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~. DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735-21-4-00-006 Application Date: 11/13/09 Case No: P120-0! Description: Planner: Mike Kraemer # Copies: 7 Allocated Hours: 4 Project Address: 3129 MAROON CREEK RD, ASPEN, CO 81611 % Over Hours: 4.8 Property Owner: WILLOW CREEK FORTY LLLP Address: 3129 MAROON CREEK RD Owner Phone: 53.37% ASPEN, CO 81611 Owner's REP: LANDON DEANE REP's Email: tlazy7@rof.net Referrals: ALL OTHER REFERRALS Comments Due Date: 01/01/2010 Address: 3129 MAROON CREEK RD, 24 - REP's Phone: (970) 925-4614 ASPEN, CO 81611 Other Referrals: Maroon Creek Ranch HOA None Maroon/Castle Creek Caucus None Marcella Larsen 1/12/10 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 01/13/2009 Review Body: bocc Public Hearing? yes Notice Date: 12/13/2009 Meeting Notes: Approvals: BOCC Resolution #: 007-2010 #567719 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: No Vesting Application Type: Minor Special Review Other RESOLUTION OF THE PITICIN COUNTY, COLORADO, BOARD OF COUNTY MISSIONERS APPROVING THE T LAZY'? SPECIAL REVIEW FOR COMMERCIAL SNOW TRUCIQNG/DUMPING/STORAGE BOCC Resolntion~[r - 2010 RECITALS 1. T Lazy 7 Ranch (hereafter, the "Applicant''), has applied to the Pitkin County Boatd of County Commissioners ("BOCC'~ for a Special Review for a Commercial Snow Trucking/Dumping/Storage. Four (4) sites have been proposed. Attachment D shows the four sites. 2. The parcel is located at 3125 Maroon Creek Road. PID#: 2939-214-00-006 (Legal Description, Attachment A) 3. Snow storage will be for the duration of the 2010 winter season. 4. Pursuant to Subsection 4-30-50(1) of the 2006 Pitkin County Land Use Code, standards have been developed to address the impacts of snow storage areas. The BCCC finds that the Applicant has shown compliance with these standards. 5. The BOCC heard the request at a regularly scheduled and duly noticed public hearing on January 13, 2010 at which time evidence and testimony were presented with respect to this application. NOW THEREFORE BE TT RESOLVED by the BOCC that it hereby approves the T Lary 7 Special Review for a Commercial Snow Trucking/Dumping/Storage subject to the conditions outlined below: 1. The Applicaot shall adhere to all material representations made in, or in connection with, the application. 2. Debris shall not be allowed to accumulate on the snow storage/dumping site. All debris remaining after the melt ant will be treated as waste and removed. 3. Snow storage operations shall only be conducted between the hours of 7:00 AM to 9:00 PM, Monday through Saturday. 4. The Applicant shall revegetate the storage areas in accordance with Community Development Department standards, if necessary. Weeds shall be managed appropriately under Pitkin County Land Management guidelines. 5. There shall be no surface runoff from storage/dumping sites unless best management practices are utilised to remove sediment and other contaminants from melt water and promote infiltration rather than runoff. Attachments B and C indicate examples that can be used to discourage runoff and promote infiltration. 6. Failure to comply with the conditions of approval may result in revocation of this permit. RECEPTION#: 567719, 03116!2010 at 02:05:21 PM, 1 OF e, R 50.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Page 1 oj7 ATTEST: ~~ ~~~ /~5<C.I~~' t. R Dean Clerk to the BOCC APPROVED AS TO FORM: c------ ~.a~ . John Ely, `/ County Attorney ~.,/ Cave: P12WMl PmM2737 214-00-006 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Da APPROVED AS TO CONTENT: ~1.re.- / C-~ Cm Houben, Community Development Director Page 2 oft Legal DescYiption_E contaiined-in`Eahibit 'bit B should be eXCepted out of ciginal legal. description a 'and "shall not-'be-affected by t..~s instrument. "~ ~au.a~ca~rros ~r•~ 3 Pa c~ £s APA~. CIF LAND 34~!-TPJi IIi ~WBSP i12t8>R18W8ST L4 SBL~TI2AZID SDDiHBAST L4NC~ASL'3/4SB1C~i11,1'OWli$8TP 705067~3tA1RCE85WESlCB*'1~6TS P~i@ALD~N.P~~CO~IB'1C.WLmiADO.~iGiWRBPA~LABI.YDE~ AS IOIIAWS BZ11C6AZ 1~IAS! C C1P SAID WffiP HA1F ffi~ ffiI6~W8~ QIIAA1~l. 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C8031'~ I~.I,01PD~iG~AtID Dd.RfAN~ WSS! 697.ffi P~f, SOAPS 666.001 58[TrH ~ DBL~S 30' SEE' WBST 197430 FMS APID SaV!$ 366.DOBffi;?~DiFPART~FQ71D3W8S1'SQI.Y III~:C~SAIDPA1tL'ffi.OI~WASf I78.Si PSBP 1'O 7108IIZ'T111IIRTH8WffiT 1II03 ~ THS SOV1~A.81' QIIAi~t 01+T88 liD~ASTQUAY7'F3OFSAIDS~T~l1I; ~VCBGSAIDWESTI.II~ffiNO&TS00 D130' 1T WID'P 97015 Pl~T:11~'T'iCS PINSaWII~1Gr'!H[iI10R7S7~ffi Oi+SAID !'QQAR~OF'1'BBl~15IDASrQUAY'1'BS.liOffil9D~C~8ES4I' ~ki'PAST 1'394.69 FAT TO ~WBST IIl~ffi ~3~ WEST HALF ~ Tffi QIIABIPS OF SAID SSCP7@I ~ ~i~ PCRIAWII63SAID WID?'t IIIiB19~1A 01 D~S41.1T WE4T 732iF4 PBBi:'PORT.G9iII~iCi~1~'SZII38~SAIDWPSPHA7FpP1Hi3 N~W84fQQAiri'PB2d01tTS 89 DHGBEE447'43'FAS?1316.188~1TC1T8j'1POIl~PTOP BFt9~1G COUtfTY08 Pffi`T.STAZEQFaD10-ADO. OOllfl33 tEGAI DESCRIPT1081 PARCEL B: TI$ V11~2OF THE NW 1!4 OF SECTION 22; Tk$ SEi/4 OF TfiE NEIl4: THE SEUi OP SECTION 21, ALL IDf TOWNSIi1P 10 SO11Tct, RANGE 83 WEST OF THE 6TH PRIIiCl?AL MERIDIAN. EXGaPTII4G PROM TIiL• ABOVE PARC"Sc . TtiE FOLLOWPIG: A PA&C~. DiS~ IIY WAR9ANSY DEED RPCDRDE? 7UN8 21, [9'13 IN 300K :77 AT PAGH 118 A FOATTOM DESCRffiED 1N DEED B;.°CORDID MAY <, I%Z IIi HOOK l97 AT PAS Yd A PARCEL DESCR>BIID Ili D>sEDS RECORDED MAY :d, 1934 C'f HOOK 172 A7 PAGBi 319 AlYD L`i BCOIC 181 AT PAGE i7 ' w PARCEL D55CR~ Di DEID RECORDED NNE L3, 1930 D'I HOOR 172 AT PAGE 1:0 Aim AECORDED NLY ii, 1951 IIP l~OR l72 A? PAGE 187 A PABCEI, DESCRIBED @i QUIT CLAD~f DEED R£CORDEs7 wPSiL S, 1484 lly 806K 464 wT PAGE 1?d ALSO DCC'P'['D4G 7ttERE'ROAi iMR00n tREIIt ROAD COiTNTY OF PiTt@t, STATE OF COLORADO 00~-034. /~ . _\ '1~ 1 t 1 T-LAZY-SEVEN RANCH CORPORATION R ".mom('' Y-. - __ _ _. F"'^_ -~ LEGAL DESCRIPTION MAROON CREEK THE SE1/4 AND THE SE1/4NE1/4 OF.SECTION 21, AND'THE W1/2NW3,/4 OF SECTION 22, TOWNSHIP 10 SOUTFI,.,RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN. EXCEPTING THEREFROM, THOSE TRACTS OF LAND PREVIOUSLY CONVEYED IN DEEDS RECORDED AS FOLLOWS: RECORDED APRIL 18, 1901 IN BOOK 116 AT PAGE 384 RECORDED JANUARY 15, 1934 IN BOOK 157 'AT PAGE 375 RECORDED JUNE 15, 1950 IN BOOK 172 AT PAGE 150 RECORDED JULY 14, 1951 IN BOOK 172 AT PAGE 187 RECORDED MAY 26, 1954 IN BOOK 181 AT PAGE 87 RECORDED MAY 26, 1954 IN BOOK 172 AT PAGE 319 RECORDED APRIL 15, 1957 IN BOOK 181 AT PP_GE 184 RECORDED DECEMBER 9, 7.964 ZN~BOOR 210 AT PAGE 350 RECORDED APRIL 7, RECORDED JUNE 21, RECORDED APRIL 9, RECORDED NOVEMBER RECORDED NOVEMBER RECORDED APRIL 5, 1971 IN BOOK 254 AT 1973 IN BOOK 277 AT 1982 IN BOOK 424 AT 4, 1983 IN BOOK 454 4, 1983 IN BOOK 454 19.84 IN BOOK 464 AT COUNTY OF PITKIN, STATE OF COLORADO Sii PAGE 536 PAGE 118 PAGE-899 AT PAGE 977 AT PAGE 981 PAGE 226 1 O0~.~O35 5 `~' d z r ~v J c ~ a o0 ~ ; ,a ~ c ~ t ~ a y §s ~ ~~ e ' m §~ ~ $ m,~ ~. - ° ~ ~ ~~ o ` ~ ~ ~ B E.:.,t ~ H 6 J ~ ~ g ZO ~g ^ ~ ~r/ ~ O € < ~ W ""'a • ~, H ^a ~ .. ~~~ ~ ~ ~ ~ ~~8~~ 8 a ~:~ ~ i ~~ ~~giyes~ ~ e~^R ~ m ~~4 ~ ~-~~8 ~Pyj ~s 0 g s3~e ~ 6 0 o a ~4va v Y~~k I ,o~ tm ~ ~~S SE5~~ 'yy 9 U ^' 6 ~~ ~ s~~ ~;YY: ~ 1 d ~ ~ ~~° C~6 ~ ~1 ° ~ ~ ~8 ~ ' ~ ,~ s ~ 1 ~$ ~ s ~ ~ ~ a 6 ~. § == 3 °'°~ ova's 5 Sze i. N~ ~ S\ s ~~ s 'sse~ a ~o'os ~ °e~a€ c°~8`~~~ ~~$~ "sags d Z r 4 O ,.] ~' N d ~ p Q N~+ ~ Q F 6 N `V h- ~~~ 4 K s} ~ g`~$n~ ~@ ~~ T ~ xd # sa '~.~g ~n~~a l 6 f~ i ~'H~ ~ ~~~°~a~ a ~ #.. d ~ ~~~ :3s~ ~ a ~ g n~ . s m ~: ~~ --f ~a~ ~ Cl J- d~ f-=-1 4~ a~ ~~ roy~ n~ ~~ a .n ~ ~§ is a ~~~~ ;~ Y ~~ng ~~ Oa ~~~ O a U~ a~• 'z ~ "; W ~ s_ Va ~ a ~~$~ ~ et o a$^$'3 ~B~R~gR~ iYJ a ~:~68 i a 30 ~ ~1 - 'L~u~ i ~~ ` ~- o ~ ~: a t: M ~~~ _ :y~ i ~ - .~ ~~ .-a. . ~•. sir:; ,~ a'~ ~ •i ..r 1 , ~a L'~ d of 0 t n !~ L.' - -.14•-x'. ~ `~" • ~4 ~ r ! ~ h T~ ~~ ! 1 ~;• r i .~ I ^ j ~"~ ,~ TO: Pitkin County Board of County Commissioners G~~ THRU: Cindy Houben, ommunity Development Director FROM: Mike Kraemer, Planner~~ RE: T Lazy 7 Special Review for a Commercial Snow Trucking/Dumping/Storage DATE: January 13, 2010 SUMMARY: The Applicants request Special Review approval for commercial trucking and storage of snow at the T Lazy 7 Ranch. APPLICANT: Landon and Rick Deane LOCATION: 3125 Maroon Creek Road. ZONING/LOT SIZE: AR- 2009 AERIAL PHOTOGRAPHY: The 273 7-214-00-006 storage areas are in red. Page ! of S ~o~~ BACKGROiTND and REQUEST: This application is a result of the recent adoption of Ordinance 25-2009 (in effort to save paper, see Elam submittal for Ordinance 25-2009 -Attachment A) which requires commercial snow storage areas to receive special review approval to conduct this type of activity. Previously, snow storage areas were permitted administratively through a Temporary Commercial Use permit and subject to policy standards. Each winter, applications were submitted to permit the activity for the duration of the winter. The ordinance now establishes codified standards for reviewing areas proposed for storage. The adopted ordinance requires cone-step review by the BOCC. Three snow storage sites are proposed on this parcel with one over flow site. The above map shows these sites in red. Below is a picture of the main snow storage area ~/~ .r~ ~ f~ ~ ~''~~ ~1 r ~ ~ ~y ~ i ~ ~~ y 1 S `~' ..y ~' ~ 1 F~ V~1.+ 11 N w q ~~ .~ F, 41'~ t ~'~ "` 3• ~ t ,rY''~ a h~ `~~- e!~ (~? ' ~y:~ v h!, ~. fir. ~ '~ ~,~~' ~ ~'~/ '~~ ,~ " - 1 ' ~~ Historically, the Applicants have obtained permits for the snow storage area in the form of Administrative Decisions. REFERRAL COMMENTS: None. STAFF COMMENTS: Special Review for Commercial Trucking/Dumping/Storage A snow storage area/dump is listed as a special review use in the AR-10 zone district and therefore must comply with the following standards (see Subsection 2-30-30): Page 2 of 5 Z A. The special review use shall consider the applicable Coun[ Master Plan Staff Response: A snow storage site/dump is not a use prohibited in the Mazoon/Castle Creek Caucus Master Plan. B. The special review use shall not conjlict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Staff Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies. C. The proposed development must not materially endanger the public health, safety or welfare.. Staff Response: With the adoption of Ordinance 25-2009, standards were developed in order to safely and effectively site these storage azeas. Impacts, including off-site impacts, were considered and Staff has no reason to believe that the proposed storage area will endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Staff Response: If standards and conditions in the attached draft resolution are adhered to, a snowstorage area should not substantially injure adjoining or abutting property. E. The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Staff Response: A snow storage azea is consistent and is a special review use in the AR-10 zone district. F. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the dmmediate vicinity of the parcel proposed for development. Staff Response: The snow storage areas are located on a parcel with a legal non-conforming use that operates as a commercial guest ranch and snowmobiling operation. Trucking and dumping of snow can be considered consistent with these uses as there is a cattle operation that utilizes large trucks and trailers for transport. G. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Staff Response: With compliance with the use specific standards outlined below, adverse impacts should be minimal for this use. K There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Response: Staff has no reason to believe that public facilities and services will be compromised and existing facilities and services can accommodate the use. Page 3 of 5 3 The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or 2-40-20. Staff Response: Code Section 4-30-50(I) will be addressed below. Use Specific Standards for Snow Storage AreasNumps Section 4-30-50(l) is the applicable section of the Code for review of a snow storage area. The applicant shall comply with the following conditions: (1) Setbacks a. Setbacks shall be regulated by Section 7-20-80 and Chapter 5. Staff Response: Section 7-20-80 regulates development within setbacks of creeks, streams, and rivers. The main snow storage area is near Maroon Creek. The Applicants state that when dumping snow, a 100' setback from the Creek will be adhered to. This will also be a condition if the site is approved. Other proposed storage areas are all 100' from Maroon and Willow Creeks. (2) Slopes a. Slopes in excess of 10% shall be avoided. Staff Response: The proposed sites have not been located on slopes in excess of 10%. (3) Groundwater a. Snow storage and/or dumps shall not be located in areas of high groundwater b. It must be demonstrated that the groundwater high water mark is 4 feet or more below snow storage area. Staff Response: The Applicants have indicated that ground water in the area is no more than 4' from the surface grade. This was documented in previous site visits with Staff. (4) Floodplain a. Snow storage areas shall not be located within the 100- year Floodplain Staff Response: The snow storage area is not located within the 100-year floodplain. (5) Surface Runoff a. Snow storage shall not result in surface runoff unless best management practices are utilized to remove sediment and other contaminants from melt water and promote infrltration vs. runoff. Staff Response: The Applicants have stated that surface run-off does not occur and that infiltration occurs during the melting process. This has been stated to be documented with photographs and observation of historic snow piles on the proposed sites. (6) Dumping into waterway or water-body a. Snow storage areas shall comply with section 7-20-80(d)(12). b. Snow shall not be pushed or dumped into any waterway or water -body at arty time. Staff Response: The Applicants have committed to not dumping into a waterway or water-body. Page 4 of5 y (7) Refuse removal/disposal a. It will be a condition of approval that at the end of each winter season (when all snowmelt is complete) that documented cleanup occurs at the site to remove non-snow refuse from the storage site. Staff Response: The Applicants commit to removal of debris from the site. (S) Scenic Impact Consideration a. Potential scenic impacts of the location of proposed snow storage areas shall be addressed in the application. Staff Response: The snow storage areas will be visible from Maroon Creek Road. The Applicants state that dumping is managed so that loads are not a continual back up of multiple small piles. (9) Revegetation a. If a snow storage area is abandoned for more than two years, revegetation of the site (where necessary) is required. Staff Response: The snow storage areas will be required to be revegetated with the conclusion of the permit, if necessary. (10) Trips a. The Applicant shall present a dumping schedule for consideration that includes hours of operation and estimated number of trucks per hour/day. Staff Response: The Applicants state that annual truckloads in the past have been as low as 400 in 2006/2007 and as high as 2000 in 2007/2008. It has been stated that last year the Applicants received 1100 truckloads. The Applicant will be required to adhere to County construction times of Monday through Saturday 7:00 AM to 7:00 PM. (11) Noxious Weed Control a. The Applicant is required to control for noxious weeds. Staff Response: Weed management will be required as a condition. RECOMMENDATION: Staff recommends the BOCC adopt a motion to approve the T Lazy 7 Special Review for a Snow Storage Area subject to the conditions of the attached Resolution. ATTACHMENTS: None. rage s ors RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY MISSIONERS APPROVING THE T LAZY 7 SPECIAL REVIEW FOR COMMERCIAL SNOW TRUCKING/DUMPING/STORAGE BOCC Resolution - 2010 RECITALS 1. T Lazy 7 Ranch (hereafter, the "Applicant"), has applied to the Pitkin County Boazd of County Commissioners ("BOCC") for a Special Review for a Commercial Snow Trucking/Dumping/Storage. Four (4) sites have been proposed. 2. The parcel is located at 3125 Maroon Creek Road. PID#: 2737-214-00-006 (Legal Description, Attachment A) 3. Snow storage will be for the duration of the 2010 winter season. 4. Pursuant to Subsection 4-30-50(1) of the 2006 Pitkin County Land Use Code, standards have been developed to address the impacts of snow storage areas. The BOCC finds that the Applicant has shown compliance with these standards. 5. The BOCC heard the request at a regularly scheduled and duly noticed public hearing on January 13, 2010 at which time evidence and testimony were presented with respect to this application. NOW THEREFORE BE IT RESOLVED by the BOCC that it hereby approves the T Lazy 7 Special Review for a Commercial Snow Trucking/Dumping/Storage subject to the conditions outlined below: 1. The Applicant shall adhere to all material representations made in, or in connection with, the application. 2. Debris shall not be allowed to accumulate on the snow storage/dumping site. All debris remaining after the melt out will be treated as waste and removed. 3. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM, Monday through Saturday. 4. The Applicant shall revegetate the storage areas in accordance with Community Development Department standards, if necessary. Weeds shall be managed appropriately under Pitkin County Land Management guidelines. 5. There shall be no surface runoff from storage/dumping sites unless best management practices are utilized to remove sediment and other contaminants from melt water and promote infiltration rather than runoff. 6. Failure to comply with the conditions of approval may result in revocation of this permit. Page 7 oj1 I BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ATTEST: Lyndee R. Dean Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney Case: P120-09 PIDH2737-214-00-006 George Newman, Chair Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Page 2 oj2 PITKIN COUNTY PRE-APPLICATION SUMMARY LOCATION: T LQZN ~ I~CIX~C-hl . PID# ~~35'-~/~ aU-~~~ -~fs): Rl(Y ~ L~1.t'1r~oYl DFCLYIe~ PHONE and EMAIL: t~1a7 925 ~41p14 p„~r~Qrs:(,,),IlowCre.e-1< ~,ijy 1, I.I,P t~J~lr';cIL Prc~Per~}reS LLC REPRESENTATIVE: DATE: October 23, 2009 PLANNER: Mike Kraemer, 920.5482 Type of Application: Special Review for Commercial Snow Storage Description of Project/Development: The Applicant is requesting Special Review to establish a snow storage operation. Laud Use Code Sections to be addressed in letter of request (aaalicationl: Sec. 2-30-30(h): Special Review Sec. 4-30-50(I): Use Specific Standards for Snow Dumping/Trucking/Storage (see attachment) Staff will refer the application to the following agencies: Review by: BOCC. Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all property owners within 300' of the subject property at least 30 prior to the hearing with the return address of the Community Development Department (copy of the 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 appeaz no more than 60 days prior to the date of the public hearing. FEES: $1,207 • Planning Office flat fee: $998 non-refundable; based on 4 hours of stafftime. If staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $249/hour) o Public Notice Fee: $54 o Web Technology Fee: $25 o Clerk Fee: $130 To apply, submit 7 (2 unboundl copies of the following information, unless noted otherwise: I . Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" by 17" Site Plan showing compliance with Section 4-30-50(I) 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property; 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative (1 copy) 9. List of all property owners and mineral estate owners within 300' of the subject property (1 copy) 10. Copies of this pre-app form oooo©~ o~ ,~q 11/13/09 To Whom It May Concern: Please accept this letter as a request for a snow dumping/trucking/storage permit located on the T Lazy 7 Ranch. Although the process has now been formalized by Pitkin County, our snowdump has been recognized and approved by Pitkin County since 2006. The snowdump areas located on the enclosed map follow and comply with the code sections 4-30-50(I). All locations are on flat ground with no slope, outside of the 100 year floodplain. Through tests involving digging holes with a backhoe in the area of the dumps during high water, it has been proven that they aze not in an azea of groundwater within four feet of the surface. Additionally, the snow has been cazefully observed to identify whether there is surface runoff during melting. It has been proven through this observation and photographs that this is not an issue. No snow is pushed or dumped into any existing waterway and during melting of the piles; frequent cleanup is conducted to remove any refuse that may have made it into the snow piles during the winter. Interestingly, it has been observed that the areas of our snow piles in the past are areas of increased natural vegetation! We have a very strict noxious weed control program on the entire ranch. The snow piles aze located adjacent to the Mazoon Creek Road. We have been cazeful to manage the loads as they aze dumped to avoid a backup of multiple small piles. This in reality only affects personal parking for our business, but does help with the visual impact of the operation. Obviously, the dumping operation revolves around the natural weather patterns and the accumulation of snow. Traditionally, since the snow we receive is from pazking lots, it only makes sense that snow is primarily hauled during the evening and early morning hours. It is difficult to quantify and predict the number of vehicles and trips per day as it is completely weather and snow dependent. Each year our numbers have varied greatly. Roughly, the number of annual truckloads has vazied from a low of 400 in 2006/2007 to a high of 2000 in the amazing snow year of 2007/2008. Last yeaz we had 1100 truckloads of snow. Please do not hesitate to call with any further questions or if additional paperwork is needed. Sincerely, ~'a~Ll%zt-~_ Landon Deane Rick Deane Enterprises, Inc. dba T Lazy 7 3129 Maroon Creek Rd. • Aspen, CO 81611 •970/ 925-4614 • Fax 970/ 925-7040 O~QOd2 PITKIN COUNTY COMMUDIITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and 11 (hereinafter "APPLICANT") AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for ~ L0.'z~ ~ ~Jt1p1.CdU,'V10. (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Boazd of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY' S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITICIlV COUNTY R If IL 11~/t JILJ ~i~"~' ' Yk' ("APPLICANT") Cindy Houben Community Development Director By: - ~ S R~c~. nc~r~~ ~~~~. Print Name and Title (if applicable) Date: p Ma ng Address: y" Rte ~G,11 Vl ~1~ ~61~1j 0000©3 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DII2ECTOR OF PTTk.IN COUNTY, COLORADO, APPROVING A TEMPORARY COMMERCIAL USE/SPECIAL EVENT PERMTT FOR THE T LAZY 7 RANCH FOR SNOW STORAGE Administrative Decision No.~-2007 RECTTALS 1. Pursuant to Subsection 4-30-50(i) of the 2006 Pitkin County Land Use Code, the Community Development Director of Pitkin County, Colorado ("Director") may approve a Temporary Commercial Use/Special Event Permit for commercial activities or special events. 2. Rick Deane (hereafter, the "Applicant"), has applied to the Director for approval of a Temporary Commercial Use to store snow at the T Lary 7 Ranch at a site downstream from the Lodge on the Creek side of Maroon Creek Road. 3. Snow storage will be for the duration of the 2007-2008 winter season. The Applicant has committed to cleanup trash and debris that may be incorporated throughout the snow. 4. This application was referred to the Environmental Health and Natural Resource Department (EH/NR) and the Maroon /Castle Caucus. The Applicant can satisfy the conditions of EH~R. 5. The Director finds that, to the extent applicable, the application complies with the standards in Subsection 4- 3-50(1) of the 2006 Land Use Code. THE DIRECTOR HEREBY APPROVES the Temporary Commercial Use Permit for the T Lary 7 Snow Storage, subject to Applicant's compliance with each of the following conditions: 1. Applicant shall adhere to all material representations made in, or in connection with, the application. 2. Snow shall be stored/dumped a minimum of 100 feet from the high water line of Maroon Creek and at least 50 feet from riparian and wetland buffer areas and 25 feet from isolated riparian and wetland areas. O 3. No snow storage/dumping shall occur on slopes exceeding 10%. U o ~ 4. Snow storage /dumping shall not be allowed in an area of high groundwater. Ground water must be Z 0 0 4' below the snow storage site. N 0 U 5. Snow storage/ dumping shall not be located in the 100 year floodplain. c a n ~ = 6. Snow storage/dumping shall not occur on impervious surfaces. 0 ~ o U 7. There shall be no surface runoff from storage/dumping sites unless best mariagement practices are 0 z utilized to remove sediment and other contaminants from melt water and promote infiltration rat er ~ w O ¢ Z > than runoff. F-a~0 ]C w a' `" ~ ~ 8. No snow storage/dumping shall result in snow being pushed or dumped in to any body of water at ~M~v ~ c o ~ ~~ ~ any time. 9. Debris shall not be allowed to accumulate on the snow storage/dumping site. All debris remaining after the melt out will be treated as waste and removed. 10 . The EH/NR Department may require the Applicant to undertake water sampling or percolation tests to determine if the snow storage/dumping is having any deleterious environmental effects. 11 . Failure to comply with the conditions of approval may result in revocation of this permit. ~a04~~. .~" APPROVED this~{~ day of November, 2007. ~ ~ Cindy ouben Community Development Director P266-06 PID 2735-214-00-006 Do~uaJ t, OF THE COM114iTPiT1'Y DEVELOPMENT DIItECTOR OF PITHIl 20VING'A TEMPORARY COMMERCIAL USE/SPECIAL EVENT ~: ' _- PERMIT FORAaTHE t~ 7.Y 7 RANCH FO`R/ SNOW STORAGE _° 've Decision No. 7 -2009 ". ~' - RECTTALS 1. Pursuant to Subsection 4-30-50(i) of the 2006 Pitkin County Land Use Code, the Community Development Director of Pitkin County, Colorado ("Director") may approve a Temporary Commercial Use/Special Event Permit for commercial activities or special events. _ 2. Rick Deane (hereafter, the "Applicant'), has applied to the Director for approval of a Temporary Commercial Use to store snow at the T Lary 7 Ranch at a site downstream from the Lodge on the Creek side of Mazoon Creek Road. Additional locations proposed are the T Lazy 7 "sign site" and the "Chuckwagon" site on the road. 3. Snow storage will be for the duration of the 2008-2009 winter season. The Applicant has committed to clean up trash and debris that may be incorporated throughout the snow. 4. This application was referred to the Environmental Health and Natural Resource Departrnent (EH/NR) . The Applicant can satisfy the conditions of EH/NR. 5. The Director finds that, to the extent applicable, the application complies with the standards in Subsection 4- 3-50(i) of the 2006 Land Use Code. THE DIRECTOR HEREBY APPROVES. the,T~giporary Commercial Use Permit for the T Lazy 7 Snow Storage at the three proposed sites (see attached map), subject to Applicant's compliance with each of the following conditions: 1. Applicant shall adhere to all material representations made in, or in connection with, the application. 2. Snow shall be stored/dumped a minimum of 100 feet from the high water line of Maroon Creek and at least 50 feet from riparian and wetland buffer areas and 25 feet from isolated riparian and wetland areas. 3. No snow storage/dumping shall occur on slopes exceeding 10%. 4. Snow storage /dumping shall not be allowed in an area of high groundwater. Ground water must be O 4' below the snow storage site. U c z ~ 5. Snow storage/ dumping shall not be located in the 100 year floodplain. a ~ 6. Snow storage/dumping shall not occur on impervious surfaces. ° o a 7. There shall be no surface runoff from storage/dumping sites unless best management practices are ° v = utilized to remove sediment and other contaminants from melt water and promote infiltration rather u°Oi c ~ than runoff. ~ ~...~ ~ ;~;~j~ v~ D `, vs O U o a ~ c 8. No snow storage/dumping shall result in snow being pushed or dumped in to any body of water at Z > any time. ~-w~OY w v n y v 9. Debris shall not be allowed to accumulate on the snow storage/dumping site. All debris remaining w N o w ~ --after the melt out will be treated as waste and removed. Yom.-G-~ _ - 10. The EH/NR Department may require the Applicant to undertake water sampling or percolation tests to determine if the snow storage/dumping is having any deleterious environmental effects. - , p~00006 11:=Failur'e to comply with the conditions of approvaiTnay =_ ~ tG _ ~ ,:ur F APPROVED th~s~-~ day of January, 2009 +," ti: _.. j Ci dy Houben Community Development Director t ``- P266-06 P[D 2735-214-00-006 t: ;~pnOO7. -- -_ v: i .r ~ ult in revocation ofth~s permd. `~ ~• z ._-- JP3 O ~~, cb O O O I .p ~ b ,,+ y,o o ~ o ¢ ~ ~ ~ y ~ q ~ `~ _ o ~ ~~ K ry n ` f* ,:~~t. Y ~y M1y * ~ I ..: ..~~,~iii. ByM1 ' yi: ':yp..~F 6 yy. O ~. ~ ~~:. y ,. .ryUt Q 4- E~ y ~M1 1M1~' 6 ll• ~ a i~r. d y ' -. ~~;' .~ ~~ ~ o i o~yM1 , .t e ~ 4 M1 `'J iI Y~(~li. i j M1k'M1` ryy I~'~v AI ~~ i~ M1 rj ~ O O j ~ yry- 'i ~: tlrr'~~. ~ ~ ''EL'M.. a ~~ o ~ryBO. Y- B O O * BM19y!l /''l oa ~~ ~'~ e ~ryM1 S6\ .6 9 ey ' e~'~ 0P~;~" Q ~~ ~~ 6ry r 1 ~ ~~, ~ + ~ ery,~M1 01ry - ~ry'~ i s '~`M1 6y o Q'3 •® o ~M1 9ry 0 ~. ~ n i -Sutitlvision: BULKLEY• T LAZY 7'LOT'LINE ADJ, Section: `22 Township: 10 Aange:'85 SE 114 NE 114 SEC 21-10.85 W 112 NW 114 SEC 22-10.85 SE 1l4 - SEC 21.10.85 LESS TO ROAD 5 AC LESS TO CHRISTENSEN 5.9 AC BK 181 , PG 87 LESS TO HANSEN 2.95 AC BK 181 PG 184 A ROW ACROSS GRANTORS 1 1'1 ie i eS 1 0"~ t.J ~\t~ T ~INOTICE THAT YOU ' ~ WILL RECEiV ! LAND BUILDING PERSONAL PROPERTY EXEMPTION • DISABLED VET. OR SENIOR HOMESTEAD NET TOTAL 395100 11 3941400 47 PITKIN COUNTY 3.923 - 1.428 $1,478.05 HEALTHY CONIrAINITY FUND 0.502 - 0.001 $296.79 ASPEN MBULANCE DISTRICT 0.278 - 0.102 $104.26 OPEN SPACE 8 TRAILS 3.760 $2,227.42 PITKIN COUNTY LIBRARY 1.628 - 0.480 $680.08 ASPEN FIRE PROTECTION 1.506 $892.15 ASPEN VALLEY HOSPITAL 1.280 $758.27 ASPEN SCHOOL DISTRICT 9.355 $5,541.90 COLORADO hflN COLLEGE 3.997 $2,367.82 COLORADO RIVER WATER CONS 0.252 - 0.054 $117.30 ASPEN HISTORIC DISTRICT 0.300 $177.72 CHGICITV LIEN/SPECIAL A mill levy is the tax rate per $1,000 of assessed valuation. Without state legislative funding your school NET MILL LEW FULL TAX 4336500 592400 mill levy would havebeen~9.8Z0. 24.716 007 A~3282 I Aeal IS YOUR ADDRESS CORRECT? Please check the box on the coupon for change of address. T-LAZY SEVEN RANCH CORP CIO RICK DEANE 3129 IdAA00N CREEK AD ASPEN, CO 81611-3561 FORMSFORADDITIONALSNFORMATION. TAX NQTICE R003282 ca, TAX YEAR SCHEDULE NUMBER~-~'~::{x~~.. gar '" aPpeag» PLEASE USE YOUR CANCELLED ~ _• - ~DML[' =a ~: ~` zyx ~ CHECK ASARECEIPT. IF YOU NEEDA < SEPARATE RECEIPT PLEASE RETURN ^' `~ ' THIS COUPON AND CHECK HERE. r1 u•y, w, r. 641.76 $1,320.88 _: <,~ ., $7,320.68 OR -, t $14,641.76 Make checks payable to: PITKIN COUNTY TREASURER Post-dated checks are not accepted. If your real (not personal) property taxes will be paid by your mortgage company, please do not duplicate payment. If you have sold this property, please forward this statement to the new owner or return R to this office marked "property sold" (and include the name and address of the new owner if known). RETAIN TOP PORTION FOR YOUR RECORDS. LEASE AGREEMENT This LEASE AGREEMENT is made this ~a~ day of ~~ , 1989, between T-LAZY SEVEN RANCH CORP. (the "Lessor") and RICK DEANS (the "Lessee"). RECITALS \ 00010 The Lessor is a corporation organized for any legal or lawful purpose including, but not limited to, the operation of a guest ranch, and any other business activity related thereto. The Lessee and/or his legally constituted designee operates a horse rental business and a snowmobile re~tal business for the benefit of the guests of the Lessor and the general public partially on property owned by the Lessor. These operations are hereby approved by the Lessor. The Lessor and the Lessee. are both interested in assuring the continued availability of the said rental services in view of the financial benefits that each party will derive from the activities involved and, in particular, the indirect benefits that will likewise accrue to the Lessor ,, `+ in attracting additional guests to its guest ranch due to the availability of the said services. .The property owned by the Lessor on which such services are made available is more particularly described in the Exhibit "A" attached hereto and by reference made apart hereof. Certain improvements made by the Lessor on the said property that are intended by the parties to be subject to the terms and conditions of this Agreement are more particularly described in the Exhibit "A-1" attached hereto and by reference made a part hereof. Certain improvements made by the Lessee on the said property with the approval of the Lessor and intended by the parties to be subject to the terms and conditions of this Agreement are more particularly described in the Exhibit "B" attached hereto and by reference made a part hereof. It is, therefore, agreed: 1. LEASE. The Lessor hereby leases to the Lessee the said property and improvements on which the said services are provided and the Lessee hereby agrees to lease the said property and improvements ("the property and improvements") for the term hereinafter specified in consideration of the covenants and agreements set forth below between the parties. 2 • \OQUQLY 2. REPRESENTATIONS OF THE LESSOR AND LESSEE. ~ (a) The Lessor is the sole owner of record of the property and improvements on which the said services are provided. (b) The Lessee agrees to pay to the Lessor the annual sum of Ten Thousand ($10,000.00) Dollars, payable in two semi-annual installments of Five Thousand ($5,000.00) Dollars on February 15 and September 15 of each year of this Agreement with the first payment due February 15, 1989 in consideration of the lease of the said property and improvements thereon by the Lessor for the term hereinafter specified. (c) The Lessee also agrees to offer to the guests of the Lessor's lodging operations, which operations are located on the property subject to this Agreement, a discount equal to twenty (20~) percent of the then existing published rates for the horse and snowmobile. rental rates offered to the general public. The said ~'~discount shall not be cumulative with other discounts offered nor shall it apply to special promotional activities promulgated under this Agreement by the Lessee. (d) The Lessor's said lodging guests shall be entitled to pedestrian access to the property made subject to this Agreement subject to reasonable rules that may be promulgated by the Lessee from time to time that are directly related to the rental services provided hereunder by the ` 3 t OQUJ12 Lessee. Such rules shall not be deemed a modification of ~ this Agreement. (e) The Lessor hereby grants to the Lessee an easement for ingress and egress to the property surrounded by the property subject to this Agreement in order that all rental services provided hereunder may be performed in the most efficient manner. Said easement shall extend to and include the entire said surrounding property. (f) Lessor and Lessee hereby specifically agree that any payment to the Lessor called for hereinabove in 2(b), may be deferred, at Lessee's option, for a maximum period of one (1) year from the date due. In that event, the deferred payment shall bear interest at the annual rate (APR) of ten percent (10~) from the date due until the date paid. In the event the Lessee should decide to pay in such a manner, it (the deferred payment) shall not be deemed a modification of this Agreement. (g) In consideration of the foregoing, the Lessor grants to the Lessee the specific and exclusive right to operate (1) snowmobile rentals, tours, sales and service operations and (2) horse stables including, but not limited to, horse rentals, lessons, hourly rides, daily rides, breakfast, lunch and dinner rides, any group rides, wagon rides, sleigh rides or any other similar activities on the property made subject to this Agreement. (h) The Lessee shall not assign this lease without the Lessor's prior written consent, which consent shall not be unreasonably withheld. 3. TERM. The term of this lease shall begin on the commencement date of the Lease, as set forth above, and shall end twenty-five (25) years after the said commencement date. (a) Renewal Option: The Lessee shall have the option to renew this lease for five (5) successive renewal terms of five (5) years each upon the same terms, covenants and conditions hereof. The Lessee may, at any time or times, exercise the said renewal options in any single instance with respect to one or more of the said renewal terms, in consecutive order. Each exercise by the Lessee of any renewal option or options shall be evidenced and effected by C - the Lessee giving to the Lessor, not less than ninety (90) days prior to the expiration of the current term, written notice of his election to renew this lease for the renewal term or terms specified in the said notice and by the payment to the Lessor of the sum of Five Thousand ($5,000.00) Dollars for each successive renewal term. (b) Right of First Refusal: If at any time during the term of this lease the Lessor shall receive a bona i fide offer (an offer shall not be considered to be a "bona fide" offer unless it shall be signed by the offeror and accompanied by a deposit of ten (10~) percent of the proposed price in a Pitkin County title company escrow account) to 5 0011014 purchase or lease the entire property, or a portion thereof, which property is subject to this Agreement, the Lessor shall furnish to the Lessee a true copy of the proposed purchase or lease agreement and notify the .Lessee that the Lessor is ready, willing and able to sign the same. The Lessee shall have the right, exercisable by written notice to the Lessor given within thirty (30) days after receipt by the Lessee of such proposed purchase or lease agreement, to purchase or lease such property upon the terms, covenants and conditions therein set forth. If the Lessee shall not so elect within the said thirty (30) day period, the Lessor may then enter into the proposed purchase or lease agreement with the offeror. If the proposed agreement with such offeror is not consummated, the Lessee's right to first refusal shall remain in effect. Neither the making of the proposed agreement by the Lessor nor anything provided for in this Paragraph (b) shall be construed or deemed to terminate or extinguish the Lease Agreement contained herein,° nor shall it affect the Lessee's rights as defined in Paragraph 3(a) above. 4. MAINTENANCE OF PROPERTY AND IMPROVEMENTS.. The Lessee agrees to assume certain property maintenance expenses relative to the property made subject to this Agreement as follows: (a) The Lessee shall be responsible for the maintenance and repair of the improvements made by the Lessor on the property made subject to this Agreement. 6 • 000015 (b) The Lessee shall be responsible for all expenses incurred in the operation of the business known as "T-LAZY SEVEN STABLES" including, but not limited to, veterinary, feed, wage, food, tack, phone equipment, repair and maintenance and all other operating expenses with respect to the said business. 5. PAYMENT OF TAXES AND UTILITIES. The Lessor shall be responsible as follows: (a) The Lessor shall be responsible for the payment of all property taxes assessed and levied with respect to the property and improvements, as well as all costs and/or assessments relative to the water rights covering the property made subject to this Agreement. (b) The Lessor shall be responsible for the payment of all the utilities relative to the improvements made by the Lessor on the said property. 6. LESSEE'S EQUIPMENT. 'The Lessor agrees that all machinery, livestock, equipment, fixtures or other personal property of whatever kind and nature kept or installed on the Lessor's said property by the Lessee shall not become the property of the Lessor. 7. RESPONSIBILITY FOR INSURANCE COVERAGE. The responsibility for the placement of insurance coverage is as follows: (a) The Lessor shall be responsible for insuring the property made subject to this Agreement to cover general ,. y-, 7 OQUUIG premises liability in an amount of at least and for casualty loss of an amount of at least (b) The Lessee shall be responsible for insuring the operational liability for all snowmobile and horse related activities. 8. DAMAGE TO IMPROVEMENTS. If any improved property made subject to this Agreement is damaged by fire or other casualty as to require the replacement thereof, the parties agree that the Lessee shall be responsible for the repair of the same, and shall do so as expeditiously as possible. However, during such repair, the rent hereunder shall abate to the extent that the property and improvements are unusable. Any insurance proceeds received as a result of any such damage shall be the property of the Lessee. If the said (~ damage is not covered by insurance through no fault of the responsible party or the said insurance proceeds are not sufficient to cover fully the replacement cost of the damaged property, then the cost of the said replacement not covered by insurance shall be shared equally between the parties. If insurance proceeds related to such damage are not available as the result of the fault of either party, then that party shall be responsible, at such party's sole cost, for the forthwith repair or restoration of the affected property. 9. IMPROVEMENTS. The Lessee shall have the right, from time to time, with the Lessor's consent, to make such alterations, changes, installations, additions or S DOUD17 .improvements to the property and improvements made subject to ~ this Agreement as the Lessee shall deem necessary for the continued normal and reasonable operation of his said rental services. Any expense incurred by the Lessee for any such changes and/or capital improvements with the approval of the Lessor shall be shared equally between the Lessor and the Lessee. 10. SURRENDER. Upon the expiration or earlier termination of this Agreement, the Lessee agrees to remove from the Lessor's said property within one hundred eighty (180) days after such expiration or termination all of his property situated thereon and shall repair any damage caused by such removal. Anything to the contrary notwithstanding, property not so removed within such time period shall become the property of the Lessor. 11. AMENDMENTS. This lease may not be amended, modified, or terminated, nor may any obligation hereunder be waived orally, and no such amendment, modification, termination, or waiver shall be effective for any purpose unless it is in writing, signed by the party against whom enforcement thereof is sought. 12. MISCELLANEOUS PROVISIONS: (a) No Waiver. The failure of either party to insist on strict performance of any term, covenant, or condition hereof, or to exercise any- option herein contained (other than the options provided for in Paragraph (a) of 9 OOttD18 'n Article 3) shall not be construed as a waiver of such term, covenant, condition, or option in any other instance. (b) No Representations. Neither party has made any representations or promises, except as contained in this lease. (c) Federal Income Tax Deductions. Only the Lessor shall have the right to take deductions and/or credits on its tax returns with respect to the said property and improvements that it has subjected to the terms and conditions of this Agreement. Anything to the contrary notwithstanding, the Lessee shall have the right to take deductions and/or credits on his tax returns with respect to the improvements that he has subjected to the terms and conditions of this Agreement. (d) Captions. The captions in this lease are included for convenience only and shall not be taken into consideration in any construction or interpretation of this lease or any of its provisions. (e) Entire Agreement. This instrument contains the entire agreement between the parties as of this date. The execution hereof has not been induced by either party by representations, promises, or understandings not expressed herein and there are no collateral agreements, stipulations, promises, or undertakings whatsoever upon the respective parties in any way touching the subject matter of this instrument which are not expressly contained in this 10 • 9ouols Agreement or attached hereto and by reference made apart hereof . (f) Notices. If either party desires to give notice to the other in connection with and according to the terms of this lease, such notice shall be given by registered or certified mail and it shall be deemed given when deposited in the United States mails with postage prepaid and such notices shall be addressed as follows: For the Lessor: For the Lessee: P.O. Box 240 Aspen, CO 81612 P.O. Box 858 Aspen, CO 81612 Nothing herein contained shall be construed as prohibiting the parties respectively from changing the place at which notice is to be given, but no such change shall be effective unless and until it shall have been accomplished by written notice given in the manner set forth in this Paragraph. (g) Recording. A memorandum of "Notice of Lease in Effect" suitable for recording may be prepared by either party and recorded with the Clerk and Recorder for Pitkin County covering the property made subject to this Agreement. 11 Q.Q~fll~_ IN WITNESS WHEREOF, the Lessor and the Lessee have /~ hereunto set their hands and seals, the day and year above written. c Secr tary 12 LESSOR: T-LAZY SEVEN RANCH CORP. President LESSEE: ~~~~~~ RICK DEANE D~U~~~~ STATE OF COLORADO ) ss. COUNTY OF PITKIN ) On _ ~~~ NCO ~. 1989, before me personally came RICK DEANS, to me known, who, being by me duly sworn, did depose and say: That he is the Secretary of T-Lazy Seven Ranch Corp., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ,, ' t i 4 ~ .. STATE OF COLORADO ) COUNTY OF PITKIN ) ~~~~~ ~ ~' On ~ O 1989, before me personally came RICK DEANS, to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. ~~ `t EXHIBIT A All property •situated in the Southeast 1/4 and the Southeast 1/4 of the Northeast 1/4 of Section 21, and the West 1/2 of the Northwest 1/4 of Section 22; Township 10 South, Range 85 West of the 6th Principal Meridian and located in the County of Pitkin and State of Colorado, (Less conveyances of record) OOUO`L3 EXHIBIT A-1 Improvements made by the Lessor that are intended to be subject to the terms and conditions of this Agreement are as follows: rc1 ~~*"~J 1. Barn with two (2) apartments 2. Tack shed 3. Corrals 4. Chuckwagon grounds sheds and storage building and cabin. ~~~~Z~t ~: • p ~' - ~, ' EXHIBIT B Improvements made by the Lessee that are intended to be subject to the terms and conditions of this Agreement are as follows: 1. Fencing on east side of Maroon Creek 2. Trailer and addition occupied in 1988 by John Sweeney 3. House and improvements occupied in 1988 by Chris Bentley 4. Equipment shed with fire truck heated storage ,- . :.~ Lease Agreement This Lease Agreement is made this 15~ day of January, 2002, between Wyrick G. Deane, of 3129 Maroon Creek Rd., Aspen, Colorado 81611, referred to as Lessor, and Rick Deane Enterprises, Inc., a Colorado corporation, of 3129 Mazoon Creek Rd., Aspen, Pitkin, Colorado 81611, referred to as Lessee. The parties recite and declare that: 1. Lessor is the owner of the horses and equipment more fully set forth on the Attachment to Lease -Equipment (the "Equipment"). 2. Lessee desires to lease the Equipment for the pursuit and furtherance of its business endeavors. In consideration of the mutual covenants set forth below, the parties agree as follows: Section I Subject of Lease 1. The Equipment leased to Lessee shall .include at least 120 snowmobiles of various models and manufacturers. Lessee acknowledges that Lessor may wish to sell certain snowmobiles in the possession of Lessee pursuant to this Lease Agreement. However, Lessor hereby covenants and agrees to give Lessee 24 hours notice of any such sale and to keep at Lessee's disposal as inventory a minimum of 120 snowmobiles. 2. Lessee recognizes that Lessor is in the process of selling the horse rental business, and Lessor hereby covenants and agrees that Lessee shall have use of the horses and related horse equipment until any sale is finalized. In the event Lessor sells the horse rental business, the Rental Rate set forth in Section III shall be adjusted accordingly. 3. The Equipment leased to Lessee shall include 8 snow cats, miscellaneous items, and various items of heavy equipment. Lessee acknowledges that Lessor may wish to sell certain snow cats or other equipment in the possession of Lessee pursuant to this Lease Agreement. However, Lessor hereby covenants and agrees to give Lessee 24 hours notice of any such sale and to keep at Lessee's disposal as inventory a minimum of 3 • OOUJ2~ 5. Rental of the miscellaneous items shall be based on an annual rate of $15,000 and shall be due at the end of Lessee's corporate fiscal year ending October 31, 2001. Lessee shall pay an annual rental to sublease properties leased by Rick Deane at a rate of $20,000.00 per year. Section IV Repairs and Expenses Lessee shall make all repairs on the Equipment, after advising Lessor of the necessity for the repairs. Lessee shall be liable for all personal property taxes, and all other expenses related to the Equipment. Section V Insurance 1. Lessee agrees to purchase general liability insurance providing protection against fire, theft, vandalism, or other damage to the Equipment in favor of Lessor in an amount equal to the insurable value of the Equipment. 2. Lessee further agrees to purchase general liability insurance providing protection against any claims for injury or damage to persons or property caused by or resulting from the use of the Equipment. 3. The coverage of such insurance shall be at least $1,000,000. Section VI Miscellaneous 1. Lessee agrees to indemnify Lessor and hold him harmless from any claims which may arise out of any injury or damage to persons or property resulting from the use of the Equipment leased, whether or not such injury or damage was caused by the negligence of the Lessor. -3- Qo~~~l~ J 2. This lease shall be governed by the laws of the State of Colorado. 3. Lessee agrees to keep in good operation and repair all of the Equipment leased pursuant to this Lease Agreement and to return such Equipment to Lessor at the end of the Rental Period in as good and working condition as when rented, ordinary wear and tear excepted. 4. This Lease Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, executors, and heirs. 5. This Lease Agreement maybe amended in writing only by all of the parties hereto. In witness, the parties have executed this Lease Agreement effective this ls° day of January, 2002. Lessor. ~Pcr~~~ Wyr'ck G. Deane oouaza -4- Lessee: Rick Deane Enterprises, Inc. WyricF G. Deane, President Sublease and Assignment of Lease Agreement This Sublease and Assignment of Lease Agreement is made this 1st day of December, 1989, (Effective Date) between T-Lazy Seven Ranch Corp., a Colorado corporation, 3129 Maroon Creek Rd., Aspen, Colorado 81611, hereafter referred to as Lessor, and Wyrick G. Deane, 3129 Mazoon Creek Rd., Aspen, Colorado 81611, hereafter referred to as Lessee. Lessor and Lessee recite and declare that: 1. Lessor and Lessee entered into a Lease Agreement dated April 12, 1989 (the "Lease'). 2. Lessee desires to sublet the Property and Improvements subject to the. Lease to Rick Deane Enterprises, Inc., a Colorado corporation, 3129 Mazoon Creek Rd., Aspen, Colorado 81611, for the pursuit and furtherance of Rick Deane Enterprises, Ines business endeavors. 3. Lessee further desires to assign anon-exclusive interest in said Lease to Rick Deane Enterprises, Inc., hereinafter referred to as Sublessee/Assignee, for the unexpired portion of the Term, but excluding Lessee's right to exercise the Option to Renew the Lease. 4. The Lease does not prohibit or restrict Lessee from subletting or assigning said Lease to Sublessee/Assignee so long as Lessor gives its written approval. 5. Lessor, Lessee, and Sublessee/Assignee, shall be collectively referred to hereafter as the Parties. In consideration of the mutual covenants set forth below, the Parties agree as follows: Section 1 Prohibition to Sublet or Assign Sublessee/Assignee is prohibited from further assignments, transfers, or subleases of this Sublease and Assignment of Lease without Lessor's written approval. ~0~~~~ Section 2 Obligations and Conditions This Sublease and Assignment of Lease expressly imposes on Sublessee/Assignee all obligations and conditions described in the Lease. Section 3 Term of Sublease and Assignment The Property and Improvements shall be subleased and the Lease assigned to Sublessee/Assignee from the effective date of this Sublease and Assignment through April 11, 2014. Section 4 Option to Renew Sublease and Assignment of Lease If Lessee exercises his Option to Renew said Lease under the provisions of Section 3(a) of the Lease, Lessee shall be permitted, but not obligated to, offer the same Option to Renew to Sublessee/Assignee under the same terms as agreed to by the Parties. Exercise by Sublessee/Assignee of its renewal option (if any) shall be evidenced and effected by Sublessee/Assignee giving written notice to Lessor and Lessee of its election to renew this lease not less than ninety (90) days prior to the expiration of the term. The rental price for the additional five year term shall be negotiated by the Parties at the time the option is exercised. Section 5 Sublease Rental Rates Sublessee/Assignee shall pay the annual rental rate of $10,000.00 per year for the -2- 000030 i subleased Property and Improvements as provided by the terms of the lease. Section 6 Additional Costs and Expenses Lessee and Sublessee/Assignee shall pay Lessor the amount of any additional costs or expenses incurred by Lessor for repairs, maintenance or otherwise as a result of this Sublease and Assignment of Lease. Section 7 No Release of Lessee The consent of Lessor to this Sublease and Assignment shall not relieve Lessee from any of the obligations to be performed by Lessee under the Lease, whether occurring before or after such consent, sublease or assignment. The consent by Lessor to this Sublease and Assignment shall not relieve Lessee from obtaining Lessor's express prior written consent to any other sublease or assignment. The acceptance by Lessor of payment from any other person shall not be deemed to be a waiver by Lessor of any provision of the Lease or to be consent to any sublease or assignment, or to be a release of Lessee from any obligation under this Lease. If the Lease is assigned or transferred or if the Property or any part thereof are sublet or occupied by any person other than Lessee, Lessor may, after default by Lessee, collect the rent from any such assignee, transferee, sublessee or occupant and apply the net amount collected to the rent reserved herein, and no such action by Lessor shall be deemed a consent to such assignment, transfer, sublease or occupancy. Section 8 Assumption of Obligations The Sublessee/Assignee of Lessee shall assume all obligations of Lessee under the Lease and shall be and remain liable jointly and severally with Lessee for the payment of the rent and the performance of all the terms, covenants, conditions and agreements contained in the Lease. Lessor shall have no obligation whatsoever to perform any duty -3- i OI~~JJ31 `' to or respond to any request from any sublessee, it being the obligation of Lessee to administer the terms of its sublease. Seciion 9 Amendment This Sublease and Assignment of Lease Agreement may be amended in writing only by all of the parties hereto. In witness, the parties have executed this Sublease and Assignment of Lease Agreement effective the date first above written. Lessor. Lessee: T-Lazy Seven Ranch Corp. Wy ck G. Deane, President Wyrick G. Deane, Individually Sublessee/Assignee: -4- Rick Deane Enterprises, Inc. lli~~ir~-~~ ~"~~ Wy ck G. Deane, President OO~s~32 c - Legal Description Exhibit B shogld be, excepted out of original legal description contained Yn Exhibit A"and shall-not be"affected by this instrument. ~Gpi,paDS -Exhibit B A PARCEL OP LAND SITUATED 1N THB WEST 1/2I40RTHWffi•P L4 SECT87N Z~ AND SaUTHEASP L4 NO1rPHEASP 7/4 SBCTIDN 21, TOWNS73iP 7D SOUTH. BANGS 85 WEST OF THE 6TH PRD!IC~AL MERIDIAN, PP19rR~1 COUNTY, C~LORADO.71Et4~iGMORB PARTICUTABT.YDESCRIBID AS FOIi13W& iGAT THHNORIEFAST CORNBlZOF SAID WEST LIAIF ~+ TSE NORTHWESP QIIARTER OF Sl~l70N 22; THENCE FOTSDWINGTBBBASP IdNE OP T~ NORTHWEST QIIAR173B OF SECTIDN 22 SOUTH 00 DBC,RFLS 53' 05" EASE 792.29 PEEP TO A POiNT ON TBHNORTHFBLY 7atE OF A TRACT OF LAND DES II~i HOOB:316 AT PAGB 668IN THB P1T9ai COUNTY R~ S; TRENCH FOLLOW3NGTHE NO3ZTID'RI,Y7IPiE OF SAID TRACT 4b.6L6 FBET ALONG T~A7tC OF THH COAVE TO THB RIGHT HAY3NGA RADIIIS OF TD7.OD FEET A CEN172AL ANGLE OP 03 DEGR1~5 46' 43' AND WHOSE CURD 718ARS SOUTB 66 DEGRIBS 40' 3T WEST 46.618 FEET AIANGTHBF.ASlT+RMOST CORNER OF WHAT IS NOW KNOWN AS THE arlr m TN TRACE: THEDiCe FOL7AWII4G SAID NORTHEASTF.BS.Y IINH NORTIi 12 DEGREES 23' 00" WEST 72.79 FEET; TS@((>3 FOLiAW1FiGSAID NOA'rwws_erv?Rr YI.D~ SOUTH 70 DBGBEES 30' 00• WEST 67.0[1 DEBT; T1~TCE LSIiIAWDJG SAID NOBTBBASiI'aBI.Y IIl~NOBTH 68 DF.GBFFS 39' 00'WESP168.00 FEET; THtfi1t2:POIdAWINGSAIDN08THF.ASfFS3.YIII~IDNOHTH52 DEGR>~S 48' OD" WESP x.87 FEET TO THE NOBTBERNMDSP CORNER OP SAID 3IUS8LSY TRACT; TH@1CE POIS.OV7H4G THH NOBTHWPSTE[G Y I~ OP SAID im-p* av TRACT SOUTH DEGRI~PS L' 00• WEST 179.39 PEEL TO THENORTHEASP C1}R2H+80F PARCEL, ONE OP TSE T IJSZY 7 RANGE SOIIDIVLSiON; THENCE FdISAWII4GTB8NORTHERLY AMID WES773RLY 7~S OF SAID PARCEL ONE THE FOLLOWDiG CODRSBS AND DLSTANCES: WffiT 87.86 FEET, SOUTH 666.00 FEET, SOUTH 6fi DECKERS ~' 26' WESP 7374.50 FEET, AND SOITPH 366.00 FEED; THENCE DEPARTIlQCrTSH WESPHRI,Y I1NE OFSAID PARCEL, ONH WEST 128.83 7?EE'P TO THE B~CPiDN WITH THH WEST I~ OF TBB SOUTBFI4.SP QUARTHR OF THH NOg~s rr QTJARTFB DF SAID SECTIDN 31; THENCE FOLLOWIIYG SAID WEST LII~ NORTH 00 DHGREES50'ITW1ST470.~51?Fgf;T>3>~iCE FOLIAWII~TGTffi:NORTHIIl9EOFSAID ~LiTHFASL' QIIARYZR OF THE NORTHSASP Qiuu~ NORTH ~ DEGB7~+S dl' 43' 3~ 1339.69 IJEET TO THE WEST I.IIYE OF THE WESP HALF OF 1HH NORTHWEST Q17ARTER OF SAID S39:TION 22; THENC8 POLIAWIlVG SAID WffiT I1NE NORTH Ol DHGREES 41. 1T WEST 7323.04 PEEP: THPNE+FOLIAWINGTSB NORTHI1i4E OF SAID WBST HALE OF TSE NORTHWESP QUARTER NQILTH 89 DHGREES 47' 43.7?ASP 16.48 7?HE~l 1'O THH POINT OF BEfa'8~1f1DdG CDUWPY OF Pffi@T,STATE OF COLOBAI)O. ~II~IIII~IIIIIIIIIIII 530954 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII OOUNTY CO R 0:00 11910 0 00 00 3.45 JPNICE K VOS OP . a~ OOt~033 F_ • C ~: F`" ~'XWi 61 T Ar tEGAI DESCAIPIIGN PARC'iL By 1~Ali BYDTOWNSHIPr10 SOUT~RA GE SSEWEST OF TIiS dTH1PRlNCIPAL l~ OP SECTION MERiD1A14. p[[,~TIL4G PROM SHE ABOVE PARCL THE FOLLOWING: A PARCfiI. DESCRIBID M P/AAHANfY DEED REGARDED NNE 21, [473 IN BOOK 277 AT PAGE 11& A PORTION DESCAIDED OV DEED RECORDED MAY 4, 1962 IN HOOK l97 AT PAGE }1d A PARCEL DESCRDlFD II'1 DEFJAS RECORDED MAY 26. 1954 IN BOOK 172 AT PAGE 319 AND iN SCOK 181 AT PAGE 87 A PARCEL. DFSCRDIED 1N DEr~ RECORDED )UNE I5, 195OIN BOOK 172 AT PAGE 150 AND R~pADED IDLY 1~, i951 IN BOOK 17Z AT PAGE 187 A PARCEL DESCRIBED CV QUIT CLAID~t DEED RBCORDED APRIL. S, 1481 IN HOOK 46d AT PAGE 7~ ALSO EXC~"IL`rG THEREFROM MAROON CStLEK ROAD CDLINTY OF PITIOrt, STATE OF COLORADO VIII VIII IIIIII IIII IIIIII VIII IIIIII III VIII IIII IIII 5 9 @9006 03:45 JRNICE K VOS CPUOILL PITKIN COUNTY CO R 0.00 D 0.00 ''m'I~'I{I I{INI I 1 I fI I(I 11 530722 II~,IIII~III IO II~~~~ i~IIIII~III~~II/~~~IIIII~~~III III 0 11g06/D20000 2.0B ]pNICE K ~_, e ,~-.: ~J p0~-034 E,< ,c , T-LAZY-SEVEN RANCH CORPORATION - LEGAL DESCRIPTION MAROON CREEK THE SE1/4 AND THE SE1/4NE'1/4 OF.SECTION 21, AND~THE W1/2NW1/4 OF SECTION 22, TOWNSHIP 10 SOUTH,.. RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN. EXCEPTING THEREFROM, THOSE TRACTS OF LAND PREVIOUSLY CONVEYED IN DEEDS RECORDED AS FOLLOWS: RECORDED APRIL 18, 1901 IN BOOK 116 AT PAGE 384 RECORDED JANUARY 15, 1934 IN BOOK 157 'AT PAGE 375 RECORDED JUNE 15, 1950 IN BOOK 172 AT PAGE 150 RECORDED JULY 14, 1951 IN BOOK 172 AT PAGE 187 RECORDED MAY 26, 1954 IN BOOK 181 AT PAGE 87 RECORDED MAY 26, 1954 IN BOOK 172 AT PAGE 319 RECORDED APRIL 15, 1957 IN BOOK T81 AT PAGE 184 RECORDED DECEMBER 9, 1964 IN BOOK 210 AT PAGE 350 RECORDED APRIL 7, RECORDED JUNE 21, RECORDED APRIL 9, RECORDED NOVEMBER RECORDED NOVEMBER RECORDED APRIL 5, 1971 IN BOOK 254 AT 1973 IN BOOK 277 AT 1982 IN BOOK 424 AT 4, 1983 IN BOOK 454 4, 1983 IN BOOK 454 1984 TN BOOK 464 AT PAGE 536 PAGE 118 PAGE 899 AT PAGE 977 AT PAGE 981 PAGE 226 COUNTY OF PITKIN, STATE OF COLORADO `:; Adjacent Property Owners To the T-Lazy-7 Parcel 11-09 James & Katherine Bulkley P.O. Box 1205 Aspen, CO 81612 JM Skyways Inc. PO Box 1268 Aspen, CO 81612 Roaring Fork Land and Cattle Co. Inc. Attn: Ronald Wray 71 S. Wacker Suite 4600 Chicago, IL 60606 U.S. Forest Service Aspen Ranger District 806 W. Hallam Aspen, CO 81611 Willow Creek Forty LLLP & Wyrick Properties LLC 3129 Mazoon Creek Road Aspen, CO 81611 Bruce E Cazlson 2767 Mazoon Creek Rd. Aspen, CO 81611 Stanley A & Judith R Hoflberger PO Box 12394 Aspen, CO 81612 Aspen Residence Trust C/O Willcox Lynn Braitman Trustee 3024 Aliso Canyon Rd. Santa Paula, CA 93060-9739 Celestial Land CO LTD C/O Fognani & Faught PLLC 1700 Lincoln St. # 2222 Denver, CO 80203 OOL'036 ~DC- ~ O ~ .p o~ . ~~~~ ~, . ~.© ~~ `- .. ~~ ~h fq ~ ~F .~ O u `~h C ~h b ~ 4O Q C ~ Q Q O Q a v E^ o _ - c E ~' O~~,J37 T TAr7V "l ~• M t 0 ~ Ga4b~ ~ ~-~ ~~~ ~ &~-~ ~ ~~ ~ ~ y ~~~ ~~ m ~ Z = (~ ~ _ ~ C ~ ~ C Z ~ ~i- fTt m ~ f ro ~ m ~ o A N O D O A N c ~ m N Zj Ng~ O< C ~ o o N Z .. ~ p °Da ~ < z ~ ~ 0 m m { - ~1 O _ A ~ Z N C7 F, ~ r ~ , '~ ~ i_ a y '' `~ ~ ~ ~ 7 "' `~ ;" ~ } ~. ~` 1f ~ r ~.- ~~s4,it -~ t~~ ~ ~, ~ .~~ Y.~ 4q to `X9 w ~ J ti A j '.;.. ~ ~`~ "4 `'- ~' a 't £TP `A^M! `u ` 7 ~k y O Y. ~ ~ ~- ~ ~.: ~- ` ~ ~ s y r N ~C C z z n x [Irw/Iaru Nnrrgnru-~..-r.wc'sne mn re ^Q Q ~ ~/ Z m ~~ r' c.~ ~Op3 W D ~A~Z ~ O j Z O N n r, ~ O . _ c o .m 9p w O eO~ ~O V < Z e ~ O m A nn~c~-(n ~mv"`1i mC) °t~°of3 ~WO ~o NC {} n N O£ p_Ni~ ems ntym ~. Sng gom.Zl a ~~yoNO .S ~ •o O ~'~~nn0 41N DNQ O NmOm~Z uN°- 3 UiVUO I~1 N A_ j m m ~ °~ o .T o ~ 'iY o O ~ r ~ '~ ~ ° N a ~ ,~b ~ ° < ~De .~ r. _ o o `~ O g O 00 O o o o _.._;,.. o 0 0 0; 0 0 0o i o Ar o o ! o o O L" r'~ ~ oo \/ t(j Q b .~ ~ ~ __,. _.W._.~ _____.r r___~ z ° ~ ~. d $ rw O L ~ ° °°e. i~i O _+ .y- O O i ''. p 000 ~ / `--L } y ~ i s ~ .~ .~ .4 ~ ,,. i '~ ~ ~ e 0~~ e ~ ~ o S O ~ ~. ~.__ ..._.:..._ . r PUBLIC NOTICE RE: T Lazy 7 Special Review for a Commercial Snow Storage Area (CASE# P120-09) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, January 13, 2009 at a regular meeting to begin at 12:00 PM or as soon thereafrer as the conduct of business allows, before the Boazd of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Rick and Landon Deane of the T Lazy 7 Ranch Corporation (3129 Maroon Creek Road Aspen, CO 81611) for a commercial snow storage operation. The property is located at 3125 Maroon Creek Road and is legally described as a parcel of land in Section 22, Township 10 South, Range 85 West of the 6a' P.M. The State Pazcel Identifications for this property aze 2737-214-00-006. The application/resolution aze available for public inspection in the Community Development Department, City Ha11, 130 S. Galena St., Aspen CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. Jeanette Jones, Deputy County Clerk Boazd of County Commissioners Published in the Aspen Times Weekly on December 13, 2009. Attention ApplicantBepresentative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posfing & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sigu ou the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign withiu oue week after hearing date PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 8]61 I (970) 920-5526 FAX # (970) 920-5439 November 23, 2009 Landon Deane 3129 Maroon Creek Road Aspen, CO 81611 TIazY7(a~rof.net Re: T Lazy 7 Ranch 2009 Special Review for Commercial Snow Dump (PID 2735-214-00-006; Case P120-09) Deaz Ms. Deane: 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. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, January 13, 2010 at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at (east 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482 Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) QOU~O1 P1TI{IN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Maroon Creek Ranch Homeowners Association Maroon/Castle Creek Caucus Mazcella Larsen FROM: Mike Kraemer, Community Development Department Michael.kraemer(w co.pitkin.co.us RE: T Lazy 7 Ranch 2009 Special Review for Commercial Snow Dump (CASE P120-09; PID 2735-214-00-006) DATE: November 23, 2009 Attached for your review are materials for an application submitted by Willow Creek Forty LLP and Wyrick Properties LLC. The Board of County Commissioners will review the application on Wednesday, January 13 2010. Please return your comments to me by Friday, January O1, 2010. http~//www as~enpitkin tom/Portals/0/dots/county/Corn%20Dey/Plannin /g Land Use Applications/ P120 09 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waecht]er(o)co.pitkin.co.us or 920-5109. Thank you. MARCELLA LARSEN 1969 Maroon Creek Road Aspen, CO 81611 marcellalarsen@mac.com January 12, ZO10 Mike Kraemer Pitkin County Community Development Re: T Lazy 7 Snow Dumping/Trucking Operation Dear Mike: Unfortunately, I will not have time to substantively comment on T Lazy 7's desire to truck and dump snow along Maroon Creek Road as I am out of town and have been for quite some time. I do, however, have a couple of concerns that I wanted to highlight: • The Nature of the Operation As 1 understand it, this proposal seeks to truck snow from the urban area and dump it into the rural area along the scenic-designated Maroon Creek Road. This is a commercial trucking and dumping operation-it is not an agricultural use. Moreover, this is a new use (previously approved through a temporary use permit and established only in the last several years). There is no maximum limit to the number of truckloads of snow to be dumped, and it is estimated there were previously up to 2000 dump loads one year-in other words 4000 trips over mostly a three month period (i.e., 44 trips a day). Even at half that rate, the impact to upper Maroon Creek Road and the "rural area" is significant. • Notice/Community Feedback While I understand that there has been technical compliance with the notice requirements of the land use code by notifying the neighbors within 300' of the property, the reality is that the trucking portion of the proposed operation will impact everyone along Maroon Creek Road. To highlight the problem, the Maroon Creek Caucus was only notified of this application a few days ago and, to my O~ Z January 12, 2010 Page Two knowledge, most of the homeowners beyond Highlands had no idea that commercial trucking was even possible along Maroon Creek Road. • Maroon/Castle Creek Master Plan and Consistency with Zone District While the staff memo states that this use is not called out as specifically prohibited by the applicable master plan, the Maroon/Castle Creek Master Plan explicitly states that there should be no additional commercial uses in the rural area. The AR-10 zone district also does not support a commercial trucking operation, its intent "to accommodate small scale agricultural activities and large-lot residential development that maintains the rural character and appearance of the land." Again, it is of some concern that the caucus and neighbors do not seem to know about this application. • Referral Agencies Finally, while this proposal involves heavy trucks with significant emissions along a road that is closed to vehicular traffic because of its proximity to Maroon Bells, to my knowledge neither Environmental Health nor Road and Bridge have evaluated the road or environmental impacts of the proposed trucking/dumping. While it is represented that there will be no water pollution due to the proposal (an unknown, in my mind], the air quality impacts of high emission vehicles are entirely unaddressed. Additionally, at a time when funds are scarce for road maintenance and heavy trucks exact most of the impacts to the roads, one would expect that there might be some analysis whether it is in the public interest to essentially subsidize a commercial operation that involves trucking snow from the urban areas into the rural areas of the county. In sum, please forward the comments above to the BOCC. At a minimum, if this use is approved, it should only be for this season with re-application required next year to allow a more studied review of the appropriateness of this activity. As always, thank you for your consideration, Marcella Larsen z PITKIN C~,..,JNTY COMMUNITY DEVELC.,,~VIENT Permit Receipt RECEIPT NUMBER 00028581 Name: RICK DEANE ENTERPRISES, INC Date:11/13/2009 Project Address: 3129 MAROON CREEK RD Type: check # 14786 Permit Number Fee Description 0120.2009.PLAN PP- Flat Fee 0120.2009.PLAN PP-Clerk Fee 0120.2009.PLAN PP- Clerk Tech Fee 0120.2009.PLAN PP- Public Notice Fee Total: Amount 998.00 130.00 25.00 54.00 1, 207.00 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER ,,,