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Home My WebLink Aboutpitkin.planning.273728300020 (2009)~~CiJ1VI~I~d'~' I.~~'~iJ'I' THIS FILL IvIAY CFiZ 152AY NOT CQ~NTAIN ALf, C}F THE INF~RT~'dATI~N LISTED ~I+LQ~J6' IN TIiL ~'~LLOVvING ~EZF3LR Sr~~ea~zary Sheet Fteso&x~tion for the ~(~CC a~a~ilor I~&Z ®rclinaaace for tine ~QCC amd/or FEZ Detercneiceatio~ for tine Ilearaa~g CffDCer Ada~aamistrative Deter~amation Staff 1VIe~o Appaicatioa~ PasbIlac Notice, Acceptar~ee Letter, It.eferraa(s) Letter Sate Flamm Misceiianeoats Flat(s) RECEPTION#: 559979, 0 611 512 0 0 9 at 11:07:15 AM, i OF 4, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THAND MINOR AMENDMENT W FOR TDR RECEIVER SITE Resolution No.~~-Z009 RECITALS 1) Theodore and Shannon Skokos (hereafter "Applicant") have applied to the Board of County Commissioners of Pitkin County ("BOCC") to obtain special review approval to utilize one TDR to develop up to a maximum floor area of 13,250 square feet and to amend the prior approvals (special review and growth management) to allow floor area in excess of 10,750 square feet. 2) The parcel is located at 4l Popcorn Lane, and is more specifically described in Exhibit A. 3) The parcel contains 2.178 acres and is a nonconforming size parcel in the AR-10 zone district. 4) The property contains an existing 2,000 square foot single family residence and a 600 square foot detached garage. The Planning and 7.oning Commission granted 1041 hazard review approval for the existing residence pursuant to Resolution No. 83-25. At that time the property was identified as being within an avalanche hazard zone. The stmctures were designed to withstand the "design avalanche," as required by the approval. A building envelope was nut established at that time. 5) The Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay review, special review and GMQS exemption approval to redevelop the property, pursuant to Determination No. 15- 2005. The approval established a building envelope, and designated the parcel a TDR receiver site to utilize two TDRs for additional floor area up to 10,750 square feet. The site plan was recorded in Plat Book 74 at Page 66. The building envelope is constrained by the 100 year floodplain and 20' setback from the Roaring Fork River to the northeast and red avalanche hazard to the north and west. The envelope is within the blue avalanche hazard area; mitigation of the hazard is required. 6) The Applicant subsequently obtained a 5,000 square foot growth management allotment for additional floor area, pursuant [o BOCC Resolution No. 046-2006, which allows up to 10,750 square feet of floor area without the use of TDRs. Commitments made as part of the growth management competition are memorialized in the Covenant recorded as Reception No. 527855. The parcel has also been involved in several lot line adjustments with adjacent parcels; the most recent resulted in a decrease in the size of the parcel from 2.981 to 2.178 acres. 7) The BOCC granted an extension of vested rights to March 12, 2010, pursuant to Resolution No. 024- 2008. 8) The BOCC heard this application at a duly noticed public hearing on May 13, 2009, at which time evidence and testimony were presented with respect to this application. 9) The BOCC finds that the request for use of one TDR for additional floor area up to 13,250 square feet complies with the special review criteria, as follows: A) The additional door area as shown in the graphic representations presented to the BOCC at the hearing is compatible with the character of and will not create significant impacts on the surrounding area. Resolution No. - 2009 Page 2 B) The additional floor area is consistent with the East of Aspen/Independence Pass Master Plan, as the visual and environmental quality of the parcel will not be further impacted by the additional floor area. C) The proposed residence will not appear substantially larger than the approved 10,750 square oot house due to the distribution of the floor area throughout the house. D) The development will occur within the previously approved building envelope. 10) The BOCC further finds that the Applicant would still have been eligible for the floor area allotment obtained in 2006, even with the additional floor area. The additional floor area (13,250 rather than 10,750 square feet) would have reduced the total score, but the application would still have met the minimum threshold in the "Consistency with Land Use Goals" category and would have exceeded the threshold score required for an allotment. I I) The BOCC further finds that it is appropriate to amend the prior approvals to allow up to a maximum of 13,250 rather than 10,750 square feet of floor area on the parcel. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Skokos Special Review to utilize one TDR for additional floor area up to 13,250 square feet and Minor Amendment, 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 current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2) All conditions of Hearing Officer Determination No 15-2005, BOCC Resolution Nos. 046-2006 and 024-2008, and the Growth Management Covenant recorded as Reception No. 527855 shall remain in full force and effect, except as amended herein. 3) The additional floor area in excess of 10,750 and up to 13,250 square feet shall only be obtained through use of a TDR, and not through a growth management allotment. 4) The Floor area on the ground level of the residence shall not exceed 8,500 square feet. 5) Within 60 days of the date of this approval, the Applicant shall be required to submit for approval by the County Attorney and Community Development Department an amended Growth Management Covenant memorializing the increase in the total allowable floor area. 6) Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May 13, 2012. Resolution No. __ 2009 Paxe 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 22nd day of March, 2009. APPROVED this 13"' day of May, 2009. PUBLISHED AFTER ADOPTION FOR VESTE 00REAL PROPERTY RIGHTS in the Aspen Times Weekl on the ~ day of ~/~ _~ A' Jones, Clerk to AS TO CONTENT: ~i ~. , ~ ~~~~ ~t 5~---- Cmdy Houben Community Development Director P004.09;PID #273726300020 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO gy ~~ C Patti Kay-Clapper hair APPROVED AS TO FORM: --` _1' John Ely Connty Attorney h ALTA OWNER'S POLICY E7CffiBIT A LEGAL DESCRIPTION Order No.: 45245 A parcel of land located in the SW '/. SW '/. of Section 28, Township 10 South, Range 84 W est, 6® Principle Meridian, Pitldn County, Colo Clerk and Re o der's Office be" g more particularly Reception No. 112127 of the Pitkin County described as follows: Beginning at the S 1116 Comei of Section 28 being a 1978 BLM Brass Cap found in place, whence the Southwest Section Comer of said Section 28 being a 1978 MI.P~lfor this le al~ars S 00°44'48" W a distance of 1370.76 feet, this line being the Basis of Bearing g description, thence N88°43' S5" E a distance of 205.36 feet along the North line of the SW '/. SW '/. of said Section 28 also being the North line of said Reception No. 112127; to the True Point of Beginning; thence N88°43'55" E a distance of 452.41 feet ~Otion No. 112127 t the C-W'8W 1/,64 Corner Section 28 also being the North line of said Recep also being a 1978 BLM Brass Cap found in place; thence along the East line of said Reception No. 112127 the following four (4) courses: thence S 00°37'34" W a distance of 84.66 feet; thence S 68°05'00" E a distance of 60.45 feet; thence S 61°29'00" E a distance of 48.25 feet; of the White River thence S 12°45'00" E a distance of 23.62 feet to a pu utref the boundary National Forest, United States Department of Agri thence along said White River National Forest boundary the following two (2) courses: S 12°45'00" E a distance of 7.42 feet; thence S 07°34'00" E a distance of 78.98 feet; thence S 72°51'45" W a distance of 26.54 feet; thence 46.90 feet along the arc of a tangent curve to the left having a radius of 70.00 feet, an included angle of 38°23'09", and the chord bears S 53°40' 10" W a distance of 46.02 feet; thence N 73°27' 15" W a distance of 65.11 feet; a radius of 200.00 feet, an thence 26.00 feet along the arc of tangent cttrvc to the right having included angle of 07°26'59", and the chord bears N 69°43'45" W a distance of 25.99 feet; thence N 66°00' 16" W the az of otang~9 ~~~ to the ]eft having a radius of 200.00 feet, an thence 32.61 fcet along included angle of 09°20'31", and the chord bears N 70°40'3]" W a distance of 32.57 feet; thence N 75°20'47" W a distance of 120,8] feet; thence 115.55 feet along the arc of a tangent curve to the right having a radius of 350.00 feet, an included angle of 18°54'58", and the chord bears N 65°53' 18" W a a d us of 150 00 feet, an thence 108.94 feet along the arc of a tangent curve to the ]eft having included angles of 41°36'39", and the chord bears N 77°14'09" W a distance of 106.56 feet; thence 13.29 feet along the arc of a tangent curve to the left having a radius of 75.00 feet, an included angle of 10°08'57", and [he chord bears S 76°53'03" W a distance of 13.27 feet; thence N 01°16'05" W a distance of 107.01 feet to the True Point of Beginning County of Pitkin, State of Colorado S'rEWpRT TITLE GUARAN'1Y COMPANY FIRST AMENDMENT TO COVENANT IN ASSOCIATION WITH AMENDMENT OF 2006 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT ("FIRST COMPETITION") AWARDED TO THE INDEPENDENCE LAND, LLC PROPERTY This First Amendment is made on the _L day of u , 2009 by Theodore C. Skokos and Shannon B. Skokos, (collectively "Skokos") whose address is 2801 Turtle Creek Blvd., #6E, Dallas, TX 75219. RECITALS A. Skokos are the owners of the property located at 41 Popcorn Lane with Parcel ID No. 2737-283-00-~1-~? lying in Pitkin County, Colorado and described in Exhibit "A" ("Property"). B. Skokos' predecessor in title, Independence Land, LLC, entered into a certain Covenant in Association With The Pitkin County 2006 Rural Area Residential Growth Management Quota System Allotment ("First Competition") Awarded To The Independence Land, LLC property ("Covenant"). C. The Covenant is recorded as Reception No. 527855 of the records of Pitkin County Colorado. D. The Covenant contains six recitals on its first page, recitals 2, 3 and 4, of which are restated herein. E. The Covenant, in Section 1 of the body thereof, contained on Page 2 thereof, Independence Land, LLC, covenanted by a covenant running with the land that development of the property could not exceed in perpetuity 10,750 sq. fr. of floor area as calculated under the Pitkin County Land Use Code. F. Subsequent to having purchased the property from Independence Land, LLC, Skokos entered into a contract with the County for the purchase of a property adjoining the Property commonly known as the Wildwood Parcel (the "Wildwood Parcel Contract"). Under the Wildwood Parcel Contract the County and Skokos agreed that Skokos could apply for the use of a transferable development right ("TDR") allowing an additional 2,500 sq. fr. of development on the property for an aggregate of 13,250 sq. ft. G. Skokos has applied to the County to amend the 2006 Land Use Approval for the Property in order to allow the approval of the property as a TDR receiver site in order to increase the allowed development beyond the permitted 10,750 sq. fr. by an additional 2,500 sq. fr. for an aggregate of 13,250 sq. fr. which approval has been granted by the County by its Resolution No. o~S2009 (the "2009 Approval"). H. The County has required in connection with the 2009 Approval that Skokos amend the Covenant to reflect the modification to allow the additional square footage set forth in Recital G. above, and otherwise to ratify and confirm the provisions of the Covenant. RECEPTION#: 562590, 09/09/2009 at 09:14:56 AM, 1 OF 4, R $21.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE, Skokos hereby makes the following amendment as the First Amendment to the Covenant as follows: 1. Paragraph 1 of the Covenant as contained on Page 2 thereof is hereby deleted in its entirety and the following is substituted therefore: "1. DEVELOPMENT. ALLOWABLE INTENSITY: The maximum limit on floor area is hereby established at 13,250 sq. ft. as measured and calculated at the time of building permit issuance for the construction of a single family residence on the property. To ensure the efficacy of the floor area limitation the use and approval of transferable development rights ("TDRs") or future growth management allocations to exceed 13,250 sq. ft. of floor area on the Property is strictly prohibited. This covenant provides a guaranty running with the land for which Pitkin County is hereby named a beneficiary, pledging a perpetual commitment to this representation of intensity reduction." 2. The Covenants contained in Section 2 through 7 and 9 through 13 of the Covenant, inclusive, are hereby restated, ratified and confirmed. 3. Paragraph 8 of the Covenant is hereby amended to provide that any notice required to be made to the Owner (Skokos) shall be addressed as follows: Theodore C. Skokos Shannon B. Skokos 2801 Turtle Creek Blvd. #6E Dallas, TX 75219 With a copy to: Leonard M. Oates Oates, Knezevich, Gardenswartz & Kelly, P.C. 533 E. Hopkins Ave., 3`d Floor Aspen, CO 81611 Approved as to form: PITKI~N COUNTY COMMU`N`~hTn'Y DEVELOPMENT DEPARTMENT By 4~.nce C.1.~~2~~ ~ ~~i: k~. ,D ~~ ~~v Name Title SKOKOS: ~ •.z Theodore C. Skokos ~,- Shann B. os ACKNOWLEDGMENT ON FOLLOWING PAGE STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The. foregoing instrument was acknowledged before me this ~8'll-.aay of (~ • ~ _, 2009 by ~~~ C1~~ as ~s~.. 1?~~ , of the Pitkin Cou Y Community Development Department s~mq<,~ and official sea. r commissi~h xpires: tj CSC BONNIE L WAECHTLrR ;` ~1 ~nrnP. CY`VI7~P~ ~~{~%'~ Not Public °~..,, ... ,. az7' )ss. COUNTY OF,~ ) yyy~~~,,, The foregoing instrument was acknowledged before me this ~~day of 2009 by Theodore C. Skokos and Shannon B. Skokos. Witness my hand and official sea. My commission expires:~g~ Z '1 ~ ~ - ~ l,ti~~ Notary Public P~ ~w~ER ALTA OWNER'S POLICY E7'~IT A LEGAL DESCRIPTION Order No.: 45245 A parcel of land located in the SW Y. SW % of Section 28, Township 10 South, Range 84 West, 6t° Principle Meridian, Pitkin County, Colorado, also being in the parcel of land described in Reception No. 112127 of the Pitldn County Clerk and Recorder's Office being more particulariy described as follows: Beginning at the S 1116 Comer of Section 28 being a 1478 BLM Brass Cap found in place, whence the Southwest Section Comer of said Section 28 being a 1978 MLM Brass Cap bears S 00°44'48" W a distance of 1370,76 feet, this line being the Basis of Bearing for this legal description, thence N88°43' S5" E a distance of 205.36 feet along the North line of the SW `/. SW '/< of said Section 28 also being the North line of said Reception No. 112127; to the True Point of Beginning; thence N88°43'55" E a distance of 452.41 feet along the North line of the SW %< SW '/. of said Section 28 also being the North line of said Reception No. 112127 to the C-W-SW 1/64 Corner also being a 1978 BLM Brass Cap found in place; thence along the East line of said Reception No. 112127 the following four (4) courses: thence S 00°37'34" W a distance of 84.66 feet; thence S 68°05'00" E a distance of 60.45 feet; thence S 61°29'00" E a distance of 48.25 feet; thence S 12°45'00" E a distance of 23.62 feet to a point of the boundary of the White River National Forest, United States Department of Agriculture; thence along said White River National Forest boundary the following two (2) courses: S 12°45'00" E a distance of 7.42 feet; [hence S 07°34'00" E a distance of 78.98 feet; thence S 72°51'45" W a distance of 26.54 feet; thence 46.90 feet along the arc of a tangent curve to the left having a radius of 70.00 feet, an included angle of 38°23'09", and the chord beazs S 53°40' 10" W a distance of 46.02 feet; thence N 73°27' I S" W a distance of 65.11 feet; thence 26.00 feet along the azc of tangent curve to the right having a radius of 200.00 feet, an included angle of 07°26'59", and the chord bears N 69°43'45" W a distance of 25.99 feet; thence N 66°00' 16" W a distance of 50.39 feet; thence 32.61 feet along the azc of tangent curve to the left having a radius of 200.00 fee[, an included angle of 09°20'31", and the chord beazs N 70°40'31" W a distance of 32.57 feet; thence N 75°20'47" W a distance of 120.81 feet; thence 115.55 feet along the azc of a tangent curve to the right having a radius of 350.00 feet, an included angle of 18°54'58", and the chord bears N 65°53' 18" W a distance of 115.03 feet; thence 108.94 feet along the aze of a tangent curve [o the ]efr having a radius of 150.00 feet, an included angles of 41 °36'39", and the chord beazs N 77°14'09" W a distance of 106.56 feet; thence 13.29 feet along the arc of a tangent curve to the left having a radius of 75.00 feet, an included angle of 10°08'57", and the chord bears S 76°53'03" W a distance of 13.27 feet; thence N OI°16'05" W a distance of 107.01 feet to the True Point of Beginning County of Pitldn, State of Colorado STEWART TITLE GUARANTY COMPANY ~/J~ ~ 'aI ~'~i':1 ±; MEMORANDUM TO: Board of County Commissioners Regular Meeting -May 13, 2009 ~~,~~~ C1~ THRU: Cindy HoulSPn, Community Development Director FROM: Suzanne Wolff, Senior Planner RE: Skokos Special Review for TDR Receiver Site and Minor Amendment to Development Permit SUMMARY: The Applicant is requesting special review approval to utilize one TDR for additional floor area up to 13,250 square feet and to amend the prior approvals (special review and growth management) to allow floor area in excess of 10,750 square feet. The proposed residence will be constructed within the previously approved building envelope. The application was continued from April 22 at the request of the Applicant. It is staff s understanding that the Applicant will present drawings of the proposed residence at the meeting, but this information was not available in time to include in the packet. APPLICANT: Theodore and Shannon Skokos REPRESENTATIVE: Sunny Vann LOCATION: 41 Popcorn Lane ZONING/LOT SIZE: The parcel contains 2.178 acres and is a nonconforming size parcel in the AR-10 zone district. EXISTING CONDITIONS/BACKGROUND: The property contains an existing 2,000 square foot single family residence and a 600 square foot detached garage. The Planning and Zoning Commission granted 1041 hazard review approval for the existing residence pursuant to Resolution No. 83-25. At that time the property was identified as being within an avalanche hazard zone. The structures were designed to withstand the "design avalanche," as required by the approval. A building envelope was not established at that time. The Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay review, special review and GMQS exemption approval, pursuant to Determination No. 1 S BOOS. The approval established a building envelope, and designated the parcel a TDR receiver site to utilize two TDRs for additional floor area up to 10,750 square feet. The site plan was recorded in Plat Book 74 at Page 66. The building envelope is constrained by the 100 year floodplain and 20' setback from the Roaring Fork River to the northeast and red avalanche hazard to the north and west. The envelope is within the blue avalanche hazard area; mitigation of the hazard is required. The Applicant subsequently obtained a 5,000 square foot growth management allotment for additional floor area, pursuant to BOCC Resolution No. 046-2006, which allows up to 10,750 square feet of floor area without the use of TDRs. Commitments made as part of the growth management competition are memorialized in the Covenant recorded as Reception No. S278SS. The parcel has also been involved in several lot line adjustments with adjacent parcels; the most recent resulted in a decrease in the size of the parcel from 2.981 to 2.178 acres. C31' The BOCC granted an extension of vested rights to March 12, 2010, pursuant to Resolution No. 024-2008. The extension was granted to.allow the Applicant to pursue the purchase of an adjacent parcel (the "Wildwood Parcel"), which is the subject of a land swap between Pitkin County and the US Forest Service. The purchase agreement between the County and the Applicant is included in the application. The agreement includes the following provision: County further agrees that, notwithstanding any condition in prior land use approvals uffecting the Skokos Parcel, as of the date of execution oj'dhis contract, the County Land Use Code allows Skokos to apply for and be considered for the right to construct 2,500 square feet on the .Skokos Parcel by the use of transferable development rights, said 2,500 square feet to be in addition to that expressly authorized by prior Land Use Approvals. The County agrees to exercise good forth in consideration of said application for additional square footage. REFERRAL AGENCIES: The application was referred to the East Aspen Caucus and Open Space and Trails, but comments were not provided. STAFF COMMENTS: SPECIAL Revtt:w: Special Review approval is required to designate the property a TDR receiver site for one TDR for an additional 2,500 square feet, which would allow a total of 13,250 square feet of floor area. A. The special review use shall be consistent with the applicable County Master Plan. Response: The East of Aspen/Independence Pass Master Plan includes the following goals/objectives: • Permit home size above 5, 750 square feet in the Tagert Lake West NPA [includes the Popcorn/Dij~cult Lanes area] to parcels where visual and environmental quality can be maintained • Maintain the visual quality of the area, specifically from Highway 82. Given the constraints on the site -proximity to the Roaring Fork River and avalanche hazard areas - staff is concerned that a residence of 13,250 square feet would not maintain the "visual and environmental quality" of the area and would not be consistent with the goals of the Master Plan. The Applicant has not demonstrated how the impacts of 13,250 square fee[ of toor area would compare with [hose of the approved 10,750 square feet. The East Aspen Caucus did not provide comments on this application. B. The special review use shall not conflict with any applicable sectim7s ofthe Pidkin County Lund Use Code, including the County Land Use Policies in Chapter 1. Response: The proposed development does not conflict with the applicable provisions of the Code, as specified within [his memorandum, or with the County land use policies. The BOCC extended the vested rights to March 2010, and specified that the provisions of the Code in effect in 2005 "shall govern the development of the parcel during the period of vested rights..." Therefore, development is not subject to the new Code, which would require a 100' stream setback and site plan review. C'. The proposed development must not materially endanger the public health, safety or welfare. D. The proposed development must not substantially injure the vahre of adjoining or abutting property. Response: Staff has no information that would indicate that the development would endanger the public health, safety or welfare, or injure the value of adjacent properties. Z D. The special review use shall be consistent mith the intent of the Zone District in which it is proposed to be located. Response: Pursuant to Sec. 3-40-90(a) of [he Code, the AR-10 district "is intended to accommodate small scale agricultural activities and large-lot residential development that maintains [he rural character and appearance of the land... Residential development should be clustered and/or grouped at the edges of valleys or wooded areas in order to minimize the visual disruption of the natural landforms and to avoid the appearance of unrelated homes spread randomly across the land." Staff is concerned with the impact of the additional floor area on the character of the area, particularly given the constraints on the site. E. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposes{ for development and surrounding land uses, or shall enhance the mixture of complimentarn uses and activities in the immediate vicinity of the parcel proposed for development. Response: Existing residences in the surrounding area range from less than 1,000 square feet to 15,000 square feet (per the Assessor). • Four of the adjacent parcels (Popcorn/Difficult Lanes) have been designated 'fDR receiver sites in order to develop up to 8,250 square feet of floor area; three of the residences have been constructed and the TDRs extinguished. • One adjacent parcel on Popcorn Lane obtained a growth management allotment to develop up to 8,250 square feet of floor area; the residence has been constructed. • One adjacent parcel on Popcorn Lane obtained a growth management allotment to develop up to 10,750 square feet of Floor area, however, in that case the floor area is to be divided between two structures (an historic structure that has been expanded to contain approximately 3,200 square feet of floor area and a new residence). A permit was issued for the new residence in 2007; construction commenced but is not currently proceeding. • Two nearby parcels (east of Difficult Lane on Highway 82) obtained growth management allotments to develop up to 10,750 square feet of floor area; a permit was issued for one of the residences in 2008. One nearby parcel (south end of Wildwood Lane) was designated a TDR receiver site to develop up to 10,750 square feet of floor area; a permit was issued for the residence in 2008. • Two nearby residences (one on Difficult Lane; one across the highway) contain up to 15,000 square feet of floor area; these residences were approved and constructed prior to 2000, when TDRs or growth management allotments were not required to develop up to 15,000 square feet. • Additional floor area has been approved on other parcels in the East Aspen planning area: a growth management allotment was granted to one parcel to develop up to 10,750 square feet of floor area, and 7 parcels have been approved as "fDR receiver sites: 3 parcels to develop up to 8,250 square feet; 3 parcels to develop up to 10,750 square feet; and 1 parcel to develop up to 15,000 square feet. Staff finds Chat a residence of 13,250 square feet is not compatible with the character of the surrounding area and the size of recently approved/constructed residences in the surrounding area, particularly given the constraints on the site. Staff will present a map at the meeting. F The location, size, design and operating characteristics of the proposed special review :ese nurst be in harmony with the srnrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulatiar, n~affc generation, parking, !rush, service delivery, air/water pollution or other impacts on naturul resources, noise, vibrations and odor on surrounding properties. ~~ Response: The approved building envelope is 20' from the Roaring Fork River and within the blue avalanche hazard area. The Applicant has not provided any representations regarding the siting of proposed structures and other improvements (septic, well, avalanche hazard mitigation, etc.) or visual impacts as seen from the highway. Given the limited size of the building envelope and [he constraints on the site, staff questions whether a larger residence will "be in harmony with the surrounding area" or will minimize impacts on the environment. Staff would note that a house design was represented as part of the scenic overlay review in 2005. If the design of the house changes, staff must make a determination as to whether the new design is substantially consistent with the prior representations; if it is not substantially consistent, further scenic review will be required. G. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The property is accessed via an existing private road from Highway 82. An existing well will provide water and a new on-site wastewater system will be installed. The property is served by the Aspen Fire Protection District. No adverse impacts on Highway 82 or other public facilities and services are anticipated. K The proposed special review use must comply with anv adduionnl standards or re y:+irements stated for such use in Sea 4-30 and/or Sec. 2-~10-20. Response: No standards from Secs. 4-30 or 2-40-20 are applicable MINOR AMENDMENT: The Applicant proposes [o amend the prior approvals to allow for development of up to 13,250 square feet on the parcel. Hearing Officer Determination No. 15-2005 limits the floor area to 10,750 square feet. In addition, the Covenant recorded in association with the growth management allotment also specifically limits the maximum allowable floor area on the property to 10,750 square feet. The Applicant obtained two points in the growth management competition for limiting the floor area 10,750 square feet. The Applicant would have received a score of 0 in the category for a floor area of 13,250 square feet. However, even with this point reduction, the Applicant would have met the minimum threshold in the "Consistency with Land Use Goals" category and would still have exceeded the threshold score required for an allotment, and, therefore, would still have been eligible for the floor area allotment. Staff does not support the request to utilize one additional TDR to develop up to 13,250 square feet, and, therefore, does not support the request to amend the prior approvals. RECOMMENDATION: Staff recommends that the BOCC deny the Skokos Special Review and Minor Amendment, subject to the attached Resolution. Application provided separately y RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE SKOKOS SPECIAL REVIEW FOR TDR RECEIVER SITE AND MINOR AMENDMENT Resolution No. -2009 RECITALS 1) Theodore and Shannon Skokos (hereafter "Applicant") have applied to the Board of County Commissioners of Pitkin County ("BOCC") to obtain special review approval to utilize one TDR to develop up to a maximum floor area of 13,250 square feet and to amend the prior approvals (special review and growth management) to allow floor area in excess of 10,750 square feet. 2) The parcel is located at 41 Popcorn Lane, and is more specifically described in Exhibit A. 3) The parcel contains 2.178 acres and is a nonconforming size parcel in the AR-10 zone district. 4) The properly contains an existing 2,000 square foot single family residence and a 600 square foot detached garage. The Planning and Zoning Commission granted 1041 hazard review approval for the existing residence pursuant to Resolution No. 83-25. At that time the property was identified as being within an avalanche hazard zone. The structures were designed to withstand the "design avalanche," as required by the approval. A building envelope was not established at that time. 5) The Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay review, special review and GMQS exemption approval to redevelop the property, pursuant to Determination No. 15- 2005. The approval established a building envelope, and designated the parcel a TDR receiver site to utilize two TDRs for additional floor area up to 10,750 square feet. The site plan was recorded in Plat Book 74 at Page 66. The building envelope is constrained by the 100 year floodplain and 20' setback from the Roaring Fork River to the northeast and red avalanche hazard to the north and west. 'The envelope is within the blue avalanche hazard area; mitigation of the hazard is required. 6) The Applicant subsequently obtained a 5,000 square foot growth management allotment for additional floor area, pursuant to BOCC Resolution No. 046-2006, which allows up to 10,750 square feet of floor area without [he use of TDRs. Commitments made as part of the growth management competition are memorialized in the Covenant recorded as Reception No. 527855. The parcel has also been involved in several lot line adjustments with adjacent parcels; the most recent resulted in a decrease in the size of the parcel from 2.981 to 2.178 acres. 7) The BOCC granted an extension of vested rights to March 12, 2010, pursuant to Resolution No. 024- 2008. 8) The BOCC heard this application at a duly noticed public hearing on May 13, 2009, at which time evidence and testimony were presented with respect to [his application. 9) The BOCC finds that the request for use of one TDR for additional floor area up to 13,250 square feet does not comply with the special review criteria, as follows: A) 13,250 square feet of floor area is not compatible with the character of the surrounding area and the size of recently approved/constructed residences in the surrounding area, which have a maximum allowable floor area of 10,750 square feet. ~~ Resolution No. -2009 Page 2 B) The site is constrained by its proximity to the Roaring Fork River and avalanche hazard areas. The Applicant has not provided any representations regarding the siting of proposed structures and other improvements (septic, well, avalanche hazard mitigation, etc.) or visual impacts as seen from the highway, and, therefore, has not demonstrated that the larger residence will "be in harmony with the surrounding area" and will minimize impacts on the environment. 10) The BOCC further finds that it is not appropriate to amend the prior approvals to allow more than 10,750 square feet of floor area on the parcel. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby deny the Skokos Special Review for TDR Receiver Site and Minor Amendment, NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 22"d day of March, 2009. DENIED this 13'h day of May, 2009. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Patti Kay-Clapper, Chair ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: - ,Y~u~ ail Ci y Houben Community Development Director APPROVED AS TO FORM: John Ely County Attorney P004-09;P1D #73728300020 '~ MEMORANDUM TO: Board of County Commissioners Regular Meeting -April 22, 2009 ~e ~ Ct( THRU: Cindy Hou en, ommunity Development Director FROM: Suzanne Wolff, Senior Planner RE: Skokos Special Review for TDR Receiver Site and Minor Amendment to Development Permit SUMMARY: The Applicant is requesting special review approval to utilize one TDR for additional floor area up to 13,250 square feet and to amend the prior approvals (special review and growth management) to allow floor area in excess of 10,750 square feet. The proposed residence will be constructed within the previously approved building envelope. APPLICANT: Theodore and Shannon Skokos REPRESENTATIVE: Sunny Vann LOCATION: 41 Popcorn Lane ZONING/LOT SIZE: The parcel contains 2.178 acres and is a nonconforming size parcel in the AR-10 zone district. EXISTING CONDITIONS/BACKGROUND: The property contains an existing 2,000 square foot single family residence and a 600 squaze foot detached garage. The Planning and Zoning Commission granted 1041 hazard review approval for the existing residence pursuant to Resolution No. 83 ~5. At that time the property was identified as being within an avalanche hazard zone. The structures were designed to withstand the "design avalanche," as required by the approval. A building envelope was not established at that time. The Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay review, special review and GMQS exemption approval, pursuant to Determination No. 15-2005. The approval established a building envelope, and designated the parcel a TDR receiver site to utilize two TDRs for additional floor area up to 10,750 square feet. The site plan was recorded in Plat Book 74 at Page 66. The building envelope is constrained by the 100 year floodplain and 20' setback from the Roazing Fork River to the northeast and red avalanche hazard to the north and west. The envelope is within the blue avalanche hazard area; mitigation of the hazard is required. The Applicant subsequently obtained a 5,000 square foot growth management allotment for additional floor area, pursuant to BOCC Resolution No. 046-2006, which allows up to 10,750 square feet of floor area without the use of TDRs. Commitments made as part of the growth management competition are memorialized in the Covenant recorded as Reception No. 527855. The parcel has also been involved in several lot line adjustments with adjacent parcels; the most recent resulted in a decrease in the size of the pazcel from 2.981 to 2.178 acres. The BOCC granted an extension of vested rights to March 12, 20] 0, pursuant to Resolution No. 024-2008. The extension was granted to allow the Applicant to pursue the purchase of an adjacent parcel (the "Wildwood Parcel"), which is the subject of a land swap between Pitkin County and the US Forest Service. The purchase ~1~~;`;O1 0~ lD agreement between the County and the Applicant is included in the application. The agreement includes the following provision: County further agrees that, notwithstanding any condition in prior land use approvals affecting the Skokos Parcel, as of the date of execution of this contract, the County Land Use Code allows Skokos to apply for and be considered for the right to construct 2, S00 square feet on the Skokos Parcel by the use of transferable development rights, said 2, 500 square feet to be in addition to that expressly authorized by prior Land Use Approvals. The County agrees to exercise good faith in consideration of said application for additiatal square footage. REFERRAL AGENCIES: The application was referred to the East Aspen Caucus and Open Space and Trails, but comments were not provided. STAFF COMMENTS: SPECIAL REVIEW: Special Review approval is required to designate the property a TDR receiver site for one TDR for an additional 2,500 square feet, which would allow a total of 13,250 square feet of floor area. A. The special review use shall be consistent with the applicable County Master Plan. Response: The East of Aspen/Independence Pass Master Plan includes the following goals/objectives: • Permit home size above S, 750 square feet in the Tagert Lake West NPA [includes thcr Popcorn/Diffcult Lanes area) to parcels where visual and environmental quality can be maintained • Maintain the visual quality of the area, specifically from Highway 82. Given the constraints on the site -proximity to the Roaring Fork River and avalanche hazard areas - staff is concerned that a residence of 13,250 square feet would not maintain the "visual and environmental quality" of the area and would not be consistent with the goals of the Master Plan. The Applicant has not demonstrated how the impacts of 13,250 square feet of floor area would compare with those of the approved 10,750 square feet. The East Aspen Caucus did not provide comments on this application. B. The special review use shall not conjict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The proposed development does not conflict with the applicable provisions of the' Code, as specified within this memorandum, or with the County land use policies. The BOCC extended the vested rights to March 2010, and specified that the provisions of the Code in effect in 2005 "shall govern the development of the parcel during the period of vested rights..." Therefore, development is not subject to the new Code, which would require a 100' stream setback and site plan review. C The proposed development must not materially endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the development would endanger the public health, safety or welfare, or injure the value of adjacent properties. D. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be docated. Response: Pursuant to Sec. 3-40-90(a) of the Code, the AR-10 district "is intended to accommodate small scale agricultural activities and large-lot residential development that maintains the rural character and appearance of the land... Residential development should be clustered and/or grouped at the edges of valleys or wooded areas in order to minimize the visual disruption of the natural landforms and to avoid the appearance of unrelated homes spread randomly across the land." Staff is concerned with the impact of the additional floor area on the character of the area, particularly given the constraints on the site. E. The special review :ese shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: Existing residences in the surrounding area range from less than 1,000 square feet to 15,000 squaze feet (per the Assessor). • Four of the adjacent parcels (Popcorn/Difficult Lanes) have been designated TDR receiver sites in order to develop up to 8,250 square feet of floor area; three of the residences have been constructed and the TDRs extinguished. • One adjacent parcel on Popcorn Lane obtained a growth management allotment to develop up to 8,250 square feet of floor area; the residence has been constructed. • One adjacent parcel on Popcorn Lane obtained a growth management allotment to develop up to 10,750 square feet of floor area, however, in that case the floor area is to be divided between two struchires (an historic structure that has been expanded to contain approximately 3,200 square feet of floor area and a new residence). A permit was issued for the new residence in 2007; construction commenced but is not currently proceeding. • Two nearby parcels (east of Difficult Lane on Highway 82) obtained growth management allotments to develop up to 10,750 square feet of floor area; a permit was issued for one of the residences in 2008. One nearby parcel (south end of Wildwood Lane) was designated a TDR receiver site to develop up to 10,750 square feet of floor area; a permit was issued for the residence in 2008. • Two nearby residences (one on Difficult Lane; one across the highway) contain up to 15,000 square feet of floor azea; these residences were approved and constructed prior to 2000, when TDRs or growth management allotments were not required to develop up to 15,000 square feet. • Additional floor area has been approved on other parcels in the East Aspen planning area: a growth management allotment was granted to one pace) to develop up to 10,750 square feet of floor area, and 7 parcels have been approved as TDR receiver sites: 3 parcels to develop up to 8,250 square feet; 3 parcels to develop up to 10,750 squaze feet; and 1 parcel to develop up to ] 5,000 square feet. Staff finds that a residence of 13,250 squaze feet is not compatible with the character of the surrounding area and the size of recently approved/constructed residences in the sunrounding area, particularly given the constraints on the site. Staff will present a map at the meeting. F The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The approved building envelope is 20' from the Roaring Fork River and within the blue avalanche hazard area. The Applicant has not provided any representations regarding the siting of proposed structures and other improvements (septic, well, avalanche hazard mitigation, etc.) or visual impacts as seers from the highway. `?~v1'Q~ Given the limited size of the building envelope and the constraints on the site, staff questions whether a larger residence will "be in harmony with the surrounding area" or will minimize impacts on the em~ironment. Staff would note that a house design was represented as part of the scenic overlay review in 2005. If the design of the house changes, staff must make a determination as to whether the new design is substantially consistent with the prior representations; if it is not substantially consistent, further scenic review will be required. G. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The property is accessed via an existing private road from Highway 82. An exisling well will provide water and a new on-site wastewater system will be installed. The property is served by the Aspen Fire Protection District. No adverse impacts on Highway 82 or other public facilities and services are anticipated. H. The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20. Response: No standards from Secs. 4-30 or 2-40-20 are applicable MINOR AMENDMENT: The Applicant proposes to amend the prior approvals to allow for development of up to 13,250 square feet on the parcel. Hearing Officer Determination No. 15-2005 limits the floor area to 10,750 square feet. In addition, the Covenant recorded in association with the gowth management allotment also specifically limits [he maximum allowable floor area on the property to 10,750 squaze feet. The Applicant obtained two points in the growth management competition for limiting the floor area 10,750 square feet. The Applicant would have received a score of 0 in the category for a floor area of 13,250 square feet. However, even with this point reduction, the Applicant would have met the minimum threshold in the "Consistency with Land Use Goals" category and would still have exceeded the threshold score required for an allotment, and, therefore, would still have been eligible for the floor area allotment. Staff does not support the request to utilize one additional TDR to develop up to 13,250 square feet, and, therefore, does not support the request to amend the prior approvals. RECOMMENDATION: Staff recommends that [he BOCC deny the Skokos Special Review and Minor Amendment, subject to the attached Resolution. Application provided separately ~1,~ui;~~z RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE SKOKOS SPECIAL REVIEW FOR TDR RECEIVER SITE AND MINOR AMENDMENT Resolution No. -2009 RECITALS 1) Theodore and Shannon Skokos (hereafter "Applicant") have applied to the Board of County Commissioners of Pitkin County ("BOCC") to obtain special review approval to utilize one TDR to develop up to a maximum floor area of 13,250 square feet and to amend the prior approvals (special review and growth management) to allow floor area in excess of 10,750 square feet. 2) The parcel is located at 41 Popcorn Lane, and is more specifically described in Exhibit A. 3) The parcel contains 2.178 acres and is a nonconforming size parcel in the AR-10 zone district. 4) The property contains an existing 2,000 square foot single family residence and a 600 square foot detached garage. The Planning and Zoning Commission granted 1041 hazard review approval for the existing residence pursuant to Resolution No. 83-25. At that time the property was identified as being within an avalanche hazard zone. The structures were designed to withstand the "design avalanche," as required by the approval. A building envelope was not. established at that time. 5) The Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay review, special review and GMQS exemption approval to redevelop the property, pursuant to Determination No. 15- 2005. The approval established a building envelope, and designated the parcel a TDR receiver site to utilize two TDRs for additional floor area up to 10,750 square feet. The site plan was recorded in Plat Book 74 at Page 66. The building envelope is constrained by the 100 year floodplain and 20' setback from the Roaring Fork River to the northeast and red avalanche hazard to the north and west. The envelope is within the blue avalanche hazard area; mitigation of the hazard is required. 6) The Applicant subsequently obtained a 5,000 square foot growth management allotment for additional floor area, pursuant to BOCC Resolution No. 046-2006, which allows up to 10,750 square feet of floor area without the use of TDRs. Commitments made as part of the growth management competition are memorialized in the Covenant recorded as Reception No. 527855. The parcel has also been involved in several lot line adjustments with adjacent parcels; the most recent resulted in a decrease in [he size of the parcel from 2.981 to 2.178 acres. 7) The BOCC granted an extension of vested rights to March 12, 2010, pursuant to Resolution No. 024- zoos. 8) The BOCC heard this application at a duly noticed public hearing on April 22, 2009, at which time evidence and testimony were presented with respect to this application. 9) The BOCC finds that the request for use of one TDR for additional floor area up to 13,250 square feet does not comply with the special review criteria, as follows: A) 13,250 square feet of floor area is not compatible with the character of the surrounding area and the size of recently approved/constructed residences in the surrounding area, which have a maximum allowable floor area of 10,750 square feet. ~ ~v ~o~ Resolution No. _-2009 Page 2 B) The site is constrained by its proximity to the Roaring Fork River and avalanche hazard areas. The Applicant has not provided any representations regarding the siting of proposed structures and other improvements (septic, well, avalanche hazard mitigation, etc.) or visual impacts as seen from the highway, and, therefore, has not demonstrated that the larger residence will "be in harmony with the surrounding area" and will minimize impacts on the environment. 10) The BOCC further finds that it is not appropriate to amend the prior approvals to allow more than 10,750 square feet of floor area on the parcel. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby deny the Skokos Special Review for TDR Receiver Site and Minor Amendment, NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 22"d day of March, 2009. DENIED this 22"d day of April, 2009. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: ~ c_,> Cin y ouben Community Development Director BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Patti Kay-Clapper, Chair APPROVED AS TO FORM: John Ely County Attorney P004-09;PID #73728300020 it J ~.. lS ~t R VANN ASSOCIATES, LLC Planning Consultants January 12, 2009 HAND DELIVERED Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Skokos Transferrable Development Rights Application Dear Suzanne: Please consider this letter an application for special review approval and a growth management quota system ("GMQS") exemption to designate a parcel of land located at 41 Popcorn Lane in the unincorporated area of Pitkin County as a receiver site for one transferrable development right ("TDR"). The application also requests approval for a minor amendment to a development permit to allow the use of the requested TDR on the parcel in question (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Sections 2-20-I50(b), 2-30-30(h) and 6-30- 50(b)(2) of the Pitkin County Land Use Code (the "Code") by Theodore C. Skokos and Shannon B. Skokos, hereinafter "Applicant". Proof of ownership of the property is evidenced in the attached Title Insurance Policy (see Exhibit 2). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. An executed application fee agreement and a list of adjacent property owners are attached as Exhibits 4 and 5, respectively. Project Site The project site consists of a legally created metes and bounds parcel (Parcel ID{t 273728300610) containing approximately 2.2 acres. The parcel is located approxi- mately three and one-half miles east of Aspen in the "Rural Area" of Pitkin County and is situated on the west side of the Roaring Fork River and Highway 82. Existing improvements include an approximately 2,000 square foot single-family residence and a small detached garage. The parcel is zoned AR-10, Agricultural/Residential - 10 Acre. As a result, the parcel is by definition a substandard size lot. 230 East Hopkins Ave. Aspen. Colorado 81611 ~ ?25-p o-~~ ~ ; ~. ~i ;q'o 9=1~' ~OcI~J~ 1. ~ ~ b2 A Ms. Suzanne Wolff January 12, 2008 Page 2 Prior Land Use Approvals In 1983, the Planning and Zoning Commission granted 1041 hazard review approval for the construction of the property's existing single-family residence. A second 1041 hazard review approval was granted by the County's Hearing Officer in 2005 for the replacement of the residence. Conceptual submission, scenic overlay review, special review and a GMQS exemption were also granted in connection with the 2005 hazard review approval. The various approval conditions were memorialized in Hearing Officer Determination No. 15-2005 (see Exhibit 6) and a 1041 Hazard Review Site Plan was recorded in Plat Book 74 at Page 66 (see Exhibit 7). The special review and GMQS exemption approvals permitted the transfer of two TDRs to the property and resulted in an allowable floor area for the replacement residence of 10,750 square feet. The approvals were vested until May 17, 2008. In April of 2006, the Board of County Commissioners ("BOCC") awarded a 5,000 square foot residential GMQS allocation to the then owner of the property (see Exhibit 8, BOCC Resolution No. 046-2006). The GMQS allocation effectively negated the prior requirement that the owner of the property acquire two TDRs in order to construct the proposed 10,750 square foot replacement residence. The various representations and commitments made in the GMQS application were subsequently memorialized in a covenant which was recorded in August of 2006 (see Exhibit 9). It should be noted that paragraph 1 of the covenant specifically limited the maximum allowable floor area on the property to 10,750 square feet. The May 17, 2008 expiration date for the vested rights granted in connection with the 2005 land use approvals was extended until March 12, 2010 pursuant to BOCC Resolution No. 024-2008 (see Exhibit 10). The extension was requested to allow the Applicant, who acquired the property in September of 2006, to pursue the purchase of an adjacent parcel (referred to as the "Wildwood Parcel") which is the subject of a pending land swap between Pitkin County Open Space and Trails and the U.S. Forest Service. Various provisions relating to the Applicant's acquisition of the Wildwood Parcel from the County are memorialized in a purchase agreement, a copy of which is attached as Exhibit 11. Please note that paragraph 4 of the Wildwood Parcel purchase agreement specifically states that the Applicant may request approval to utilize a TDR to expand the previ- ously approved floor area of the replacement residence from 10,750 square feet to 13,250 square feet. The ability to further expand the size of the replacement resi- dence was agreed to notwithstanding the floor area limitation imposed in connection with the property's prior receipt of 1041 hazard review approval and a GMQS allocation, and its memorialization in the 2006 covenant. The County also agreed to ~oo~~z Ms. Suzanne Wolff January 12, 2008 Page 3 exercise good faith in its consideration of the Applicant's request for the addition floor area. Proposed Development The Applicant proposes to expand allowable floor area of the replacement residence on the project site from 10,750 square feet to 13,250 square feet as provided for in the Wildwood Parcel purchase agreement. The replacement residence will be constructed within the previously approved building envelope which is depicted on the recorded 1041 hazard review site plan. The residence will be constructed in compli- ance with the conditions of the 2005 hazard review approval and the covenant that was recorded in 2006 in connection with the receipt of the GMQS allocation. With the exception of the approvals requested in this application, no further land use approvals are believed to be required prior to construction of the replacement resi- dence. Please note that condition number 3 of BOCC Resolution No. 024-2008 specifically states that the development of the project site shall be governed by the Land Use Code in effect at the time of the 2005 hazard review approval for the duration of the vested rights extension. As a result, site plan review, and compliance with various regulatory provisions which have been adopted since the 2005 approval, will not be required. Review Requirements A. Minor Amendment to a Development Permit Condition number 5 of Hearing Officer Determination No. 15-2005 limited the floor area of the replacement residence on the project site to 10,750 square feet. As the Wildwood Parcel purchase agreement permits a maximum allowable floor area of 13,250 square feet, an amendment to the prior approval is required. Pursuant to Section 2-20-150(b) of the Code, a minor amendment to a development permit may be approved by the Community Development Director subject to compliance with the following criteria. 1. The amendment is consistent with action(s) taken during previous development approvals for the property. The proposed increase in allowable floor area is consistent with the terms of the Applicant's Wildwood Parcel purchase agreement which has been accepted by the County. ~~ij~~C? ~~Yi;~ ~'~it Ms. Suzanne Wolff January 12, 2008 Page 4 2. The amendment does not change the use of the proposed development between residential, commercial and tourist accommodation uses. The proposed increase in allowable floor area will not change the use of the proposed development. 3. The amendment does not change the basic character of the approved use of the land on which the activity occurs, including basic visual appearance and method of operation. The proposed increase in allowable floor area will not change the basic character of the approval use of the project site. 4. The amendment does not constitute a new land development activity. No new land development activity is proposed. 5. The amendment does not increase off-site impacts in the surrounding neighborhood. The proposed increase in allowable floor area will not increase off-site impacts in the surrounding neighborhood. 6. The amendment does not endanger the public health, safety or welfare. The proposed increase in allowable floor area will not endanger the public health, safety or welfare. dard. 7. The amendment does not violate and Land Use Code stan- As discussed previously, condition number 3 of BOCC Resolution No. 024-2008, which extended the vested rights expiration date of the 2005 hazard review approval until March 12, 2010, specifically states that the development of the project site shall be governed by the Land Use Code in effect at the time of the 2005 approval for the duration of the vested rights extension. The proposed increase in allowable floor area will not violate any Code standard as development of the project site will occur in compliance with the regulations in effect at the time of the 2005 approval and the conditions imposed in connection therewith. Ms. Suzanne Wolff January 12, 2008 Page 5 8. The amendment does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation. The proposed increase in allowable floor area will not substantially increase the need for on-site parking or utilities, or affect affordable housing genera- tion. 9. The amendment does not increase the floor area of the use by more that five (5) percent or decrease the open space on the site by more than five (5) percent. While the proposed increase in allowable floor area will exceed five (5) percent, the additional floor area was agreed to in principal by the BOCC in the Wildwood Parcel purchase agreement subject only to the Applicant's submission of an acceptable TDR application. As the project site's prior floor area limitation of 10,750 square feet is also memorialized in the 2006 covenant, the Applicant will record an amendment to the original covenant which increases the allowable floor area to 13,250 square feet. A draft First Amendment to Covenants is attached hereto as Exhibit 12. B. Special Review for a TDR Receiver Site Pursuant to Section 6-30-50(b)(2)(b) of the Code, special review approval is required to designate the project site as a TDR receiver site for additional floor area. The applicable special review criteria, which are contained in Section 2-30-30(h)(2), and the proposed increase in allowable floor area's compliance therewith, are summa- rized below. 1. The special review use shall be consistent with the applicable County Master Plan. To the best of the Applicant's knowledge, the proposed increase in allowable floor area is consistent with all applicable provisions of the East of Aspen/ Independence Pass Master Plan. The Master Plan's Tagert West Planning Area includes agoal/objective which permits home sizes above 5,750 square feet on parcels where visual and environmental quality can be maintained. Two TDR were previous- ly approved for transfer to the project site in 2005, and the staff review of the 2006 GMQS request for additional floor area specifically states that the application complies with this goal/objective. .)Pv~;~~Q~J Ms. Suzanne Wolff January 12, 2008 Page 6 2. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. See review criteria A.7., above. 3. The proposed development must not materially endanger the public health, safety or welfare. The proposed increase in allowable floor area will have no material effect on the public health, safety or welfare. 4. The proposed development must not substantially injure the value of adjoining or abutting property. The proposed increase in allowable floor area will not substantially injure the value of any adjoining or abutting property. The project site's existing building envelope will be retained as previously approved. 5. The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. The proposed increase in allowable floor area is consistent with the intent of the AR-10 zone district. The resulting floor area of 13,250 square feet is less than the district's maximum allowable floor area of 15,000 square feet. 6. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The proposed increase in allowable floor area is consistent with the character of existing land uses in the immediate site area. 7. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/wa- ter pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Ms. Suzanne Wolff January 12, 2008 Page 7 The single-family residence to be constructed on the project site is compatible with neighboring development and the areas' roads and utilities are adequate to serve the residence. No adverse impacts on surrounding properties are anticipated. 8. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools. Existing roads in the vicinity of the project site are adequate to serve the proposed increase in allowable floor area. Existing utilities are either adequate or may be easily upgraded as may be required. All costs associated with any required utility upgrades with be borne by the Applicant. No adverse impact on the public road system; the community's police, fire and emergency medical service; or school and hospital facilities is anticipated. 9. The proposed special review use must comply with any additional standards or requirements stated for such use in Section 4-30 and/or Section 2-40-20. The proposed increase in allowable floor area complies with the applicable requirements of Sections 4-30 and 2-40-20. 10. If a Special Review Use ceases or its permitted time period ends, all uses and structures must immediately be brought into conformance with the underlying zone district regulations. If cessation of operation is due to demolition or destruction through any manner not willfully accomplished by the owner, uses/structures may be restored as of right pursuant Section 9-30-70 of the Land Use Code. No response to this criteria is required. C. GMQS Exemption for Additional Floor Area Using TDRs Pursuant to Section 6-30-50(b)(2)(b) of the Code, additional floor area on a lot or parcel within the Rura[ Area may be exempted from the growth management quota system ("GMQS") through the use of TDRs as provided for in Section 6-70-40(b) subject to the receipt of special review approval. Section 6-70-40(b) permits TDRs from any sending site in the County to be used on any receiving site in the County ex- cept as limited by Table 6-12. Table 6-12 expressly permits TDRs to be used to ~„'.; C '? Ms. Suzanne Wolff January 12, 2008 Page 8 increase house size to the maximum permitted on properties located within the AR-10 zone district. As the maximum allowable floor area in the AR-10 zone district is 15,000 square feet, and the Applicant proposes to limit the floor area on the project site to 13,250 square feet, the requested floor area increase complies with the require- ments of Section 6-70-40(b). The proposed floor area increase's compliance with the Code's special review criteria is discussed in paragraph B, above. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application would be sincerely appreciated. Yours truly, VANN~SSOCIATES, LLC AICP SV:cwv cc: Theodore C. Skokos and Shannon B. Skokos Leonard Oates, Esq. d:\oldc\bus\county.app\app54008.tdr ~L';!~' C PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 LOCATION: 41 Popcorn Lane PARCEL ID #s: 273728300020 EXHIBIT ~- DATE: 12/3/08 E-MAIL: suzannew(a~co.pitkin.co us ZONE: AR-10 LOT SIZE: 2.178 acres OWNERS/APPLICANTS: Theodore and Shannon Skokos REPRESENTATIVE: Sunny Vann EMAIL: vannassociates@comcast.net Type of Application: Special Review for TDR Receiver Site and Amendment to Development Permit Description of ProjecUDevelopment: The Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay review, special review and GMOS exemption approval, pursuant to Determination No. 15-2005. The approval established a building envelope, and designated the parcel a TDR receiver site to utilize TDRs for additional floor area up to 10,750 square feet. The site plan was recorded in Plat Book 74 at Page 66. The Applicant subsequently obtained a 5,000 square foot growth management allotment for additional floor area, which allows up to 10,750 square feet of floor area (BOCC Resolution No. 046-2006). To allow more than 10,750 square feet of floor area, the Applicant shall amend condition #5 of Determination No. 15-2005 and the representations made in the growth management application regarding limiting the floor area to no more than 10,750 square feet. Land Use Code Sections to address in letter of requesUapplication: 2-20-150. b: Minor Amendment to Development Permit - 2-30-30(h): Special Review Criteria for TDR Receiver Site; 6-30-50(b)(2): GMOS exemption for Additional Floor Area using TDRs Review by: Hearing Officer Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy 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 appeared no more than 60 days prior to the date of the public hearing. Staff will refer to: East Aspen Caucus, Open Space & Trails FEES: $2,075 (make check payable to "Pitkin County Treasurer") y $1,996 Planning flat fee (non-refundable; based on 8 hours of staff time; if staff review time exceeds 9.6 hours, the Applicant will be charged for additional time in excess of 8 hours at a rate of $249/hour) :- $54 Public notice $25 Web Technology Fee To apply, submit 4 copies of the following information, unless noted otherwise: 1. Letter of request, addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Copies of prior approvals; n~~~~i P e J J l 3. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 4. 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 of the 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. 5. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form attached); 7. List of adjacent property owners and mineral estate owners (1 copy); and 8. This Pre-Application Conference Summary Sheet. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). - ALL MAPS SHALL BE FOLDED. - 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. J Vi'i', I.lt~ ALTAOWNER'S POLICY-10-17-92 ~ F POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND S'fIPULATTONS, STEWART TITLE GUARANTY COMPANY a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incuured by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access [o and firm the land The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Dale of Policy shown in Schedule A. ~r COUrrterslgntd: STEWART TITLE GUARANTY COMPANY . tt~~ cup ~:~ ..: ; ;rg ~~0a'Qjo~a *_ I0,< a`i'r. 1 :OB e T[Uf i ~~...,a..a aL1v~ Authorized C mtersignature Stewart Title of Colorado, Inc. -Aspen Division (970) 925-3577 620 East Hopkins Avenue Aspen, CO 61611 The following natters arc expressly excluded from the Eovaage osthpis poSjic~dM Comp~a'n~lGnot pay loss ar dame which arise by reason of ge, costs, attorneys' Ce<s or exprnses 1. (a) My law, ordinance or govanmenml regulation (irrduding but not limited [o building and zoning laws, ordinances, or regulations) ratriceng, ¢gulaeng, prohibiting or rclaeng to (i) [he oc an cup ry, ttu, or rnjoymrnt of the land; (ii) the chaneter, dimrnsions or location of any improvemrnt now or haca0a accred on the land; (iii) a sepantion in ownership or a change in the dimensions or arcs of the land or any pamd of which the lend is or was a part; or (iv) rnvimnmrntal protection, or the effect of arty vioFalion of Ueu laws, ordinance ar govenmrntal rcgula[iem, except to the extrnt that a noes oC the rnfarcemrnt thereof ar a notice of a defer; lien or rncumbrance rauleng fmm a violation or alleged violation affxeng the land has bern recorded in the public words at Date of Policy. (b) My governmental pofice power not excluded by (a) above, exetpt to Ore ex[rnt that a rrohce oC the exorcist thereof or a notice of a defect, lirn or encumbnn<e resulting fmm a violation or a0eged violation atfeceng the land haz been recorded in the public records a[ Date of Pohcy. 2. Rights of eminrnt domain unless notice of the exercise thereof hu bear recorded in the public records a[ Dam of policy, but net excluding from coveage any Taking which has occurred prior m Dale of Policy which would be binding on the rights of a purchase for value without knowledge. 3. Defects, liras, rncumbnnces, adverse claims or afhe matters: (a) elated, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public words at Date oC policy, but known b the insured claimant and not disclosed in writing to the Company by the inst(red claimant prior m the doh the insured clairtnn[ became an insumd undo this policy; (c) resulting in no lass or damage !o Ih msum4 claimant; (d) attaching or created subsequent to Dam oCPoliry; or (e) resulting in loss or damage which would no[ have born sustained if the insured daimsnt had paid value far the esfah or intact insured by this policy. Serial No. 0-9701-1690325 Pa e 1 of4 ALTA OWNER'S POLICY 10-17-92 :~~"s? 1 i 4. Any claim, which arises out of Ne transaction vesting in the lnsured the estate or intact insured b This bankruptcy, sbte insolvrncy, or similar creditors' rights laws, Na[ is based on: y Policy, by reuon of the operation of federal (a) the transaction cratlng the able or interest insured by this policy being deemed a fiaudulrn[ conveyance or fraudulart transfer; or from the bclure~a (i) to Nrtxtrly record Ne nstmmrn[ of transfer, hot p ntoof such rata datlonrto irrWtart notice to a purchaser for va tie or aau~fa mulls creditor. (..) 1 groan[ or lirn CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following lertns whrn used in this policy nrcan: (a) "insured": the insured named in Schedule A, and, subjat N any rights or deftnsa the Company would have had against the named insured, those who succeed m the interest of the named insured by operation of law az distinguished from purohaze including, but not limited to, heirs, disMbu[ees, devisees, surviwrs, personal rtpresenblivu, next of kin, or corporate or fiduciary suaessors. (b) "insured claimant": an insured claiming lass mr damage. (°) "knowkdgi' tx "Imown": actual krwwkdgq no[ constructive knowledge or notice which may be imputed to an insured by reason of the public raord5 as defined in this policy or any other raortls which impart crostructve notice of matter; affecting Ne land. (d)'land": the land described or refemd to in Schedule A, and improvateuu aitxed Nercto which by law cmrutilute real property, The lertn "land" does not include any property btyond [he lines of Ne era described or retested to in Schedule [A)[C], nor any right, tl[le, intesu[, orate or wstmrnt in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent m which a right of asses N and from the land is insured by this policy. (e) "tmrtgag2' mortgage, deed of Wst, trust deed, or other security instrumrnt (U'yrublic records"; records established under stile abN4s at Dale of Policy for the purpose of itrtparting cotuWCtivc notice of matters relating to real property to purchuers for value and without knowledge With respat tv Sation I(a)(iv) of the Exclusions Fmm Covaage,'publictecords" shall also include environmental proration liens filed in Nc records of the clerk of the United State district Court for the district in which the land is located. (g) "unmarketability of the title'": an alleged or apparent matter attesting the title to the land, not excluded or excepted from coverage, which would entitle a purchaza of the estate or interest described in Schedule A to be released requiring the delivery of marketable titles from ilia obligation to purchue by virtue of a contractual condition 2. CONTINUATION OF INSURANCE AFTER CONYEYANCE OF TITLE. The wverage of this policy shall continue in force at of Date of Policy in favor of an insured only so long az the insured rebins an estate or interest in the IoM, or holds an indebtedness secured by a purchaze money mortgage giver by a purchaser from the insured, or only so long az Ne insured shall have liability by reason of covenants of wartanty made by the insured in any transfer or conveyance of dte estate or interest. This policy shall not continue in force in favor of any purchases from the insured of either (i) an ubte or interest in the hnd, or (ii) an indebtedness soured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIt11M1'('. The insured shall notify the Cortmany promptly in writing (i) in Gaze o(any litgatron az set forth in Sectlon 4(a) below, (i) in caze knowledge shall come to an inured hereunder of any claim o(title or interest which is adverse b the title b [he esut< or interest, u insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the orate or interut, as insured, is rejated as unmarketable. ](prompt notice shall not be givrn to the Company, thrn as to Ne insured all liability oC the Company shall tertrtinete with regard W the matter or matters for which prom[ notice is required; provided, however, that failutt to notify ilia Company shall in no case prejudice the rights of any insured under this polity unless the Company shall tie prejudiced by the failure and then only m the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT T000OPERATE- (a) Upon writtrn ragout by the insured and subjat to the options conuined in Sa[ion 6 of these Conditions and Stipulations, Ne Company, at i6 own cost and without unreasonable delay, shall provide for the defrnse of an insured in litgatron in which any third party asserts a claim adverse N the title or intern[ as insured, but only u to those sated cause of action alleging a detest, lirn or encuMmnce or other nutter insured against by this policy. The Company shall have the right [o elect counul oC its choice (subjat [o Nc right of the insured m objal for reasonable cause) b represrn[ the insured u W those stated cauus of action and shall no[ be liable for and will not pay the feu o(any other wunsel. The Company will no[ pay any fees, costs or ezprnsa intoned by the insured in the deCrnu of (hose cauus vfutron which allege matters not insured against by this policy. (b) The Company shall have the right. at its own cost, N instimk and prosauk any action or proceeding or m do any other act which in its opinion may be necessary or desirable [o esablish Ne title N the uate or interest, az insured, or to prevent or reduce bss or damage to the inured. The Company may take any appropriate action under the lcrrtss of this policy, whether or not it shall be liable hatundes, and shall not thereby concede liability or waive any provision of This policy. Ifthe Company shall exercise its rights under Nis pangnph, i[ shall do so diligrn[ly. (e) Whrneves the Company shall have brought an action or interposed n defense as required or permitted by the provisions of this policy, Ne Company may pursue any litigation to final determination by a court of competrntjurisdiction and expressly tome Ne right, in its sole disemtion, m appeal from any advasejudgmrnt or order. (d) ]n ail Gazes where Nis policy perrnih or requires Ne Company b prosaute or provide for the defense of any action or procading, Ne insured shall saute to the Company the right to so prosecute or provide deCrns< in Ne action or proceeding, and all appeals [herein, and Perri[ the Company to use, al its option, [he name of Ne insured for Nis purposes. Whenever requested by the Company, Ne insured, at Ne Company's expense, shall give Ne Company ail reasonable aid (i) in any action or proceeding, souring evidence, obtaining wimasu, prosecuting or defending Ne actor or proceeding, or effacing settlement, and (ii) in any o[ha lawful act which in Ne opinion o(Ne Company may be necessary or desirable to ubblish Ne title to Ne able or interest as insured. If the Company it prejudiced by Ne failure of ilia insured to famish the required cooperation, Ne Company's obligations to Ne insured under Ne policy shall tertnina[e, including any liability or obligation to defrnd, prosaute, or continue any litigation, wiN regard to Ne matter or mattes requiring such coopenfion. Series! No. 0-9701-1690325 Paget of4 ALTA OWNER'S POLICY I0-17-92 9 ~4 ~v 0:~ 7 5. PROOF OF LOSS OR DAMAGE. N addition b and after the notices required undo Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn m by the insured claimant shall be famished to the Company within 90 days aRer the insured claimant shall asceRain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lirn or rncumbnntt on the title, or other matkr insured against by this policy which constitutes the basis of loss err damage end shall stale, to the extrnt possible, the basis of calwlating the amount of the loss or dannge If the Company is prejudiced by the failure of the insured claimant to provide the rrquired proof of Toss or damage, the Corrryany's obligations m the insured uncles the policy shall terminate, mtluding any liability or obligation to defrnd, prosecuk, or continue any litigation, with regard m the matttt or matters requmng wch proof of loss or damage, N addition, the insured claimant may reasonably be required to submit m examination undtt oath by any authorized reprarntaEve of the Corryany and shall produce for examination, inspection and copying, at such reazomble tunes and place az may be designated by any authorized represrnhtive of the Cortipany, all records, books, ledgers, checks, cotrupondrnce and memoranda, whether bearing a date before or aRer Date of PoBcy, which reasonably pertain to the loss or damage. Further, i(requested by any authorized reprarntative oCth Company, the inwed claimant shall gent its pentission, in writing, for any authorized representative of the Company to aarrdne, inspect and copy all records, books, ledgers, checks, cortespondrnce and memoranda in the wstody or control of a third party, which reaonably pertain m the loss or damage. All information designated as wnfidrntial by the insured clairrunt provided to dre Company pursuant to this Section shall not be disclosed to others unless, in the reazomblejudgmrnt of the Company, it is nacssary in the administration of ilia claim. Failure of the insured claimant to submit for examination under oath, pmduce other reaonably requested information a gran[ pemdssion io secure reasonably necessary information from third parties u required in this paragraph shall terminate any liability oC the Company under this policy u m that claim. 6.OPTIONS TO PAY OR OTHERWISE SETFLE CLAIMS; TERMRVATTON OF LIABH,ITY. In case of a claim under this policy, the Corrryany shall have the following additional options: (a) To Pay or Tender Payment of the Amount o[ Insoranca (i) To pay err lender payment of the amour( of inwnnee undo this polity togedhtt with any costs, attorneys' fees and uprnsa inserted by Ne insured claimant, which were authorized by the Company, up m the time of payment a trnda ofpaymrnt and which the Company is obligated m pay. (ii) Upon the exercise by the Company of this option, all liability and obligations to the insured undo this polity, other than to make the payment required, shall temunate, includmg any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwtae Settle With Pertfa ONer thou the Iusured or With the Insured Claimant. (i) to pay or otherwise setlle with other parties for or in the name of an insured claimant any claim insured against under this policy, mgetha with any costs, attorneys' fees and expenses incurred by else insured claimant which were authorized by the Company up m the time of payment and which the Company is obligated to pay, m (ii) to pay or otherwise senlt with the insured clainunt the loss or damage provided for under this policy, togedsa with any costs, attorneys' feu and ezpenscs inserted by the insured claimant which were authorized by the Company up to [he time of paymrnt and which the Company is obligated k pay. Upon the exercise 6y the Company of ei[htt of the options provided for in paragraphs (bXi) m (ii), the Company's obligations to the insured under this policy for Ih< claimed loss or damage, other than the payments required m be mada, shall terminate, including any liability or obligation k defend, pmsecuk or wntinue any litigation. 7. DETERMINATION, EXTENT OF LIABH,ITY AND COINSURANCE, This policy is a contract of indemnity against actual monetary loss or damage sustained or insured by the imurW clarmanl who has sulfaed loss or damage by reason of matters insured against by this policy and only m the exirnt httein ducnbed. (a) The liability of the Company undtt this policy shall not excad the least of (i) the Amount of insurance staled in Schedule A; or, (ii) the diRarnet between the slue of the insured state or mtaest as insured and the value of the insuied estak or interest subject to the defect, lirn or rncumbrance insured against by this policy. (b) N the event the Amour[ of insurance stated in Schedule A at the Date of Policy is lay than 80 percent oCth value of the insured ata4 or interest or the full comidention paid for [he land, whichevtt is less, or if subsequrnl to the Desk of Polity an improvemrn[ is ttetted on the land which intteaza the vahe of the insured esnk or interest by at least 20 percent ova the Amount of Insurance staled in Schedule A, thrn this Policy is subject to the following: (i) where no subsequrnt improvement has been nude, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Dak of Policy bears to Ne tort value of the insured esnk or interest at Ihk of Policy; or (ii) where a subsequent improvement has 6ern made, as to any partial loss, the Company shall only pay the loss pro ram in the proportion that 120 percent of the Amount oC Insurance staled in Schedule A bears m the sum oC the Amount of Insurance silted in Schedule A and the amount expended for the impmvemrnt.The provisiors of this paragraph shall not apply to costs, anomeyt' fees and expenses for which the Company is liable under this policy, and shall only apply k that portion of any loss which exceeds, in slit a8g<tBak. I O patent of the Amount of Insurance saed in Schedule A. (e) The Company will pay only those costs, attorneys' tea and expenses inverted in accordance with Section 4 of that Conditions and Stipulations. 8. APPORTIONMENT. If the lend darnbed in Schedule A consists of two or more parcels which are not used az a single sik, and a loss is established alkcting one or more of the parcels but no[ all, the Ions shall be computed and settled on a pro rata bazis as if [he amount of insurance under this policy waz divided pro rata as [o the value on Date of Polity of each separate parcel to the whole, exclusive ofany improvemrnts made subsequrnt to Date of Polity, unless a liability or value has otherwise been agreed upon as m each parcel by the Company and the insured at ilia time of the issuance of this policy and shown by an exprus statement or by an rndorsemrnt attached to this policy. Serial No. 0.9701-1690325 Paae 3 of4 ALTA OWNER'S POLICY 10-17 92 ~~{i~~.l 9. LIMITATION OF LIABILITY, ' (a) V the Company establishes the title, or famous [he aDeged deftt; lirn or rncumbrance, or cures the lxk of a right of access to or Cmm the land, or curs the claim of unmarketability of title, all az insured, in a rcasombly diligrn[ manna by any meNod, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligatioru with respect N that matte and shall not be liable for any loss or damage caused thereby. (b) b the event of any litigation, including litigation by the Company or with the Company's consrnl, the Company shall have no liability for loss or damage until there has been a final deumrination by a court of competenljurisdiction, and disposition of all appeals therefrom, adverse W the title az insured. (e) The Company shall not be liable for loss or damage to any insured for liability voluntarily azsumed by the insured in setting any claim or suit without the prior written consent of the Company. ] b. REDUCTION OF INSURANCE; REDUCITON OR TERMINATION OF LIABILITY. All paymrnts undo this policy, except paymrnts made for vests, attomrys' ftts and exprnses, shall reduce the amount of the insurance pro tanto. 17. LIABILITY NON-CUMULATNE. It is exprcssty understood that the amount of insurance under (his policy shall be reduced b y policy insuring a rtwrtgage to which exception is takrn in Schedule B or to which the insured haz agreed, assumed, or takrnesubjectaor which a hereaft ~ecut~i by an insured end which is a charge or lien on the state or intuesl described or rcferted to in Schedule A, and [he amount so paid shall be deemed a payment under this policy W the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for rndorsemrnt of the paymrnt unless the policy has been lost or destroyed, in which rase proofof bss or datrucUOn shall be famished to the satisfxtion otthe Company. (b) Whcn liability and the extra[ of loss or darmgc has ban definitely fined in awordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thercaBer. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT, (a) The Company's Righf of Subrogation. Whrnevw the Corrrpany shall have seplrA and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by arty act of the insured claimant The Company shall be subrogaied [o and be entitled to all rights and remedies which the imurrd claimant would have had against any person or ProPertY in respect to the claim had this policy not been issued. IIrequesled by the Company, the iraured claimant shall transfer to Ne Company al] rights and renredia against any person or property nttasa in order uttle in the name of the insured claimant and to uu Name of Ne insured elagamant in aney ntransactilon o lytigationp invotly rag these rights or rcmedrr~a 'u or If a paymrn[ on acwunt of a claim dos not fully cover the loss of the insured claimant the Company shall be subrogated to these rights and rcrnedia in the proportion, which the Company's paymrnt bears to the whok amount of the loss. IC loss should result from any act of the insured daimon; az stated above, that x[ shall no[ void this policy, but the Company, in that event shall be required to pay only that part of any losses insured against by [his policy which shall excerd the anpun4 if any, lost to the Company by reason of the impaimrent by the insured claimant of [he Company's right of subrogation. (b) The Company's Rights Against Nou-insured Obligorx The Comparry's right of subrogation against non-insurW obligors shall exist and shall include, without limitation, the rights of the insured to inderrmities, guaranties, other policies of insurance or bonds, no[withstandin an subrogation rights by reason of this policy. B Y lent or conditions contained in those instmmrnts which provide for 14. ARBITRATION. Unless prohibited by applicable law, either the Company or Ne insured may demand arbitration pursuant [o the Title Insurance Arbitraton Rules of the American Arbitration Association. Arbitrable matters may include, but arc not limited to, any controvusy or claim betwern the Company and Ne iaurcd arising out of or relating to this policy, any service of the Company in connection with its ismantt or the bench of a policy provision or other obligation All arbitrable matters whrn the Amount of Insurantt is 51,000,000 or lea shall be arbitrated at Nc option of either the Company or the insured. All abitrable matters when the Amount of Insurance is in excess oC 51,000,000 shall be arbitrated only whrn agreed to by both the Company and the insured. Arbitration pursuant Io this policy and under the Rules in effect on the date the dertand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. Tire award may include attorneys' fees only if the laws of the stau in which the land is located pertnil a wtut to award attorneys' tea to a prrailing party, Judgment upon the award rrnderA by the Arbitrator(s) ray be entered in any court having jurisdicbon therwf. The law of [he silos of the land shall apply to an arbitration undtr the Title Insurance Arbitration Rules. q copy of the Rules may ~ obtained fmm the 'Company upon ragas[. 15. LIABH.ITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy bgether with all endorsements, i{any, attached hereto by the CorrWany is the rnlirc policy and contract between Ne insured and the Company. Fn interpreting any provision of Nis policy, this policy shall be constmed az a whole. (b) Any claim o(loss or damage, whether or not based on negligrnce, and which arises out of Ne status of [he title to Ne state or interest wvercd hereby or by any x[ion asserting such claim, shall be restricted to Nis policy. (c) No amrndmrnt of or rndorsemrnt to this policy can be made except by a writing endorsed hereon or attached hereto signed by either Nc Presidrnt a Vice President the Seactary, an Assistant Secretary, or validating ol5cer or authorirtd signatory ofthe Company. 16. SEV ERABILITY. ta the event any provision of the policy is held invalid or unenfomnble under applicable law, Ne policy shall be deemed not to include Nat provision and all o[hn provisions shill retrain in full force and etittt I]. NOTICES, WI{ERE SENT. All notices required N be givrn Ne Company and any statertent in writing required N be famished Ne Company shall include the number of this policy and shalt be addraud to the Company at P. O. Box 2029 Hmuston, 7X 77252-2029. Serial No. 0-9701-1690325 Page 4 of 4 ALTA OWNER'S POLICY 10.17-92 r ~~;(~c3 ALTA OWNERS POLICY SCHEDULE A Order Number: 45245 Date of Policy: September 15, 2006 at 3:19 PM Amount of Insurance: $6,500,000.00 1. Name of Insured: Theodore C. Skokos and Shannon B. Skokos Premium: $5,276.00 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Theodore C. Skokos and Shannon B. Skokos 4. The land referred to in this policy is described as follows: See "Exhibit A" attached hereto STEWART TITLE GUARANTY COMPANY ~'i ~ ~ 1 9 ~! 7 ~i Policy No.: 0-9701-1690325 ALTA OWNER'S POLICY EXffiBIT A LEGAL DESCRIPTION Order No.: 45245 A pazcel of land located in the SW '/s SW '/. of Section 28, Township 10 South, Range 84 West, 6`° Principle Meridian, Pitldn County, Colorado, also being in the parcel of land described in Reception No. 112127 of the Pitkin County Clerk and Recorder's Office being more particulazly described as follows: Beginning at the S 1/] 6 Corner of Section 28 being a 1978 BLM Brass Cap found in place, whence the Southwest Section Corner of said Section 28 being a 1978 MLM Brass Cap bears S 00°44'48" W a distance of 1370.76 feet, this line being the Basis of Bearing for this legal description, thence N88°43'SS" E a distance of 205.36 feet along the North line of the SW '/. SW %. of said Section 28 also being the North line of said Reception No. 112127; to the True Point of Beginning; thence N88°43'SS" E a distance of 452.41 feet along the North line of the SW %. SW '/s of said Section 28 also being the North line of said Reception No. 112127 to the C-W-SW 1/64 Comer also being a 1978 BLM Brass Cap found in place; thence along the East line of said Reception No. 112127 the following four (4) courses: thence S 00°37'34" W a distance of 84.66 feet; thence S 68°OS'00" E a distance of 60.45 feet; thence S 61°29'00" E a distance of 48.25 feet; thence S 12°4S'00" E a distance of 23.62 feet to a point of the boundary of the White River National Forest, United States Department of Agriculture; thence along said White River National Forest boundary the following two (2) courses: S 12°4S'00" E a distance of 7.42 feet; thence S 07°34'00" E a distance of 78.98 feet; thence S 72°S1'45" W a distance of26.S4 feet; thence 46.90 feet along the arc of a tangent curve to the left having a radius of 70.00 feet, an included angle of 38°23'09", and the chord beazs S S3°40' 10" W a distance of 46.02 feet; thence N 73°27'1S" W a distance of 65.11 feet; thence 26.00 feet along the azc of tangent curve to the right having a radius of 200.00 feet, an included angle of 07°26'S9", and the chord bears N 69°43'4S" W a distance of 25.99 feet; thence N 66°00' 16" W a distance of 50.39 feet; thence 32.61 feet along the azc of tangent curve to the left having a radius of 200.00 feet, an included angle of 09°20'31 ", and the chord beazs N 70°40'31" W a distance of 32.57 feet; thence N 7S°20'47" W a distance of 120.81 feet; thence 11S.S5 feet along the azc of a tangent curve to the right having a radius of 350.00 feet, an included angle of 18°S4'S8", and the chord bears N 6S°S3' 18" W a distance of 115.03 feet; thence 108.94 feet along the arc of a tangent curve to the left having a radius of 150.00 feet, an included angles of 41 °36'39", and the chord beazs N 77°14'09" W a distance of 106.56 feet; thence 13.29 feet along the azc of a tangent curve to the left having a radius of 75.00 feet, an included angle of 10°08'S7", and the chord bears S 76°S3'03" W a distance of 13.27 feet; thence N Ol ° 16'OS" W a distance of 107.01 feet to the True Point of Beginning County of Pitkin, State of Colorado STEWART TITLE GUARANTY COMPANY ~1~tJV ~ U ALTA OWNER'S POLICY SCHEDULE B Order Number: 45245 Policy No: 0-9701-1690325 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 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, and any facts which a correct survey and inspection of the 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 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. Water rights, claims or title to water. 7. Taxes and Assessments for the yeaz 2006, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls ofPitkin County. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 22, 1904 in Book 55 at Page 513 as Reception No. 695534. 9. Any rights, interest or easement in favor of the United States, the State of Colorado or the Public, which exist or are claimed to exist in and over the present and past bed, banks or water of the Roaring Fork River as evidenced by that fisherman pathway in the Deed recorded July 15, 1941 in Book 166 at Page 184 as Reception No. 91502. 0. Easements and rights of way as contained in instrument recorded August 24, 1942 in Book 167 at Page 439. 11. Easements and rights of way as contained in instrument recorded September 11, 1968 in Book 236 at Page 330. 12. Easements and right of way for an electric transmission or distribution line or system as granted to Holy Cross Electric Association, Inc. in instrument recorded October 25, 1983 in Book 454 at Page 61 as Reception No. 354228. BTEWART TITLE GUARANTY COMPANY ~ ~'' ~. ? 7 ALTA OWNERS POLICY SCAEDULE B Order Number: 45245 Policy No: 0-9701-1690325 13. Terms, conditions, obligations and provisions as set forth in Resolution No. 82-25 of the Planning and Zoning Commission of Pitkin County, Colorado, ganting 1041 special review approval for construction of the Meens residence in an avalanche run-out zone recorded November 28, 1983 in Book 456 at Page 439 as Reception No. 255280. 14. Terms, conditions, obligations and provisions of Mutual Easement and Second Confirmation of Prior Easements Ageement recorded May 21, 1996 as Reception No. 392888 and First Amendment to Mutual Easement and Second Confirmation of Prior Easements AgeemenC recorded October 18, 2005 as Reception No. 516392. 15. Terms, conditions, obligations and provisions as set forth in Administrative Decision No. 70-2004 of the Community Development director of Pitkin County, Colorado, granting a subdivision exemption for lot line adjustments and approving a minor amendment to a development permit, recorded October 6, 2004 as Reception No. 502814 16. Terms, conditions, obligations and. provisions as set forth in Administrative Decision No. 14-2005 of the Community Development Director of Pitkin County, Colorado, granting a subdivision exemption for lot line adjustments recorded Febnlary 24, 2005 as Reception No. 507293. 17. Easements, rights of way and all other matters as shown on 1041 Hazazd Review Site Plans and Lot Line Adjustment Plats recorded November 11, 2004 in Plat Book 71 at Page 23 as Reception No. 504091, Mazch 14, 2005 in Plat Book 72 at Page 30 as Reception No. 507853, July I5, 2005 in Plat Book 74 at Page 66 as Reception No. 512441 and recorded December 30, 2005 in Plat Book 77 at Page 2 as Reception No. 519114. 18. Terms, conditions, obligations and provisions as set forth in Determination No. 16-2005 of the hearing officer of the Community Development Department of Pitkin County, Colorado, approving the Independence Land LLC 1041 Hazazd Review, Conceptual Submission, Scenic Overlay Review, Special Review and GMQS Exemption, recorded June 1, 2005 as Reception No. 510826. 19. Terms, conditions, obligations and provisions as set forth in Findings and Order Concerning the Inclusions of Lands in the Basalt Water Conservancy District recorded September 7, 2005 as Reception No. 514443 and Memorandum of Water Allotment Contract recorded September 16, 2005 as Reception No. 514940. 20. Terms, conditions, obligations and provisions as set forth in Administrative Decision No. 92-2005 of the Community Development Director of Pitkin County, Colorado, ganting a subdivision exemption for a lot line adjustment recorded September 28, 2005 as Reception No. 515320. STEWART TITLE GUARANTY COMPANY ~L`,+ 1$ ALTA OWNER'S POLICY SCHEDULE B Order Number: 45245 Policy No: 0-9701-1690325 21. Terms, conditions, obligations, covenants, easements and restrictions as set forth in Declazation of Covenants, Conditions, Easements and Restrictions for Momingstaz recorded October 18, 2005 as Reception No. 516386. 22. Terms, conditions, obligations and easements as set forth in Grant of Emergency Egress and Driveway Easement recorded October 18, 2005 as Reception No. 516393. 23. Terms, conditions, obligations and provisions as set forth in Amended and Restated Articles of Incorporation of Difficult Upstream Bridge Users Association, Inc. recorded October 18, 2005 as Reception No. 516394. 24. Terms, conditions, obligations and easements as set forth in Amended and Restated Temporary Construction Easement Agreement recorded September 15, 2006 as Reception No. 528669. 25. Terms, conditions, obligations and provisions as set forth in Resolution No. 046-2006 of the Boazd of County Commissioners of Pitkin County, Colorado, allocating 2006 rural azea GMQS allotments for additional floor azea, recorded May 15, 2006 as Reception No. 524067 and Resolution No. PZ- 02-2006 of the Planning and Zoning Commission of Pitkin County, Colorado, forwazding the 2006 rural growth management quota system scores for additional floor azea to the Boazd of County Commissioners recorded May 17, 2006 as Reception No. 524171. 26. Terms, conditions, obligations and provisions as set forth in Covenant in Association with the Pitkin County 2006 Rural Area Residential Growth Management Quota System Allotment (First Competition) Awarded to the Independence Land, LLC Property, recorded August 25, 2006 as Reception No. 527855. 27, This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of property along Roaring Fork River, caused by the processes of accretion and reliction, or caused by man made changes in the flow of water or in the course of the river bank or river channel; also subject to the free and unobstructed flow of the water of said river. 28. A Deed of Trust dated September 15, 2006, executed by Theodore C. Skokos and Shannon B. Skokos, to the Public Trustee of Pitkin County, to secure an indebtedness of $7,250,000.00, in favor of PlainsCapital Bank, a Texas state bank, recorded September I5, 2006 as Reception No. 528671. STEWART TITLE GUARANTY COMPANY J~f,','~~? ~ ENDORSEMENT t ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSiIRANCE SERIAL NUMBER 0-9701-1690325 STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order Number: 45245 The Policy is hereby amended by deleting Pazagtaph 1 through 4 of Schedule B. Charge: $150.00 This endorsement is made a part of the policy and is subject to all of dre terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the tents and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase [he face amount thereof. Signed under seal for the Company, bu[ this endorsement is to be valid only whrn it bears an authorized countersignature. S T E W A R T T I T L E GUARANTY COMPANY ib ,. s. ~ ,,.;, ~*~ ~. r Est ....~... T£ira+}~e Countersigned: Authorized C mtersignature Stewan Titlc of Colorado, Inc. -Aspen Division 620 East Hopkins Avrnue AspenCO 8161 ] (970) 925-3577 CLTA Form 110.1 (Rev. 9-10-93) Serial No- E-9851-1690325 ALTA -Owner Deletion ojlrem From Policy EXHIBIT A December I8. 2008 IIAl\~ DELIVERED Ms. Suzanne Wolff, Senior Planner Community Development Department 130 Soutlt Galena Street Aspen. Colorado 81611 Re: Permission to Represent Dear lvts. Wolff: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC. Planning Consultants, to represent us in the processing of our application for special review approval and a GMQS exemption for our property located at 41 Popcorn Lane. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance. please do not hesitate to call. Yours truly. ~~ C~. ~~~ Theodore~Skokos c, \ ~ l~ ,L~C`,s- ~~Shan o ~Skotos~~_ 13. c:\oldc\M1us\county.Itr\IV54008. sw i n~(yfij~ ~ 'P PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and // (hereinafter APPLICANT) AGREE AS FOLLOWS: G. submitted to COUNTY an application for ~~/'qG ~~ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-20D6 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 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 feed prior to a determination of~pplication completeness, APPLICANT shall pay a base fee in the amount of $G,07~^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 Effective 7/26!06 G:county\adminlforms\agreement to pay APPLICANT ..T'ECt~~~t= e. ~~kakCs Prin Name Signature Date: ) ~ - r ~' G Sj M~aCi~ling Addres1s: ~~~ rim, , T-x ~t 5 a r ~ xaanv-o~-ooa-L uol~nnsul.P wo~•tianemn~m alllna; el zallnsuo~ ASPEN PARK ASSOC TRUSTEE C/O COOPER STIRLING 1605 SILVER KING DR ASPEN, CO 81611-1050 MCFARLAND HOLDINGS LLC 1601 ARAPAHOE ST STE 700 DENVER, CO 80202 ,~~• nn ~ _ r,J 3uawa6~ey~ ap sua5 BLACK DIAMOND LAND DEVELOPMENT CORP 1601 ARAPAHOE #700 DENVER, CO 80202 ®09L5 MCCLUSKEYP PO BOX 12381 ASPEN, CO 81 T ® Tarn;eat load Rse3 ~o; jaded Paa~• ® ®0915 31tl7dW31 many asD ~ ®o9t5~~13At/~ ~ i 3aay5 uctl~ru3sul aa5 ~ • ; !7 sla9el load ~tse3 EX/HMI ,BIT I IIII VIII IIIIII IIII IIIIII III VIII III VIII IIII III) 06 01/82005 03:181 ~ lL~ SI LVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITHIN COUNTY, COLORADO, APPROVING THE INDEPENDENCE LAND LLC 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SCENIC OVERLAY REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION Determination No. ~D-2005 ] . lndependence Land LLC ("Applicant") has applied to the Pitkin County Hearing Officer ("Heazing Officer") for 104] Hazard Review, Conceptual Submission and Scenic Overlay approval to establish a building envelope in which to replace the existing single family residence. The Applicant is requesting special review approval to establish the property as a TDR receiver site, in order to develop in excess of 5,750 square feet and up to 10,750 square feet of floor area. 2. The parcel is located off of Highway 82 near the Difficult Campground, and is more specifically described in Exhibit A. 3. The parcel contains approximately 2.981 acres and is anon-conforming size parcel in the AFR-10 zone district. 4. The parcel is located within the Rural Area of the County, was legally created and configured prior to May 8, 1972, and has not merged with adjacent properties, therefore, it is exempt from growth management up to 5,750 squaze feet of floor azea. 5. The Planning and Zoning Commission granted 1041 hazard review approval for the existing residence pursuant to Resolution No. 83-25. At that time the property was identified as being within an avalanche hazard zone. The structures were designed to withstand the "design avalanche," as required by the approval. A building envelope was not established. 6. The Hearing Officer considered this application at a duly noticed public hearing on May 17, 2005, at which time evidence and testimony were presented with respect to this application. 7. The Hearing Officer finds that the proposed building envelope is located on slopes of less than I S°/o and avoids the 100 year floodplain; that the wildfire hazard is rated as low and can be mitigated; that impacts on adjacent wildlife habitat can be mitigated; aztd that the building envelope is located within the "blue" avalanche hazard area, where development is permitted if there is no alternative building site, subject to mitigation. 8. The Hearing Officer further finds that the scenic impacts of the residence can be mitigated. 9. The Hearing Officer further finds that the property is a» appropriate TDR receiver site for additional floor area of up to 10,750 square feet, and complies with the applicable special review criteria -the additional floor area is consistent with the character of the surrounding area and the East of Aspen/Independence Pass Master Plan, and will have minimal additional visual and environmental impacts. NOW THEREFORE BE TT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the lndependence Land LLC 1041 Hazard Review, ^~C)nl~?!a _~ HearingOffcerDeternzirlarionNo.~-?005 Page: z of ~ II IIIII II (I I I I II I III I II II IIIII II III 510826 06/01/2005 03:181 Pale ~ BILVIq DPVIS PITKIN COUNTY CO R 0.00 D 0.00 Conceptual Submission, Scenic Overlay Review, Special Review and GMQS Exemption, subject to the following conditions, which shall run with the land and be binding on all successors in interest. Prior to submission of any eartlunoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The mylar copy of the site plan must be sigtted by the owners prior to submittal for recording. The site plan shall be amended as follows prior to recordation: A. Identify the 100yearfloodplain; B. Identify the existing driveways, and delineate access envelopes, if driveway improvements are anticipated. 2. Prior to submission of a septicpermit for the new residence, the Applicant shall provide documentation as to a legal water supply that provides an adequate quantity of domestic water to serve the approved residence. The well shall be located within the approved building or accessory envelopes. 3. With the building permit application, the Applicant shall submit an avalanche mitigation plan from a certified professional engineer that demonstrates that adequate mitigation can be provided to withstand the potential avalanche impact forces and potential debris flow and rockfall hazards. Avalanche mitigation shall be incorporated into the design of the residence or detached in the form of an earthen bens or deflecting dam above the residence. 4. Prior to issualtce of any building permit applications for the new residence, the Applicant shall: A. Obtain an access permit for a new driveway, if necessary, which shall be approved by the County Engineer and the Community Development Department. B. Obtain fireplace/woodstove permits from the Conununity Development Department, if necessary. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D. Submit a Construction Management Plan in accordance with the Asset Management Plan for review and approval by the County Engineer. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on CowSty rights-of--way. E. Pay the applicable road impact fee. F. Obtain approval of a septic permit from the Environmental Health Department. The septic system shall be located within the approved building or accessory envelopes, and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. G. File a Storm Water Management Plan with the State of Colorado, if required, and provide a copy of the approved plan to the County. 5. The property shall be limited to a maximmn of 10,750 square feet of floor area exempt from growth manasement, with 5,000 square feet of that total being available only through use of two TDRs. At building permit application, the Applicant shall surrender two original Certificates of TDRs and a copy of the deeds evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop more than 5.750 and up to 10,750 square feet of floor area. 6. Prior to connnencement of any earthmoviug or construction activity, the Applicant shall stake the .i 1'~~18 /~~ u / ~. Hearing Officer Detern3ination No. ~ -2005 I IIIIII VIII IIIIII VIII IIIIII III IIIIII III II II I II IIII 069 og 005 03: I SI Page .3 SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 corners of the building and accessory envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 7. With the building permit application, the Applicant shall submit a landscape plan for review and approval by the Community Development Department. The landscaping shall provide screening of the residence from the highway and shall Ue consistent with the State Highway 82 Corridor landscape guidelines and the riparian nature of the site. Prior to the final inspection of the residence, the Applicant shall install the approved landscaping and staff shall inspect the landscaping to ensure that it provides adequate screening from the highway. 8. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Dogs shall be I:enneled or leashed at all times. B. Native vegetation shall be maintained outside of the building and accessory envelopes. C. Install and use an approved bear-proof trash container. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. D. Fencing shall canply with the following standards: (1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails; (2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. E. Avoid fruit-bearing trees and shrubs in any landscaping. F. Bird feeders steal I be hung away from any windows or decks, and shall be suspended between two trees or posts at least ] 0' above the ground. 9. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Within 20' of all structures (or to property boundaries), all upland brush species (oak, serviceberry, chokecherry, sagebntsh, etc.} shall be removed and remaining stumps shall be painted with Garton herbicide to prevent resprouting. Wetland species (willow, birch, alder) may remain, unless within ] 5' of a v`~indow. B. All other vegetation shall be kept to less than ]' in height within 20' of all structures (or to property boundaries). Weeds and grasses within 10' of all structures shall be maintained to a less than 6" in height. C. All branches from trees and brush within 30' of all structures (or to propelTy boundaries) shall be pruned to a height of 10' above the ground with removal of ladder fuels from around trees and brush. D. All deadfall within 30' of all structures shall be removed. E. Installed or native landscaping within 15' of the residence shall not contain any brushy or conifeirous species. Aspen trees may be planted, but not within 10' of the residence and are limbed to ] 0'. No trees shall be within 15' of any window. F. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. ~~i,1J~U Hearing Officer Determination No. 15 -200.1 I II~III VIII Illlfl it II IIIIII IIII IIII~I III VIII III IIII 06~0o1/s20 6 03:381 PL7g2 Q SILVIP DPVIS PITKIN GOVNTY CO R 0.00 D 0.00 G. These standards may be varied by staff in consultation wills a wildfire expert when a landscape plan is submitted for review. H. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 10. The Applicant shall comply with the following additional wildfire mitigatlon standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimwn slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/< inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 1 S feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one ] 0 pound approved ABC fire extino Iisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. M. New utility lines shall be buried within roadways or driveways. ] 1. T11e Applicant shall comply with all codes and requirements of the Aspen Fire Protection District. ] 2. No development, including grading, excavation, fill placement, berms and/or avalanche mitigation strictures, landscaping, septic system, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building and accessory envelopes unless otherwise specified in this doctnnent, such as necessary wildfire mitigation. 73. Al] areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season of the project's completion. Hearing Officer Determination No. 15 -2005 I IIIIII VIII IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 5 9 D826 7 Page S SILVIq DRVIS PITKIN COUNTY CO 06/01/2005 03:161 R 0.00 D 0.p0 ] 4. Exterior lishting shall be prohibited on the north and east sides of the residence, except for lighting that is not visible from State Highway 82 and is approved by the Conmlunity Development Departrnent. Al] lighting shall comply with the regulations of the Land Use Code. 1 S. The exterior materials of the residence shall be finished in earth tones, whit 1 b en m wtt t e co ors o the natural surrounding environment. Roof materials shall benon-reflective. Materials samples shall be submitted to the Cotmnunity Development Department for review atld approval, prior to the submittal of airy building permits. 16. 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. 17. 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. 18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-] 40 and C.R.S., § 24-68-] OS. The statutory vested rights granted herein shall expire on May 17, 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 17"' day of April, 2005. APPROVED AND ADOPTED this 17`t' day of May, 2005. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Ashen Times Weekly on the z9""day of Yt'la-~ , 2005. ~~+a; ~ Hem-ing Officer Determination No. ~-2005 Page 6 COMDR JNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTE T: l Janis aylor, Admini rative Assistant P052-05 PID#273725300610 James R. Tnie, Hearing Officer Date S 2.~~ APPROVED AS TO CONTENT: ~~.:,).~,~Q ,.Cif C~ d~ Houben, Community Development Director II'IIIIIIIIII~IIIIIIIIIIIIIIIIII~III~IIIIIIII 0 0 9OS 06 0 3' 181 IIIIIII~IlQy IS pITKIN COUNTY CO APPROVED AS TO FORM: PID'~ 2 7 3 72830061 0 . , independence i °^!t, LLC Legal Descriptlon~ A parcelofland locafed~in the SW rG~ SW'/. ot'$ectibn 28, 7ownstiip.l0 South, Range 84 West; 6'~ Prirtcipte Meridian,. PitkiaCoumy~ Colorado, elso.be_ing ip the"parcel of land ~ . descnbed in Reception Number112127 of the Pitkin Ceunty Clerk and Recorder's Office being more particularly desa~bed~es~follows:~ ti. .. . Beginning at a.point on the west section line of Section 28 whence ~the~ southwest Section Comer.of Section 28 montrmented with a~1978 BLM~Brass.Cap.bearsS OD°44'48" W p distance of k 191.54 feet; thence along said weifsection l'me of said Section 28 ~N~ 00°44'48" ~E a distance.of 179.22 feel to the S 1/16 Comer of Section28aiso treing~a 1926 BL1vT Brass Cap found m Place, this line.being the Basis of Bearing; ibence along Ste north line~of the SW l%4 SW~ U4. of said. Section 28 also bemgthe n6rth~linc nTsaid Reception #112127 N 88°A3'40" $ a~distanpe of 657.73 Pert tothe GW-SW I/b4 Corner also being a~1978 $Lb1 Brass Cap found iaplace,~tbence along the~eastline of said Reception #112127 foc ffie ~followirrg.four. (4) cowses: " 1: thence S ~00°33'S3' W adistance~of84.71 feel, ~ ~ " '2, Wcnce S 68'05'00" E a.disteoce of 60.45feet . ~ - - 3. thwee S 61°29'00" Ea distance of 4825 feet,. ' 4: 'therm S 12°45D0" E-s distance of 23.621eetto the intersection with"the. _ boundary of the White Rives National Forest Unded.Sfates~~DeperTmen[.of " " ~ Agnculhae; ~ ~ - thence along said White River Nation. s7 Forest bptmdary for the followhlg two ~(21 cotvses: ~ - - 1. S 12°45'00" Ea distauceaf7:42 feet; ~ " 2: dhence S 07°34'00" E a~distance of 7898 feet, -_-_ thence S72°51'45." W a distmce of26~.54"feet thence 46.90 feef along the arc ofa tangent curve totaele$ having a radius of 70.00 feet; an included angle of 38°Z3'04", and the-eLord bears.5~53°40'10"'W a~disEance of 46.02 feet; th®ce N 73°2T35" W a disrenceof 65.1 l feet thence 26; OD~feet alongthe-arc of a tang"cm cime tothcright havitg a radius ot'200.00 feet, an jncltrdtd angle of 07°26'59",. end the chexd bears N 69°43'45"W a~distante of 25.99 feet, thence N 66°00'16" W a~ dutaoce of 50.39 feet, dtence 32.61 feet along tho arc of a tangent crave to the-left having a radius of20~.00 feet an~mcladed Bogle of 09"203] "; ®d the chord bears N 70°4031" W a distehce df 3252 feet tli®ce N 75 20'47" W a~distance of 120.&l~feet, thwce.11553 feet hlong the" arc of a tnng«d curve to the right ba~yiog a radios of 350.00 feet, ea muhded"anglb of 18°34'58"; and the chord liearsN 65°53'18"Wgdislauce~of115,03 feet; theuce~108.94 " feet akmg the arc of a tangent alive to the left~having; radius of ISO.OO~feer, an IDcluded angle of 41°3639", and the chord bean N TI°14'09" -W a diatanoe of 106.56~feet; thence 114,88~feet along the aro of a tangent ciuveto the le& havng a radius of 75.D0 fee; included eagle of 87°~5'S7", arid the chord bears S 38°04'36" W"a distance of 103.98 feet th®aN 89'-15'12" W a dismuce of 158:82 feet to the point ofbeginning containing 129,862.17 squaro feet or 2.981 acres.. - - i IIIIII VIII IIIIII VIII IIIIII IIII IIIIII III VIII VIII IIII 0 6y os 0003: 181 ~.a ._ w F-a ~~~p~ e g ~ a ~° n o ~ y 8 ~ O N ~ H• < ~. ~5 0 a a iy%~ s~ ~~trrjggtet ~~~~yy~}}'~~~'{r~~e~ 9'. k t~$6~ R~~FI~A~[ ~P~1 ~6 ~ ~tt[~ ~[r~~~lw ~~~ x ~ ins@x pt~~~~~~F ~~~ { x Y IpF q `~ 1~ i'S~ptFlf4 ~tp f g ~k ~fgl~n~l ~lj Sid" `~ ~ ~~ 3 oo ~~ .~oN ypN ~ n R~ ~ n .' ~jaoso U R ~ 0 ~ j 2~ p ~ s ~ ii K O V' r AQ.~n a ~ ~?~ ~ =~3 ~ ~~~~ 00 ~ o 3 G'z ?~nm' »g o~ om No 6 n 00 0= r,~a 3~~ rno~o Ho i ~~ Ao~ ~ o; ~~I NQv n 'om ~ ~o~ m a n» n ~Rz i v o o~ ~ q3 .q ~ `c ~:_ ~i ~ &~ ,~ ~~ ~_- ~ S N ~ _; u s~_ / / / i , ;' ~ ~ i 1 4 i ~ ~ ~ i / ~ / ~ J ~ it p~ r~ I/ ~ / r ~ ~~~ .- ~. , ,,- ~- ,: ,: ,( m ; i II / >" ~! ~ _-.~ _- ~: ~ ~ , y -1 i i / / ~ ~ I', ~~' a r ~ / ~ % I i i i F __ ~ D ~ _..~_ ~ I .. ~ / / i P I ~ / ~ i _ _ _ ~ ~ r, 0 i~ ~/ ,f" i ~ .., _ / ~ ~, ` ~ -~~ \ ~' ~ ' / i .3 ~ ~~ , , (.~ s. ~e ~ ,,- ' ~, m ~~ ( \ o ~, ~ s ~, ~ a ~" -~_ ~" ~ , t__ ~l-~~ .~ m ~ ~ 1 ~~ 9 ~ , ~ ~ f~ ' T. ~~ /' gpy ly/,/J ii ~~ ~ - - l f ~ ~~ ~ y ~ s* ~ I „~- i ~ ,,,o %~: o ,, , ( I l c `` ~~,~ I I l l v \ l~ / / A 1 I \ II ~ / 1. _--~,-__ ~_ , G- ~~ ~' ~ 1 ~; ~ ~ ~~ A U] N ~ p. ~' •' a r n ^- /..- ' _ __- / ~ ~~ _: ~ G `~ - - ~~~~ '~ "`- ~ - - i L. ._.- 1 i / i i i i i i \ ~i ~~~ J-_ ~i ~ \., ~~~, newer -x;~ . ~~~ _ ~ o- m `' x V x ao EXHIBIT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, ALLOCATING 2006 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL FLOOR AREA Resolution No~-2006 RECITALS 1. On Apri14, 2006, the Planning and Zoning Commission ("Commission") held a duly noticed public hearing, at which time evidence and testimony were presented with respect to Rural Area Growth Management applications. 2. The Commission reviewed the following applications for the 20116 Rural Area GMQS competition for additional floor area: • Elm Point Industrial LLC: requesting an additional 2,500 square feet of floor area for a property located on EIk Creek Road (via Capitol Creek Ro: ~d) and is described as Tract 7, J.H. McCabe Ranch Tracts. • Black Diamond Land Development Corporation: reque>ting 5,000 square feet of additional floor area in order to devel6p a total of up to 10,750 square feet of floor area in two single family residences -one new and one historic. The property is looted at 10 Popcorn Lane, and is described as a Tract of land situated in the SW'/, SW'/. of:iec[ion 28, Township 10 South, Range 84 West of the 6"' P.M. • Independence Land LLC: requesting S,ODD square feet c ~f additional floor azea in order to construct a single family residence of up to 10,750 square Feet of floor area, The property is located at 41 Popcorn Lane and is described as a parcel of'land located in the SWl/4 SWl/4 of Section 28, Township ] 0 South, Range 84 West, of the 6's P.M. • Popcornland LLC: requesting 2,500 square feet of addit onal floor area in the Rural Area in order to construct a residence of up to 8,250 square feet o1 floor area. The property is located at 170 Popcorn Lane and is described as a parcel of land loc] led in the SW 1/4 SW I/4 of Section 28, Township 10 South, Range 84 West, of the 6'" P.M. 3. There were 25,000 squaze feet available in the Rural Area for the competition for additional floor area. The applicants requested a tota{ of 15,000 square feet. 4. 7'he Commission scored the applications as follows: • Elm Point Industrial LLC: 58 points • Black Diamond Land Development Corporation: S2 po.nts • Independence La»d LLC: 56 points • Popcornland LLC: S4 points 5. All of [he applications met the minimum threshold score of 481 points AND achieved the minimum threshold score for each scoring category, as required to be elig bee for an allotment. •6. Pursuant to Section 4-60-060 of the Code, the Commission's :.cores were forwarded by resolution to the Board of County Commissioners (`BOCC") on April 12, ;:006. 7. No appeals of the Commission's scores were filed within the equired 14 day appeal period. S di ~ ~..~ t3 /,. I I 1 I I ~ I I t ' i P g~ O6 6 02 . 4?I JRNICE K VOS CRUDI LL PITKIN COVN"'Y CO {t 0.00 D 0.00 Resolvtlon No. 2006 Page Z NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate a total of 15,000 square feet of floor area to be divided among the following ] Iroperties as shown for the 2006 Rural Area GMQS competition for additional floor area' • Elm Point Industrial LLC: 2,500 square feet • Black Diamond Land Development Corporation: 5,000 square feet • Independence Land LLC: 5,000 square feet • Popcornland LLC: 2,500 square feet This allocation is conditioned upon recordation of a covenant dotal tenting the representations made in the application for the additional squaze footage. This covenant shall t e reviewed and approved by Community Development Department and recorded against the pro lerty, prior to issuance of a building permit to utilize the awarded floor area. APPROVED ANll ADOPTED ON THE 26'" day of April, 2006. BOARD OF COUNTY COMMISSIONERS OF PITK [N COUNTY, COLORADO AT'3'EST: Mick 1 eland Chair I Je' ette Jones C rk to the BOCC APPROVED AS TO FORM: :, - ---- John Ely, __ _ County Attorney '~ APPROt ED AS TO CONTENT: _~ Indy Hr uben, Commun ty Development Director P012-06 {Elm Point Industrial LLC) 264505404007 P013-06 (Black Diamond Land Development Corp) 272728300009 P014-06 (Independence Land LLC) 273728300610 POI 5-06 (Popcornland LLC) 273728300019 -, -_ . __.. 524067 _I __L__. .__ . LI .. I . I. .I Page: 2 of 2 (',^ ! ~ i` ~ ~ 05/15/2006 02:471 CJ 'J J ~ ~ JRNILE K IVDS LRUDILL P]TKIN WUNTY LO R 0.00 D 0 00 I~4~ {I(I'~~~~ ea zsr8zeee el:ras JgiICE R 405 CgDiLL PITKIN COUNfY CD R 16.00 0 0.00 COVENANT IN ASSOCIATION WITH THE PTTiG1V COUNTY 2006 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT (FIRST COMPETITION) AWARDED TO THE INDEPENDENCE LAND, LLC PROPERTY THIS COVENANT is made on the 2 t si- day ~ ~,,asj- Zppb, ~, ~e Independence Land, LLC, whose address is 1601 Ara-pahce-S-tree-t• Suite ;(1700, Lkaver, Colorado 80202 1. Independence Lead, LLC, hereinafter referred to as the "Owner,° owns the property located at 41 Popcorn Lane with parcel ID#2I37-283-Op.610, lying in Pitldn County, State of Colorado, hereinafter referred to as the °Properry" and described in the ailacbed "Exhibit A". 2. On Apri14, 2006, the Pitkin County Planning and Zoning Commission held a daty noticed public. hearing with respect to the 2006 Rural Area GMQS Competition For Additional Floor Area. Owner competed in such competition. 3. By Resolution No- PZ Oz-2006, recorded at Reception No. 524171, dated May 17, 2006, the Planning and Zonirtg Commission forwarded its recornmeaded scoring to the Board of Coumy Commissioners ("BOCC'} whereby the Owner's Application was awarded a score of 56 points. 4. The BOCC accepted the recommended scoring of the Planning and Zoning - Commission and by BOCC Resolution No. tk16-2006, recorded at Reoeptioa No. 524067` dated May 15, 2006, awarded the Application a GMQS allocation of 5,000 square feet of additional floor azca. S. Resolmion No. 046-2006 provides that the allocation of additional floor area to the Owner is rnnditioned upon the written agreement of the Owner detailing the representations made by the Owner in its Application and the recording thereof as a covenant running with the land 6. This Covenant is adopted by the Owner is fulfillment of the above-referenced requirement NOW THEREFORE, as the residential square footage allocation is conditioned upon the representations made is the Application, no building permit to utilize the awarded additional square footage shall be issued until the following covenant detailing the representations grade in the Application, and recognized by the Commission dtough the award of points, has been recorded is the office of the Pitkin County Clerk and Recorder. Indepcndcncc band. LLC GMQS Covenant ParceltD# 2737-283-00-610 ~Be 1 G i . ll' i ~.. 4 t3 II,~~~IIII,I ~~~II~.,1 Yt~~~~ 0~u80°a~` 01:181 ORNICE K VOS OaIAILL PITKIN COUNTY CO R x$.00 0 0.00 1. DEVELOPMENT BELOW ALLOWABLE INTENSITY: The maximum limit on floor area is hereby established at 10,750 square €eet, as measured and calculated at the time of building permit issuance, for the construction of a single- family residence on the Property. To ensure the efficacy of the floor area limitation, the use and approval of transferable development rights (TDRs) or future growth management allocations to exceed 10,750 squaze feet of floor azea on the property is strictly prohibited. This covenant provides a guarantee running with the land, for which Pitlcin County is hereby named a beneficiary, pledging a perpetual commitment to this representation of intensity reduction. 2. SITE DEVELOP FNT REO 11REMENT A. Sewer. Anew or expanded ISDS servicing the new residence will be installed meeting the requirements of the Pitkin County Environmental Health Department B. Storm Drainage: The Owner will: I}' Maintasn historic runoff patterns by diverting or daylighting drainage resulting from the new construction to drywells or catchmem basins as needed. 2) Crown or outslope the driveway in order to deliver runoff to pemteable soils or catchrrtent basins as needed to keep surface mnd'f on the property. 3) Submit a deta17ed Drainage and Erosion Control Plan prior to issuance of a Building Permit C. Fire Protection: The Owner will: 1) Install an Internal Fire Suppression System within the new development 2) Construct the roof of noncombustible materials. 3) Comply with dre County's wildfire mitigation standards. D. Air Pollution: The Owner witL• 1) Share in the cost of the dust and PM10 suppression efforts on Difficult and Popcorn Lanes during construction and up until such time as these are paved or chip and sealed 2) Comply with Rtkin County PM10 and Air Quality standards. 3) Employ non-out gassing paints and watt surface treahrlents instead of regular palm on the interior walls. E. Hazards And Sitc DisturbancelEnvironmental ImpacL• Tlto Owner will- 1) Re-vegetate with natural materials areas disturbed in the process of construction. 2) Install and maintain silt fencing and other barrier materials azound the construction site in order to protect the surrounding vegetation. Iodepeadence Land, LLC GMQS Covenant Parcel IAt 2737-283.00-614 Page 2 J~f)S, ~ J I~~~IIIUI ~ipN110~~~ 089 2 5182 0 6 0 1:181 JRIHICE K vo5 CNUDILL 7I"IKIN COUNT' Co R 16.08 0 8.00 3) Commit to a Weed Management Progtein to the satisfaction of the Pitldn County Vegetation Manager. 3. BUILDING CONSTRUCTION REOL3IREMENTS: A. Energy and Water ConservationlWaste Water Reuse: The Owner will: 1) [n the construction of the new residence, exceed the Pitkin Energy Code standards by IO% as measured by the Caltez, or other such program used by Pitkin County, through a combination of: a. Increased R-values in roofs and walls. b. Orientation for solar gain. c. Use of high performance glass. d. High performance boilers exceeding 9096 efficiency 2} Utilize low flow water fixtures that meet or exceed County requirements. B. Conservation Through Constnxxion Management Plan: During constnution the following measures will be implemented: 1) Traffic Control Measures: a. Suppliers will be required to schedule delivery of materials during off- peak hours (with the exception of deliveries of concrete) and instigate a maximum Load minimum trip delivery system. b. SubcontraMOrs will be required to submit a pazking plan with their contract addressing the use of vans and/or carpooling in order to minimize the number of vehicles pazked on site as well. as the number of vehicles Inaking the commute. o. No parking will be permitted along Highway 82, along Popcorn Lane on he Highway 82 side of the bridge, or such as to impede the access to Difficult Campground. d_ A refrigerator & microwave will be made available to workers in order to minimize random trips into Aspen. e. An area on site will be set aside for the secure storage of worker's tools in order to facilitate the above vanning and/or carpooling. f. An area will be set aside for the stockpiling of materials. g. Excavation taterials will be utilized as much as possible onsite and in local rehabilitation and re-vegetation projects, thereby reducing the number of dump truck trips necessary. 2) Dust Control Plan: a. A water supply will be provided at the start of the excavation phase in order to supply dust suppressant throughout construction. b. All dust creating activities will be monitored and an environmentally sensitive dust suppressant will be used as needed. c. During construction, all dust producing surfaces will be treated with a dust suppressant as needed. d. i?ump trucks leaving the site will have their loads covered. Independence [.and, rLC GMQS Covenant Parcel II7t 2737-283-00-610 Page 3 lal~nc` ~_, ~ J iWll ~ ~~un l~' 111®~ tl~ 11101 ~ll O~IR ~IU ~ 0~0~126/B245a~0r6 OI : Ibi .IaNICE IC YOS CtAAILL PISKIN rAUNry Cn R 4fi.00 n 0.00 3) Noise Control Plan: a All subcontractors will be required to comply with all applicable noise control regulations and Pitlan County Noise Abatement Ordinance. b. Construction hours will be limited to 7:00 am to 5:06 pm, Monday - Saturday. c No worker's radios will be allowed un61 the proposed new development is walled in and then only inside the structure. d. Electricity wilt be made available at the start of any demolition and will continue through the end of construction in order to eliminate the need for gas-powered generators. 4) Recycle and Reuse of Materials Plan: a. Trees cut down will be chipped onsite to provide mulch for use in re- vegetation and other landscaping. b. Two receptacles and/or areas will be delineated on-site -one for recycle and the other for non-recyclable materials. c. Utilize to the extent possible excavation.materials generated through construction in the revegetation of disturbed areas. d. The existing residence will be disassembled and its components recycled as much as is practical. e. Appropriate wood products will be shredded onsite and either used as mulch in onsite rectamafions or taken to the landfill for compost f. Concrete and brick materials will be grotutd up and used onsite as road underlayment ,drainage systems, and reclamation to tbe extent possible. C. Visual Impacts: The Owner will: 1) Meet or exceed the County's lighting regulations. Exterior lighting shall be prohibited on the north, south and east sides of the residence, except for those not visible from Highway 82 and approved by the Community Development Department. 2) Linut fire maximum height of the roof ridge of the new residence to no more than 31 feet 3} Utilize non-reflective roof materials. 4) Utilize natural or natural colored materials for the exterior surfaces of any new development. 5) Make additional plantings of trees and shrubs as needed to further screen the pt~erty from Highway $2. ~ Utilize motion detection devices on many of the external and internal lights of the new construction in order to control light spill. 4. WI D AND WILD I HaRlTAT PRnTFr"I'ION: The Owner wilt; A. Insure that, except where necessary for safety, all fences outside the Building Envelope are built "wildlife friendly." lndependena Land, LLC GMQS Covenant Pared 1QA 2737-283-00-610 Page 4 n I~mN~~~~~~~ 5~'?855 9 B. Regarding DOgx JgNICE R Y05 CJaAILL PIrxIN Cgwlr ~p 08/25/2006 01:18f R 46.00 D 0.00 I) Restrict the property to one dog that sha!! be kenneled. 2} Instruct all contractors and workers that during construction they will not be allowed to bring dogs onto the property. C. Engage a wildlife biologist to make recommendations regarding habitat avoidance, disturbed area Ieclamations, end wildlife mitigations and to follow those recommendations. D. Regarding Bears: 1) Provide bear proof containers during and after construction. 2} Utilize round or other non-lever type door handles in order to minimize a bear's ability to gain entry into the home. 3) Install a home cooling system in order to minimize open doors and windows in the summer, which are the way bears primarily gain entry into homes. 4} Commit to not planting nut, bevy or fruit producing trees or shrubs except as required in the revegetation of disturbed areas with nafive vegetation. 5. DONATIONS: The Owner will: A. Donate $5,000 to Atkin County Open Space Boazd for use toward the construction of an additional 100 feet of the currently incomplete East Aspen Trail. If these efforts cannot commence within two years of the donation the funds may be used for other Opeo Space Board projects in the East Aspen area. B. Contribute $5,500 to the Atkin County Open Space Board's efforts to stabilize sections of banks of the Roaring Fork River as it traverses the nearby North Star Nature Preserve (this is the estimated cost of stabilizing L00 feet of bank). C. Contribute $3,333 to the Aspen Fire protection Disp-ict for the purchase of a new Handheld Thermal Imager (this is one third of the estimated $10,000 cost) D. Contribute $2,500 to Firkin County Open Space Board for ase in its noxious weed control efforts on the North Star Narure Preserve. iw Donate $1800.00 to the East Aspen Caucus, which Qwest has quoted to be the estimated cost of five years of the service wst of the emergency phone W be installed by Maureen McC7uskey in the island between Highway 82 and the access road to D'dficult Campground. The East Aspen Caucus will hold these funds in a manner approved by the County Attorney for the above specific purpose, but if after (5) years the above installation has not taken place then the East Aspen Caucus shall notify and make a recommendation to the County to use the funds for an alternative East of Aspen community improvement project that shall be approved by the County and any other involved agencies. Indepmdcncc [.and, LLC GMQS Covenant Pazzel 1D02I37-283-00-61(1 Page 5 ~^~ ~1" ~~I I~ III.I 1110 ~ ~ Ipl 0 612 5 /820 06 0 1 :181 JWVICE K VOS CHUD[LL PI7KIN COVN7Y CO R 46.00 D 8.00 A The Applicant commits to fund one third oaf the cost of burying the overhead utllities from the pole at the Meens shack, crossing Difficult Lane to the first pole on the McCloskey property and the wires from the Means Pole crossing Highway 82 to the pole to the north which curretniy connects to buried utilities Jf by the time of Final Inspection of the Property, Holy Cross is unable to obtain the easement for the burying ~ these utilities, the above fiords will be donated to P'itldn County Open Space Board for the specific purpose of the braying of these overhead wires when the easements do become available. If after three years of the donafion Holy Cross still does not have the required easements to bury the above utilities, the donated funds may then be used by the Open Space Board as it sees fit 6. TIMELY COMPLETION OF O MI'I'A~i'I' A. The Owner shall complete the following prior to issuance of a Building Permit I) Make the donations listed in SA through SE above. 2} Submit a detailed Drainage and Erosion Conird Plan 3) Obtain the plan from a wildlife biologist regazding habitat avoidance, disturbed area reclamations, and wildlife mitigations, which plan shall include a timeline for implemcntadon of the recommended measures. B. The Owner shall complete the following prior to the final inspection of the new construction: 1) Fund one third of the cost of burying the overhead utilities as outlined in SF above. 2) Install landscaping designed to further screen the development 3) Remove the overhead wires and pole wnnecting the current residence to the main lines along Highway 82. C. The following commitments wilt be completed within one growing season of the project's final inspection. 1) Revegetate the areas disturbed during construction following the recommendations of the wildlife expert as mentioned in 4C above. 7. RECORDATION: Once fully executed, this Covenant shall be recorded in the Office of the Pitkin County Clerk and Recorder. 8. NOTICES: Notices to the parties sball be sent by United States certified mail to the addresses set forth below or to any other address which the parties tray substitute in writing. To the Owner: Independence Land, LLC 1601 Arapahoe Street -Suite #700 Denver, Colorado 80202 Independence land, r.r r GMQS Covenant Parcel 1Di 2737-283-00-610 Page 6 .~7 pall n~ ~ J J ~ I'~n11n~p~1 ~~~,tl~.016~~ 889 5/82086 0t:181 JR3SCE K VOS CWAILL PtTKiN CdMTY CO R %.00 D 0.00 To Pitlun County: Community Development Department 130 S. Galena St Aspen, Colorado 81611 With a copy to: Pitlcin County Attorney 530 East Main Street, Thitd Floor Aspen, Colorado 81611 9. BINDING EFFECT; The provisions of this Covenant shall run with and constitute a burden on the Property and shall be binding an and inure to the benefit of the Owner, its successors, personal representatives, and assigns, and Pitlrin County, its successors, personal representatives, and assigns. 10. AMENDMENT: This Covenant may be amended only by written instmment executed by the parties, upon approve! by the Pitlrin County Board of County Commissioners. 1l. SEVERAB[LTI'Y: If any of the provisions of this Covenant are detemtined to be invalid, it shall not affect the validity of the remaining provisions hereof. 12. ATTORNEY'S AFC; In the event of litigation for the enforcement of the provisions of this Covenant, the prevailing party shall be awarded its rea~nable court costs and attorney's fees. 13. NON-WAIVER: Any failuie to enforce a requirement of the Covenant shall not constitute a waiver of the right to enforce any other requirement, and shall not constitute a waiver of the right to any further enforcement of any requirement of this Covenant. APPROVED AS/T'O FORM: ~ t.,e l Q~;~o ~..,cFt- 1 (31Wy Houtxn, Community Developmrnt Duector Independence land, LI.C GMQS Covenant Parcel ID;f 2?37-283-0Q-610 Page 7 ~1~"''40 ~~ ~~.: OWNER: Indenetldencr: i and i i ~` EXHIBIT ~ /b RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A TWO YEAR EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THEODORE AND SHANNON SKOKOS Resolution No.~-2pp8 RECITALS 1. Theodore and Shannon Skokos ("Applicant") have applied to the Pitkin County Board of County Commissioners ("BOCC") to request a 3 year vested right associated with the approvals granted pursuant to Hearing Officer Determination No. 15-2005. 2. The parcel is located at 41 Popcorn Lane, and is more specifically described in Exhibit A. 3. The parcel is zoned AR-10 and contains 2.178 acres. 4. The Planning and Zoning Commission granted 1041 hazard review approval for the existing residence pursuant to Resolution No. 83-25. At that time the property was identified as being within an avalanche hazard zone. The structures were designed to withstand the "design avalanche," as required by the approval. A building envelope was not established at that time. 5. The Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay review, special review and GMQS exemption approval, pursuant to Determination No. 15-2005. the approval established a building envelope, and designated the parcel a TDR receiver site to utilize TDRs for additional floor area up to 10,750 square feet. The vested rights expire on May 17, 2008. The site plan was recorded in Plat Book 74 at Page 66. The Applicant subsequently obtained a 5,000 square foot growth management allotment for additional floor area, which allows up to 10,750 square feet of floor area. The parcel has also been involved in several lot line adjustments with adjacent parcels; the most recent resulted in a decrease in the size of the parcel From 2.981 to 2.178 acres. 6. The BOCC heard this application at a public meeting on March l2, 2008 at which time evidence and testimony were presented with respect [o this application. 7. The BOCC finds that it is appropriate to grant a limited extension of the vested rights (two years) in order to allow for continued negotiation between the Applicant and the County regarding [he adjacent Wildwood Parcel in the hope that coordinated development of the subject parcel and the Wildwood Parcel would provide more public benefit. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant a two year vested right for Theodore and Shannon Skokos, 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 public hearings and in the application. Z. This vested right is granted in association with the 1041 hazard review and conceptual submission approval granted pursuant to Hearing Officer Determination No. IS-2005. RECEPTION#: 548078, 04!04!2008 at 12:44:13 PM, ~'.;'~ ~~ I 1 of 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution Na. ~-2008 Page 2 3. Pursuant to Sec. 2-20-120, the provisions of [he Land Use Code in effect at the time of Hearing Officer Determination No. 15-2005 approved on May 17, 2005 shall govern the development of the parcel during the period of extension of vested rights as herein granted. 4. Statutory vested rights for the approvals referenced herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on March 12, 2010. APPROVED AND ADOPTED on the 12`" day of March, 2008. PUBLISHED AFTER ~OPTIQyN FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the ~ ay of 2008. u BOARD OF COUNTY COMMISSIONERS OF PITKIN4 C/OUNTY, COLORADO Ja atfield, Ch rman Date: f~/~L f' APPROVED AS TO FORM: John El un ttomey Case dPl 13-07 PID 273728300020 .D Y9 ~i-'~ ~ ,G APPROVED AS TO CONTENT: Ci dy Houben, Community Development Director C ~/OS/2008 11:02 FAX 214 599' .7 Skokos ~~ Wildwood Parcel Contract 9/5/2008 AGREEMENT FOR PURCHASE AND SALE OF WILDWOOD PARCEL This Agreement ("Agreement") made this day of 2008 by and between PI'PKIN COUNTY, COLORADQ, a home rule Colorado County, ("County") and THEODORE C. SKOKOS and SHANNON B. SKOKOS (collectively "Skokos"). RECITALS A. Skokos is the Owner of a 2.178 acre pazcel of land and a 0.6 acre parcel of land situated in the County of Pitkin more fully described in Exhibit "A" attached hereto ("Skokos Pazcel"). B. The County has legislatively arranged under Federal Act known as the Pitkin County Land Exchange Act of 2006, the exchange ("Exchange") of a pazcel owned by it, commonly called the "Ryan Parcel," situated in the Ashcroft area of the Castle Creek Valley in Pitkin County, for an 8.60 acre, more or less, (the "Wildwood Pazcel"} pazcel of land which is adjacent to the Skokos Pazcel with the United States Forest Service ("USFS"). The Wildwood Pazcel is described in Exhibit "B" attached hereto. There az'e other lands involved in the exchange to be acquired by the County which are not involved in this Agreement. C. The Skokos Pazcel and the Wildwood Parcel and matters relevant as hereinafter referred to in this Agreement aze shown by sketch on Exhibit "C" attached hereto. D. The ownership of the Wildwood Pazcel is contested, Skokos asserting a claim by virtue of conveyances made to Skokos by parties involved in a dispute with the USFS far approximately sixty-eight years. Nothing in this Agreement shall be construed as a waiver of those claims. E. In order to facilitate the Exchange and to assist the County in acquiring additional replacement properties therefor, Skokos is willing, upon the terms and conditions herein contained to purchase the County's interest in the Wildwood Parcel acquired in the Exchange from the USFS. F. In order for the County to permit Skokos to purchase the Wildwood Parcel the Exchange is required under the County's home rule chatter to be approved by a vote of the County electorate. G. Skokos intends to obtain land use approvals in accordance with the County's Land Use Code ("LUC") for the following improvements; a 3350 square foot free mazket single family dwelling unit, as measltred by the County's Land Use Code in effect at the time of building permit, constructed above grade on the Wildwood Parcel on a development envelope consistent with the LUC regarding stream and setback requirements and mitigation for avalanche hazards as determined in the land use process; for snowmelt of driveways, sidewalks and decks on the Wildwood Parcel and the Skokos Parcel; and for the construction of a footbridge across the Roaring Fork River to permit pedestrian access as between the Skokos and Wildwood paz'cels. EXHIBIT ~~ J l7~li.[sn J... 09/05/2008 11:02 FAR 214 599'.x77 Skokos (~ 0002/0008 Wildwood Parcel Contract 9/5/2008 H. In furtherance of the parties mutual interests herein, Skokos intends to promptly submit all land use applications for permits required to pursue improvements on the Wildwood Pazcel and Skokos Parcel as described above, and the County intends to review such applications in accordance with applicable laws. I. Skokos supports the continued operation of the existing boat ramp and river access and associated parking accessed by Wildwood Lane and situated on USFS lands lying westerly of the Wildwood Parcel. I. Skokos acknowledges the Amended and Restated Temporary Construction Easement between Independence Land, LLC and Morningstar Owners Association recorded on 9/15/2006 at Reception No. 528669, and declares his intent to abide by this agreement including access on the Wildwood Parcel to the downstream bridge through December 31, 2011. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the County and Skokos agree as follows: I . Areeement to Purchase• Price Skokos agrees to purchase and the County agrees [o sell its interest in the Wildwood parcel acquired from the USFS to Skokos, conditioned upon the County consummating the Exchange, and the other conditions herein contained being satisfied, for a purchase price of $2,000,000, 2. Form and Time of Payment. The purchase price shall be paid in good and sufficient funds at Closing (as hereinafrer defined). 3. Additional Consideration. As additional consideration for the agreement of the County to sell and convey its interest in the Wildwood Parcel to Skokos, Skokos agrees as follows: a. To accept the Wildwood Parcel subject to the reservation of a sixteen foot (16') public trail easement held by the USFS or the County consisting of a six foot (6') separation from the Colorado Department of Transportation Highway 82 pavement and a ten foot (10') surface for the trail over, along and across the northerly side of the Wildwood Parcel generally as shown on Exhibit "C" in order to extend the East Aspen Trail towards the entrance of USFS's Difficult Campground the exact location to be mutually agreed upon by Skokos and the County prior to Closing. Such easement shall be non-exclusive and designed and constructed in such a manner as to mitigate to the extent possible the impacts of the trail nn [he Wildwood Pazcel and the Skokos Pazcel. b. To accept the Wildwood Parcel covenanted permanently against development of more than one residential structure of 3350 square feet. 09/OS/200a 11:02 FAR 2l9 599f ~. n77 Skokos I X0003/0008 Wildwood Parcel Contract 9/5/2008 4. Buvers Understanding Regarding Fencing and Potential Additional Skokos Parcel Floor Area. County agrees that as of the date of execution of this Contract, pucsuan[ to section 11-10 of the County Land Use Code, fencing in compliance with standazds promulgated by the Colorado Division of Wildlife is not subject to the requirement of any County Land Use Permit. The County agrees to exercise good faith in consideration of perimeter fencing on the property. County further agrees that, notwithstanding any condition in prior land use approvals affecting the Skokos Pazcel, as of the dale of the execution of this contract, the County Land Use code allows Skokos to apply for and be considered for the right to construct 2500 squaze feet on the Skokos Parcel by the use of transferable development rights, said 2500 square feet to be in addition to that presently authorized by prior Land Use Approvals. The County agrees to exercise good faith in consideration of such application for additional squaze footage. 5. County Obli ations' a. Approval of the Electorate. The County agrees to submit the question of the approval of the Exchange in the general election to be held in November of 2008. The County's obligation to sell the Wildwood Parcel to Skokos shall be conditioned upon it obtaining voter approval of the Exchange, and upon the USFS otherwise consummating the transactions contemplated in the Pitkin County Land Exchange Act of 2006. If such approval shall not be obtained or the USFS not convey its interest to the County, this Agreement shall be terminated and each party released from further obligation hereunder. h. Skokos may seek County approval for snowmelt driveways, sidewalks and decks on the Wildwood Pazcel and the Skokos Pazcel in accordance with the County's REMP requirements. In connection therewith Skokos shall be given credit for existing snowmelt conshvcted prior to Ianuary of 1946. a COUNTY APPROVAL OF CONTRA T Notwithstanding the signature hereto by the Open Space Director on behalf of the County, the obligation of County [o perform hereunder is expressly conditioned upon the adoption by County of an ordinance authorizing the sale of the Property to Buyer pursuant to this Contract. In the event such ordinance is timely adopted. County shall re-execute this Contract by the signature of the Chairman or Vice-Chairman of ehe Pitkin County Boazd of County Commissioners. 6. Title. Subject to the exclusions provided in paragraphs 3(a&b) and 7, Pitkin County will convey all it's interest in the Wildwood Pazcel as acquired from the USFS, which conveyance shall not reserve rights of public access, except, provided however, that nothing contained herein is intended to limit the rights of the public to navigate the Roaring Fork Rivet' itself. 7. Exclusion• Popcorn Lane Access Pazcel. There shalt be excluded from the Wildwood Parcel to be conveyed to Skokos the portion thereof tying southerly and easterly of and including the roadway known as Popcorn Lane, a/tc/a Difficult ~l'dtl;'[..r 09/05/2008 J1:03 FAX 2J.4 599 1977 Skokos r~0004/0008 Wildwood Parcel Contract 9/5/2008 Lane, consisting of 0.40 acres, more or less. For purposes of this paz•agraph, "the roadway" shall mean that area seven and one half (7.S) feet on either side of the centerline of the roadway. The excluded area is shown on Exhibit "C" attached hereto. Skokos agrees to grant an access easement and underground utility casement for unobstructed access to the Morningstar Development, along and across the portion of the Wildwood Pazcel conveyed to them, i.e. the easterly fifteen feet (I S') thereof. 8. Closing. The closing of the sale and conveyance of the Wildwood Parcel to Skokos ("Closing") shall occur at such time as the County shall be able to effect closing of the Exchange. At the time as that exchange shall have occurred the County shall provide Skokos with twenty (20) days advance notice of its readiness to close. The Closing shall occur on the 20th day following such written notice or at such earlier or later date as the parties may mutually agree. The Closing shall occur at the offices of Land Title Guarantee Company. At Closing Skokos shall deliver the purchase price in good and sufficient funds in exchange for the County's conveyance of the property as further described in paragraph 5. 2. Possession. Subject to the reservation of the public trail easeJent in paragraph 3a and the exclusion described in paragraph 6, possession of the Wildwood Parcel shall be delivered to Skokos at the Closing. 10. Closine Costs• Taxes. Each of the parties shall pay one half of the customary closing costs in connection with the transaction. There shall be no requirement for the proration of taxes because the Wildwood Pazcel will have been tax exempt in the ownership of the USFS or County (following the Exchange) until the Closing. [t shall be Skokos' responsibility to advise the Assessor's Office of the taxability of the parcel following Closing. 11. Condition of Wildwood Pazcel. The sale of the Wildwood Parcel by the County to Skokos is "as is," in its present condition with all of its faults. Skokos acknowledges familiarity with [he Wildwood Parcel end agrees to accept the same upon such leans. 12. Soecific Performance Reme~. This Agreement shall be enforceable by specific performance by either party upon satisfaction of all of the conditions of sale to be made and met by both the County and Skokos. 13. No Broker. Each of the parties hereto wazrants to the other that no broker or finder has been engaged by either or has a right to a commission with the sale contemplated by this agreement. Each party agrees to hold the other party hazmless from any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees, resulting from any breach of the representations and waaatrties contained in this Section. 09/05/2008 11:03 FAX 21.4 599 ,a77 Skokos ~ X0005/0008 Wildwood Parcel Contract 9/5/2008 14. Assienment. Skokos cannot assign all or any part of their rights of obligations hereunder without the prior written consent of the Seller and the County may not sign its rights or obligations hereunder to any party without the written consent of Skokos. The foregoing notwithstanding, the County may assign its rights and obligations to a qualified land trust in order to facilitate the completion of the transactions herein contained. Any such assignment shall be on condition that the assignee land trust assume and agree to the obligations of the Cormty hereunder. 15. Notices. All notices and consents required or permitted under this agreement shall be in writing and shall be given by certified mail return receipt requested or delivery by a nationally recognized courier service duetted as follows: If intended for Skokos: Theodore C. Skokos 2801 Turtle Creek Blvd., #6E Dallas, TX 75219-4873 With a copy to: Leonard M. Oates, Esq. Oates, Knezevich, Gardenswartz & Kelly, P.C. 533 E. Hopkins Ave., 3`d Floor Aspen, CO 81611 If to the CounTy: Pitkin County, Colorado Attn: John M. Ely, Esq. Pitkin County Courthouse Annex 530 E. Main Street Aspen, CO 8161 l With a copy to: Dale Will, Director Pitkin County Open Space and Trails Department Pitkin County Courthouse Annex 530 E. Main Street Aspen, CO 81611 16. Benefit. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective, heirs, successors and permitted assigns. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and may not be modified in any matter except by an instrument in writing signed by both parties. This Agreement supersedes and replaces all earlier agreements or 09/05/2008 11:03 FAX 214 5991 x.,77 Skokos Cdj 0006/0008 Wildwood Parcel Contract 9/5/2008 understandings of the parties whether vnitten or with respect to the subject matter hereof. 18. Headines. The headings herein are insetted only for convenient reference and do not define, limit or prescribe the scope of this Agreement or any section or subsection hereof. 19. Mereer. The representations, covenants and agreements contained herein shall not be merged into the vazious documents executed and delivered at the closing and shall survive the closing except as ]united by this Agreement. 20. Counterparts. This Agreement may be executed in multiple counterpazts which together shall constitute a final agreement. Facsimile signatures are as binding as original signatures. 21 SeverabiliN. If any provision of this agreement or its application to any person or situation, to any extent, shall be held invalid or unenforceable. The remainder of this Agreement and the application of that provision to all persons or situations other than those to which it has been held invalid or unenforceable shall not be affected, but shall continue valid and enforceable to the fullest extent permitted by law. 22. In no way shall waiver by either party of any provision hereof shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same or any other provision. 23. Construction. The County and Skokos acknowledge each to the other that both they and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities aze to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits to it. Any words following the words "include," "including;' "such as," "for example," or similaz words and phrases shall be illustrative only and aze not intended to be exclusive whether or not language ofnon-limitation is to be used. 24. Situs. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. In the event of any litigation between the parties with respect to the subject matters of this Agreement the prevailing party shall be entitled to recover all of its or their reasonable attorney's fees and costs from the other party. 25. LxclusiviN. So long as this Agreement has not been terminated and so long as Skokos is not in default hereunder, the County agrees that during the period from and after the date of this Agreement the County shall not solicit or respond to offers from others relative to the sale of the Wildwood Parcel or enter into or negotiate any contract, letter of intent, or term sheet for the sale of the ~~'°~~:g 09/05/2DOH 11:03 FAX 214 599',477 Skokos ~ X0007/0008 Wildwood Parcel Contract 9/5/2008 Wildwood Parcel to any respective party other than Skokos, except as regard to the lands excluded from this agreement under pazagraph 7. 26 Relationship of Parties. Nothing in this Agieement shat] be construed or deemed to make or constitute either party, partners, joint ventures or any other form of joint participants in the acquisition and ownership of the Wildwood Parcel with the other and the parties agree and aclmowledge that the sole and exclusive nature of their relationship is as small as seller and purchaser. 27. Exhibits. All Exhibits to this Agreement are a part of this Agreement and are incorporated into it by reference. References to Section numbers and Exhibits unless otherwise stated aze to Sections in and Exhibits to this Agreement. 28 Date of Agreement. Any references to the date of the "Agreement" mean the date contained on Page 1 of this Agreement. 29. Saturdays. Sundays and Holiday. If any period of time expires on a Saturday, Sunday or legal holiday of the State of Colorado, the date of performance shall be the next day which is not a Saturday, Sunday or legal holiday. IN WITNESS WHEREOF, the parties hereto duly executed this Agreement as of the day contained on the first page of this Agreement. PITKIN COUNTY, COLORADO. ACTING BY AND THROUGH 1TS BOARD OF COUNTY COMMISSIONERS Attest: By County Clerk Chairman Approved as to form; John Ely, County Attorney Dale Will, Open Space Director JAN. 12. 2009 ':43PM OATES KNEZEVICH GARDENGWARTZ N0. 4335 P. 1 EXHIBIT 9 ~~ FIRST AMENDMENT TO COVENANT IN ASSOCIATION WITH AMENDMENT OF 2006 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT ("FIRST COMPETITION'S AWARDED TO THE INDEPENDENCE LAND, LLC PROPERTY This First Amendment is made on the _ day of 2009 by Theodore C. Skokos and Shannon B, Skokos, (collectively "Skokos") whose address is 2801 Turtle Creek Blvd, #6E, pallas, TX 75219_ RECTTALS A. Skokos aze the owners of the property located at 41 Popcorn Lane with Pazcel ID No. 2737-283-00-610, lying in Pitkin County, Colorado and described in Exhibit "A» ("Pzoperty"). B. Skokos' predecessor in title, Independence Land, LLC, entered into a certain Covenant in Association With The Firkin County 2006 Rural Area Residential Growth 1lRanagement Quota System Allotment ("First Competition") Awarded To The Independence Land, LLC property ("Covenant'). C. The Covenant is recorded as Reception No. 527855 of the records of Pitkin County Colorado. D. The Covenant contains six recitals on its first page, recitals 2, 3 and 4, of which are restated herein. E. Pursuant to the Covenant in Section 1 of the body thereof contained on Page 2 thereof, Independence Land, LLC, covenanted by a covenant running with the land that development of the property could not exceed in perpetuity 10,750 sq. fr. of floor area as calculated under the Firkin County Land Use Code. F. Subsequent to having purchased the property from Independence Land, LLC, Skokos entered into a contract with the County for the purchase of a property adjoining the Property commonly known as the Wildwood Pazcel (the "Wildwood Parcel ContracY~, Under the Wildwood Pazcel Contract the County and Skokos agzeed that Skokos could apply for the use of a transferable development right ("TDR") allowing an additional 2,500 sq. ft. of development on the property for an aggregate of 13,250 sq. ft. G. Skokos has applied to the Covnty to amend the 2006 Land Use Approval for the Property in order to allow the approval of the property as a TDR receiver site in order to increase the allowed development beyond the permitted 10,750 sq. ft. by an additional 2,500 sq. ft. for an aggregate of 13,250 sq. ft. which approval has been granted by the County (the "2009 Approval")_ H. The County has required in connection with the 2009 Approval that Skokos amend the Covenant to reflect the modification to allow the additional square footage set forth in Recital G. above, and otherwise to ratify and confirm the provisions of the Covenant, NOW, THEREFORE, Skokos hereby makes the following amendment as the First Amendment to the Covenant as follows: ~~vl~~~~ JAN. 12. 2009 ':43PM GATES KNEZEV:CH GARDENSWARTZ ho. 4335 P. 2 1. Paragraph 1 of the Covenant as contained on Page 2 thereof is hereby deleted in its entirety and the following is substituted therefore: "1. DEVELOPMENT. ALLOWABLE INTENSITY: The ntaxnuum limit on floor area is hereby established at 13,250 sq. ft. as measured and calculated at the time of building permit issuance for the construction of a single family residence on the property. To ensure the efficacy of the floor azea limitation the use and approval of transferable development rights (`°1'DRs'~ or future growth management allocations to exceed 13,250 sq. ft. of floor area on the Property is strictly pzohibited. This covenant provides a guaranty running with the land for which Pitkin County is hereby named a beneficiary, pledging a perpetual commitment to this representation of intensity reduction." 2. The Covenants contained in Section 2 through 7 and 9 through 13 of the Covenant, inclusive, aze hereby restated, ratified and confirmed, 3. Paragraph 8 of the Covenant is hereby amended to provide that any notice required to be made to the Owner (Skokos) shall be addressed as follows: Theodore C. Skokos Shannon B. Skokos 2801 Turtle Creek Blvd. #6E Dallas, TX 75219 Approved as to form: PTI'RIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Name Title SKOKOS: Theodore C. Skokos 5bannon B. Skokos ACKNOWLEDGMENT ON FOLLOWING PAGE STATE OF COLORADO 1 y JA~'.12.2009 1:43PM OATES KNEZEVICH GARDENSWARTZ N0. 4335 P. 9 )ss. COTJNTX OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2009 by as of the Pitkin County Community Development Department. Witness my hand and official sea. My commission expires: Notary Public STATE OF ) )ss. COL7NT'Y OF ) The foregoing instrument was acknowledged before me this day of , 2009 by Theodore C. Skokos and Shannon B. Skokos. Witness my hand and official sea. My commission expires: Notary Public )r~r n ~~, ~~.5~ PUBLIC NOTICE RE: Skokos Special Review for TDR Receiver Site and Minor Amendment to Development Permit (CASE P004-09) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, April 22, 2009 to begin at 12:00 P.M., or as soon thereafrer as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen, to consider an application submitted by Theodore and Shatmon Skokos (2801 Turtle Creek Boulevard, #6E, Dallas, TX 75219) for special review for a TDR Receiver Site and an amendment to an existing development permit. The property is located at 0041 Popcorn Lane and is legally described as a parcel of land located in the SW '/< SW '/< of Section 28, Township 10 South, Range 84 West of the 6`h P.M. The State Parcel Identification Number for the property is 2737-283-00-020. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. s/James True Pitkin County Heazing Officer Published in The Aspen Times Weekly on Mazch 22, 2009. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. 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 date of the public hearing 2. Submit the Affidavit of Notice (Code Section 2-20-100) by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least Tifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PUBLIC NOTICE RE: Skokos Special Review for TDR Receiver Site and Minor Amendment to Development Permit (CASE P004-09) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 17, 2009 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the Library Meeting Room, 102 North Mill Street, Aspen, before the Pitkin County Hearing Officer, to consider an application submitted by Theodore and Shannon Skokos (2801 Turtle Creek Boulevard, #6E, Dallas, TX 75219) for special review for a TDR Receiver Site and an amendment to an existing development permit. The property is located at 0041 Popcorn Lane and is legally described as a parcel of land located in the SW '/a SW '/a of Section 28, Township 10 South, Range 84 West of the 6~" P.M. The State Parcel Identification Number for the property is 2737-283-00-020. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. s/James True Pitkin County Hearing Officer Published in The Aspen Times Weeklv on February 15, 2009. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. 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 date of the public hearing 2. Submit the Affidavit of Notice (Code Section 2-20-100) by Posting 8c Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pickup Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 January 28, 2009 Sunny Vann 230 East 1 I opkins Ave. Aspen, Co 81611 vannassociates@comcast.net Re: Sl:okos Special Review for TDR Receiver Site and Minor Amendment to Development Permit(PID 2737-283-00-020; Case P004-09) Deaz Mr. '~ ~uui: The Planning Office has completed its preliminary review of the captioned application. We have determined that this a nplication 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 applicati~ ~. The planner in chazge of the review will request the information from you directly. We have s. ;ieduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, >\ larch 17, 2009, at a meeting to begin at 3:00 p.m. in the Library Meeting Room, 102 North Mill Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days of the dat ~ f this letter. After that the agenda date will be considered final and changes to the schedule or tabling o ~e application will only be allowed for unavoidable technical problems. The ]'ridgy before the meeting o.. ie, we will call to inform you that a copy of the memo pertaining to the application is available at the Planni; ~=Office. Please be aware that the Hearing Officer will be billed at $175 per hour. Please no' . that it is your responsibility to post a public notice sign on the property at least 15 days prior to the heari~ ~ i and remove it within one week after) and to mail notice to all adjacent property owners and mineral c <<e owners at least 30 days prior to the hearing with the return address of the Community Develop, ut llepartment (copy of notice will be mailed to you by the Community Development Departure i). The names and addresses shall be those on the current tax records of Pitkin County as they appeared , more than 60 days prior to the date of the public heazing. Please submit the enclosed Affidavit of Notice ! ;~ Posting & Alailing as proof of compliance with the Code at the hearing. If you ha• ~ ~y questions. please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerer. Bonnie ~~ chtler Administ~. ~iveAssistant Encl: Aff ~ it (Code Section 2-20-100) PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Open Space and Trails East of Aspen Caucus FROM: Suzanne Wolff, Community Development Department RE: Skokos Special Review for TDR Receiver Site and Minor Amendment to Development Permit, (PID 2737-283-00-020; & Case P004-09) DATE: Januazy 28, 2009 Attached for your review and comments are materials for an application submitted by Theodore and Shannon Skokos. The Pitkin County Heazing Officer will review the application on Tuesday, March 17, 2009. Please return your comments to me by Friday, March 6, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. 1liunk you. 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I i~ r m 0 m n D A f// N JC V ~ O O ~ JC ~ V O A N (7 O ~ ~ .~ _ ~ W O a m r a n m W o ' ~ m ~ a m .. rn -, ,~ ,~ ,, -, // I ~ ~ I ~ ~ ~ I / ~ I ~~ I /~ / I /~ ~ I ~ I I I I I I ~ I ~ I ~ I/ / ~ N Ul t7 _. d ~* O O f\J pi N II O ~ ~ 0 r fY N O O b / ~ I ~ ~ ~ I / i ~ // ~ ~ ~ i ~ / '~ ~~ / ~ % ~ / / / / ~ /~ ~ ~ / ~ ~ / ~ ~ / ~ / ~ i ~ / / / / / ~ ~ ~ / ~ i / ~ / / i First Floor ~----~ r------ ----~ ARTHUR CHABON ARCHITECT I' !~ Ii ~~ II II ,~; ~ ~ 1 Skokos Residence 4 Popcorn Lane Aspen,Colorado,81611 Second Floor Area Comparison 0 p t ion 'A' & 'B' Scale 3132'=1'•0' 3 May 13, 2009 1 t, ' ~ ^ ~,:~ ~ _~ . r ~~-- ,.r ~ ,~ ARTHUR CHABON ARCHITECT Skokos Residence 4 Popcorn Lane Asnan (:olnrado Views From Highway 82 4 1 ~t 3 " ~5 ~~ 6 R 4 ~I :~~ '~ ~~ ~ f f. ~, ~ ~`~ *. • ~~ • ` ~` i May 8, 2009 County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, y~~/~//S/7 V~~y~i/ ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the atta hed list, on the~~day of/t_2~[~~00_ (which ics~~ days prior to the public hearing date of .The names and addresses of the adjacent property owners shall be those on the current t records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the. owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the _ day of , 200_ (which is _ days prior to the public hearing date of ~. The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuou place on the subject property (as it could be seen from the nearest public way) on the to day o /°~~L , 200_, which is east fifteen (15) days prior to the public hearing. A photograph of the posted sign is attache. ier to. ~~ C: $~•~l'°S Annli~~nt'o n~mo µ~ ~zz day of PRi L , ¢/~/~ PITKIN ~UNTY COMMUNfTY DEVEL~MENT Permit Receipt RECEIPT NUMBER 00027205 Name: Theodore C Skokos Date:1/12/2009 Project Address: 41 POPCORN LN Type: check # 5111 Permit Number Fee Description Amount 0004.2009.PLAN PP- Flat Fee 0004.2009.PLAN PP- Clerk Tech Fee 0004.2009.PLAN PP- Public Notice Fee 1,996.00 25.00 54.00 Total: 2,075.00