes that are disturbed by construction of access drives and installation of utilities, subject to a revegetation plan approved by the Environmental Health and Natural Resources Department, prior to issuance of a Certificate of Occupancy, However, if agricultural areas are disturbed, those areas may be premed with agricuhural crops that are not included in the Revegetation Guide. 13. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. 14. The Applicant shall comply with the Recommendations to Minimize Ecological hnpacts that are included as Exhibit L in the Design Guidelines. I5. The Applicant shell comply with the Fire ProteMion Plan included as Exhibit K in the Design Guidelines. 16. The Applicant shall comply with the County's Noxious Weed Management Plan. 17. Agricultural Property Tax Classificazion -Uses. A. Lot 6: The primary purpose of ownership and use of Lot 6 of Emma Famrs is for residential purposes. All improvements and uses of lands within Lot 6 are associated with residential use of the Property. Any activities occurring on the property, or uses of the property that would cause the Properties to be classified as egicultural lands pursuant to Title 39, Colorado Revised Statutes, are prohibited as of the date of issuance of a building permit for the residence on Lot 6. B. Lot 7: The Primary purpore of ownership and use of Lot 7 of Emme Farms is for agricultural or °Prn space Purposes. All proposed improvemrnts and uses of lands approved in this Resolution within Lot 7 are associated with agricultural or open space uses of the property, and, therefore, shall not trigger a review of the tax classification of the property, Any activities occurring on the property, or uses of the property that would cause the property to be classified as agricultural lands pursuam to Title 39, Colorado Revised Statutes, are permitted. 18. Any development located within setbacks shall require a variance from the Board of Adjustment. This approval does not assure approval of the variance. t9. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Lsnd Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Cade, §4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on December 20, 2021. IIIIIIIIII~~III~I~I~~IIWII~~IIII bwes5zeeg as:ze JiWICE K VOS erINDILL PIMIN COeNTY CO R 0,00 D 0.00 Resolution No. '/ -1UU6 Page 6 NOTICE OF PUBLiC HEARING PUBLLSHED IN THE ASPEN TIMES WEEKLY on the 25'^ day of June, 2006. APPROVED AND ADOPTED on the 9'" day of August, 2006, APPROVED AND ADOPTED AFTER RECONSIDERATION on the 20's day of December, 2006. PUBLISHED AFTER ADOPTION FOI;'VES'I'ED REAL PROPERTY RIGHTS in the Ascen Times Weakly on the day of 2006. a ?a~ BOARD OF COUNTY COMMISSIONERS, PITKIA( COUNTY, COLQRADO By S-3/ -o AS TO CONTENT: Ci d I oube~~ Community Development Director P 135-06 PID #264510400002264510400003 APPROVED AS TO FORM: John EI ~ a+ C eY I~~~~~~~~~~~~~ 538599 a JPliI4E K V0a CWIOIt,t. 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I~Im~IIIIII~IIII~IIII~~IA~IIII~I °cJ'w8599a JPNICE K VOS CMIOILL PITKIN COUNTY CO 00~00~2~7 03:20 R 0.00 D 0.00 ®U~~I~~U COntfauet;so e[ •ONdele • Lpel Deeer;ptiee OrOer K1~ber~ 00075/10A-CI tbegee X 00.00'01• a 101.03 teeth weew ^ 00•!1.00• M e;3.00 [eeti tbeue 0 U•0; 41• K 00l.H leetl eMue i 7YfY70' X 3000.13 8et1 tbxae 0 01•li•Ol• M 1770.07 het to • pbiae ee ebe iNe0erly boaeGsy 11ee e[ eel0 Teeet 67 to ebe On1et e[ bpiesSeD. eomsr w s7sm •tm c3vrtrr or t7aas II~I~IInI~~ryII~I~IIII~II~III~I 5~9 999 s JaNICE K V00 CM1DILl PITKIK COUNi"/ CO R e.0e 06/OS/D2N7N03:20 ~~ PUBLIC NOTICE RE: Emma Farms Site Plan Review (Case P106-08) NOTICE IS HEREBY GIVEN that an application has been submitted by Emma Farms LLC (915 West North Street, Aspen, CO 81611) requesting approval of an Activity Envelope azound the existing structures and to construct a new barn. The property is located at 3004 and 3006 Emma Road and is legally described as a pazcel of land in Sections 10, 11, 14 and 15 of Township 8 South, Range 87 West. The State Parcel Identification for this property is 2465-104-00-002 & 2465-104-00-003. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Published in the Aspen Times Weekly on September 28, 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 28, 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 10, 2008 Doug Pratte PO Box 107 Basalt, CO 81621 Landstudio2@comcast.net Re: Emma Farms Site Plan Review (PID#2645-104-00-002 & 2645-104-00-003; Case# P106-08) Dear Mr. Pratte: 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 chazge 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) October 28, 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) 28`" day of October, 2008. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing 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 thel2th day of October, 2008, which is at least fifteen (15) days prior to the (30 day out) October 28, 2008. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 & 2-40-20 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Emma Caucus FROM: Suzanne Wolff, Community Development Department Re: Emma Caucus (PID 2645-104-00-002 & 2645-104-00-003; Case P106-08) DATE: September 10, 2008 Attached for your review and comments aze materials for an application submitted by Emma Farms LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Tuesday, October 28, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. EMMA CAUCUS P.O. Box 1405 Basalt, CO 81621 (970) 927-3462 newman a~s~ris.net MEMORANDUM TO: Suzanne Wolff, Community Development Department FROM: Emma Caucus RE: Emma Farms Barn Site Plan Review (PID 2465-104-00-002 and -003 and Case P106-08) Date: October 11, 2008 "fhe Caucus received information on the above application mailed by the County on September 15, 2008. The information was distributed to the Executive Committee and all Caucus members by email, referring to the Planning Division link on the County website. Comments: The Caucus did not receive any comments on this application and believes there is no opposition to the request. I O+ I FILE COPY PITKIN COUNTY CHECK REQUISITION (Please attach any appropriate papers) DATE: December 12, 2008 AMOUNT: $906. CHARGE ACCT NUMBER: B 002.00.37001 PAYMENT MADE TO Emma Farms, LLC 124 Totterdown St Aspen, CO 81611 Vendor # 031573 REASON: Emma Farms Site Plan Review Case: P106-08 Withdrawn -partial fees refunded 3ooy Efnm~ ~oL DEPT. HEAD APPROVAL: (PLEASE PRINT DATE: ~ ~ I~~u REFUND FEE DETAIL (com dev use): • 906.00 -Flat Fee ~Ni~C~I~'~ ~S~ B N ~'~E~~'ED IN EDEN ~~' ~~Cl-M DEV I o~ Z PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00026606 Name: Emma Farms, LLC Project Address: 3004 EMMA RD Type: check # 1045 Permit Number Fee Description 0106.2008.PLAN PP- Flat Fee 0106.2008.PLAN PP- Clerk Tech Fee 0106.2008.PLAN PP- Public Notice Fee Total: Date:9/4/2008 Amount 1,155.00 I / 25.00 /L~Of t81vv~~ 54.00 /U~~f-re~~vc~ 1,234.00 ~ /SS i ~G'~ - z PITKIN C~NTY COMMUNITY DEVELO~IENT Permit Receipt RECEIPT NUMBER 00026606 Name: Emma Farms, LLC Project Address: NO ADDRESS ASSIGNED Type Permit Number 0106.2008. PLAN 0106.2008. PLAN 0106.2008. PLAN Fee Description PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee Date:9/4/2008 Amount 1,155.00 25.00 54.00 Total: 1,234.00