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HomeMy WebLinkAboutpitkin.planning.264910100021 (2009) ~~~ZJ1VI~1~'I' L. ~~'~~JT 'FIIIS ~'IL~ MAY f3R IS~IAY NOTi CE3NTAFN ALA,' (lF TIE INFCRI4'IA'i'I®N LIS~~D II~LQ~v`.' IN TIII; F€ILLC~ING ~FZt3~R Sc~~aarFtary Sheet ~esota~tion for the BCCC a~el/or ~ce~ ®r€Iinanee for the ~Q~CC anci/car PAZ I2eterneinatioa~ for the Iiearintg ®faacer A~E~eaisnistrative I2eterminatson Staff Meano Applieatiom Pnbtic 1Votace, Aceeptar~ee Letter, R.eferrai(s) Letter Site Plan 1F'IisceIIaneotas Plat(s) ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE GSS PROPERTIES, LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW FOR A BARN, GREENHOUSE & ROOT CELLAR Administrative Decision No.u~ -2009 RECITALS 1) GSS Properties LLC (hereafter "Applicant") has applied to the Community Development Director of Pitkin County (hereafer "Director") to establish an Activity Envelope and obtain Site Plan review approval to construct a hay barn, and to obtain Site Plan review approval to construct a greenhouse and a root cellar within the existing building envelope. 2) The property is located at 8888 Highway 133, and is more specifically described in Exhibit A. 3) The pazcel contains 55 acres and is conforming in size in the RS-30 zone district. 4) The BOCC granted 1041 hazard review and conceptual submission approval pursuant to Resolution Nos. 94-199 and 95-231; these approvals contemplated construction of a new single family residence and deed restriction of the existing residence as a caretaker dwelling unit. The vested rights expired and the Hearing Officer subsequently granted a new approval, pursuant to Determination No. 99-15; the site plan was recorded in Plat Book 51 at page 4. This approval contemplated expansion of the existing residence as the primary residence, rather than using it as a caretaker dwelling unit. The Hearing Officer granted an amendment to the approval to permit the pond and other landscape entry features to be completed and to permit two livestock shelters to be constructed, pursuant to Determination No. 40-2001; the amended site plan was recorded in Plat Book 60 at Page 38. The Community Development Director approved a third livestock shelter, pursuant to Administrative Decision No. 56-2002. The remodeling and expansion of the residence is complete, and a barn and two of the livestock shelters have been constructed. The existing residence and garage contain 5,241 square feet of floor area; the barn contains 3,745 square feet. The Hearing Officer granted approval pursuant to Determination No. 04-2008 to utilize one TDR to develop a caretaker dwelling unit, garage and additional storage space. The Applicant appealed one condition of that approval; the BOCC granted the appeal, pursuant to Resolution No. 083-2008. The third amended site plan was recorded in Plat Book 87 at Page 42. 5) The Director finds that the activity envelope and site plan complies with the applicable provisions of the Land Use Code ("Code"), as follows: A) There are no areas with slopes in excess of 30% within the existing building envelope or the proposed hay barn activity envelope. B) The proposed strnctures will be located more than 100' from the Colpitt's Ditch that traverses the property. C) The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7-20-60© of the Code. D) The property is located within bighorn sheep overall range and winter range and within elk winter range, and is within''/4 to ''/z mile of elk production areas to the east. The proposed hay barn is located more than '/a mile from the elk production area, as required by Sec. 7-20-70(d)(7) of the Code. The proposed greenhouse and root cellar will be located adjacent to the barn and will not create additional impacts on wildlife. RECEPTION#: 563111, 09!25/2009 at 11:43:49 AM, 1 of 4, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Administrative Decision Na~U-2009 Page 2 E) The property is not visible from Highway 133, and therefore, is exempt from review pursuant to Sec. 7-20-120(c) of the Code. F) The hay barn, greenhouse and root cellar will be located at the edge of a meadow, and are consistent with the rural character guidelines for building location in Sec. 7-20-120(e) of the Code. The greenhouse and root cellar will be clustered adjacent to the existing barn, and the hay barn will be located to the east of the riding arena in a previously disturbed area where hay is currently stored under tarps. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of Hearing Officer Determination Nos. 99-I5, 40-2001 and 04-2008, Administrative Decision No. 56-2002, and BOCC Resolution No. 083-2008 shall remain in full force and effect, except as amended herein. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an amended Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Site Plan shall be revised as follows: A. Add a note explaining the purpose of the amended site plan: to designate an activity envelope for a hay barn, and to site the hay barn, greenhouse and root cellar. 4. Prior to issuance of building permit applications for the agricultural buildings, the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. B. Submit a construction management plan for review and approval by the Planning Engineer. C. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. 5. Areas disturbed by construction shall be re-vegetated within one growing season of the project's completion. 6. The agricultural buildings shall comply with the wildfire mitigation standards specified in Hearing Officer Determination Nos. 04-2008 and 99-15. 7. The Applicant shall comply with the following conditions regarding wildlife: A. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. B. Construction workers shall be prohibited from bringing dogs on-site. 8. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. Administrative Decision No.~ -2009 Page 3 9. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 10. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 1 1. 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 C de, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on L~ ~~~ , 2012. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 2"a day of August, 2009. APPROVED by the Director, this ~~~day of ~~~¢,r , 2009. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weeklv on the ~ ~ day of~^Z__, 2009. U +n ~. ~ \ \0~,1 VAC ~w CH Cindy ouben, Community Development Director PID#264910100021 P069-09 q Ottr Order No. Q383230 LEGAL DESCRIPT(DN H.E. SURVEY NO. 90, EMBRACING A PORTION OP SECTION 10, TOWNSHIP 9 SOUTH, RANGE 88 WEST OF TTiL- SIXTH PRINCIPAL MERIDL4N, COLORADO, MORE PARTICULARLY BOUNDED AND DESCRiAED AS FOLLOWS: BEGTl\tNINGAT CORIv'ER NO. 1, FROM WHICH THE CORiv~R OP SECTIONS 2, 3, I O AND 11, SAID TOWNSHIP AND R.SNGE, BEARS NORTH 8 DEGREES 03' EP:ST 29.57 CHAINS DISTANT; TI-IL•NCE SOUTI3 13 bL-GAFFS 11'EAST 11.01 CH~lil`*S TO CORNL-R.I~'O. ?; THENCE- SOUTH 56 DEGREES 27' .WEST 2S.6S CHATJvTS TO CORNER NO. 3; THENCE NORTH 3S DEGREES 03' WEST 24.42 CHAINS TO CORNER NO. 4; THENCE NORTH 74 DEGREES 50' PAST 3.48 CFIAINS TO CORNER NO. S; THENCE NORTH 0 DEGREES 19' EAST 3-6 CHAINS TO CORNER NO. G; THENCE NORTI3 89 DEGREES 1.3' E.9ST 29:58 CH.AiNS TO CORNER NO. 1, THE PLACE OP BEGINtv'tNG. COUNTY OF PITKIN, STATE OF COLORADO OCCUPANCY COVENANT AND AGREEMENT FOR ANAGRICULTURAL BUILDING APPROVED PURSUANT TO SECTION 6-30-I40 OF THE PITKIN CO LINTY LAND USE CODE THIS AGREEMENT is made and entered into this ~ day of October, 2009, by GSS Properties, LLC (hereinafter referred to as "Owner"), whose address is c/o Robert Singer, at Brooks, Pierce, McLendon & Humphrey, PO Box 26000, Greensboro, NC, 27420-6000, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter referred to as the "County"). WITNESETH WHEREAS, Owner owns the real property described in Exhibit A, attached hereto (hereinafter referred to as "Propert}~'), which is also known at 8888 Highway 133, Carbondale, (Parcel ID# 264910100021). Property will contain an agricultural building as allowed pursuant to Sec. 6-30-140 of the Land Use Code. This agdcultuml building will be Located as indicated on Exhibit B, and will contain no more than 1,600 sq ft. as approved in Building Permit #0058.2009.prbk. For the purposes of this Agreement, the approved agricultural building and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the "Bam"; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Bam, as more particularly set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. The use and occupancy of the barn shall henceforth be limited to shelter or enclose livestock, horses, poultry, feed or field equipment, or to grow trees, shrubs, flowers or vegetable plants. 2. Representatives of the County shall be entitled to enter upon the Property, at reasonable times and upon at least 48 hours' advance notice to the Owner of the Property, or the Owner's representative, in order to inspect the Barn for the sole purpose of determining compliance with the terms and conditions of this Agreement. 3. If the Bam or any portion. of the Bazn is not utilized in a manner consistent with the foregoing, the area must be either removed or restored to an appropriate agricultural use pursuant to direction from Pitkin County. 4. This Agreement shall constitute a covenant running with the Property as a burden thereon for the benefit thereof, and shall be specifically enforceable by, the County, and its successor, by any appropriate action, legal. or equitable. 5. In the event that the interpretation or enforcement of Phis Covenant or any provision hereofbecomes the subject of litigation between the parties; the RECEPTION#: 564340, 11/06/2009 at 12:11:42 PM, 1 OF 4, R $21.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO prevailing party shall be entitled to an awazd of its reasonable attorney's fees and costs as a part of the judgment entered therein or of the negotiated settlement. IN WITNESS WHEREOF, the parties hereto have executed this instnmtent on the day and yeaz above first written. PR ERTY OWNER: ~q ~j Garry Snoo ,Manager Date GSS Properties, LLC STATE OF COLORADO ) ss. COUNTY ~~) The foregoing instmm t as acknowledge e o met is ~ day of ~_,2009,by Witness my hand and official seal. , ="a~ My commission expires: ';'fit r () ''`: /"~'M_r~ Nota iblic t ACCEPTANCE BY PITHIN COUNTY, COLORADO The foregoing Agreement and its terms are accepted by the Community Development Director. COMMUNITY DEVELOPMENT DIRECTOR ~PT'e-r -- ~tc onnnoiz r ~~ Gt.~t,2 ~~re,~~`4 ~,,ut t~'~9~~~i Cind Houben Date LEGAL DESCRIPTION ~-' ?S ~l ~ ~ ~ H.E. SORVEY N0. 90, EMBRACING A PORTION OF SECTION 10, TOWNSHIP 9 SOUTH, RANGE S8 W-rST OF THE SIXTH PRINCIPAL MERIDL4N, COLORADO, MORE PARTICUL_4RLY BOTINDED AND DESCRIBED 4S FOLLOWS: BEGA^~TINCrAT CORNER N0. 1, FR01,4 aVHICEi THE CORNER OF SECTIONS 2, ;, 10 AI~TD 11, SAID 'f0 WNSHTP AND RANGE, BEARS NORTH 8 DEGREES 03' EAST ?9.57 CHAINS DISTANT; THENCE SOUTH I3 bEGREES ii' EAST 11.01 CHAR.~S TO CORNL-R NO. 2; THENCE SOUTH 56 DEGREES 27',WEST 25.65 CHAINS TO GARNER NO. 3; THENCE NORTH 35 DEGREES 03' WEST 24.a2 CHAINS TO CORNER NO. a; THENCE NORTH 74 DEGREES 50' EAST 3.48 CHAINS TO CORNER NO. 5; T}~ICENORTH 0 DEGREES 19' ~>=.AST3.6 CI3AINS TO CDRNERNO._G: THEI~'CE NORTIi 69 DEGREES 1.3' E:4ST 39:58-CHAINS TO CORNER NO. I, THE PLACE OP BEGINNING. 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' ~ _ og' a ., . i ° \s q° .r, ._. _ , ~ ~ d a ¢ \ N ~.... _ I z , ~ 6 . ._.___ !. m ' ~ ~ ~~ -___ r I ~ ~ ~ ~ o I w ~ i N I I o `3J \~. III ~O. ~~~. _-- ~-~ I ~r + ~~~ Jryf ~ ; ~~ ,~~^/ o P i~4. r f ~ O a: / hy" ~ .- m6w ~a§ S o0 i . _ ~- U -- F d 0 60 ~F ~ ~ .. LLa ~' ~ X _, ~ Z --- ~ ~ .. 1 I\~~ ~ ~ ~/ 1 ___ I Va/ / J/,°l i i i c~ -p x, ~J i GSS PROPERTIES APPLICATION FOR DESIGNATION OF ACTIVITY ENVELOPE AND SITE PLAN REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920-1125 JULY, 2009 ~1` f `~ i 1 Y~ ~ ~ ~ / l TABLE OF CONTENTS PAGE I. Application Request ......................................... 1 II. Background Information ...................................... 2 A. Property Description ...................................... 2 B. History of Prior Land Use Actions ............................ 3 C. Proposed Development ...................................4 III. Standards for Designation of Activity Envelope .................... 5 A. Site Preparation and Grading ............................... 5 B. Steep and Potentially Unstable Slopes ........................ 6 C. Water Courses and Drainage ............................... 7 D. Wildfire Hazards ......................................... 8 E. Wildlife Habitat Areas .................................... 14 F. Scenic View Protection ................................... 17 G. Landscaping and Vegetation Protection ...................... 18 IV. Vested Rights ............................................19 V. Conclusion ...............................................19 EXHIBITS #1. Ownership and Encumbrance Report #2. Letter Authorizing Submission of Application #3. Pre-Application Conference Summary #4. BOCC Resolution 94-199 #5. BOCC Resolution 95-231 #6. Hearing Officer Determination 99-15 #7. Hearing Officer Determination 40-2001 #8. Administrative Determination 56-2002 #9. Hearing Officer Determination 4-2008 #10. BOCC Resolution 083-2008 #11. List of Adjacent Owners GRAPHIC MATERIALS Vicinity Map Proposed Activity Envelope/Site Plan u11~~~G I. APPLICATION REQUEST This is an application to designate an activity envelope and obtain site plan review to build a new barn, greenhouse and root cellar. These agricultural structures will be built on the Hanging Valley Ranch, a metes and bounds parcel of land located at the base of Mount Sopris. The street address assigned to the property is 8888 Highway 133. The property's parcel ID# is 264327100003. The application is being submitted by GSS Properties, LLC the owner of the property (hereinafter, "the applicant"). Proof that the applicant is the owner of the subject property is provided in the Ownership and Encumbrance Report, attached hereto as Exhibit #1. The applicant is being represented by Alan Richman Planning Services and Wheeler Architecture and Planning for this application. A letter from the applicant confirming this arrangement is attached as Exhibit #2. A pre-application conference was held with a representative of the Community Development Department. The Pre-Application Conference Summary issued by the staff (see Exhibit #3) states that the review procedures applicable to this proposal are as follows: Designation of an Activity Envelope and Approval of a Site Plan; and Vested Rights for the Proposed Development. The Pre-Application Conference Summary lists the following sections of the Pitkin County Land Use Code that should be addressed by the applicant to designate an Activity Envelope and obtain Site Plan approval: * Section 7-20-10: * Section 7-20-20: * Section 7-20-30: * Section 7-20-60: * Section 7-20-70: * Section 7-20-120: * Section 7-20-130: Site Preparation and Grading; Steep and Potentially Unstable Slopes; Water Courses and Drainage; Wildfire Hazards; Wildlife Habitat Areas; Scenic View Protection Areas; and Landscaping and Vegetation Protection. The following sections of this application identify the Code provisions applicable to these procedures and provide responses to the applicable County standards. First, however, a brief description of the properly, summary of the prior land use actions applicable to the property, and description of the proposed development are presented below. GSS Properties Application for Activity Envelope and Site Plan Review Page 1 ,. ~ s03 II. BACKGROUND INFORMATION A. Property Description The subject property is an irregularly shaped parcel of land that is approximately 55 acres in size. The property is zoned RS-30, a zone district with a minimum lot size of 30 acres. Therefore, this is a conforming sized parcel of record. The property is located between the north and south forks of Nettle Creek, at the base of Mount Sopris. It is accessed via a 1.55 mile long road through private property and U.S. Forest Service land. This road climbs the hillside between State Highway 133 and the subject property. At the top of the slope, the road enters a large meadow that is situated at the base of Mt. Sopris. This meadow represents the entry to the subject property. The meadow, which is relatively flat, comprises the vast majority of the property. The remainder of the property consists of the slopes above the meadow, much of which are covered by oak brush. An adjudicated irrigation ditch, known as Colpitts Ditch (which some have mistakenly referred to as the middle fork of Nettle Creek) traverses the meadow from east to west. A small man-made pond has been built near the western edge of the property, just as the ditch drops out of the meadow and begins its descent towards the Crystal River. Nettle Creek is a water supply source for the Town of Carbondale. The Town maintains a water treatment plant on the road below this property. There are several existing structures on the property, as follows: 1. The main residence is located on the north side of Nettle Creek, approximately 300' from the western property line. Several years ago this structure was remodeled and expanded to approximately 5,240 sq. ft. A small bridge crosses Nettle Creek between the pond and house and provides access to the house. 2. A barn is located on the south side of Nettle Creek, approximately 125' from the western property line. This structure is approximately 3,745 sq. ft. in size. 3. Two small livestock shelters are located on either side of the outdoor riding arena. These are three-sided shelters that are open on one side. A third such shelter has previously been approved for construction near the southern corner of the property. GSS Properties Application for Activity Envelope and Site Plan Review Page 2 t' z v~i~;0 B. History of Prior Land Use Actions The prior owners of the property, the Fergusons, obtained 1041 and general submission approval for development of a new residence on the property. Approval was granted pursuant to BOCC Resolution 94-199, adopted on October 25, 1994 (attached hereto as Exhibit #4). The approved 1041 site plan was recorded in Book 35 at Page 94. The subsequent owners, the Bivion B. Hawkins Trust, obtained approval for an amendment to the original approval, to relocate the building envelope to address surveying errors in the original approval. Approval was granted by the Board of County Commissioners on December 20, 1995, pursuant to Resolution 95-231, attached hereto as Exhibit #5. This Resolution also authorized an existing cabin to be deed restricted as a caretaker unit. The vested rights for the 1995 approval expired before a new house could be constructed on the property. Therefore, in 1999, the current owner submitted an application to re- establish abuilding envelope for the property. This application was approved by the Hearing Officer pursuant to Determination No. 99-15 (see Exhibit #6). The site plan documenting this approval was recorded in Plat Book 51 @ Page 4. Based on this approval, the owner decided to expand the existing residence to its present size, keeping it as the primary residence on the property, rather than using it as a caretaker unit. An amendment to this approval was granted by the Hearing Officer in 2001, to permit the pond and other landscape entry features to be completed and to permit two livestock shelters to be constructed in the vicinity of the riding arena. Approval was granted pursuant to Hearing Officer Determination 40-2001 (see Exhibit #7) and the first amended site plan was recorded in Plat Book 60 at Page 38. These shelters have since been built. A second amendment was proposed in 2002 to permit a third livestock shelter to be built in the southern portion of the property. Approval was granted pursuant to Administrative Determination 56-2002 (see Exhibit #8). The second amended site plan was recorded in Plat Book 65 at Page 51. An application was submitted in 2008 to permit an additional 2,500 sq. ft. of floor area to be developed within the previously-approved principal building envelope. Approval was granted to utilize one TDR on the property to develop a caretaker dwelling unit, garage, and additional storage space pursuant to Hearing Officer Determination 04-2008 (see Exhibit #9). The applicant appealed one condition of that approval and the Board granted that appeal, pursuant to Resolution 083-2008 (see Exhibit #10). The third amended site plan was recorded in Plat Book 87 at Page 42. GSS Properties Application for Activity Envelope and Site Plan Review Page 3 ~~ ~~ 5 v L.Y ~~i lJ C. Proposed Development The applicant proposes to designate a small activity envelope and obtain site plan review for a hay barn that will be located in a fenced pasture, to the east of the existing riding arena. The barn will be approximately 25' x 60' (1,500 sq. ft.) in size. The barn is needed to provide a covered building in which hay will be stored. Site plan review is also requested for the construction of a small greenhouse of approximately 240 square feet and a root cellar of approximately 100-200 square feet. Both of these accessory structures would be located within the existing building envelope. The root cellar will be located adjacent to the existing barn, as shown on the proposed site plan. It will be built below grade with double doors for access. The greenhouse will be located a bit further from the existing barn, at the end of an existing gravel driveway. AI of the proposed structures will be located more than 100' from Colpitt's Ditch and have been located at a considerable distance from the sensitive wildlife habitat that surrounds the property. GSS Properties Application for Activity Envelope and Site Plan Review Page 4 '~,';;r :~~i III. STANDARDS FOR ACTIVITY ENVELOPE/SITE PLAN REVIEW Chapter 7 of the Land Use Code establishes the standards related to the quality of development in Pitkin County. Following are the applicants' responses to the applicable standards of that chapter, as specified in the pre-application summary form. A. Site Preparation and Grading (Sec. 7-20-10) (a) Grading and Fill Placement. The applicant agrees that all grading and filling associated with this project will take place within the activity envelopes shown on the site plan. The proposed hay barn would have its own envelope, as shown on the site plan. (b) Clearing, Grubbing and Vegetation Removal. The applicant agrees that all clearing, grubbing and vegetation removal associated with this project will take place within the activity envelopes depicted on the site plan. (c) Tree Removal and Mitigation. No trees that are 6" or larger D.B.H will be removed as a result of this project. (d) Protection of Natural Terrain. The applicant agrees to follow those design and construction techniques that may be recommended by the County Planning Engineer or the Community Development Director to mitigate any physical or visual damage from the proposed development. This shall include, but not be limited to: • The areas disturbed by the construction of the proposed agricultural structures will be re-vegetated. These areas will be re-vegetated no later than one growing season after completion of construction by applying native seed mixes and fertilizer to disturbed areas and mulching seeded areas with straw as necessary. • Removing and saving topsoil prior to any mass grading or excavation, and replacing it following construction; • Employment of appropriate weed prevention techniques that are consistent with the provisions of the 2006 Revised Pitkin County Weed Management Plan; and • The project will comply with the County's adopted erosion and sedimentation control and stormwater management standards. Sediment barriers will be placed on-site as necessary to control the impacts of soil disturbing activities (see Section II.C, below). GSS Properties Application for Activity Envelope and Site Plan Review Page 5 ~~~v~ B. Steep and Potentially Unstable Slopes (Sec. 7-20-20) Section 7-20-20 of the Land Use Code provides standards for development on slopes of 15% to 30%, 30% to 45%, and 45% and greater. The proposed site plan depicts topography, illustrated as two foot (2') contours within several portions of the property. There are no areas with slopes in excess of thirty percent (30%) within the approved activity envelope or within the proposed barn envelope. Therefore, all proposed development will occur on slopes of less than 30%, as permitted by Sec. 7-20-20 (d) of the Land Use Code. No development is proposed on slopes in excess of 30% on the subject property. Therefore, no further response to the provisions of Sec. 7-20-20 (b), (c), or (e) of the Code is required. GSS Properties Application for Activity Envelope and Site Plan Review Page 6 i r~,; ~~ .; ~ s '-~ C. Water Courses and Drainage (Sec. 7-20-30) (a) Applicability. The water resources standards in this section 7-20-30 are applicable to the proposed development. (b) Encroachment or Channeling. There will be no encroachment into any water course as the proposed work will be a minimum of 100' from all water courses. (c) Drainage. Construction of these relatively small agricultural structures is not expected to alter drainage characteristics on the property in any significant manner. If so required, the applicant will submit a drainage report as part of the building permit package that includes measures to ensure that there is no change to existing runoff volumes or flow patterns on-site. (d) Groundwater. No activities are proposed that would interfere with groundwater recharge or pollute groundwater. No contaminants will be introduced to groundwater as a result of the proposed development. (e) Irrigated Areas. The proposal will have no affect on water supplies available for irrigation or any water rights. (t) Irrigation Ditches. The proposal will not affect any irrigation ditches (g) Sedimentation. The applicant will comply with the County's standards for controlling sedimentation. Sediment barriers, to include straw bales, silt fences and similar filtering devices, will be placed on-site as necessary. Disturbed areas will be re-vegetated no later than one growing season after completion of construction by applying native seed mixes and fertilizer to disturbed areas and mulching seeded areas with straw as necessary. (h) Water Quality. The proposed development will not have any impact on water quality. (i) Efficient Water Use. The applicant will comply with this standard. GSS Properties Application for Activity Envelope and Site Plan Review Page 7 ~1~~Jli~J D. Wildfire Hazards (Sec. 7-20-60) During the pre-application conference with staff, the applicant was informed that the County's wildfire hazard maps designate this site as being in a wildfire hazard area. County staff has determined that the proposed barn is in an area that is subject to a low degree of wildfire hazard. Therefore, the staff advised the applicant that it was not necessary for one of the County's designated wildfire experts to conduct a site visit in order to designate the new activity envelope. The recorded envelope has previously been subject to wildfire hazard review. The mitigation standards for development in wildfire hazard areas are found in Section 7- 20-60 of the Land Use Code. Following are the applicants' responses to these standards. (1) Defensible Space (a) Brush, debris, and non-ornamental vegetation shall be removed within a minimum ten (10) foot perimeter around the structure. Response: The applicant will comply with this requirement. (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a thirty (30) foot perimeter around a structure built on flat ground. Response: This standard does not typically apply to a property designated as a low hazard area. (c) Spacing between clumps of brush and vegetation within the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Response: This standard does not typically apply to a property designated as a low hazard area. (d) All branches from trees and brush within the thirty (30) foot perimeters shall be pruned to a height of 10 feet (10) above the ground, and removal of ladder fuels from around trees and brush. Response: This standard does not typically apply to a property designated as a low hazard area. (e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of GSS Properties Application for Activity Envelope and Site Plan Review Page 8 ?~~~10 Aspen trees where ladder fuels have been removed. In areas of Aspen re- generation, understory shrubs and down and dead materials shall be removed. Response: This standard does not typically apply to a property designated as a low hazard area. (t) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of the chimneys shall be removed. Response: The applicant will comply with this requirement. (g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. Response: This standard does not typically apply to a property designated as a low hazard area. (h) All deadfall up to a one hundred (100) foot perimeter shall be removed. Response: The applicant will comply with this requirement. (i) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Response: The applicant will comply with this requirement. (j) No new conifer trees shall be planted within ten (10) feet of a residence. Response: The applicant will comply with this requirement. (k) No flammable mulches shall be placed within two (2) feet of a residence. Response: The applicant will comply with this requirement. 2. Access (a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provide by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts, and/or a person approved by the County as an expert in wildfire areas and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped GSS Properties Application for Activity Envelope and Site Plan Review Page 9 ~~~~~1 drives with one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicle turnaround areas a maximum of seven hundred-fifty feet (750) apart, installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated in the proposed driveway entries. Response: No changes are planned to the access driveway or to any roads on site. (b) New dead-end streets (no cul-de-sacs) shall not be permitted, except for cul-de- sacs and other turnarounds accepted by the applicable local fire district. Response: No new streets are proposed. (c) Cul-de-sac turnaround pads shall have a minimum of a thirty foot (30) drivable surface inside turning radius, or a hammerhead or other T-turn area acceptable to the applicable local fire district. Response: No changes are planned to the access driveway or to any roads on site. (d) New driveways and access roadways shall enter the roadway at a ninety (90) degree angle for the ftrst twenty-eve feet (25) of the driveway. Response: No changes are planned to the access driveway or to any roads on site. (e) Fuel breaks, as recommended by a wildfire expert approved by the County, may be incorporated into the design of access roads or driveways. Response: This is not a subdivision application. 8. Water Supply for Fire Safety (a) When access to a public or private pressurized water system is not available, or if it is necessary to augment the fire protection water systems, private ponds maybe used if approved by the Community Development Department and the Fire District. (b) Any fire department recommendation for individual structure water supply and storage shall be accessible to ftre department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district, with a minimum of one thousand (1, 000) gallon storage capacity per structure. Response: The applicant will comply with the water storage recommendations of the Fire District. GSS Properties Application for Activity Envelope and Site Plan Review Page 70 ~~~~2 (c) Regardless of size, all structures where humans congregate regularly (including detached garages and horse barns) that are located within areas identified as containing "C -Severe Hazard: Trees", or 'X -Severe Hazard: Brush" wildfire hazard shall be required to install in-house sprinkler systems which meet the standards of the local lire protection district and the adopted building code. Response: This property is not rated as a severe wildfire hazard area. (d) All structures greater than five thousand (5, 000) square feet in size shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted building code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. Response: None of the proposed structures will be 5,000 sq. ft. in size. 4. Roofing Materials and Projections At And Below Roof Line (a) Low Hazard Area. 1. Roofing Materials: a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. c. All other Building Code compliant methods and materials permitted. Response: The applicant will comply with these requirements. (b) Medium Hazard Area; and (c) Severe Hazard Area. Response: Not applicable (d) All Hazard Areas. Roofs with less than a 3:12 pitch are not permitted in low, medium, or severe wildfire areas unless they comply with the following: 1. All roofs coverings shall be constructed of non-combustible materials and installed on a Class A assembly. GSS Properties Application for Activity Envelope and Site Plan Review Page 11 ,~ o , ,~~~1 2. All roof coverings shall have a sun`ace that shall facilitates the natural process of clearing the roof. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Response: The applicant will comply with these requirements. 5. Maintenance and Miscellaneous Requirements (a) Roofs and Gutters shall be kept clear of debris. (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one- fourfh inch (1/4') maximum. (c) Yards shall be kept clear of all litter, slash, and flammable materials. (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15) away from the structure. (e) Weeds and grasses within the ten foot (10) perimeter shall be maintained to a height of not more than six inches (6'). (f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15) away from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (i) Wood fences shall not connect to the structure. (j) Fuel tanks shall be installed underground with an approved container. (k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space mitigation around any above-ground tank. Any wood enclosure around the GSS Properties Application for Activity Envelope and Site Plan Review Page 12 -~ ~ ~~~~1: tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior of the walls. (1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. (m) Addresses shall be clearly marked with two inch (2') non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriffs Department, and the local fire protection district may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. Response: The applicant will comply with all of these requirements. GSS Properties Application for Activity Envelope and Site Plan Review Page 13 (n r 4S 'v Yi 1 ~.) E. Wildlife Habitat Areas (Sec. 7-20-70) Prior land use reviews conducted by the County have determined that the property is located within bighorn sheep overall range and winter range and within elk winter range. The property is also located within '/4 to %2 mile of elk production areas that are found to the east, on public lands. Section 7-20-70 (f) (2) of the Code establishes standards for development within or adjacent to deer, elk and bighorn sheep winter range. These standards prohibit commercial activity (including construction) from December 1 through March 31 and prohibit dogs, except for dogs that work as part of an agricultural operation. The applicant agrees to comply with these standards. Section 7-20-70 (d) (7) of the Code establishes a 1,320 foot (1/4 mile) buffer between any building or structure and a production area. The proposed locations of the agricultural structures comply with this buffer standard. Section 7-20-70 (f) (4) establishes the County's standards for development within production areas. These additional standards do not apply to this proposal since this property is not located within a production area, although it is relatively proximate to such areas. Section 7-20-70 (c) of the Code establishes the general standards of the Land Use Code for wildlife habitat areas as stated in. The applicant offers the following responses to these standards: 1. When existing native vegetation must be altered within the Activity Envelope, the applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefitting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. Response: No significant vegetation will need to be altered to build the proposed agricultural structures. The applicant will submit a landscape plan along with the building permit application illustrating how the disturbed areas will be re-vegetated, if the County so requires. 2. Manipulation of vegetation outside of the Activity Envelope is prohibited. Response: The applicant will comply with this requirement. GSS Properties Application for Activity Envelope and Site Plan Review Page 14 ~.~~lv 3. Mesh or woven wire fences are prohibited outside of the Activity Envelope. Response: The applicant will comply with this requirement. 4. Wood rail fencing shall employ three rails or less, be the round or split rail type, shall not exceedfifty-four (54) inches in height above ground level and 12 inches in width (top view) and shall have at least eighteen (18) inches between two of the rails. Response: No changes to any fences are planned as part of this application. 5. Wire fencing must be three strand or less. The top wire shall be twelve point five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. Response: No changes to any fences are planned as part of this application. 6. Tall, overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to live (5) per acre whenever possible as nesting or perching habitats. Response: The applicant will comply with this requirement. 7. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. Response: No fruit bearing trees or shrubs will be planted on this property. 8. Development shall be clustered to the maximum extent possible to minimize impacts on wildlife. Response: The proposed greenhouse and root cellar will be clustered next to the existing barn and the previously-approved caretaker .dwelling unit. The District Wildlife Manager for the Colorado Division of Wildlife has reviewed the proposed location for the new barn and has given the applicant a preliminary opinion that its proposed location will not have significant impacts on wildlife habitat. 9. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. Response: The applicant will comply with this requirement. GSS Properties Application for Activity Envelope and Site Plan Review Page 15 a1 iii J 10. Trash/garbage shall be kept in an approved bear resistant container or enclosure. Response: The applicant will comply with this requirement. 11. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. 12. Horse grains, pellets, and cookies shall be stored in bear resistant containers or enclosure. 13. Pef food shall not be left outside. Response: The applicant will comply with each of these requirements. GSS Properties Application for Activity Envelope and Site Plan Review Page 16 F. Scenic View Protection (Sec. 7-20-120) The pre-application conference summary form states that this property has been found to be exempt from the standards for Scenic View Protection since it is not visible from S.H. 133. However, the applicant has been asked to respond to the Rural Character Guidelines for Building Location. These Guidelines identify four possible locations in which development is preferred to occur in the rural area, as follows: 1. At the edge of a meadow or pasture; 2. Behind an existing stand of vegetation; 3. Behind or built into a natural topographic break; or 4. Within an irrigated pasture or meadow in the form of a ranch compound. The proposed hay barn is an agricultural storage structure whose function dictates that it be located within or adjacent to an irrigated meadow. It will be located within an existing fenced area where horses are kept, at the edge of the primary meadow that comprises the central and southern portions of the property. The greenhouse and the root cellar will be located within the approved building envelope, which was previously designated because it is at the edge of the large irrigated meadow that comprises most of the Hanging Valley Ranch. Therefore both of the proposed building locations comply with Guideline #1. GSS Properties Application for Activity Envelope and Site Plan Review Page 17 J( ~v~~ G. Landscaping and Vegetation Protection (Sec. 7-20-130) Following are the applicant's responses to each of the standards in this section: (b) General Provisions 1. Protection of Natural Vegetation. The applicant will preserve the natural vegetation on the site, except for that vegetation within the activity envelopes that must be disturbed to build the proposed agricultural structures. 2. Conformance With Wildfire Regulations. There is no conflict between the County's wildfire regulations and the requirement to protect natural vegetation on this site. 3. Berms. A berm is not proposed for this site. 4. Landscape Enclosures. Landscaping is not proposed to be used to enclose the boundary of the parcel. 5. Visibility Clearance. No landscaping is proposed where it would inhibit the visibility of drivers. 6. Utility Easements. Landscaping will not be installed over a utility easement. 7. Financial Security. The applicant requests that no financial security be required for this project. 8. Maintenance. The applicant agrees to maintain all installed landscaping in a healthy condition and to replace plants that do not survive. (c) Required Landscaping in Rural Areas 1. None of the purposes for which landscaping is required in the Rural Area apply to this proposal. 2. The applicant will cluster any shrubs and trees that are planted into natural groupings and will avoid planting in regularly spaced lines or rows. Indigenous species will be used. GSS Properties Application for Activity Envelope and Site Plan Review Page 18 vvU.sL IV. VESTED RIGHTS Pursuant to Section 2-20-170 of the Pitkin County Land Use Code, the applicant hereby requests that this development, including the designation of the Activity Envelope and approval of the Site Plan, be granted vested rights status. V. CONCLUSION The applicant has responded to all applicable criteria of the Pitkin County Land Use Code, pursuant to direction given during the pre-application conference. Sufficient evidence has been provided of the project's compliance with said criteria, and commitments have been made to insure that the proposed development will mitigate its development impacts. The applicants will respond in a timely manner to requests by any reviewing agency for additional information, or clarification of the statements made herein. GSS Properties Application for Activity Envelope and Site Plan Review Page 19 J~:JI.G~ EXHIBITS ,, ,, ; , ,~ ~~~~~ ' ~ EXHIBIT #1 `' LAND TITLE GUARANTEE GDMPANY OWNERSHIP AND ENCUM6RANCE REPURT Our Order No. Q383230 This report is based on a search made of documents affecfing the. record title to the property described herein-tfter, searched by legal descriptiou and not by the names of grantor or grantee. Consequently, the information as.to record owner is torten from the most rece~tt recorded vesting Deed, and the information as to existing encumbrances reflects only those; documents of record which. spedfically describe the subject property by legal description. Encumbrances not included are those of record which refer to the owner of the property or any other person having an interest therein which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements; cofen,mts, conditions and restrictions. This report does not include the results of any search under die names of the property owner(s) or the senerat index. Should such a search he desired please contict ns for a separate general index report. Liability of Land Ttie Guaran('Ee Company under this Owner and Encumbrance report is limited to the fee received. This Report is dated: Mzry 24, 2002 at 5:00 P.M. .4ddress: 8880 HWY i33 CARBONDALE, CO 51623 Legal Desc~:iption: SEE ATTAC~iED PA.GE(S) FOR LLGAL DESCRIPTION Record Owner: GSS PROPERTIES, LLC Recorded date of deed iu to above owner. OCTOBER 5, 1999 Documentary Fee on above deed: $135.00 We Prod the following docutneuts of record affecting Subject property: SEE ATTACHED EXIIIBUT // By. !%!~ Audwrized ~ffic:~r or Agenc ~~~~23 RECEI4'ED TIME JUN: '3. C~55Flhi Ottr Order No. Q383230 LEGAL DESCRfPT(ON H.E, SURVEY" NO. 90, EMBRACING A PORTION OF SECTION 10: TOWNSHIP 9 SOUTH, RANGE S8 W-~ST OF 'fHE SIXTH PRINQPAL MERIDLAN, COLORADO, MORE PARTICULARLY BOLNDED AND DESCRi13ED AS FOLLOR%S: BEGTI~:uINGAT CORIv'ER N0. i, FROM WI~CFi THE CORNER OF SECTIONS 2, 3, I.0 AND 11, SAID TO W1~TSHIP AND R4NGE, BEARS NORTH 8 DEGREES 03' EAST 29.57 CHAINS DISTANT; TIiENCE SOUTH 13 DL-GREES 11' EAST 11.01 CHAINS TO CORNER INTO. 2; THENCE- SOUTH 56 DEGREES 27' WEST 25.65 CHATIrTS TO CORNER NO. 3; THENCE NORTH 35 bEGREES 03' ZVEST 34,42 CHAINS TO CORNER NO. 4; THENCE NORTH 74 DEGREES SO' EAST 3.48 CHAINS TO CORNER NO. 5; T1iENCE NORTH 0 DEGREES 19' FaaST 3.6 CHAINS TO CORNER NO. G; THENCE NORTH S9 bEGREES 1.3' E:aST 29.58 CH.aINS TO CORNER NO. 1, -THE PLACE Ofi BEGINIv'TNG. COUNTY OF PITKiN, ST.aTE OF COLORADO ~_t' } `O ..vVVL. i OWNERSHIP AND ENCUMBRANCE REPORT Our Order No. Q383230 Documents of Rccord: THL-' EFFECT OF iNCLUSIO\TS W ANY GENER.-~I, OR SPECIFIC WATER CONSERVANCY, FTRE PROTECTION. SOII. CONSERVATION OR OTHER DISTRICT OR. INCLUSION TN' ANY WATER SERVICE OR STREET IMPROVEMENT AREA. RIGHT OF ~VAY FOR DITCHES OR CANALS CONSTRUCTED BY THE A.L'THORITY OF TIIE LTTITED STATES AS RESERVED P,3 U1~ZTED STATES PATENT RECORDED DECEMBER 20, 1.963, W BOOK 205 AT PAGE 264_ T7/RI~gS, CONDITIONS, PROVISIONS AND OBLIGAT`IONSAS CONTAINED W EASEMENT AGREEMENT RECORDED JANUARY 16. 1991 W BOOK 637 AT PAGE 985_ EASEIvfENTS, RIGHTS OF WAY' AND OTI~R MATTERS AS SET FORT1`I ON TIC 1041 HAZZARb REVIEW PLAT OF SUBJL'CT PROPERTY RECORDED JAI~'U.ARY 13, 1995 IN PLAT BOOK 35 AT PAGE 94. EASEMENTS AND RIGHTS OF WAY FUR THE COLPITTS DITCH NOS. 1 AND 2, AS SAME 'MAY EFFECT SU$7L-CT PROPERTY. TERMS, AGREEMENTS, PROVISIONS, CONDTTIONS AI~'D OBLIGATIONS OF RESOLUTION NO. 95-231 RECORDED JANUARY 4, 1496 AS RECEPTION NO. 3SS841. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF HOLY CROSS ELECTRICASSOCIATION, INC., UNDERGROUND RIGHT OF WAY EASEMENT RECORDED FEBRUARY 19, 1996 AS RECEPTION NO. 390075. TERMS, AGREEMENTS, PROVISION, CONDTTIONS AND OBLIGaTIOhs OF TRENCH, CONDUIT AND VAULT AGRrFMPNT RECORDED MARCEI~4, 1996 AS RECEPTION NO. 390448. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AI~TD OBLIGATIONS OF DETERMINATION NO. 99=li RECORbED J ULY 27, 1999 AS RECEPTION NO. 433806 AND AwiENDED BY RESOLUTION RECORDED SEPTEA~IBER I0, 1999 AS RECEPTION N0.435383. ACCESS IS LIMITEb TO THE TERMS, AGREEMENTS, PROVISIONS, CONDITIONS Al~'D RECEI4•'ED TIME SLIN_ ?_ R:SSAM r`~ OWNERSHIP AND ENCUMBRANCE REPORT Our Order No. Q383230 Documents oPRecord: OBLIGA T TONS OF PRIti'ATE ROAD EASEh]1jt~T BY AND BETWEEN THE L'IdITEb STATES Of: AMERTCA AND NETTLE CREEK HO1vlEOWATERS ASSOCLATIOAT RECORDED AUGUST 19, 1999 .AS RECEPTION NO. 434658. ANY AND ALL EASEMENTS, RIGHTS OP 1VAY" AND PLAT NOTES AS SHOWN ON TIC SNOOK 1041 HAZARD SITE PLAN PLAT RECORDED AUGUST 24, 1999 IN PLAT .BOOK S1 AT PAGE 4 AS RECEPTION NO. 434813, AND AMENDMENT RECORDED Ih~ BOOTS 60 AT PAGE 38. TERMS, CONDTTIONS AND PRO VTSIOI~TS OF EASEMENT RECORDED JUNE 13, 2001 AT RECEPTION NO. 45S3S0_ TERMS, CONDITIONS AND PROVLSIONS OF AGREEMENT'RECORDED TUNE 20, 2001 AT RECEPTION NO. 455648. TERMS, CONDITIONS AND PROVISIONS OF DETERMINATION RECORDED NOVEVIDER 20, ?001 AT RECEPTION NO. 461097. i ~1 ,`I i.~.~V J lJ ~~/ J EXHIBIT #2 Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: GSS PROPERTIES ACTIVITY ENVELOPE AND SITE PLAN REVIEW Dear Ms. Wolff, I hereby authorize Alan Richman Planning Services and Wheeler Architecture and Planning to act as our designated representatives with respect to the land use application being submitted to your office to develop a greenhouse, a root cellar and a pole barn on our ranch, located at 8888 Highway 133 in unincorporated Pitkin County. Mr. Richman is authorized to submit an application for activity envelope and site plan review for our property. Alan Richman and John Wheeler are authorized to represent us in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application. Sincerely, ~~. Garry Snook anager GSS Properties LLC P.O. Box 66 Carbondale, CO 81623 ') '7 ~..,.~ , EXHIBIT #3 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 LOCATION: 8888 Highway 133 PARCEL ID #: 264910100021 DATE: 6/3/09 E-MAIL: suzannewCc~co.oitkin.co.us ZONE: RS-30 SIZE: 55 acres APPLICANT: GSS Properties LLC /~ REPRESENTATIVE: feeler A~an I~ie~tmCt,.~._ EMAIL: V~5Af3Fl&-F16~ , c-r~~hm~~.~~5o~ns. ~~ Type of Application: Activity Envelope and Site Plan Review Description of ProjectlDevelopment: Applicant proposes to obtain Site Plan Review approval to construct a hay barn. Land Use Code Sections to be addressed in letter of request (application): - 2-30-20(g): Activity Envelope and Site Plan Criteria for Approval - 7-10-50: Activity Envelope and Site Plan - 7-20-10: Site Preparation and Grading - 7-20-20: Steep and Potentially Unstable Slopes - 7-20-30: Water Courses and Drainage - 7-20-60: Wildfire Hazard - 7-20-70: Wildlife Habitat - 7-20-120 : Scenic View Protection (exempt from Standards since not visible from Highway 133, but must address Rural Character Guidelines for Building Location) - 7-20-130 : Landscaping and Vegetation Protection Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. Staff will refer the application to the following agencies: Crystal River Caucus, Division of Wildlife FEES: $1,326 (make check payable to "Pitkin County Treasurer") ^ $1,247 Planning Office flat fee (non-refundable; based on 5 hours of staff time; if staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $249/hour) ^ $54 Publication Fee ^ $25 Clerk Technology Fee To apply, submit 3 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Technical Reports as designated in Section 2.1.12 of the Application Manual (as applicable) 4. 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 ~- ~ ~~;v~28 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. Consent from the owner of the property for the representative to process the application and represent the owner; 6. Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County; 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy -form attached); 8. List of adjacent property owners and mineral estate owners (1 copy); and 9. 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). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED /N YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents in format no larger than 81/2" by 11 ". - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. - The Land Use Code is available on-line at http://www.aspenpitkin.com/depts/71/ - The Land Use Application manual is available on-line at http•//wwwaspenpifkin com/pdfs/depts/7/Land Use Application Manual.pdf - Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the aff-davit confirming notice must be received from Applicant prior to approval. J P.D V :i (e EXHIBIT ~4 ,376=+1~ P-767 P-17I 11/~~/Q4 10:1~A P6 1 OF 6 REC DOC SI~ZIIA DAVIS PITKIN COUNTY CLERK 8 RECORDER G•~~ RESOLIITION OF THE HOARD OF COIINTY COlII~Z88IONERS OF PITEIN COIINTY COLORADO, GRANTING APPROVAL TO THE FERGIISON 1041 HAZARD REVIEW i GENERAL SIIHlSISSION Raeolution No. 94-~ RECITALS 1. Tom and Cindy Ferguson, hereinafter "Applicants", have applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board", for approval of 1041 Hazard and General Submission Review for the construction of a single family residence, pursuant to Sections 5-400 and 6-3 of the Land Use Code. 2. The Applicant's lot is zoned RS-30 and is approximately 55 acres in size. 3. Said lot is described as a metes and bounds parcel located up Nettle Creek at the base of Mt. Sopris, more specifically described in Exhibit A, attached. 4. The Planning and Zoning Commission reviewed this application on August 2, 1994 and found that this proposal complies with the criteria set forth in Land Use Code Sections 5-400 and 6-3. 5. The Board heard this application at a regularly scheduled meeting on October 25, 1994, at which time evidence and testimony was presented with respect to this application. 6. The Board determined that the proposed development meets the criteria established in Sections 5-400 and 6-3 of the Land Use Code. ~~~~30 37641 B-767 17~ il/1~/94 1O:15A PG 2 OF 6 Resolution No. 94- J Page 2 NOIf, THEREFORE, HE IT RESOLVED by the Board that it does hereby grant approval to the Ferguson 1041 Hazard .and General Submission application subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. Prior to building permit application, the Applicant shall record a revised 24 x 36 inch mylar 1041 Hazard Review Site Plan which meets the approval of the Planning Office and County Attorney. The site plan shall include the following 1041 Hazard Review Warning and Disclaimer: "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." a. The building envelope shall be revised to include a 20 foot riparian setback from both sides of Colpitts Ditch (Middle Fork of Nettle Creek). The only exception to the riparian setback will be allowed at the point where a culvert may be installed for access across the Ditch. The culvert shall be designed to avoid plugging and prevent washouts. b. The Applicant shall include the following disclosure statement on the 1041 Site Plan: WARNING: This property is accessed by a United States Forest Service road and a private driveway that are not built to Pitkin County Driveway Standards. Emergency and firefighting vehicles and personnel may not be able to access the property and building site. 3. The Applicant shall submit adequate proof of legal access to the subject property, to the satisfaction of the County Attorney, prior to the issuance of a building permit. 4. The Applicant shall provide a Road Improvements Plan, focused on critical or problematic locations along the access road, which depicts the road improvements recommended by the County Engineer. Said road improvements shall be completed to the satisfaction of the County Engineer, to the extent allowed by the IInited States Forest Service, prior to building permit submittal. 5. The building site shall be revegetated with native grasses to ~~., :~~~s31 -• .376=r1~ D-?o7 P- ::, 11/15/94 1O:15A P6 ;:, = b Resolution No. 94-~ Page 3 limit water consumption and additional .runoff within one growing season of project completion. 6. The Applicant shall comply with the following wildlife hazard mitigation measures: a. The building envelope shall be maintained in its current mapped location. b. All fencing shall be 42", 4 strand or less with a 12" kickspace between the top two strands. Any rail fencing shall be 48", 3 rail or less with at least 18" between the top two rails. c. Any non-working dogs shall be prohibited. All working ranch dogs shall be kenneled when off-duty. The kennel shall be constructed, prior to the issuance of a certificate of occupancy for the residence. d. Any haystacks for winter feeding of livestock/horses shall be fenced with 8 foot fencing to prevent damage to the hay. The DOW can provide specifications for the fence upon request. e. All garbage shall be kept in bear-proof garbage cansJdumpster. The DOW can provide specifications for the trash containers upon request. f . All domestic fowl shall be penned to prevent disease transmission to wild turkey. 7. Prior to issuance of a building permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 8. The septic system for the site shall meet the approval of the Environmental Health Department. The Applicant shall obtain such approval prior to the issuance of a building permit. 9. The Applicant shall file a fireplace/woodstove permit with the Environmental Health Department, prior to the issuance of a building permit (if necessary). 10._ The Applicant shall comply with the following wildfire mitigation measures: a. All vegetation .shall be removed within 10 feet of the structure. This area should be maintained in the future ~, ' ,' 3 2 as low ground cover, such as mowed grass. ..~ `:; U ::,76~+1c B-767 -1 i~+ 11/15/94 liu: i A PG OF 6 + Resolution No. 94- ~~ Page 4 b. Vegetation shall be thinned along the access road to reduce the.wildfire hazard. Dead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. Slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. c. Any existing or future buildings within the building envelope shall incorporate wildfire mitigation measures. d. Non-combustible roof material including tile, asphalt, metal or Class-A Certi-guard (registered brand name) Red Label shakes and shingles utilizing Class B construction techniques (1/2" minimum solid sheathing) or better, shall be required for the proposed structure. e. All utility line extensions shall be buried along the existing access road. f. A residential sprinkler or foam fire retardant system shall be installed in the residence. The system shall meet the standards of the Carbondale Fire Protection. District and the Uniform Building Code. g. The Applicant shall install an underground water storage tank to accommodate a minimum of 1,000 gallons. Capacity and location shall be determined by the Carbondale District Fire Marshall. Photo documentation of the underground tank shall be submitted to the Building Department, prior to the issuance of occupancy permits. h. The roof(s) shall be kept clear of debris. i. The base of the building(s) shall be kept cleared of weeds and debris. j. Firewood shall be stacked an a contour away from the building(s). k. At least one ten pound approved ABC class fire extinguisher shall be placed in visible and accessible locations for each structure. 11. No development, including grading and vegetation removal, shall occur outside of the building envelope other than the access road improvements, agricultural operations and wildfire mitigation measures. 12. Prior to the issuance of a Certificate of Occupancy for the new residence, the Applicant shall either obtain a land use V V ~' J .. s7641~ 8-767 P-i75 11/15/94 10:15A PG 5 ,~F 6 Resolution No, 94-f1 Page 5 approval for the deed restriction of the existing cabin or .render said cabin uninhabitable. APPROVED A~iD ADOPTED ON THE 25TH DAY OF OCTOBER, 1994 '1 -~ ATTEST: i Jeanette Jonas Deputy Clerk and Recorder J APPROVED AS TO FORM: _._~~- Timothy E. its' , County Att y cno_ferguwn_1041ga BOARD OF COIINTY COMMISSIONERS OF PITICIN COQNTY, COLORADO :~ "Robert W. Ch' d, Chairman Date // APPROVED As TO CONTENT: ~VbtM;2 f~Y1~iG~~ Suz a Eonchan, Community Development Director ~~VuJ~ik 388841 0.1/04/96 10:46A PG 1 OF 4 REC DOC NOT SILVIA DAVIS PITN.IN COUNTY CLERK ~ RECORDER 0.00 EXHIBfT #5 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO, GRANTING APPROVAL TO THE NARRiRON CARETAKER DWELLING UNIT, MIlVOR AMENDMENT TO A DEVELOPMENT PERMIT, AND DEMOLITION EXTENSION Resolution No. 95-_ ~~ RECITALS 1. James H. Harrison, Trustee for the Bivion B. Hawkins Trust, hereafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter "Board", for approval of a caretaker dwelling unit pursuant to Section 3-150.130(B) of the Land Use Code; for approval to relocate the approved building envelope to encompass the existing structures pursuant to Section 3-200.80; and a demolition extension to allow the owners to occupy the cabin during construction of a new principal residence. 2. The Applicant's lot is zoned RS-30 and is approximately 55 acres in size. 3. Said parcel is located between the north and south forks of Nettle Creek, approximately 1.5 miles east of Highway 133, and is more specifically described in Exhibit "A". 4. The Board heard this application at a regularly scheduled meeting on Dccember 20, 1995, at which time evidence and testimony was presented with respect to the application. 5. The Board finds that the proposed caretaker unit complies with the criteria established in Section 3-150.130(B) of the Land Use Code. rir'. ~ i ~ ~r V t~ 388841 01/04/96 10:46A PG 2 OF 4 Resolution No. 95-_ ~ 3 ~ Page 2 6. 'The Board finds that the proposed amendment to relocate the building envelope is consistent with the original 1041 Hazard Review and General Submission approval granted by Resolution No. 94199 and complies with the criteria in Section 3-200.80 of the Land Use Code. 7. The Board finds that the request for the owners to occupy the existing unit while constructing a new residence is consistent with the requirements of Section 3-200.60 of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Board that if does hereby grant approval to the Harrison Caretaker Dwelling Unit, Minor Amendment to a Development Permit, and Demolition Extension, subject to the conditions of approval as noted in Resolution No. 94-199 and the following additional conditions: 1. Prior to issuance of the Certificate of Occupancy for the new residence, the applicant shall record a caretaker dwelling unit deed restriction with the Housing Office. 2. The caretaker dwelling unit shall be limited to 700 square feet of livable area. 3. A note shall be added to the site plan stating that the front yard shall be the property line as it runs from Corner Stone #4 to Corner Stone #3., as noted on the site plan. 4. The building envelope shall be reduced to comply with the required 100 foot front yard setback. 5. Prior to issuance of a building permit, the applicant shall submit a septic permit and and provide proof of adequate quantity and quality of water for the unit to the Environmental Health Department. 6. The applicant shall adhere to all material representations made in public hearings and in the application. ,~; , ~ 3E~ ,; ~ ~_~ ,, 388841 01/04/96 10:4bA PG 3 OF 4 Resolurion No. 95 _ :a ~ I Page 3 APPROVED AND ADOPTED ON THE 20th DAY OF DECEMBER,1995. ATTEST: Clerk and Recorder APPROVED AS TO FORM: John Ely, County mey AS TO CONTENT: Cindy Houben, Community Development ~~~.) G( { ~ n ~J 'tJ V J BOARD OF COUNTY COMMISSIONERS OF PTTHIN COUNTY, COLORADO EXHIBIT #6 .DETERMINATION OF THE HEARING OFFICER OF THE COb'Il1~Ii)NITY DEVELOPMENT DEPARTMENT OF PTTKIN COUNTY, COLORADO, APPROVING THE SNOOK 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Determination No. 99- 15- RECTTALS Garry Snook and the Bivion B. Hawkins Tnist #1 and #2 ("Applicant") have applied to the Pitlcin County Hearing Officer ("Hearing Officer") for 1041 Hazard Review and Conceptual Submission approval to establish a building envelope to construct a new single-family residence. The vested rights for the approvals granted in Board of County Commissioner ("BOCC") Resolution No. 94199 have expired, therefore, the Applicant proposes to obtain a new 1041 approval, which includes a request to amend the previously approved building envelope. 2. The property is located off of Highway 133 in the Nettle Creek drainage, and is more specifically described in Exhibit A. 3. The property is zoned RS-30 and contains- 55.5 acres. 4. The Hearing Officer heard this application at a public hearing on June 15, 1999, at which tinE evidence and testimony were presented with respect to this application. 5. The Hearing Officer found that the proposed relocation of the primary building envelope was not acceptable, since tbe proposed location was determined to be more impactive to wildlife than the previously approved location, and the proposal did not comply with the Code standard which requires clustering of residential development outside of wildlife habitat areas to the maximum extent possible. The Hearing Officer denied the proposed amendment as evidenced by Hearing Officer Determination No. 99-1 L . 6. The Hearing Officer further found that the previously approved building envelope complies with the applicable provisions of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that 1041 Hazard Review and Conceptual Submission approval is hereby granted to Garry Snook and the Bivion B. Hawkins . , ... ~ .~ I I~~~~ ~'II~ ~~U~~ ~'It I'~~~I~ "~~ I~I~~I II~'~~~I 1~~~ ("1 ~v ; ~ b 433806 07/27/1!99 04.12P DETERNIN aiVIS 1 of 7 R 0.00 D 0.00 N 0.00 PITKIN C0t81T1f. CO --- Hearing Officer Determination No. 99- Page 2 Trust #1 and #2, subject to the following conditions which shall run with the land and be binding on all successors in interest: I. .This approval shall supersede the approval granted pursuant to Resolution No. 94-199. 2. The Applicant shall submit an amended 1041 Site Plan to the Community Development Department for approval and recording, prior to submission of any building permit applications. The site plan shall also be submitted in digital format for integration into the County's GIS system. The site plan shall reflect the building envelope shown in Exhibit B with the addition of a 20' riparian setback from the Colpitts Ditch. The site plan shall be amended as follows: A. Include the following disclaimer: "1041 environmental hazard areas exist that might affect the property, any improvements, and the use and occupancy thereof;" and B. Include the following statement: "WARNING: This property is accessed by a United States Forest Service road and a private driveway that are not built to Pitkin County's driveway standards: ' C. Note that the front yard shall be the property line as it runs from Corner Stone #6 to Corner Stone #3, as shown on the site plan. D. Include a note that no development may occur within the designated riparian setback, except to install a culvert for a bridge to provide access across the Ditch to the caretaker unit. 3. Prior to submission of ISDS, access, earthmoving or building permits, the Applicant shalt remedy the violations on the property as specifted in the "Planting and Boundary Fence Mitigation Plan" dated May 1, 1996, to the satisfaction of the County Wildlife Biologist. Necessary actions are: A. Repair the irrigation system that was installed to support the plantings. B. .Protect from wildlife browsing the live shrubs that were planted as mitigation to ensure their establishment. C. Replace with like plants all dead shrubs that were planted as mitigation. D: Obtain an earthmoving permit for the riding arena and complete the revegetation and screening of the riding arena. An earthmoving permit shall also be obtained if the Applicant proposes to remove the riding arena, however, if the arena is removed, additional screening is not necessary. If the riding arena is retained, itmust be te-seeded with a dry pasture seed mix. A weed management plan shalt be included as part of the earthmoving permit in either , case. E. Submit a weed management plan for the entire property to ca~irol numerous plants that are on the Pitkin County Noxious Weed List. F. Modify the existing fence such that all of the sections identified in the "Fence-Mitigation Plan" consist of 3 round rails with a maximum height offorty-eight (48) inches and with an ,eighteen (18) inch kickspace between the top rail and the second rail. 4. Prior to submission of an ISDS permit, the Applicant shall provide documentation to the .Environmental Health Department as to an adequate quality of water from the welt. 5. Prior to submission of any building permits, the Applicant shalL• 111111 VIII 11111 IIII 1111111 fill 111111 III Illll Illl IIII ~ ~ 433806 07/27/1999 04 1 2 of 7 R 0.00 D_0.00 N 8.80 PITKIN COUNTY C0 Hearing Officer Determination No. 99- Page 3 A. Submit adequate proof of legal access to the subject property, to the satisfaction of the County Attorney. B. File a fireplace/woodstove permit with the Community Development Departrnent. C. Obtain an access permit from the County Engineer to extend the driveway to the building envelope and caretaker unit. D. Provide a trip generation and construction trip generation study for any free market residential structure of 5,000 gross square feet or greater for review and approval of the County Engineer. 6. Prior to issuance of any building permits, the Applicant shall detain approval of an ISDS permit from the Environmental Health Department. The septic system must comply with all minimum horizontal setback requirements between its components and physical features. A qualified professional engineer must design the system. The septic system shall be located within the building envelope The Applicant shall comply with the following wildfire mitigation standards: A. If approved by the U.S. Forest Service, vegetation shall be thinned along the access road to reduce the wildfre hazard. Dead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. Slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. B. Vegetation shall be maintained to a height of less than 6 inches within a10 foot perimeter around all structures. Woody plants shall be avoided. C. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof wverings and flat roofs (up to a 4:12 pitch) are prohibited in all wildfire hazard areas. D. A residential sprinkler or foari fue retardant system shall be installed in the residence. The system shall comply with the standards of the Carbondale and Rural Fire Protection District and the Uniform Building Code. E. Install an underground water storage tank within the building envelope to accommodate a minimum of 1,000 gallons or install a dry hydrant off of theColpitts Ditch. The Carbondale Fire Marshal shall determine the actual capacity and location of the tank. F. Vents shall be screened with corrosive resistant wire mesh with mesh'/. inch maximum. G. Roofs and gutters shall be kept clear of debris. H. Yards shall be kept clear of all litter, slash, and flammable debris. I. Allflammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. J. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of not-more than 6 inches. K. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. L. Swimming pools or ponds shall be accessible to Fire Department vehicles. M. -Fences shall be kept clear of brush and debris. N. Wood fences shall not connect to the structure. O. Fuel tanks shall be installed underground with an approved container. P. Propane tanks shall be installed according to NFPA 48 standards and on a contour away firm 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. ~~ 0 11111111111111111! 1111 illl~i 1111 lliill Il! IIIII IIII Ilil 433806 87/27/1999 84:1 DETERMIN DAMS SILVI 3 of 7 R 0.00 D 0.80 N 0.00 PITKIN t~tArTY CO Hearing Officer Determination No. 99- 15 Page 4 Q. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. R. Addresses shall be clearly marked.with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. S. New and existing utility liges shall be buried within or along the roadway. 8. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Dogs shall be ,prohibited, except for dogs working as part of an agricultural operation. B. New fencing (including replacement fencing) outside of the building envelope shall comply with the fencing regulations in the Land Use Code. C. All horse/livestock feed shall be enclosed in a bam or fenced with a minimum 8 foot high wildlife proof fence within the building envelope. D. Native vegetation shall be maintained outside of the building envelope, except as allowed by condition #8C herein. E. Install and use bear proof trash containers. F. Domestic fowl shall be kept in fully enclosed pens with roofs to prevent disease transmission to wild turkeys. 9. No development, including all structures, goading, landscaping, vegetation removal or disturbance, well and septic system shall occur outside of the approved building envelopes, except for the following: A. Utility and driveway extension and maintenance, B. As may be necessary to implement the wildfire mitigation measures required elsewhere in this document, and C. Agricultural operations, which aze limited to activities associated with soil cultivation, crop production and the raising of livestock. 10.. All areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 1 L All material representations made by the Applicantin public meetings shall be adhered to and considered conditions of approval, unless amended by other conditions. 12. The vested rights for this approval shall expire three years from the date of this approval on June 15, 2002. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIl4IES WEEKLY on the 15'~ day of May, 1999.. APPROVED AND ADOPTED on the 15~' day of June, 1999 PUBLLSHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIlbIES WEEKLY on the ~i day of ~ 1.999. fir, ;-,~ ,, ~U i ~ I ltll>I111111111111lII i111N1 Ihi Illtl Ill IIIII IIII IIII 433806 87/27/1999 84:12P DETERi1IN ~IVIS SILVI 4 of ? R 0.00 a 0.00-N 8.00 PITKIN COINITY CO Hearing Officer Determination No. 99-~ Page S ATTEST: ~~ a Tenley Ta or Adminish~ 've As 'stant APPROVED AS TO FORM: Jolm Ely, County A y COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By~~:~,~ Lance C ke, Hearing Officer Date APPROVED AS TO CONTENT: ~i~ ~ 7~ac/9 ~ Cindy Houben, T Community Development Director P58-99 2649-IOL-00-021 lsuzannew\pitloin\cases\1041~snook\approve ~J ii J _ I IIIIN #111111111111111l111111~11 ~1~11 III IIItI VIII IIII 433806 07/27/1999 04a12P pETERNIN DAYIS SILYI 5 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY C0 COMMITMENT 9Q~A°E A (oontirn~ed) Plat id No. O~+der No. 405847 -C 5. ~e l.ancl refeszed to in the Ooamitment i.s ooueri~g the land in the State of p~lorado, CaastY of Pitkin ,described as follows: H.E. Su=vey No. 90, ~bmacinq a P~~ of Section 10, ZtowrLShip 9 gam 88 West of the 6th P.M. Coloracla, name pazticularlY ~~, and desc~'ibed as foLtcxas: Begitmi~ at oo~z~'s No. 1, fran which the oo~ner of Sections 2, 3, 10 and ll, said ToracLShip and Fiarr~e, bears Nomth 8°3' Fast, 29.57 chains. distant; thence South 13°11' East, 11.01 d~isLS to oomner No. 2; thence South 56°27' West, ?5.65 chains to corner No. 3; thence Natth 35°03' West, 24.42 chains to oomnem No. 4; ther~oe Nomth 74'50' East, 3.48 chaisLS to oomnem No. 5; theme Nomth 0° 19' Fast, 3.6 chains to oomner NO. 6; t2~~oe Nomth 89 ° 13' Fast, 29.58 drains to oomner No. 1, t3~e Place of Fi~rr(nnir~, :~,r~F~i ~~4;3 -~ .~. r 1111111 IIIII 111111 IIII 1111111 IIII 111111 IIIIIIIIIIII -IIII 433806 07/27/1999 04:12P DETERMIN DAVIS SILVI 7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ~ ,~~;~ ~ ~ ~r~ ~ ,r ~ : ~~~ `'\ _~ (-q .. _ Z - -- ~ d ~a~a1 . . ~ ~ ~ ~ ~a ... sa• y b ~' o ~~'~~~ ~~~e "~ryj.~. / 1 ~ ~ 8 `oD ~ b u ui q~i k ., ~ .1 ~ ~ o sps i ~~ _- _ i' ~'-~ `.. a Tom'' r~ h `'a9" W r °~ 3 ~ ~ `~ ~ \ ~ ~ J d~~ B V~I ~ ~ 6 r t- ___~- \ .` j -- `, •~ ~. w .. q .. ~ \ N ~~ ~~ i ~• ''-- --~ .. - e~ I ~'.!' ~.~ i=' , .,ice`--v~ ^-y-/~:~~/_l l I .- ~ iU /i / ' Y i G l ,~ _ p., ` 1, ~~ ~~ . I r ~ I~ s I ~ ~ ~ /Y l~ 1 ~ JI ~ I =~,~,pa ~' ~3 i ~: . ~ - r Y I ~ % ~.1 ".J' ~ 'v 4 It ~ ~'~~ / ~ ~ VU ` Tai as ;. EXHIBIT #7 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE GSS PROPERTIES LLC 1041 HAZARD REVIEW AMENDMENT ~~rx~~ Determination No.04D2001 RECTI'ALS r~ N •, I ~~' ~v `.% ~J ~ t 1. GSS Properties LLC ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for approval to amend the building envelope to include the pond, to permit certain existing development outside of the building envelope, including a berm, landscaping, entry gate and a portion of the leach field, and to modify the front yard definition specified in Determination No. 99-15 and on the recorded site plan. 2. The parcel is located in the Nettle Creek drainage at the base of Mount Sopris in the Crystal River Valley, and is more specifically described in Exhibit A. 3. The parcel is zoned RS-30 and contains SS.S acres. 4. The Hearing Officer granted 1041 hazard review and conceptual submission approval pursuant to Determination No. 99-1 S. The 1041 site plan was recorded in Plat Book S 1 at Page 4. A residence and bam were subsequently constructed within the approved building envelope. S. The Zoning Officer issued a Notice of Violation on June 18, 2001 for construction of a pond without an earthmoving permit. It was subsequently determined that a portion of the work was occurring outside of the approved building envelope. This work impacted the water quality in Nettle Creek, which is the potable drinking water supply for the Town of Carbondale ("Town"). The Town was forced to shut down water plant operations on several occasions when muddy and turbid water entered the plant. The Applicant and the Town entered into a Stipulation in District Court (Case No. O1CV 124) providing that no further work would be done within SO feet of Nettle Creek or in the pond without submitting a plan for such work to the Town for approval. 6. The County permitted the Applicant to continue work in order to stabilize and revegetate disturbed azeas. However, the County subsequently issued a Stop. Work order on July 20, 2001, after continued . complaints from the Town. 7. The Hearing Officer considered this application at a duly noticed public hearing on October 16, 2001, at which time evidence and testimony were presented with respect to this application. the Land Use Code. 8. The Hearing Officer finds that the proposed amendments complywith the applicable vrovisions of 9. The Hearing Officer further fords that "livestock shelters" are not considered agricultural operations as specified in condition 9D of Determination No. 99-15 and, therefore, are prohibited outside of the building envelope. NOW THEREFORE BE TT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the GSS Properties LLC 1041 Hazard Review Amendment; i~~.~i~i~w~~~~u~m~ 461097. Page: i of 10 11/20/2001 83:09P D 0.00 Hearing ~cer Determination Ndd~}0-2001 Page 2 subject to the provisions of Hearing Officer Determination No. 99-15, except as amended herein, and the following conditions, which shall run with the land and be binding on all successors in interest. Within 30 days of the date of this approval, the Applicant shall submit an amended 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The site plan shall also be submitted in digital format for integration into the County's GIS system The mylar copy of the site plan must be signed by the owner prior to submittal for recording. The Applicant shall amend the site plan as follows, prior to submission for recordation: ~ A. The building envelope shall be amended as shown on Exhibit B. B. The location of the pond shall be included on the site plan. C. The Hearing Officer signature block shall state, "This 1041 hazard review site plan has been reviewed and approved by the Pitkin County Hearing Officer this _ day of , 2001, and is subject to Hearing Officer Determination Nos. 99-15 recorded as Reception No. 433806 and Determination No. _-2001 recorded as Reception No. D. The site plan shall include the Notes from the original site plan recorded in Plat Book 51 at page 4, with the following revisions: 1) Note #6 shall be amended as follows, "There shall be a 20' riparian setback from the mean high water line on both sides of the Colpitts Ditch ?viiddle Fork. of Nettle Creek). No development may occur widlin this riparian setback, except for a culvert for a bridge to provide access across the ditch to the caretaker unit and a pond on the west side of the ditch as shown." 2) Note #9 shall be amended as follows: "This approval supercedes the Ferguson 1041 hazard review approval granted by Resolution No. 94-199 and the 1041 site plans recorded in Plat Book 35 at Page 94 and Plat Book 51 at Page 4. 3) Note #12 shall be amended as follows, "`The front yard shall be designated as being that properly lying along the property-lines lying between HES comers 3 and 4, said corners being monumented as shown hereon." 2. The Applicant shall obtain an earthmoving permit to legalize the pond, prior to commencement of repairs to the pond. 3. The Applicant shall comply with the provisions of the Specifications for GSS Property Pond Repair attached as Exhibit C and the Conceptual -Entry Master Plan attached as Exhibit D. 4. Withiri 60 days of the date of this approval, the Applicant shall submit a detailed chemical management plan for review and approval by the Pitkin County Land Manager and the Town of Carbondale. The plan shall address the use, storage and application of any herbicides, pesticides, fertilizers or other compounds on the property. No chemicals shall be used or mixed on the property until the plan is approved, The Applicant shall ensure that chemicals currently stored on- site are stored consistent with the specifications on their labels. 5. Condition No. 9 of Determination No. 99=15 shall be replaced with the following: No development, including all structures, grading, landscaping, vegetation removal or disturbance, well and septic system shall occur outside of the approved building envelope, except for the following: A_ Existing utilities and driveways; 4fi 1097 IIIIILIIIII IIIIII IIII VIII VIII IIII~I III VIII IIII IIII 11920/2001 03:09P SILVIH-DiiVIS PITKIN COUNTY LO R 0.00 D 0.00 .'~d'rf ,~~: Hearing Oj~cer Determination No.O~{ 42001 Page 3 - B. As maybe necessary to implement the wildfire mitigation measures required elsewhere in this document; . C. Agricultural operations, which are limited to activities associated with soil cultivation, crop production and the raising of livestock D. Landscaping, a berm, an entry gate and a portion of the leach field adjacent to the bam, as shown on Exhibit D; E. Three-sided livestock shelters in the vicinity of the riding arena, if approved by the County's Wildlife Ecologist and/or the Division of Wildlife. 6. 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. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIl~IES WEEKLY on the 15'~ day of September, 2001. APPROVED AND ADOPTED this I6~' day of October, 2001. ATTEST: . ~....G~ ~~„l'" Isabel Calderon, Administrative Assistant APPROVED AS TO FORM:. John Ely, Coun mey P137-01 PIDk264910100021 COr~Ilv1UN1TY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PTTKIN COUNTY, COLORADO /' By ° .~----~- James R. True, Hearing Officer Date io 0 APPROVED AS TO CONTENT: Cindy Houben, Community Development Director. II ` II ll II III 461.@97 1a l III hII~ ~~II~II Ilt ~IIII II I 11 /20/2001 03:05 II~~NIIIIIII~I~IIIIIII D 0.00 _ - SIWIR DRVIS PITKIN COUNTYCD - R 0.00 ?'XHIBIT A H_S. SVRV Sly N0. 90, EHBR3.CINC A PORTION Oe SECTION 10, TOHNSAIP 9 SOVTS, RANG3 -~ 88 WSST Oe TSY SIITH PA2NCIPAi MRIDS.W, COLORADO, MORE PARTICULARLY 30VNDED AND ~DTSCAIBED AS POLLOWS: HECINNING A7 CORNEA NO. 1, FROM KRIC7i TH£ CORNER O• SSCTZONS 2, 3, 10 AND 11, SA:S TOwltSHIP AND RANGE, HEARS NORTA 8 DSGR3£9 03' EAST 19.57 CSC\INS D=ST~NT:- ~~ THE2ICE SOUTH 13 DSGA£ES 11' EAST 11.01 GRAINS TD CORNER N0. 2; TH£NCY SOUTS 36 DEGAZSS 27' NEST 25.63 CHA1N5 TO COAN£R N0. 3; THENCE NOAT9 39 DEGASF.S 02' WEST 24.43 G`G12NS TO CORNEA N0. 4; TS£NCE NORTR 74 DSCR£ES 50' LASS 3.48 CHAINS TO CORNER. N0. 5; TAF.NCY NOATA 0 DEGA3e5 i9' EAST 3.6 CSAiN4 TO CORNER NO. 6; TSENCI NO RTS 89 DEGREES 13' EAST 29.58 CHAINS TO CORIISR NO. 1, THE PLACE OP BEGZJRIZNO. ~COVNTY OP PITZ2N, S.ATY OP COLORADO } 4fi1097 IIIIIIIIIIIIII~I~I~I Page:.4 of 10 IIII IIII~ I~I~, I~I 11 /20 /2001 03 : 09P IIIIIIII~IIIIIIII R 0.00 D 0.00 - - SILVIH DgVIS PITKIN'COUNTY CO ~~ G38059, ~ ~ 1111111 11111 111111 llfll 11111111111111111111111111111111 - 436279 10/05/1999 04:fl3P ND DRVIS SILVI - ~ - - - 2 of 4R 20.00 D 135.00 N 0.00 PITKIN COUNTY CO - .-. , i n . .~~ ~ ~ . 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Na$Q 11 ~ ~ ~ p ///~ ~ ~ 55 x-59 Act I I ' ~,~ I 1 ~ ~ ~ ~ ~~ ~ x FOUND ~5 R~PLS ~ 290:,0 ; 1 ~ \ S1G' Ct+P, f ~~ ~~ ~ ~~PONT ON WEB / j . ~ ~ , - + ! / ~ \ ~ / \ ~ ,\ • , \ ` \ ~ Q ~ ~/ B A - i '~ \ ~ \\ ~ , ~ ~ + F o 11 1 ~''~ / ~l a N ~ `~ t 1 ~ °~ ` 1 ~ a; j ~ ~ \ ° ~ ~ ~ 1 .~ 1ba -~ ~p m ~ • \ ~ ii a I ~ ~ r ~o~ ~~ I 1 , (SAC, IO) ~ ~~ ~~ ~ -max ~ ~ ~ ~ ~ ; \`~/ ~~ ~ ~ , 5#~xJ ( ! ! ~~ ~ ~x 1 ~ ., ~.. 1~~~ Ji t // ~~ (7~tU - ~ 1 SPECIFICATIONS FOR GSS PROPERTY POND REPAIR The following description and specifications describe a plan to repair the pond which is approximately 45 to 50 feet in diameter and approximately 5 to 6 feet deep to correct a failure of the pond liner, now floating with air bubbled under the liner. The likely cause of the failure was water infiltrating below the liner from the intake channel above the pond which was not properly sealed during pond construction, allowing water and air to enter below the liner which raised it from the pond bottom. Procedure to repair the pond is as follows: 1. Notify the Town of Carbondale by fax and phone call to Larry Ballenger and to the Water Plant, advising 24 hours in advance of the plan to install a temporary by-pass culvert to divert the stream around the pond. Again notify one hour prior to starting such installation. 2. On the north side of the pond, lay semi-flexible culvert, 24-inch ADSN-12, in order to divert the stream waters around the pond. The upstream end of the culvert is set in the bottom of the stream bed approximately 25 feet upstream of the pond. The lower end of the culvert is to be placed to dischazge water into the existing culvert in the caretaker cabin access road located below the pond. The sides of the culvert at the upstream intake will be sealed with compacted clay between the culvert and the side of the stream, to direct flow into the culvert and stop flow into the pond. 3. When the stream diversion culvert installation is complete, and water through the culvert appears to run clear, notify Carbondale as described above. 4. Pump the remaining water and sediments from the pond and spread on upland grassland at least 200 yazds from the stream. Any sediment remaining after such pumping shall be physically removed, spread on existing disturbed areas, at least 50 feet from stream, seeded and mulched. - 5. Remove the rocks in the pond inlet channel below the culvert bypass diversion. Remove. the existing extension of the pond liner from the bottom of the pond inlet channel. Remove m any rocks which might abrade the new liner. m ..m m r ~ -- 6. Approximately 10 feet upstream of the spillway into the pond, install a "T"concrete ~ e m N diversion box in the bottom of the inlet channel with one outlet facing north. The concrete diversion ,- ~ N box should be set on a minimum of 6 inches compacted road bas class 6 and a minimum of 12 inches ~ a of compacted road base around the structure on all sides (except at outlets). Reshape the pond inlet F channel approximately 2 feet deep and compact and install 3 inches of sand in the bottom of the '~ m ..channel. ~~ ` ~~ ~~ ~. 7. The liner for the intake channel should be 50 mil. Polypropylene. -The inlet channel ~~ liner should extend from the bottom of the channel approximately up the sides of the inlet channel and be folded over the top of the sides of the inlet channel, and buried in side trenches ruining ~ z ,parallel to and on either side the channel 12 inches deep and backfilled and sealed with compacted -~~ clay. Approximately 2 feet downstream of the diversion box; terminate the upstream end of the inlet . ~~ x channel liner by folding it down into a 3 foot deep and 2 foot wide cross trench to create a curtain ~~ a ~. /. or dam to direct any flow through. the sub-grade gravels below the intake channel back up-into the channel. The end of the liner at the bottom of the trench should face upstream and the cross trench ~. o should be back filled with class 6 aggregate and compacted to 95% standard proctor in 6 inch lifts. ~~> ~~ _J _,_ ~.. N :~ ~:~SJ J `V U Specifications for Pond Repair Page 2 8. The bottom of the inlet channel should be lined with 6 inches of compacted gravel. Rip-rap rocks should be placed along the bottom and up the sides of the inlet channel and fixed with non shrink grout up to '/~ of the depth from bottom of the rip-rap material. Rocks should be placed around the diversion box to blend in and obscure it. 9. Remove boulders from perimeter ofpond and remove old liner install at least 3 inches of sand in bottom and up sides of pond. Replace liner with 45 mil polypropylene geo-membrane liner. Bury perimeter of liner in a 1 foot deep by 1 foot wide perimeter ditch which begins at least 1 foot out from outer rim of pond and backfill with compacted clay. Verify all edge seals around the perimeter aze satisfactorily folded over, buried and sealed. Install 4 to 6 inches of compacted clay material on top of perimeter ofpond liner and 2 feet beyond perimeter ofpond outer edge. Install 6 inches of compacted gravel material in bottom and up sides ofpond and place stream bed material in bottom ofpond D50=12" and install no-shrink grout up to %z of the depth from the bottom of the rip-rap material. 10. Repair and reinstall the pond outlet channel liner in the same manner described for repair to the inlet channel liner. 11. Install a silt fence or straw bails in a shallow trench uphill of and around the perimeter of the pond (. Seed exposed ground surfaces and cover with straw mats (except for the area north ofpond). 12. Advise Carbondale, as previously described , 24 hours in advance and again one hour in advance of intention to turn the stream water into the pond. Remove temporary bypass culvert and the clay dam and seal at mouth of temporary culvert. Advise Cazbondale when outlet ofpond appears to run clear. a 13. Excavate trench on north side of pond for underground culvert .for pond bypass: a Install 6 inches of sand bedding and install culvert in trench. Connect culvert to north outlet of r o ~ m concrete diversion box on inlet channel and seal appropriately. 8ackfill trench and compact and 0 ~ N o , apply 6 inches of topsoil. If trench is to be open more than one day, cover trench at night and block t- r N downstream-outlet of ditch to prevent erosion from reaching stream in the event of a storm. ~ a [r a -~ a 14. 'Install underground electric line from barn to a surface box near pond. Connect ~~° aerator for pond. Get and install aerator from Aqua Tec in Glenwood Springs (945-2703). '~~~ ~~ 15. Re- seed all exposed ground surfaces in pond and barn area and install straw erosion control mats around pond area up to driveway and straw mulch over other re-seeded ground surfaces --- within 5 days of completion of pond repairs and installation of landscape plan (as shown on Conceptual Entry master Plan Hanging .Valley) and in no event later than November 15, 2001: Advise Carbondale work completed. ~~Y ~~ a G:~SNOOR\2repairspecs:01 - ~~ .. a ~~~ ~ ~~Q r- .~ - > N .~ D rn ~~A l / ~ ~ ~v m D D rD-u z ~ z I~^--I z^ 1 l J V l A. 1 m N O -/ Z -~\ n (- n O /(/~~ ~ V7 A m m 0 ,._.__, 8` ~.~_ i t l i l zS%Prv v ~ovm ~ °D ~ i l l l Z ~ m . ~z rj "' I Q' ~- ~~ ~,-- Z m `'~'r:~i`;~~ ~~•, :. 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I ~ w .~ i _ ~ Y M ~• ''~ ' i / /~ ~ s ..,E / , ..y~ ~ \ t o ., '~.,~ ,..rte:- /~r, ~ ~ ~~`~~:~ ~/ ' a - f~a~ 1'l 1 ~: = , ~ i/ ~ ~ ~e ~aa ~ ~ ~ ~ ~: A ':., '~ i b ~}^ / / :~ !j.A ~. - F / ~~ `~ f ~ t Conceptual Entry Master Plan r3~'`" .~ ''"J V :r J ~.. .F, ; D~ ~ ~ _ Piton County, Colondo _ •. 3 ~tx, a°. I III~~~ IIIII IIIIII IIII IIIII IIIII IIIIII) III IIIIII IILIIII 461097f ~e I IlllilIIII llllli 1811 llil IIII 11111111 III 11111 Ills Illl 4 90 43 ? 02 :36P EXHIBIT # SILVIfi DgVIS PITKIN COUNTY CO R 0.00 D N.00 8 AD11ZIl~lISTRATIVE DECISION OF THE COMM[JNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING A A'IINOR AMENDMENT TO THE SNOOK (GSS PROPERTIES LLC) 1041 HAZARD REVIEW Determination No.~-2002 RECITALS 1. Gary Snook ("Applicant"), has applied to the Community Development Director of Pitkin County, ("Director"), pursuant to Section 3-200-080 of the Pitkin County, Land Use Code ("Code"), to amend condition No. 3 of Hearing Officer Determination 040-2001 and create an Accessory Envelope for athree-sided livestock shelter on the South end of the parcel. 2. The property is zoned RS-30 PUD and has SS.S acres. 3. The property received 1041 Hazard Review Approval pursuant to Hearing Officer Determination No. 99-1 S. The original approval was amended by Community Development Director Determination No. 99-35, and Hearing Officer Determination No. 040-2001. 4. The property is located at 8888 Highway 133, Carbondale, CO. The property is more specifically described in Exhibit "A". APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. Except as amended in this minor amendment, the Applicant shall adhere to all other conditions of the original Snook 1041, and subsequent amendments, including specifically Condition No. 4 of Hearing Officer Determination No. 040-2001, which prohibits the use or ` mixing of chemicals on the subjectproperty unless and until both the Pitkin County Land Manager and the Town of Carbondale have approved a detailed chemical management plan that addresses the use, storage and application of any herbicides, pesticides or fertilizers on the property. 3. Condition No. 3 of Hearing:Officer Determination No. 040-2001 shall be amended to read: "The Applicant shall comply with the provisions of the Specifications for GSS Property Pond Repair attached as Exhibit C .and the. Conceptual Entry Master Plan attached as Exhibit D, with the exception of provision Nos. 2, 6 and 13 of Exhibit C which relate to the Pond Bypass." 4. The Applicant shall submit for approval a second amended Snook 1041 Hazard Review Site Plan that establishes an Accessory Envelope for athree-sided livestock shelter. The amended site plan shall be submitted prior to the construction of the shelter. ~~~I.i `; ,.T. ND' S~e'~ APPROVED by the Director, this ~ day of~a.re~M,6Q./ , 2002. ~~ ~ Cindy Houben, Community Development Director PID# 2649 101 00 021 P092-02 II II1 illli IIII IIII 474431 IIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIiIII 11,06,200001:36P I NTY CO - R 0.00 D 0 SILVIti DRVIS PITKIN COU ~~ ~} RECEPTION#: 552093, 08/19/2008 at EXHIBIT #9 11:47:49 AM, 1 of 3. R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN APPEAL BY THE COMMUNITY DEVELOPMENT DIRECTOR OF HEARING OFFICER DETERMINATION N0.04-2008 WHICH APPROVED THE GSS PROPF,RTIES LLC SITE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION, AND MODIFYING: THE DETERMINATION Resolution No. r7~3 - 2008 RECITALS 1. The Community Development Director of Pitkin County, Colorado ("Appellant")has appealed Hearing Officer Determination No. 04-2008 to the Board of County Commissioners of Pitkin County, Colorado ("BOCC"). The Appellant is appealing the hearing Officer's decision not to include a condition of approval requiring the Applicant to record a covenant prohibiting commercial agricultural activities on the parcel, pursuant to Sec. 2-20-10(e) of the Land Use Code. 2. The parcel is located at 8888 Highway 133, and is more specifically described in Exhibit A. 3. The parcel contains 55 acres and is conforming in size in the RS-30 zone district. 4. The Hearing Officer granted Site Plan Review, Special Review and GMQS Exemption to utilize one TDR to develop an additional 2,500 square feet of floor area to accommodate a caretaker dwelling unit, garage and additional storage space, pursuant to Detei•~nination Nu. 04-2008, after consideration of the application at a duly noticed public hearing on March 18, 2008. 5. The Appellant submitted a notice of appeal within I S working days of the decision and submitted transcripts of the hearings within 60 working days of the decision, as required by Sec. 2-20-180 of the Land Use Code ("Code"). 6. The BOCC heard this appeal at a duly noticed public hearing on July 23, 2008, at which time evidence and testimony were presented with respect to the appeal based on the record of the Hearing Officer's decision. ?. The BOCC finds that there has not been an abuse of discretion or denial of procedural due process in the application of the fact in the record to the standards of the Land Use Code. 8. The BOCC further finds that [he Hearing Officer erred in his decision by not determining whether the caretaker dwelling unit would be used to support the agricultural use, in which case it would not be appropriate for the Applicant to record a covenant prohibiting commercial agricultural activities on the parcel, pursuant to Sce. 2-20-10(e) of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the appeal of 1 tearing Officer Determination No. 04-2008. BE IT FURTHER RESOLVED by the BOCC that it does hereby modify Hearing Officer Determination No, 04-2008 to include the lolluwing condition: O O l/~~~~~~Ya.. Resolution No./~~3 - 7008 Page 2 1. The caretaker dwelling unit shall be utilized primarily to support [he agricultural use on the property. This provision shall be included in the deed restriction that is required to be recorded for the caretaker dwelling unit. NOTICE OF PUBLIC NEARING PUBLISHED 1N THF, ASPEN TIMES WEEKLY on the 22"a day of June, 2008. APPROVED ON THE 23RD DAY OF JULY, 2008. TI'EST: BOARD OF COUNTY COMMISSIONERS OF PITKIN CO[1NTY, COLORADO I `' / /~~ ,,~~.Z.. ~'IAl----F~-`~- - Jones J~I atfield. Chairm~Sf County CI k ~.- '" ' ~ Date: ~` ~ ~ C' ~ _ APPROVED AS TO FORM: <~--: - -- - ~~--- John Ely, ~ County Attorttey PID 264910100021 Case #P007-08 APNROV Ell AS 'I'O CON'I'E:NT: Cindy ou en, Community Development Director 0©0058 ~ia • o~3-~aos' ~ Onr Order No. Q383230 IEGAI QESCRIFTION H.E. SURVEY" NO. ~0, EMBRACING A PORTION OF SECTION 10, TOWNSHIP 9 SOUTH, RANGE S8 WFST OF THE STXTIi PRINCIPAL MERIDL4N, COLORADO, MORE PARTICULARLY BOUIv'DFD AND DESCR113ED AS FOLLOWS: BSGTIv:~TINGAT CORiv'ER N0. 1, FROM WHICH THE CORNER OF SECTIONS 2, 3, l0 AA"D 11, SAID TOWNSHIP AND RAI~'GE, BEARS NORTH 8 DEGREES 03' 1ST ?9.57 CHAINS DISTANT; THENCE 50UTH 13 DEGREES 11' EAST 11.01 CHAINS TO CORNL•R NO. 2; THENCE SOUTH 56 DEGREES 27' WEST 25.65 CHAINS TO CORNER NO. 3; THENCE NORTIi 35 DEGREES 03' WEST 24.42 CHAINS TO CORNER NO. 4; THENCE NORTH 74 DEGREES 50' EAST 3.48 CHAINS TO CORNER NO. 5: THENCE NORTH 0 DEGREES 19' EAST 3.6 CHAINS TO CORNER NO_ G; THENCE NORTH 89 bLGREES l.3' E.AS'f 29.58 CH.~1TN5 TO CORNER N0. 1, THE PLACE OF' BEG1NNiNG. COUNTY OF PITT{iN, STATE OP COLARADO RECEIVED TIME JUN. ~. B~SSAM RECEPTION#: 547997, 04/01/2008 at 11:50:00 AM, EXHIBIT #10 1 OF 5, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF TAE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE GSS PROPERTIES LLC SITE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER SITE AND CARETAKER DWELLING UNIT Determination No. ~` -2008 RECITALS 1) GSS Properties, LLC (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Oi~icer") to obtain Site Plan approval to constrict a caretaker dwelling unit within the previously approved building envelope. The Applicant is also requesting spacial review approval and GMQS exemption to utilize one TDR to develop an additiona12,500 square feet of floor area to accommodate the caretaker dwelling unit, garage and additional storage space. The parcel is within a designated scenic view protection area as seen from Highway 133. 2) The property is located at 8888 Highway 133, and more specifically described in Exhibit A, 3) The parcel contains 55 acres and is conforming in size in the RS-30 zone district, 4) The BOCC granted 1041 hazard review and conceptual submission approvaE pursuant to Resolution Nos. 94-199 and 95-231; these approvals contemplated construction of a new single family residence and deed restriction of the existing residence as a caretaker dwelling unit. The vested rights expired and the Hearing Officer subsequently granted a new approval, pursuant to Determination No. 99-15; the site plan was recorded in Plat Book 51 at page 4. This approval contemplated expansion of the existing residence as the primary residence, rather than using it as a caretaker dwelling unit. The Hearing Oflicer granted an amendment to the approval to permit the pond and other landscape entry features to be completed and to permit two livestock shelters to be constructed, pursuant to Determination No. 40-2001; the amended site plan was recorded in Plat Book 60 at Page 38. The Community Development Director approved a third livestock shelter, pursuant to Administrative Decision No. 56-2002. The remodeling and expansion of the residence is complete, and a barn and two of the livestock shelters have been constructed. The existing residence and garage contain 5,241 square feet of floor area; the bam contains 3,745 square feet. 5) The Hearing Officer heard this application at a duly noticed public hearing on March I 8, 2008, at which time evidence and testimony were presented with respect to this application. 6) The Director finds that the proposed Site Plan is consistent with the applicable requirements of the Land Use Code, and that the proposed structure is exempt from the Scenic View Protection standards as it is not visible from Highway 133. 7) -The Hearing Officer further fends that the request complies with the applicable provisions of the Land .Use Code, as follows: A) The use of one TDR on the site is appropriate, based on compliance with the special review criteria. B) The proposed caretaker dwelling unit complies with the applicable provisions of the Code. O+~~S~. Determination No. ~-2008 Page 2 NOW, TI3EREFORE, BE IT RESOLVER by the Pitkin County Community Development Hearing Officer that he does hereby approve the GSS Properties LLC Site Plan Review, Special Review and GMQS Exemption for TDR Receiver Site and Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The conditions of Hearing Officer Determination Nos. 99-15 and 40-2001 and Administrative Decision Nos. 56-2002 shall remain in full force and effect, except as amended herein. 2. 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. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manua] Section 2.1.12. The above referenced approva]s shall be a condition precedent to finalization and recordation of them. 4. At building permit application for the caretaker dwelling unit, the Applicant shall surrender one TDR Certificate and a copy of the deeds} evidencing the Applicant's acquisition of the Certificate (if applicable), in order to develop up to 8,250 square feet of floor area. 5. Prior to issuance of a building permit application for the caretaker dwelling unit, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and f-re protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and Natural Resources Department. The water supply shall be demonstrated to be adequate for two dwelling units. B. Complete a firep]ace/woodstove registration form with the Community Development Department, if necessary. C. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. D. Obtain a County access/driveway permit for improvements to the driveway. E. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. F. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. G. Pay the applicable road and employee housing impact fees. H. Obtain a permit for the on-site wastewater disposal system for the caretaker dwelling unit. The system must be designed by a registered professional engineer. 1. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. 6. The Applicant shall comply with the following wildfire mitigation standards, in addition to those specified in Determination No. 99-15: A. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3: l 2 pitch are not permitted unless they comply with the following: 1 } All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. ~0~n~~1 Determination No. ~ 1 -2008 Page 3 3) Protrusions above the roofiine, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:45. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. B. An automatic fire sprinkler system shall be installed in the caretaker dwelling unit. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. The Applicant shall comply with the Pitkin County District Court order dated November 18, 2003 in Case No. OICV 124, which permanently restrained GSS Properties LLC from "storing, mixing, applying or disposing of pesticides, herbicides, fertilizers or chemical compounds on the property in any manner that may pollute the town's water supply." This permanent injunction against these activities was sustained by the Colorado Supreme Court on October 15, 2007 in Town of Carbondale v. GSS Properties, LLC, 169 P.3d 675 (Colo. 2007). 9. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of one off-street parking space shall be provided for the unit. The Applicant shall provide two off-street parking spaces for the caretaker unit The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 10. Concurrent with recordation of the Site Plan, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shat) be submitted to the Housing Office with the deed restriction and prior to issuance of a building permit The Housing Office may inspect the unit. i 1. No calculations for height, bulk, setback, size, floor area, or any other building and inning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations- ] 2. 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-] OS. The statutory vested rights granted herein shall expire on March 18, 2011. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval{s) related to this property, or vested rights associated with this properly. OQ~r~Fi Determination No. ~_-2008 Page ~! NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 17'" day of February, 2008. APPROVED AND ADOPTED this 18'~ day of March, 2008. PUBLISHED AFTER ADOPTION F VES D REAL PROPERTY RIGHTS in the Awn Times Weekly on the CD day o ~ , 2008. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PTI'KIN COUNTY, COLORADO ATTEST: By ~- - - ~~= James R. True, Hearing Officer v w Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: ~: n -~,.~ John , un ey P007-08; PII1#2649 10 1 00021 Date 3 ~~o ~ APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Q~~!~ ~ r~ ~~ Our Order No. Q383230 LEGAL QESCBIPTION H.E. SURVEY NO. 90, EMBRACING A PORT]ON OF SECTION 10, TOWNSHIP 9 SOUTTi, R4NGP S8 WEST OF THE SIXTH PRINCIPAL MERIDL4N, COLORADO, MORE PARTICLn .4RLY BOU;\~ED .4ND DESCRT,}3ED AS FOLLOWS: BBGINNWGAT C0R2v'ER N0. 1, FROM WHICH TIiP CORNER OF SECTIONS 2, 3, ].0 AA"D I1. SAID 'TOWNSHIP AND RANGE, BEARS NORTH 8 DEGREES 03' E~4ST 29.57 CHAINS DISTANT; T}iL~CE SOUTH 13 D1=GREES 11' EAST I1,0I CHAT?VS TO CORNL•R NO. 2; THENCE SOUTH 56 DEGREES 27' WEST 25.fi5 CI-IATNS TO CORNER NO. 3; TH~'Ci= NORTH 35 DL-GREES 03' Z~~FST 24.42 CHAINS TO C0I2NER NO. 4; THENCE NORTH 74 DEGREES 50' EAST 3.48 CHt1INS TO CORNER NO. 5; THENCE NORTH 0 DEGREES 19' EAST 3.6 CI;IAINS TO CORNER NO- G; THFa~CE NORTH 89 DEGREES T.3' EAST 29.58 CH.ATNS TO CORNER NO. 1, THE PLACE OF BL'GINNiNG. CO UN i Y OF PITKIN, ST.gTE OF COLORADO 00~-~~t,... RECEI'o'ED TIME JUN. ~: SSAM EXHIBIT #11 LIST OF ADJACENT OWNERS United State Forest Service 900 Grand Avenue Glenwood Springs, Colorado 81601 ooUc~5 GRAPHIC MATERIALS O Oil n 6'fi: +~ C~ ~, ~ .-` ;- a .D r. Zxrn / ~yA / pz~ z~ ~/ ~~z ti~~ Omz ~~ ~ ~~ ,~~ ~.. ~~~ ,~ /.. ~o.. / -:. ~ ,~ =^: ,, ;~.,~ . - -~.,= , 1 ~o ;0 ~~- ~' \ ~---- -~- ~~ ,\~i ~~ \ \\ i "` 0 ~ -~ j o ~ ~.1~ o~ I ~`~ . ~~ ~, ~ ~~ --~ O ~~ ~~~~ ~ ; ~ ~o~ . ~ i Duo a`~ __ ,, ~. .' , ~ _ ~~~ , ~ o ~ j .. 1 ~~ i --- -- T ------ ~ ~. ~` ~~ - O m o ~ °m ~ ~ ~ ~ ~- ~ _ v ~ z I ~~ O ~, ~ - ~ ,~ ~ i~ \ I 'I I z~ ~ \ / ~ .~ Co I o j ~ ~ ~ \ '--- _ l ~ ~ F. __ -. ~ I i -I~ VJ ~i' ~ \ _ C 1 1`(a'~) Z ~' fA ~, I : c - ~~ ~~~n~ -____,o ~\` ~~~ ~ ~'~ Y~/Lye/~~~/~_--_---~ ~~ ~~~`4\~ I .{~ 6 i v i I~ jo _ ~, ~ s rn', ~~ ~..-----_---- ~^ ~ \ ~ `- ``~~ -~v\ C ~\ \~/ A d~ ~ ~I~ ~y 4 ~ ice, . CJ ~ J ~~ e J Y ~ ~ (V7.+ ~ ~ ~ O ~I --- ~ ~o ,, ,, o ___ ~, ~; _ ~ ~ ~ ~) x -(~ rn y1 ~ 11 ~ ~ dal : ~ I ~ n ~ n ~ I ztio-a a~sw n ~ c> Yji ~ ~~ Q4 3 t n ~ 2 ~ 4~ a l1i ~m 8 ~ muy 0 p e c ~ I S $ ~ ~~~ ` ~ y3 9. ~~ ~ I 3~ ~i 25 I n ~ x R~ ~$ ~ ~` q ~~~ $ 3 ~ ~~'' I - ~ 5 ~~~ ~n ~ ~.'~ ~ ~ ~ § m4 11 ~ y ti ~ o ~'3O ~ ~ ~S p~ ~ 7 ~t ~ ~ ~ 1 O -lt V O p 3 ~_a ~ ~m~ ~ 45~ m~q~ ~ A n 3$ u) rn - ~ ov ~ ~~ W ~ 3 I 3 ~ 3~ 3h 60 ~ ~ ~ ~ ~ n ~ ,n s rn O " ~~ • ~ 9° "~ 1 ~1 1r 1 ~ ~~ ~ ~ ~ ~_ ~y i5 N d ~.K ~~ . I ro p ~ 8~~ Z ~ n A ~~ g~@o° Sg ~ N ~o o ~ ~ ~ m ~ 31 ~T ms ~~5 p ~ D ~ ` ~ ~ o ~ x = ~ N .D ~ ° FOURTH AMENDED SNOOK rrl~r WHEELER ~, { { -{ "' o GSS PROPERTIES SITE PLAN ARCHITECTURE 3 PLANNING ° • 8008 FiGFM1AY X13 ~L PIIICN COIMfY, CCl.0AAD0 AB KAi1DD LANE FAX 870 DDOTIB N 8NON11A88, COLCIUDO81E54 PIICIE WO iP]i7E5 a• .. w C~ G t~ z _ ~ og~., g v \ 9Z ~ _ ,~, +~ ~ -+~ ( , ©' ~ /~ ~,, O - ~~ ,~,~~ \. C'CP ~~ V ' ~\ -. ~, . ~_ o ~_ i, ~~- ~ i d ~~ =-: y~ F ~o v i O~ ~~~ ~~"' ~~~~~~ ~~ S3~ CC~~ 9 ~ 80~ ~~ ~~~ ~~a~~~ ~~ a~g ~~ ~~ ~~ ~~~ ~ 8 ~gY q~4 ~~~g~~ a p'a ~ 1~ ~e ~ ~ ~~~~~ a ~a~ >~ ~. ~~ ~ <~~ ~N4 ~4~epg~~ ~ r°~ §~ B~y> ~ ~ ~~~4~ ~ s~ ~~ ~~ ~~m~~ ~a >~ ~~ ~ ~ ~~ ~ ~~9 x ~\ *\ ,~ ~~ so. \ ~~` S 6' \ ~F ~p 6 K L,? •` ns ~` ~9~ '}P/J CP +. F gg c N~ A~ ~wg~~ ~A2 i' ~gy~ ~9~p ~YY '2 ~ ? `F'14 g~ r ~' i Q ~~ ppSQ4 Yung ~~~~~ $~~~,~ ~~~~ ~$ B~6E ~b~~ ~~~~~~ g~~g~~ ~~ ~e ~m~~ ~~s-'~ 04~~8 no A9~ 4oQ ~p~ ~ s av~~~, ~. ~~ ~ ~ ~~ e~~-~ ~~ ~` ~~~~ =~2 ~~~~ m~~~~~ ~q~ O ~n~.5> r ~~1~JN00"19'40"E 237 09' ,,, d '~" ~ ~F`j's~4j nP N 50, °~ s. „--~ . n ~ C _oooot = 2 m U) D ~ D ~ s~ ° m v`~~ ~! ~ m z ~ ~~5 ~ 0 ql Z m ~ v 0 ~~ cn ~a ;_o zZ z Z y° ° l! °aaQ Z~ O ~`'~ H °° ~° ~ n ~°~p O -im ~ ~ \ ~ o ~O~ O ~ _ O U) _ :_" oD - --- Z ~ m ~ ~- ~ ~ 'r`~~ m ~ v N , -~ m ~ , ~ ~ ~, i ' m _ m o i cN ' ~ _ ~ i ~ ~ i ~ i ~ m / T / ~'~ V ~~ ,/e r ~~` D -~ ~ D D ~ ~ _ ~ N ~ m Z ~~ FOURTH AMENDED SNOOK ~~~ WHEELER ® o ~ ~ O ~ m ° m cn -' GSS PROPERTIES SITE PLAN ARCHITECTURE d PLANNW(3 " ~ r ( o BOOB HG4AVAY %i3 FnY-~ coum caoRAno AB KAIYCB7lAFE FA% 970 D37 OTA N I . pp~q caawoo Bw~ eHO~ B7o vo avBS PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and GSS Properties LLC. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Activity Envelope/Site Plan Review hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 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 fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $1,326 which is based on 5 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 APPLICANT Cindy Houben Community Development Director GSS Properties ,Garry Snoo Print Name Signature Date• Mailing Address: P.O. Box 66 Carbondale, CO 81623 OOt~G70 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on September 25, 2009, the Pitkin County Community Development Director granted approval for the Approving the GSS Propertles LLC Activity Envelope and Site Plan Review (Case P069-09; Deter. #80- 2009). The property is located at 8888 Highway 133 and is legally described as a tract of land H.E. Survey No. 90, embracing a portion of Section 10, Township 9 South, Range 88 West of the 6`~ P.M. The State Parcel Identification Number for the property is 2649- 101-00-021. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Asuen Times Weeklv, on October 11, 2009. PUBLIC NOTICE RE: GSS Properties LLC Activity Envelope and Site Plan Review (Case P069-09) NOTICE IS HEREBY GIVEN that an application has been submitted by GSS Properties LLC (PO Box 66, Carbondale, CO 81623) requesting to obtain Site Plan Review approval to construct a hay barn, greenhouse and root cellar. The property is located at 8888 Highway 133 and is legally described as H.E. Survey No. 90, embracing a portion of Section 10, Township 9 South, Range 88 West of the 6` P. M. The State Pazcel Identification Number for the property is 2649-101-00-021. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Published in the Aspen Times Weekly on August 2, 2009. Attention Adiacent Proaertv Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By September 2, 2009. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, t~ ~~ K. ~~~- ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property adjacent to the subject property, as indicated on the attached list, on , 2009 (which is 15 days prior to the deadline of , 2009). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a co s icuous lace on the subject property (as it could be seen from the nearest public way) on the , 2009, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Applicant's name Signature (Attach photograph here) Signed before me this }~' day of 200~tby E} lc~/t ~i'(i'KCL~ y QUB(~6, hx'~ ~ ~y.~}o WITNESS MY HAND AND OF ICIAL SEAL Zi4 ~~N rQ My commission expires: J` ~ ~~« .!~.~ 1 :SATE OF~ rl Yllt c ~ ~ Notary Public Notary Public's Signature G t"cii~3~asfAhi~~` . '~s`~ : . ' efl~$e'~uii !n~' Z .. 0 . , , GLFN6~O~Tr 5P.FCi~GS •~ ~ ~LR~ :? :` m.-- '; t` , _ -:. . .a ~+- Postage $ $Q.k4 i ~, "$.!'. , .. ~ ' N ~ Cenifietl Fee ~,~` qn id (- ~ V '~ O y :d - ~ C j P,~ ~ D p Retum Receipt Fee (Entlprsement Required) $ti.©0 , $~ "o"°'' ~ n. ~ ~~ 6 O Restrictetl Delivery Fee (Endorsement RaquireA) ~Q.~1~ " ~ ' 1 -;', ~~ , ~ _ cp O TotalPOStageBFees ,$ $~.~4 ~'~~/LiI26u9 O D' ent To `` \- \\ ..~ V v~sh P.Q ~ SR~"1 ~~~ ~F~l ~ p ~ ............. .......... ....................... Street, Apt lJ"o.; ~U6 ~.~j~..q or PO Box No. _ _......__. . /~ ~.-......._.____..__ A M1 .......................................... ..._._ .__.__._.._.__.._.__._.._.__ . ~ ~~~'~~~ v Ciry, State, ZIP+4 - S : tl Q,.1woO \ .. oo i :... ... 7 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 8161 I (970) 920-5526 FAX# (970) 920-5439 July 15, 2009 Alan Richman PO Box 3613 Aspen, CO 81612 arichman@sopris.net Re: GSS Properties LLC Activity Envelope and Site Plan Review (PID#2649-101-00-021; Case# P069-09) Dear Mr. Richman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. 1 . Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) August 18, 2009. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 2"d day of September, 2009. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 18th day of August, 2009, which is at least fifteen (15) days prior to the (30 day out) September 2, 2009. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Crystal River Caucus Colorado Division of Wildlife FROM: Suzanne Wolff, Community Development Department Re: GSS Properties LLC Activity Envelope and Site Plan Review (PID 2649-101-00-021; Case P069-09) DATE: July 20, 2009 Attached for your review and comments are materials for an application submitted by GSS Properties LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, September 2, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. ON OCTOBER 1sT, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT THE LINK BELOW FOR THIS LAND USE CASE REFERRAL. http•//www aspenpitkin com/pdfs/depts/7/P069 09 ~ ~df If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtlernco.pitkin.co.us or 920-5109. Thank you. PITKIN G, JNTY COMMUNITY DEVELC ~VIENT Permit Receipt RECEIPT NUMBER 00027952 Name: GSS PROPERTIES, LLC Date:7/13/2009 Project Address: 8888 HWY 133 Type: check # 8135 Permit Number Fee Description Amount 0069.2009.PLAN PP- Flat Fee 1,247.00 0069.2009.PLAN PP-Clerk Tech Fee 25.00 0069.2009.PLAN PP- Public Notice Fee 54.00 Total: 1, 326.00