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HomeMy WebLinkAboutpitkin.planning.264334100007 (2008)Davis Horn~- PLANNING & REAL ESTATE CONSULTING November 17, 2008 Cari Anne Holcomb Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: GRC Holding Company LLC Activity Envelope, Site Plan Review, Scenic View Protection and Vested Property Rights (2670 McLain Flats Road, PID # 2643-341-00-007) Dear Cari Anne: GRC Holding Company LLC (applicant) is the owner of a developed lot located in White Horse Springs. The applicant is represented by Davis Horn Incorporated in this land use application. The 6 +/- acre property is located south of McLain Flats Road and is zoned RS-20. Refer to Attachment 1, Vicinity Map The applicant is seeking Activity Envelope, Site Plan Review, Scenic View Protection and Vested Property Rights in order to make on site improvements comprised primarily of landscaping. Specifically, the applicant proposes to develop a pool, add a horse pasture and add landscaping. The application is divided in the following sections: 1. Background; 2. Existing Conditions; 3. Project Description; and 4. Land Use Approvals. BACKGROUND Pitkin County granted 1041 Environmental Hazard Review approval to the property pursuant to Adminstrative Decision 99-38 (Attachment 2). Attachment 3 is a copy of the 1041 Site Plan. A Caretaker Dwelling Unit was approved in 2000 pursuant to Adminstrative Decision 00-22. EXISTING CONDITIONS ALICE DAVIS AICP ~ GLENN HORN AICP 21 5 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX:970.i925-S 1 BO Q ~ t~ (~ n ~ r ~ O adwis@rof.net ghorn@rof.net The Lot is improved with asingle-family house and a CDU. Attachment 4, Existing Conditions Plan, depicts the site improvements and a slope analysis of the property. The land is characterized by gentle slopes. There are a several steep sections of the property with slopes over 30 percent. PROJECT DESCRIPTION Attachment 5 depicts the Site and Activity Envelope Plan on two sheets. The Plan shows a small horse pasture is proposed on gently sloping land located to the north of the house A path is proposed to link the pasture to truck and trailer turn around (west side of property) where horses can be loaded and unloaded. Existing sage brush in the horse pasture will be replaced with native grasses. A pool, spa and landscaping is proposed to be added on the south side of the house. LAND USE APPROVALS This section of the land use application demonstrates compliance with the standards identified in the Pitkin County Pre-Application Conference Summary Sheet (see Attachment 6). Sec. 2-30-20(g) Activity Envelope and Site Plan Criteria for Approval; Sec. 2-30-20(g) (2) Site Plan Criteria for Approval; Sec.7-10-50 Activity Envelope; Sec. 7-20-10 Site Prepazation and Grading; Sec. 7-20-20 Steep and Potentially Unstable Slopes; Sec. 7-20-30 Water Courses and Drainage; Sec. 7-20-60 Wildfire Hazards -Mapped Low Wildfire Area; Sec. 7-20-70 Wildlife Habitat -Mule Deer Summer and Overall Range; Elk Overall Range; Sec. 7-20-120(d) Standazds for Scenic View Protection Areas (if applicable); Sec. 7-20-120(e) Rura] Chazacter Guidelines for Building Location; Sec. 7-20-130 Landscaping and Vegetation Protection; Sec. 7-30 Roads, Driveways and Parking 2 ~®ul~~? Activity Envelope and Site Plan Criteria for Approval Section 2-30-20 (g) This section of the Land Use Code establishes the procedural process for the Adminstrative Review of an Activity Envelope plan. The applicant has followed the procedures of this section. Site Plan Criteria for Approval Section 2-30-20(g) (2) This section of the Code establishes the standards for approving an Activity Envelope. Development constraints on this property are steep slopes and wildfire. The proposed site plan has been developed to avoid steep slopes. The landscaping plan has been prepared to avoid wildfire danger. Activity Envelope and Site Plan Section 7-10-50 Refer to Attachment 5 which depicts the proposed Activity Envelopes and Site Plan. The Plans have been developed to be consistent with the land use philosophy of Pitkin County as explained in this Code section. Development constraints have been identified and the site improvements aze designed to avoid constrained areas. Additionally, the Plans are based upon consideration of the impacts of development on surrounding private lands. Horse pastures are quite common on McLain Flats Road. The proposed horse pasture will be consistent with the neighborhood. Site Preparation and Grading Section 7-20-10 This section of the land use application demonstrates compliance with Section 7-20-10 of the Code. Standards appear in bold followed by the applicant's responses. 7-10-10: SITE PREPARATION AND GRADING (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. The applicant will comply with this standard. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope, except removal of noxious weeds may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the requirements of this Sec. 7-20-10(b) and Sec. 7-20-130. i]®~~~~Z Grubbing will not take place on the site. Vegetation disturbance will be limited to within the activity envelope. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7-20-130(b)(7). The applicant shall comply with this standard. (d) Protection of Natural Terrain The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to: (1) REVEGETATION Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the fiSst. planting season after construction; where vegetation is removed, it shall be replayed with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) WEED PREVENTION Weed prevention, thistle management, and prohibition of non-native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) UTILITY INSTALLATION Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT (a) Land uses shall: 1. Not cause erosion problems and, if practicable, retain all soil on site; 2. Minimize disturbance of natural vegetation and soil cover; 3. Ensure that all cuts and fills are adequately designed and vegetated to control erosiori as well as stability of the slope area; 4. Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and 5. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas established in Sec. 7-20-80. 4 Mitigation measures identi£ed in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. The applicant shall comply with the preceding standards. Steep and Potentially Unstable Slopes Section 7-20-20 Attachment 4, Existing Conditions, includes a slope analysis of the site. The slope analysis shows an area to the west of the house which has slopes ranging between 30 and 45 percent. Attachment 5 shows that an equestrian path is proposed to cross this area. The slope to be crossed is a minor anomaly. Refer to Attachment 12, a Site Section, which demonstrates that this area is a slope anomaly on a section which is predominantly less than 30 percent. The Land Use Code permits the slope to be disturbed pursuant to Section 7-20-20 C.3. Water Courses and Drainages Section 7-20-30 This section of the application demonstrates compliance with Section 7-20-30 of the Code. Standazds appear in bold followed by the applicant's responses. 7-10-20: WATER COURSES AND DRAINAGE (a) Applicability The water resources standards in this Sec. 7-20-30 are applicable to all development. (b) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7-20-40 and 7- 20-80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). The applicant is not proposing any new encroachments or channeling of any river or stream. (c) Drainage (1) GENERAL Activities and development shall provide for: (a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or stormwater runoff; (b) The unimpeded flow of natural water courses and ditches; (c) Adequate drainage for all low points; (d) A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; ~Oi~l.;°°05 (e) Maintenance of drainage systems; and (f) On-site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) RUNOFF VOLUMES Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. (d) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or intertere with any recharge area or aquifer. (e) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. (1] Irrigation Ditches Activities and development shall: (1) ACCESS Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. (2) PREVENTING LEAKAGE Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) AVOID FLOODING Design land uses to avoid flooding problems from flood irrigation. (4) AVOID SEEPAGE Place basements and soil absorption on-site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. The applicant will comply with these standards. (g) Sedimentation Activities and development shall: (1) CONTROL DURING CONSTRUCTION Provide adequate sedimentation control throughout all phases of development. (2) SEDIMENTATION Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off into any water body, wetlands, or riparian area. (3) REVEGETATION Revegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. The applicant will comply with these standards. l~~i((3~f:~ (h) Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7-20-80 and those setbacks required by Table 5-1. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. All development activities will comply with these standards. Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re-cycling and reuse of water. Changes in water use are not proposed. Wildfire Hazards Section 7-20-60 The property is mapped as a low wildfire hazard area. Attachment 7 is a November 10, 2008 letter from Art Hougland which addresses wildfire danger. Recommendations are made in the letter to provide adequate defensible space. When Art visited the site he expressed concern regarding the proximity of a stand of trees to the west side of the residence near a deck. He indicated that the trees could remain however there should be afire break to the west of the trees. The landscape plan on Attachment 5 incorporates defensible space to the west of these trees as recommended by Art Hougland. Wildlife Habitat Section 7-20-70 The subject property is located in dispersed non-critical deer and elk winter range. Deer and elk may graze on the land in low snow years. In heavy snow yeazs the deer and elk will migrate to south facing slopes which aze steeper than this property. Scenic View Protection Section 7-20-120 (d) This Land Use Code section is not particulazly applicable to the proposed development. The proposed pool, spa, driveway and trail to the horse pasture will not be visible from McLain Flats Road (Attachment 5). A portion of the horse pasture maybe visible from the Road. Attachment 5 shows that sagebrush which is visible from McLain Flats Road will not be disturbed in order to preserve the existing views from the Road. Rural Character Guideline for Building Location Section 7-20-120 (e) 7 This Land Use Code section is not applicable to the proposed development because buildings are not proposed. There is a pool and spa proposed for the west side of the house in the back yard. Landscaping and Vegetation Protection Section 7-20-130 The Code standards for this section appear in bold followed by the applicant's responses. Refer to Attachments 8 and 9 to see the proposed planting plan. All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines contained in the Pitkin County Asset Management Plan. In case of conflict between the provisions of these two documents and the standards below, the guideline documents shall apply. a Purpose These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character,of the County. b General Provisions 1. PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). Restrictions on removal of natural vegetation, and requirements for revegetation, are set forth in other portions of this Chapter 7. 2. CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7-20-730 conflict with any provisions of Sec. 7- 20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern. 3. BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four-to one (4:1), nor a height greater than four (4) feet above grade. 4. LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. 5. VISIBILITY CLEARANCE All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. :~~i~~~~ 6. UTILITY EASEMENTS Whenever the provisions of this Sec. 7-20-730 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. 7. FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and/or successful establishment of plants. 8. MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. As depicted on Attachment 5 and addressed in the previous section, sagebrush which is visible from McLain Flats Road` will be preserved. There will be defensible space around the structures as approved by Art Hoagland (Attachment 7). Berms are not proposed. (i) Required Landscaping in Rural Areas In the Rural Area: (1) Landscaping is required for the following purposes: (i) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards'of Secs. 7-20-70, 7-20-80, or 7-20.120, and (iv) to revegetate disturbed areas. (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment. The applicant will comply with this standard. Roads, Driveways and Parking Section 7-30 Attachment 5 shows that a new driveway is proposed to provide ingress and egress for a truck pulling a horse trailer. The new driveway cut will be linked to an existing driveway that accesses McLain Flats Road. The topography in this area is very gentle. The driveway will be designed in compliance with the Pitkin County Asset Management Plan. 9 Summary This land use application summarizes the proposed amendment to GRC Holding LLC Activity Envelope and Site Plan. The applicant has demonstrated compliances with the Land Use Code standards identified in the Pre-Application Conference Summary Sheet (see Attachment 6). The following is a list of attachments. 1. Vicinity Map 2. Adminstrative Decision 99-38 3. 1041 Hazard Review Site Plan 4. Existing Conditions 5. Site and Activity Envelope Plan 6. Pre-Application Conference Summary Sheet 7. November 10, 2008 Letter from Art Hougland addressing Wildfire 8. Authorization Letter to Submit Land Use Application 9. Fee Agreement 10. Title Commitment 11. List of Adjacent Property Owners 12. Grade Anomaly Site Section Please contact me if you have any questions or would like any additional information. Sincerely, DAV HORN INCORPORATED LENN HORN AICP 10 Att~~~rr~ent ~- Legend Jp To 5'-6 on ~~rJ"'.~ ~. / © Gas Marker 4" PVC 2' Vertical Waterline Flag O Found or Set Monuments marked as shnvm O Dry Well i V l Cable Pedestal Vicinity Map ~~ Att~cl~rr~ent ~i iiiiii iii~in~ viii ii~iii iiiii i~iiii iii iiiii iiii iiii 1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DH2ECTOR OF PITHIN COUNTY, COLORADO, GRANTING APPROVAL TO ASPEN DEVELOPMENT, LLC FOR A MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No. 99-38~ RECITALS I . Aspen Development, LLC ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado, ("Director") to adjust the building envelope and relocate the driveway access. 2. The property is referred to as Lot 8, Block 1, White Horse Springs Ranch. The property is address at 2350 McLain Flats Road and is more specifically described in Exhibit A. 3. The subject property is zoned AFR-10 and contains approximately 6.02 acres, which is non-conforming in size. 4. The Planning and Zoning Commission ("Commission") granted a lot sepazation to the property (Lot 8) and Lot 9 of the White Horse Springs Ranch pursuant to Resolution No. PZ-93-13. Building envelopes were established on the properties as part of this approval. Subsequently, Resolution No. PZ-93-32 amended this approval with regazd to the maximum height allowed for a structure on Lot 8. Administrative 1041 Hazard Review approval was granted to the property on October 26, 1993. 6. The Director finds the request is consistent with the requirements of Section3-200-080 of the Land Use Code. NOW, THEREFORE, BE IT DETERMINED by the Pitkin County Community Development Director that approval is hereby granted to the Aspen Development LLC Minor Amendment to a Development Permit, subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall comply with the provisions of Resolution Nos. PZ-93-32 and PZ-93-13, and the Administrative 1041 Hazazd Review approval granted in October of 1993, unless otherwise replaced or amended by the conditions of this approval. 2. Prior to the issuance of any building permit applications, the~Applicant shall record a 24 x 36 inch mylaz. The following shall be included on the face ofthe site plan: A. The site plan shall be identified as the "1~' Amended Donnelley-Morton 1041 ~Sit~ Plan for Aspen Development, LLC." B. The appropriate signature blocks shall be included (owner's, Community Development Director, etc). C. The driveway access shall be moved 30' from the eastern property line. D. The building envelope shall be amended to include the tennis court azea, wooden shed and deck. The building envelope expansion should be identified on the site plan as "development envelope for driveway and landscaping only," 3. All material representations made by the Applicant in the application shall be adhered to and considered conditions of approval unless amended by other conditions. ,~ i iiiiii iiiii i~uu iiiui iiiii iiaii iii ilia iiii ~~~i ~' 436787 09/22/1999 01:13P RDMIN DE DpYIS SILVI 2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO APPROVED ON THE ~OF SEPTEMBER 1999 __ ~~ CP.~4t~ ~~ c ~ Cindy Houben, Community Development Director Case # P115-99 PID#2643-341-00-008 't7~u~~, Z ~~ ~N~~ ~~~ ~~~ ~o +. .°Ow~r o:'un a~anx aom .. un .... .n,..ua mac. i is-u-fr im6Y.ImLI LLC (O,Im) nmu n,m~1e_ ~6 avucr m m ,m u6 rnx6i+a6 a AAriwM116 ' py61 n: ~(Q.. ~.S :cp VA,Mv m16u6.r m.6m+®, .6sme ~ 6T 11 5 E. 0 m m 1' = 50' um a m6v6 . dmure ,m1 mmr ++domrt. sr u r mom ov ~m Nu0' 41' b' i L6 1R6 66C +I )~~i~~~ ~/ ~ ' I I ~ ~~~ << ~ ~ ~ ~ j ~ ~ ~\ \~ \\~'.3\\.6~\"l \ 1\. \\ \fl \~`\ ~,~\..\.\\ Attn: hr~nent a ° 3 0 a x YlOmI19 ~tl !tlY 911i dWNIYI 6S IN. M1-R+.Q Wlm Yn/M ®® BY .®1 NYR IE1[ OY0.116 NIP111Y. 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S! ~' '^ _.- ~ ..~ --> ----~ ~ l-I. ~ ~ _ _ ~ - ~.' ` '_ X57 .. ~--. ,a, ~ / 5, ,` -~- -. \ Activity Enveloper-~--., o ~ :8 - -_`" ' ~a,F~w- _, ~ °. ~r;~,r• i ~- -- - O, .~ - - y~ ~._. Fenced Equestrian WW~y ._--- --.- -- ~ - - --_ _ ..- -- - ~_ r/ ~/ ~~ ~~ ° ~ _ - Ta Pasture ~ ~ \, \ r `- ~ ~, _. _. _~ ._ ~- f -Pro ose -~- - _ -_" ?`' -- --~ ~' `~ .. _ - - ----- - -- -- - - - Area Shall Be Grubbed aid ~ .r-' <-' ~~~~`` ~~--__ - TumaroundruckandTrailer ,~ ®~ -Reclaimed with Native Grass / r - - - ~; I~ - - == - ,, Gate ~ \ ..\ \ ~~' 0 ~~ p 1 Roadway Fnd #5 Rebar & Cap Illegible i W 0 ~~. 5..,~, 4 .. ~ /,,.,,, ,, . t !~, G , >' '+ t,~" ~ i f i~ 'I T[ ~ ' ~ ~ ~ s _ F E~ ~ ~ _ ~ f F~ (hi ~ , ~ Tw~ p~ ~ fit. •~ £ q p S ~ IS - 'iNY d - it. ' s ~..a F+'~i .yy {R- ~ 8 , - .. Tx ~ 'fe S - rSf xI _ ~ h , 1 ~ 0 " ' ~ ` .. S x ~ ~L ~ ~ 3 r ,a_K~ T+F~ Yc , S .h a~`t~ 5 tM t ~" B 0"~. ~ ~ - ; ~ ' ~ 4 ~ 2 ' k _ R~` g 1 `'=i `' ~' ~S"" P "~``~ ~`~ Tw6 (fl w6:. `V A T g+ ~ ,Y (S A _,.: , . V J ~ {, yy _ y _ ~. } s 4_ - ~ ,.:" '%d:~'~".~s .,.@ ~ ;::~% ~~ :~ - I$ g . V 4 'any M F, ~"':d x~ _.87.74' e... ~ ' ;4 '`" i - ~ " B ~Y T.w ~Pfe ~. •~'.` .~ raki T ' Twe S' r Ifl 5 ~ Two 5" 4 . ^ wo5 Twp S° 62 TwcB _ ._ .. ?' e ti^ ~~,. ,~ h ~b ~M iFnd #5 Rebar & Cap Marked Illegible P.O.B. W O O ~ c'i ~. N ~ O\ Fnd #5 Marked I U l1 a, _. _.. - 1 °~. ~.y~~ T Att~~~rr,ent PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY N: 2670 McLain PID# 2643-341-00-007 SIZE: 6.02 Acres Road, White Horse Springs Sub, Block 1, Lot 8 ZONING: AR-10 OWNERS: GRC Holding Co LLC REPRESENTATIVE: Glenn Horn Chase Anderson PHONE & EMAIL: 925.6587 / ghorn(a~rof.net 927.2194 / chaseCo~gregmozian.com DATE: November 11, 2008 PLANNER: Cari Anne Holcomb 920.5092 Type of Application: Activity Envelope and Site Plan Review including Scenic Review (if applicable) w/ Vesting. Description of Project/Development: The Applicant is requesting approval for an Activity Envelope and Site Plan with Scenic View Review with Vesting to install extensive landscaping for an existing home off McLain Flats Road. The existing building envelope for the dwelling and access received 1041 Review Approval pursuant to Administrative Decision No. 99-38 (Reception No. 435787). [Plat was recorded on Book 51 Page 68, Reception No. 437160]. A CDU was approved in 2000 pursuant to Administrative Decision No. 00-22. Sec. 2-30-20(g): Sec. 2-30-20(8)(2): Sec. 7-10-50: Sec. 7-20-10: Sec. 7-20-20: Sec. 7-20-30: Sec. 7-20-60: Sec. 7-20-70: Sec. 7-20-120(d): Sec. 7-20-120(e): Sec. 7-20-130: Sec. 7-30: Activity Envelope and Site Plan Criteria for Approval; Administrative Review Procedure -Site Plan Criteria for Approval; Activity Envelope; Site Preparation and Grading; Steep and Potentially Unstable Slopes; Water Courses and Drainage; Wildfire Hazards -Mapped Low Wildfire Area; Wildlife Habitat -Mule Deer Summer and Overall Range; Elk Overall Range; Standards for Scenic View Protection Areas (if applicable); Rural Character Guidelines for Building Location; Landscaping and Vegetation Protection; Roads, Driveways and Parking Staff will refer the application to the following agencies: White Horse Springs HOA, White Horse Springs Water & Sanitation Dist., Aspen Fire Protection District, and CDOW. 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(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days 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. Page 1 ~~11r1g FEES: $3,073 (make check payable to "Pitkin County Treasurer") Planning Office flat fee: $2994 (non-refundable; based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $249/hour) o Public Notice Fee: $54 o Web Technology Fee: $25 To apply, submit 6 conies 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" and 11" by 17" Activity Envelope and Site Plans as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual, especially a detailed landscape plan; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual (as applicable); 4. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 5. Parcel description, including legal description and 8-1/2" x 11"vicinity map locating the subject property within Pitkin County; 6. Consent from all owners to process application and authorizing the representative (if applicable); 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. List of all adjacent property owners (1 copy); 11. Copies of this pre-app form. NOTES: - PLEASE SUBMIT PLEASE SUBMIT POSSIBLE). THE APPLICATION. ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR - ONE COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11'9017" - ALL MAPS SHALL BE FOLDED. - The Land Use Code is available on-line at http://www.aspenpitkin.com/depts/71/ - The Land Use Application manual is available on-line at http://www.aspenpitkin.com/pdfs/depts/7/Land Use Application Manual.pdf - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. Page 2 ~~~1'~ ~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and (hereinafter "APPLICANT") AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for (hereinafter, the "PROJECT"). 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 of 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 $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director ("APPLICANT") ey: Print Name and Title (if applicable) Date: Mailing Address: KovGLANa & AssociaTas CDNSDLTINa ON WIZ,DPDlB aa88aD t8IT188T10N FIaB PaDT8CT10N 8ND BalSDINB & F1a6 CODa~gtt ~ e n t November 10, 2008 Mr. Chase Anderson Greg Mozian & Associates 208 Midland Avenue P.O. Box 1549 Basalt, Colorado 81621 970 927-2194 ph Subject: Casillias Property, Lot 8, Whitehorse Subdivision, Pitkin County, Colorado Deaz Mr. Anderson, Thank you for emailing me your revised Activity and Site Plan plan for the Casillas property. Today I reviewed the photos that I took when we met on site on Thursday, October 9'" and again reviewed the Activity and Site plans you sent. The attached plan appears to be consistent with our conversation when you, Glenn Hom and I met on site on October 9'". It is important to interrupt the continuity of the vegetation, fuel, to the west. This continuity is evident in the photos that I sent to you that were taken on October 9'". It appears as if this plan will provide for adequate defensible space for the residence if the landscaping is accomplished per the plan. The trees and brush should be separated into individual trees or bushes or clusters of trees of bushes. These individual trees or clusters, other than aspen, should be separated within this area and from the vegetation to the west by at least 20- feet between the canopies. Limbs of all trees should be pruned to one half the height of the tree, one third the height for conifers, or 10- feet, whichever is less. No brush or shrubs which when mature will be tall enough act as ladder fuel should be provided or maintained around the trees. Irrigated and native grass should be maintained at 6 inches or less. If appropriate separation is created and is maintained by the owner I believe that the plan will provide for adequate defensible space. If you have any comments or questions regarding this letter or my recommendations please contact me. Because of the high wildfire hazazd of the area I appreciate that we are working together cooperatively toward the fire safety of this property. Thank you for your cooperation! ) Sincerely, ~~~~ ' / . Art Hougland cc: Glenn Horn, Davis Horn, Inc. 17 aaraaa aalva, eS6NWOOa sPaaNas, cor,oasDO 31so1 i3 ~ ~ (~• ~ ~, PaDNB (970) 884.188! I P83 (970) 389.1331 I tiresale@sapris.aet N0J-17-200°_ 10; 19F FROM: GREG MOZIRN RSSOC=RT C570?5.'r-2'9+ T0.5255'180 Atta ~ !h GRC Holding Company LLC 15 West 6« Street a 1201 Tulsa, OK 74101 Cari Anne Holcomb Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Re: GRC Holding Company L.LC Activity Envelope and Site Plan Review Dear Cari Anne: This letter authorizes Davis Hom Incorporated and Greg Mozian and Associates to prepare a land use application for my property located at 2670 McLain Flats Road represent GRC Holding Company LLC in the land use approval process. Thank you. Sincerely, C Holding Company LLC Gregory Casillas P.c rnent O n(~°1(i 7 ~r ~v6s? Nd'J-17-200E 1=:37R FROM: GREG MCZIRN RS50CIRT CS70?927-2"_?7 1-0:52551`30 P.2 ~IJ17/2008 11:35 9185821137 CASILLAS PETROLEI~ P4GE 02!03 At~~ .~ent~( ~ua~,u~~~~}d PITKIN COUNTY COMMUWSTY bBVELOPMENT DEPARTMENT AGREEAiENT FOR PAYMENT OF LAND U3E APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and GRC Holding Comoanv kLC (hereinafter APPLICANT) AGREE A3 FOLLOWS: t. APPLICANT has submitted to COUNTY an application for Activity Envelop and Slta Plan Review {hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pdkin County Ordinance No. 008-2008 establishes a fee structure for land use appllcetiorm end the payment of all processing fees is a condklon precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the coat of development review in Pkkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such sernoes to the public. 3. APPLICANT and COUNTY agree that because of the ~iz~,.nature or scope of the proposed protect, it may net be possible at the lime of apptloatfon to ascertain the fuA extent Of the costs involved In processing the application. 4. APPLICANT and COUNTY spree that fees chan_tad for the processing of land use applications shall accumulate if an applicat)on Includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impreeticsble for COUNTY staff to cemplate processing or present sufficient information to the Planning Commisalon and/or Board of County Commissioners to enable ttte Planning Commisalon and/or Board of County Commissioners to make legally required findings far project approval, unless current blllinga are paid In full prior to tlecision 8, Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its dpht to edleet full tees prior to a de[er'minatlon of application completeness, APPLICANT shall pay a base fee in the amount of ffi 3,073.00 which is based on 14.4 hours of staff time, and if actual time spent by staff to protege the apPlicatton exceeds the average number of hours by more than 20°k, then the COUNTY wlil bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further sprees that failure to pay such arxruetl coats shall be grounds for auspenaion of processing. PITKIN COUNTY APPLICANT GRC Hoidi g C ny LLC Cindy Houben Print Community Development Director - Ignature J C3~ l+n NOJ-17-2032 11:398 FROM: GREG MOZIRN R92OCIRT (970)927-2197 TO: 9255120 11f17r'2808 :1:35 9185821137 CASILLAS PETROLEllM P.3 PAGE 03/D3 ~4t~ ~ ~ ~ ~ ~ : Novwnber 12.200$ Melling Address: 15 West 8'^ 5tremt Tulsa, OK 74101 Effective 4/9108 G:countyladminlformslagraement to pay JQ~;~2~~ i4ttch rr~ent j~,w~ers itle ~U~nc~ o o~at~a, ~~....~.,,, .z.,~ i ~o 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-vinceQsopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) TJ Davis-tjdQsopris.net Joy Higens-joyQsopris.net Issued By L~YeraTttlejnswa~lce ~porauon Home Office: 101 Gateway Cenfre Parkway, Gateway One Richmw~d, Virginia 23235-5153 1-800-446-7086 B 1004-268 ®J( COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 21, 2006 at 1:25 PM Case No. PCT21045L2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 9,750,000.00 Premium$ 7,349.00 Proposedlnsured: Rate: Re-Issue GREG CASILLAS and RHONDA CASILLAS (b) ALTA Loan Policy-Form 1992 Amount$ 5,850,000.00 Premium$ 100.00 Proposed Insured: Rate: Companion BANK OF OKLAHOMA, N.A., 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: STEPHEN M. BELLOTTI and CARRIE H. BELLOTTI 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" PITHIN COUNTY TTTLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-9251766 Phone/970-9256527 Faz 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. i~U~S.,~4 fl EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in Lots 1 and 12 of Section 34, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point whence the Northeast corner of said Section 34 bears North 37°02'15" East 1039.27 feet; thence South 11 °30' East 290.00 feet; thence South 10°04' West 176.80 feet; thence along the arc of a curve to the right with a radius of 771.72 feet and the chord of which bears North 72°33' West 198.35 feet an arc distance of 198.88 feet; thence North 65°10' West 323.00 feet; thence North 27°55' West 130.00 feet; thence North 23°4Z'30" East 508.73 feet; thence South 44°26' East 444.34 feet to the Point of Beginning. TOGETHER WITH the right of ingress and egress over and across that 30 foot wide access easement along the Southerly boundary of Parcel A as shown on the Map recorded in Plat Book 5 at Page 66. AND TOGETHER WITH an easement for right of ingress and egress over and across that 30 foot wide roadway easement from the County Road between Lots 9 and 10, Block 1, White Horse Springs, as shown on the Map recorded in Plat Book 5 at Page 66 and as granted and conveyed in that certain Warranty Deed recorded in Book 218 at Page 256. ~~rl yln7 cy'._ i. , 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: Release by the Public Trustee of the, Deed of Trust from :STEPHEN M. BELLOTTI and CARRIE H. BELLOTTI to the Public Trustee of the County of Pitkin for the use of :GUARANTY BANK AND TRUST COMPANY original amount $5,750,000.00 dated :February 21, 2003 recorded :February 28, 2003 reception no. :479365 2. Release by the Public Trustee of the, Deed of Trust from :STEPHEN M. BELLOTTI and CARRIE H. BELLOTTI to the Public Trustee of the County of Pitkin for the use of WESTSTAR BANK original amount $2,000,000:00 dated :June 28, 2004 recorded :September 13, 2004 reception no. :501904 3. Release by the Public Trustee of the, Deed of Trust from :STEPHEN M. BELLOTTI and CARRIE H. BELLOTTI to the Public Trustee of the County of Pitkin for the use of :TONY SOLOMON original amount $1,710,608.00 (CANADIAN) dated :October 18, 2004 recorded :October 21, 2004 reception no. :503341 4. Certificate of Satisfaction issued by the Clerk of the Court, of Judgement in favor of KATE KIERNAN against 02ASPEN, LLC; CAROLYN H. BELLOTTI, in the amount of $6,947.00 plus interest and court costs, entered on March 28, 2005 in Civil Action No. 04S-000080, COUNTY Court, PITKIN County, COLORADO. Transcript of which was recorded March 28, 2005 as Reception No.508317. 5. Duly executed and acknowledged Deed, From :STEPHEN M. BELLOTTI and CARRIE H. BELLOTTI To :GREG CASILLAS and RHONDA CASILLAS (Continued) SCHEDULEB-SECTIONI REQUIREMENTS -Continued 6. Deed of Trust from :GREG CASILLAS and RHONDA CASILLAS to the Public Trustee of the County of PITKIN for the use of :THE LENDER TO BE INSURED HEREUNDER to secure $5,850,000.00 7. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of White Horse Springs certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 9. 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) 10. 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) J(3~;)~29 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7 Right of way for ditches or canals constructed by the authority of the United States as reserved in Patents recorded December 10, 1914 in Book 55 at Page 540 and recorded April 1, 1915 in Book 55 at Page 211. 8. Easements, rights of way and all matters as disclosed on Map of subject property recorded in Plat Book 5 at Page 66 and 1041 Hazard Review Site Plan recorded January 19, 1994 in Plat Book 33 at Page 64. 9. Easements for roadways and utilities and Restrictive Covenants as contained in Deed recorded January 21, 1966 in Book 218 at Page 256. 10. Underground Right of Way and Easement granted to Holy Cross Electric Association, Inc., as set forth in instrument recorded November 29, 1971 in Book 259 at Page 642, as it may affect Parcel A. 11. Easement as granted to Micro-Cable Communications Corporation by instrument recorded April 12, 1983 in Book 443 at Page 228. 12. Matters as contained in Acknowledgment of Permissive User and Agreement Concerning Fence recorded March 9, 1984 in Book 462 at Page 808. 13. Matters as set forth in Pipeline Easement Agreement by and between John Matthews, Jacquelyn Matthews and Laura Gaylord Donnelley, recorded February 25, 1992 in Book 670 at Page 142. 14. Easements and other matters as shown on Improvement Survey prepared by Schmueser Gordon Meyer, Inc., as Job # 91 116. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Planning and Zoning Commission recorded August 16, 1993 in Book 721 at Page 294 as Resolution No. PZ-93-13. (Continued) J~~'~30 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded October 28, 1993 in Book 728 at Page 579. 17. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded June 29, 1994 in Book 754 at Page 435. 18. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded September 22, 1999 as Reception No. 435787. 19. Easements, rights of way and all matters as disclosed on 1041 Review Plat of subject property recorded October 29, 1999 in Plat Book 51 at Page 68. 20. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded May 10, 2000 as Reception No. 443185. 21. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded December 20, 2001 as Reception No. 462039. 22. Any loss or damage resulting from adverse possession or any possessory interest for any fenceline encroachments as disclosed on Survey of Schmueser, Gordon, Meyer dated December 18, 2006 as Job No. 2006.515.001. ~ ~ ~. Y' 3 \ \ • \ \ ~ III I i~- • it ~I III 7~i ~~ ~' ~ \\ 1 ~, \, ./ ~. ~ CAMA SELECTED PARCELS Scale 1:4,689 III i PARCELS Units =Feet STRUCTURES N DRIVES P ROADEDGE ROADS I WAT LIN WAT POLY • ADDRESS ~~ III III II III aiE~~;+}3~ MEISEL LEE B & DEBORAH A ZWART JEFFREY R & TERRI L CARTER THOMAS L JR & EUGENIA G 5859 WINDSOR TERRACE 18 CIBRIAN 1001 FANNEQ #2020 BOCA RATON, FL 33496 TIBLiRON, CA 94920 HOUSTON, TX 77002 R006263 R006245 R006249 DENVER ANN PO BOX 75 ASPEN, CO 81612 R006246 WAGNER PROPERTIES LLC 80 GLEN GARY DR ASPEN, CO 81611 R006241 HECHT ANDREW V 601 E HYMAN AVE ASPEN, CO 81611 R006254 Attachment (~~ Jf3~~33 Atte~hn~ent ~~ '~~d ., - 15-30% F' _- _-15-30°G 15-30%- 4998- 4996 4994--- . -- 0-15%--. -..-4992--- ...----....----------...---4990.. -. -- ---- --- -4988- Site Section 1.3 _.... _.. _. . Grassy Hillside M _ ~ Existing Trees.- ,~- -- -- ---- .--.- ~----- - - -- M - -- ---- ---- ...- -.. \ - ----- >. -- - -5008 ~ a8 a ~~ a N ~O '~ 6 ~p7 3 fd o ~~• ~ x~ ~3~e Caslllss Residence Grego Momely 81te Section ^ o..~~.,... ^ m,°.....°. o.e.: - eew: o...° ey:ses_ ~~:. ~: L-1.3 NOTE: 30-45% Slopes Exists as an Anomaly in Otherwise 15-30% Grade. PITKIN COUNTY TTTLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 (970)925-1766 -FAX (970)925-6527 (877)-217-3158 TOLL FREE Federal Tax I.D. # 84-0971691 INVOICE TO: DAMS, HORN, INC. ASPEN, CO 81611 ORDER NO: OWNERSHIP DATE: November 18, 2008 LEGAL DESCRIPTION: 20-9-85 REGARDING: GRC HOLDING CO., LLC 113 Cert of Ownership - 2670 McClain Flats $ 125.00 TOTAL DUE: 125.00 "J~iil13~ CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that GRC HOLDING CO., LLC, AN OKLAHOMA LIMITED LIABILITY COMPANY are the owner's in fee simple of the following described property: A tract of land situated in Lots 1 and 12 of Section 34, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point whence the Northeast corner of said Section 34 bears North 37°02'15" East 1039.27 feet; thence South 11 °30' East 290.00 feet; thence South 10°04' West 176.80 feet; thence along the arc of a curve to the right with a radius of 771.72 feet and the chord of which bears North 72°33' West 198.35 feet an arc distance of 198.88 feet; thence North 65°10' West 323.00 feet; thence Narth 27°55' West 130.00 feet; thence North 23°47'30" East 508.73 feet; thence South 44°26' East 444.34 feet to the Point of Beginning. TOGETHER WITH the right of ingress and egress over and across that 30 foot wide access easement along the Southerly boundary of Parcel A as shown on the Map recorded in Plat Book 5 at Page 66. AND TOGETHER WITH an easement for right of ingress and egress over and across that 30 foot wide roadway easement from the County Road between Lots 9 and 10, Block 1, White Horse Springs, as shown on the Map recorded in Plat Book 5 at Page 66 and as granted and conveyed in that certain Warranty Deed recorded in Book 218 at Page 256. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 2670 MCCLAIN FLATS ROAD, ASPEN, CO This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY: BRANDI JEPSON< U ' authorized signature CERTIFIED TO: NOVEMBER 12, 2008 @ 8:OOAM Job No. 2415 CITY OF ASPEN ESEPSPT FROM WRETT E REP. N0. 9 9a~o"I ~ S 76 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Jennifer Hall, Esq. Holland & Hart LLP 600 East Main Street, Suite 104 Aspen, Colorado 81611 CRY op ggp~,t EXEMPT FiiOM HgE7T ~~ NO. a {,~ Ito-I ~ s~6 9 IIIIIIIIIII~INIIIIIII~IUIIIIIINIIIIIIIIIIIIII~~ ~9 as 0903.48 JpVICE K VO6 CPUDILL PITKIN COUNTY CO R 23.00 D 0.00 WARRANTY DEED THIS DEED, effective as of the 22nd day of December, 2006 Between GREG CASILLAS and RHONDA CASILLAS, GRANTORS, And GRC HOLDING CO., LLC, an Oklahoma limited liability company, whose legal address is: 15 West 6th Street, Suite 1201, Tulsa, Oklahoma, 74101, GRANTEE WITNESSETH, that the Grantor for no monetary consideration and in exchange for the promises set forth herein and other valuable consideration, the receipt of which is hereby acknowledged, does by these presents GRANT, BARGAIN, AND CONVEY AND CONFIRM unto the Grantee, the following described real property together with any improvements situated in the County of Pitkin and State of Colorado, described as follows: Sae Attached Exhibit "A" TOGETHER wHh all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premLses above bargained and tlescribed, with the appurtenances, unto the grantee, its heirs and assigns forever. And the grantor, (or ItseH, its heirs and assigns, does covenant, grant, bargain, and agree to and with the grantee, its heirs and assigns, chat at the time of the ensealing and delivery of the presents, grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except as set forth on Exhlbft "B" attached hereto. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, Its heirs and assigns, against all and every person or parsons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. Q0.9''3'~ $IGNATi1RE AND ACKNOWLEDGEMENT PAGE TO WARRANTY DEED Paga: 2 of q GREGCASILLAS IIUIIIIIIIIIl~~~IIIf~INIIiiIINIIIiIIII~I~I~B 53z4es e903.ga dANICE K VOS CRUDILL PiTKIN CDUNiY W R 21,00 0 0.00 STATE OFG~K/r~: r. •-. j ss COUNTYOFTu ~~ . c, j The foregoing kistrument was acknowledged before me thls I_~day of ~ -: b r u ,1 r ~,e __ , 2007, by Greg Casillas. 0 u W P!E !n !i ~ ern n q~~~~'FAL S ALma NO ry~PUblic ~~ / ~/ Yili LINDA D. PITTMAN No. G'C0895t Expires 7, 12'2009 'Yl7a]Ct`w.K7Cw'Yt?L'1K`w R A AStLLAS{~ i ay: !~• ~Cu2~~~ STATE OFGK l4 ~i m ~. es COUNTY OF + w / _ a j e fo egoing inairwnem was acknowledged before methis=tday of `~ ru a J , 2007, by Rhonda Cas111as. WITNESS my hand and otticlal sea) My wmmissfon expires: ~s..>4 ~ wwwwwwwewww.wwww~ 6~2f''x_ 1S0E0ClC ~N NYwlLld'Decr<n _ ~ ivs iblo,~~c r•- . O o Notary Public EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in Lots 1 antl 12 of Section 34, Townsh+p 9 South, Range BS West of the 6th Principal Meridian, Pkkln County, Colorado, described as follows: Beginning at a point whence the Northeast comer of saitl Sedian 34 bears North 37°02'15' East 103927 feet; thence South 11 °30' East 290.00 feet; thence South 10°04' West 176.80 feat; thence along the arc of a curve to the right with a radius of 771.72 feet and the chord of which bears North 72°33' West 196,35 feet an arc distance of 198.86 feet; thence North 65°70' West 323.00 feet; thence North 27°55' W est 130.00 feat; thence North 23°4T30` East 508.73 feet; thence South 4A°26' East 444.34 feet to the Point of Beginning. TOGETHER WITH the right of Ingress end egress over and across that 30 foot wide access easement along the Southerly boundary of Parcel A as shown on the Map recorded in Plal Book 5 ai Page 66. AND TOGETHER W ITH an easement for right of ingress and egress over and across that 30 foof wide roadway easement from the County Roed between Lats 9 and 10, Block 1, White Horse Springs, as shown on the Map recorded in Plat Book 5 at Page 68 end as granted and conveyed in that certain Warranty Deed recorded in Book 218 at Page 256. IIINIIIIIIIIIIII~IIIIIIH~IIIIIIIIIINIIINIIII 5~es ®903:46 JnNiCE K VOS COUOILL PITKIN COUNTY CO R 21.00 D 0.00 EXHIBIT "B" 1. Taxes for the year 2006 not yet due or payable. 2. Right of way for ditches or canes consWCted by the authority of the United States as reserved in Patents rewrtted December 10, 1914 in Book 55 at Page 540 and recorctad Apnl 1, 1915 in Book 55 at Page 211 3. Easements, rights oT way and all matters as disclosed on Map of subject property recorded in Plat Book 5 at Page 66 and 1041 Hazard Review Site Plan recortied January 19, 1994 In Plat Book 33 at Page 64. a. Easements for roadways and utilfies and Restrictive Covenants as contained in Deed recorded January 21, 1966 in Book 2t8 at Page 256. 5. Underground Right of Way and Easement granted to Holy Cross Elecuic Associatbn, Inc., as set forth in instrument recorded November 29, 1971 in Book 259 at Page 642, as it may affect Parcel A. 6 Easement as granted to Micro-Cable Communications Corporation by instrument recorded April 12, 1983 m Book 443 at Page 228. 7 Matters as contained in Acknowledgment of Permissive User and Agreement Concerning Fence recorded March 9.1984 in Book 462 at Page 808. 8. Matters as Set forth in Pipeline Easement Agreement by and between John Matthews, Jacquetyn Matthews and Laura Gaylord Donnelley, recorded February 25, 1992 in Book 670 at Page 142. 9. Terms, condtions, provisions, obligations and all matters as set forth in Resolution of the Planning and Zoning Commission recorded August 16, 1993 in Book 721 at Page 294 as Resolution No. PZ•93-13. 10. Terms, condtions, provisions and obligations as set forth in Easement Agreement recorded October 28,1993 in Book 728 at Page 579. 11. Terms, conditions, provisions end obligations es set forth in Occuparx:y Deed Restriction recorded June 29, 1994 in Book 754 at Page 435. 12. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded September 22, 1999 as Reception No. 435787. 13. Easements, rights of way and all matters as discosed on 1041 Review Plat of subject property recorded October 29. 1999 in Plat Book 51 at Page 68. 14 Terms. conditions. provisions and obligations as set forth In Administrative Decision recorded May 10, 2000 as Reception No. 443185. 15. Terms, conditions, provisions and obligatons as set forth in Occupancy Deetl Restriction recorded December 20, 2001 as Reception No. 462039. 16. Any loss or damage resulting from adverse possession or any possessory interest for any fenceline encroachments as disclosed on Survey of Schmueser, Gordon, Meyer dated December 18, 2006 as Job No. 2006.515.001. I ~II111 II~ I~II~IIII III ~~R ~~~ ~I IIII IIII IIII 029 0I~Y0 0 03:46 JnNICE K VOS CNUDILL PITKIN COUNTY CO N 21.00 D 0.00 il0u!'40 PUBLIC NOTICE RE: GRC Holding Co LLC Activity Envelope, Site Plan Review, Scenic Review with Vesting (Case P134-08) NOTICE IS HEREBY GIVEN that an application has been submitted by GRC Holding CO LLC (15 West 6`h Street, Suite #1201, Tulsa, OK 74101) requesting approval for an Activity Envelope and Site Plan with Scenic View Review with Vesting to install extensive landscaping for an existing home. The property is located at 2670 McLain Flats Road and is legally described as Lot 8, Block 1, White Horse Springs Subdivision. The State Parcel Identification Number for the property is 2643-341-00-007. 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 Cari Anne Holcomb at (970) 920-5092. Published in the Aspen Times Weekly on December 7, 2008. Attention Adjacent Proaerty 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 January 7, 2009. 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 November 21, 2008 Glenn Horn 215 South Monazch Street, Suite # 104 Aspen, CO 81611 ghom@rofnet Re: GRC Holding Co LLC Activity Envelope, Site Plan Review, Scenic Review with Vesting (PIDis2643-341-00-008; Case# P134-08) Deaz Mr. Hom: 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) December 7, 2008. The names and addresses shall be those on the cun•ent 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) 7`h day of January, 2009. 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 Board 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 22nd day of December, 2008, which is at least fifteen (15) days prior to the (30 day out) January 7, 2009. This must be submitted prior to any approvals being granted. If you have questions, please call Cari Anne Holcomb, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Aspen Fire Department Colorado Division of Wildlife White Horse Springs HOA White Horse Springs Water & Sanitation District FROM: Cari Anne Holcomb, Community Development Department Re: GRC Holding Co LLC Activity Envelope, Site Plan Review, Scenic Review with Vesting (PID 2643-341-00-008; Case P134-08) DATE: November 21, 2008 Attached for your review and comments are materials for an application submitted by GRC Holding Co LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, January 7, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITKIN ~UNTY COMMUNITY DEVEL~MENT Permit Receipt RECEIPT NUMBER 00027017 Name: GRC holding Co, LLC Date:11/17/2008 Project Address: 2670 MCLAIN FLATS RD Type: check # 1731 Permit Number 0134.2008. PLAN 0134.2008. PLAN 0134.2008. PLAN Fee Description PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee Total: Amount 2,994.00 25.00 54.00 3,073.00