HomeMy WebLinkAboutpitkin.planning.264511101001 (4)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)
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Parcel ID: 2645-11-1-01-001 Application Date: 11/12/09
Description: 1999 RS International Trust Minor Amendment to a Development Permit
Project Address: 3500 SNOWMASS CREEK RD, SNOWMASS, CO 81654
Property Owner: 1999 RS INTERNATIONAL Address: 32 BLUE HERON
TRUST IRVINE, CA 92606
Owner's REP: GLENN HORN Address: 215 S MONARCH ST, 104
ASPEN, CO 81611
REP's Email: ghorn@sopris.net
Referrals: CDOW Other Referrals:
Comments Due Date: 01/08/2009
Case No: P118-0!
Planner: Mike Kraemer
# Copies: 2
Allocated Hours: 3
Over Hours: 3.6
Owner Phone:
REP's Phone: (970) 925-6587
Meetings: 1st Meeting: 2nd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
3rd Meeting:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 036-2010 #571755
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: no vesting
Application Type: Minor Amendment to a Development Permit
RECEPTION#; 57"1755, 07101/2010 at
08:55;39 AM,
1 C5F 2, R $0.00 Dac Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DETERD'IINATION OF THE COI•IMU1VITy DEVELOPMENT DIItECTOR
OF PITIIONN COUNTY, COLORADO, GRANTING 1999 RS INTERNATIONAL TRUST
APPROVAL FOR A MINOR AMENDMENT TO A DEVELOPMENT PERMIT
Administrative Decision No~-2010
RECITALS
1. 1999 RS International Trust (hereafter referred to as "Applicant") has applied to the Community
Development Director of Pitkin County ("Director") for a minor amendment to a development
permit to construct wildlife friendly perimeter fencing.
2. The Lot is located off Snowmass Creek Road at the intersection of Watson Divide Road: 3500
Snowmass Creek Road. The lot is legally described as Lot 1 of the BOCC approved Lind Koppel
Subdivision. PID # 2645-111-01-001.
3. The Lot is zoned RS-30 and contains approximately 75 acres.
4. The Lot is subject to a subdivision conceptual submission and 1041 Hazard Review approved
pursuant to BOCC Resolution 89-74 (Book 599 Page 31, Rec. No. 313955). The fmal subdivision
plat and requirement for a deed restricted Employee Dwelling Unit (EDU) was approved pursuant to
BOCC Resolution 89-128 recorded in Book 613 at Page 432 (Rec. No. 319792). Such fmal
subdivision plat was recorded in Plat Book 24 at Page 11. The requirement for a deed restricted
EDU was subsequently eliminated and the Applicant has paid an in-lieu affordable housing
mitigation fee. Approval for a major plat amendment for an access realignment and expansion of a
previously approved building envelope was recorded as BOCC Resolution 97-166 (Rec. No.
412813). This Resolution re-established the residential building envelope in the southeastern portion
of the subject parcel. The amended plat for the Lot was recorded in Plat Book 76 at Page 33.
Pursuant to BOCC Resolution 98-98 (Rec. No. 417806), the applicant gained approval to demolish
an existing EDU and reconstruct a new unit to live in while they constructed their main residence. In
2002, the applicant successfully competed in the Planning and Zoning Commission Rural GMQS
competition for additional floor area. The applicant was allotted an additional 5,500 square feet of
floor area pursuant to BOCC Resolution 081-2002 (Rec. No. 468085). Commitments made in the
GMQS application were recorded in covenant form under Reception No. 519366. The parcel then
received 1041 Hazard Review and Special Review for a CDU approval pursuant to Hearing Officer
Determination No. 08-2006 (Rec. No. 521850). The 1041 Hazard Review site plan was not recorded
for that approval. An error existed in Hearing Officer Determination No. 08-2006 regarding vesting
dates for property rights. Staff correctly amended this Determination through Administrative
Decision No. 01-2009 to reflect a vesting date that expired on February 28, 2009. Most recently, the
parcel received Site Plan approval pursuant to Hearing Officer Determination No. 2-2009 (Rec. No.
556325). The approved site plans were recorded in Plat Book 90 at Pages 42, 43, and 44, and a
Second Amended Plat for the Lot was recorded in Plat Book 90 at Page 40. Most recently, the
Applicant has attained a 5 year extension of vested rights for this property. This BOCC Resolution is
being recorded.
5. Two previous documents address certain fencing requirements for the Lot. Sections 2.11.3.7,
2.11.4.1, and 2.12.5.4(b) of the GMQS Protective Covenants for the Lind Koppel Subdivision
(Reception Number 519366) are proposed to be rescinded and replaced using Section 7-20-
70(c)(3), (4), and (5) of the Land Use Code. Item #4 of the Subdivision Improvements
Page I of 2
Agreement (SIA) for the Lind Koppel Subdivision (Recorded at Bk 617 Pg 978) is proposed to be
rescinded and replaced using Section 7-20-70(c)(3), (4), and (5) of the Land Use Code.
6. The Colorado Division of Wildlife has commented on the application and approved the request
subject to the general wildlife standards for fencing in the Land Use Code.
7. The Director fmds that the Applicant has addressed Section 2-20-150(b) of the Code and has shown
compliance with these standards.
APPROVED by the Director, subject to the following conditions:
The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. Sections 2.11.3.7, 2.11.4.1, and 2.12.5.4(b) of the GMQS Protective Covenants for the Lind
Koppel Subdivision (Reception Number 519366) shall be rescinded and replaced using Section 7-
20-70(c)(3), (4), and (5) of the Land Use Code.
3. Item #4 of the Subdivision Improvements Agreement (SIA) for the Lind Koppel Subdivision
(Recorded at Bk 617 Pg 978) shall be rescinded and replaced using Section 7-20-70(c)(3), (4), and
(5) of the Land Use Code
4. 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.
APPROVED by the Director, this ~3~lday ofd, 2010.
~~ ~~
mdy Houben
Community Development Director
PID# 2645-111-01-001
P118-09
Page 2 of 2
Davis Horn~-
PLANNING & REAL ESTATE CONSULTING
November 6, 2009
Mike Kraemer
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Lind Koppel Subdivision Lot 1 Minor Amendment to a Development Permit
(PID # 2645 111 Ol 001)
Dear Mike:
1999 RS International Trust (applicant) is the owner of Lot 1, Lind Koppel Subdivision
located at 3500 Snowmass Creek Road. The applicant is represented by Davis Horn
Incorporated in this land use application. The 75 +/- acre property is located neaz the
base of Watson Divide and is zoned RS-30. Refer to Attachment 1, a Vicinity Map
The applicant is seeking a Minor Amendment to a Development Permit in order to install
fencing which is in compliance with the Pitkin County regulations. Section 7-20-70.C
(3), (4) and (5) of the Land Use Code regulates the type of fencing allowed in Wildlife
Hazard Areas. The specifications for fencing allowed have changed since the time of the
approvals for the subject property. The new fencing proposed will be in compliance with
current regulations. Two approval documents governing the subject property, the 1989
Subdivision Improvement Agreement (SIA) and the 2005 Protective Covenants for the
GMQS Allotment for additional floor area both address fencing in the conditions of
approval. Please refer to Attachment 2 for the Protective Covenants and Attachment 3
for the SIA. This Amendment to a Minor Development Permit is requested to amend the
SIA and the Protective Covenants so the conditions of approval are consistent with the
fencing requirements now found in the Code.
The application is divided in the following sections:
1. Background;
2. Existing Conditions;
3. Project Description; and
4. Land Use Approvals.
BACKGROUND
Lot 1 Lind Koppel Subdivision was originally created as part of a Low Impact
Subdivision. The Subdivision Improvement Agreement (SIA) established as part of this
ALICE DAVIS AICP S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, CCILORADO 81611 • 970/925-6587 • FAX: 970/925.5180
adavisC~rof.net shorn®roF.net
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subdivision approval is found in Attachment 3. There have been subsequent land use
applications which amended the original approval and a residential Growth Management
Quota System (GMQS) approval which entitled the Lot to be developed with 11,250
squaze feet of floor area. Attachment 2, "Protective Covenants in Association with the
Pitkin County 2002 Rural Area Residential Growth Management System Allotment
Awarded to Lot 1, Lind-Koppel Subdivision" ("Covenants", Reception # 519366)
summarize the conditions affecting site development.
Subsequent to the recordation of the Covenants in December of 2005, a prior owner of
the property, Stephi Holdings LLC, obtained 1041 Hazard Review, Conceptual
Submission, Scenic Overlay Review, Special Review for a Caretaker Dwelling Unit and
Vested Property Rights. The approvals are documented in Determination No. 08-2006
found in Attachment 4. The County staff determined that 11,250 square feet of
residential floor area may be developed on the property if a complete building permit
application is submitted prior to the expiration of Vested Property Rights in 2009. A
complete building permit application has been submitted.
Determination No. 08-2006 also granted approval for a CDU to be developed in a
"western extension of the existing residential building envelope or in the previously
disturbed area for the EDU." The prior owner never recorded a Site Plan depicting the
western extension of the building envelope. Consequently, as agreed upon with the
County, the applicant has agreed to develop the CDU in the existing approved building
envelope which is depicted on the First Amended Plat of the Lind Koppel Subdivision
(see Attachment 5, Book 76, Page 33). There is a Vested Property Right to build the
CDU and the single family residence in the existing approved building envelope. These
proposed structures aze not subject to Scenic View Protection Review pursuant to the
current Land Use Code.
Section 2.13 of the Protective Covenants in Attachment 2 requires the owner of the Lot to
acquire a two bedroom or larger free mazket residential unit located in Pitkin County and
convert the unit to a Category 4 deed restricted sale housing unit prior to the issuance of a
building permit for the construction of a free market unit on the property. This condition
was satisfied by the prior owner of the property through a cash payment of $ 284,445.00
made to Pitkin County on July 31, 2007. This cash payment was in lieu of providing the
affordable housing unit (See Attachment 6).
Condition #1 in Determination No. 08-2006 (Attachment 3) requires that the applicant
comply with the following land use approvals in addition to the covenants. These
documents appear in this land use application as Attachments 7 and 8.
Attachment 7: Resolution No. 97-166 of the Board of County Commissioners
of Pitkin County, Colorado Granting Approval of a Major Plat
Amendment to Lot 1, Lind-Koppel Subdivision for the Purpose of
Expanding the Building Envelope and Re-aligning the Driveway
2
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Attachment 8: Resolution 89-74 of the Board of County Commissioners of
Pitkin County, Colorado Granting General Submission and 1041
Hazard Review Approval of the Lind/Koppel Low Impact
Subdivision
Attachment 9, Hearing Officer Determination No. 02-2009 approving the Creekside
Site Plan Review, Minor Amendment to a Development Permit and a Subdivision
Exemption for a Minor Plat Amendment for the subject property is the latest land use
approval. Condition #6 of this Determination indicates that previous land use approvals
still apply to the site except as indicated in the Determination.
PROPOSED MINOR AMENDMENT TO A DEVELOPMENT PERMIT
Of the several approvals pertaining to the subject property discussed in the Background
section above, the SIA resulting from the Low Impact Subdivision and the Protective
Covenants from the Growth Management Quota System (GMQS) allotment for
additional floor area are the two documents which address fencing. This Amendment to
a Minor Development Permit is requested to amend the SIA and the Protective Covenants
so the conditions of approval in these documents pertaining to fencing are consistent
with the fencing requirements now found in the Code.
Section 7-20-70.C (3), (4) and (5) of the Land Use Code regulates the type of fencing
allowed in Wildlife Habitat Areas. For information purposes, these are given below.
Section 7-20-70.C:
3. Mesh or woven wire fences are prohibited outside the Activity Envelope.
4. Wood rail fencing shall employ three (3) rails or less, be the round or split rail
type, shall not exceed fifty-four (54) inches in height above ground level, and twelve
(12) inches in width (top view) and shall have at least eighteen (18) inches between
the lower two (2) rails.
5. Wire fencing must be three (3) strands or less. The top wire should be a 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 of
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.
Attachment 2, the "Protective Covenants In Association with the Pitkin County 2002
Rural Area Residential Growth Management System Allotment Awarded to Lot 1, Lind-
Koppel Subdivision" ("Covenants", Reception # 519366) summarize the conditions
affecting site development. The pertinent sections addressing fencing are stated below.
apct0'~3
Section 2.11.3.'7 of the Covenants reads as follows:
"The Owner shall remove any existing fencing that endangers wildlife, and to
the extent that the Owner elects to replace such removed fencing, Owner
shall replace it with fencing that is consistent with the recommendations of
the County Wildlife Biologist and Colorado Division of Wildlife."
Section 2.11.4 Reduction of Human Influence. The owner shall take the following
measures to reduce human influence on the property:
2.11.4.1 Wire fencing in the property shall be limited to 42 inches in height,
shall have no more than four strands of wires, and shall provide for
a 12 inch kick space between the top two strands of wire. Wood rail
fencing on the Property shall be limited to 42 inches in height, shall
have no more than three rails, shall provide For 18 inches between
the top two rails, and shall be no more than 12 inches in width, when
viewed from above. All fencing shall be smooth wire or rail, or shall
be other fencing that complies with the recommendations of the
Colorado Division of Wildlife or Pitkin County Wildlife Biologist.
The Owner shall remove existing fencing that does not meet these
standards.
2.11.4.2 Construction fencing is prohibited outside of any building envelope
on the Property.
Section 2.12.5.4 Wildlife and Wildlife Habitat Protection.
The Owner shall implement a program on the Property for the enhancement of
riparian habitat as described as described in the letter of Andrew Antipas dated
January 11, 2002 and attached as Appendix 10 to the GMQS Application. This
letter provides for the following commitments:
(a) If possible the Owner will remove as much of the existing perimeter
fencing on the Property as is possible.
(b) Wire fencing in the Property shall be limited to 42 inches in height, shall
have no more than four strands of wire, and shall provide fora 12 inch
kick space between the top two strands of wire. Wood rail fencing on the
Property shall be limited to 42 inches in height, shall have no more than
three rails, shall provide for 18 inches between the top two rails, and shall
be no more than 12 inches in width, when viewed from above. All fencing
shall be smooth wire or rails, or shall be other fencing that complies with
the recommendations of the Colorado Division of Wildlife or Pitkin
county wildlife Biologist. The Owner shall remove existing fencing that
does not meet these standards.
The applicant has had the Colorado Wildlife Biologist, Kevin Wright, approve the
fencing proposed for the subject property. Please refer to the email from Kevin Wright.
Wright found in Attachment 10. Wright indicates that the proposed fencing is consistent
with the regulations in the Land Use Code and does not endanger wildlife. The specifics
4
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regarding fence height, the number of strands of wire and the distance between wire and
rail have been changed since land use approvals were obtained on the subject property.
The proposed amendment will make these Covenants consistent with the current Code
language and the Pitkin County Land Use Code.
The proposed amendment will eliminate the language in Sections 2.11.4.1 and Section
2.12.5.4(6) of the Protective Covenants as written above and will be replaced with the
following language taken from the current Code. The other sections regarding fencing in
the Protective Covenants stated above are general in their content and do not need
amendment to be consistent with the Code. The proposed language is in italics.
Section 2.11.4.1
Mesh or woven wire fences are prohibited outside the Activity Envelope
Wood rail fencing shall employ three (3) rails or less, be the round or split rail type,
shall not exceed fifty four (54) inches in height above ground level, and twelve (12)
inches in width (top view) and shall have at least eighteen (18) inches between the
lower two (2) rails.
Wire fencing must be three (3) strands or less. The top wire should be a twelve- polnt-
five (12.5) gauge twisted barbless type at a maximum height offorty-two (42) inches.
The middle strands (which may be barbed) should be located a minimum of 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.
and
Section 2.12..5.4(6)
Wire fencing must be three (3) strands or less. The top wire should be a 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 of 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.
The Subdivision Improvement Agreement (SIA) in Attachment 3 established the
conditions of approval for the 1989 subdivision which created the subject property. Item
4 in the SIA reads as follows:
4. Fencing. All new fencing shall be 42" high, (3) stands smooth wire or split
rail."
The language in Item 4 is proposed to be eliminated and the following language added
(proposed language is in italics):
,~V~)V~J
4. Fencing.
a) Mesh or woven wire fences are prohibited outside the Activity Envelope.
b) Wood rai[fencing shall employ three (3) rails or less, be the round or split rail
type, shall not exceed ftfty four (54) inches in height above ground level, and
twelve (I2) inches in width (top view) and shall have at least eighteen (18)
inches between the lower two (2) rails.
c) Wire fencing must be three (3) strands or less. The top wire should be a twelve-
paint-five (12.5) gauge twisted barb[ess type at a maximum height of forty-two
(42) inches. The middle strands (which may be barbed) should be located a
minimum of twelve (I2) 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.
In summary, the current request is to amend the Subdivision Improvement Agreement
and the Protective Covenants which pertain to the subject property so that the conditions
regarding fencing found in these documents will be consistent with the current Land Use
Code. The new, proposed language proposed is shown in italics above.
EXISTING CONDITIONS
The site contains approximately 75 +/- acres and is located in the RS-30 zone district.
The Lot is improved with a driveway accessing the main building envelope and an old
shelter used for hay storage located in the accessory building envelope. The property has
and is being used for commercial agricultural purposes. Hay is produced annually and the
land is being leased for livestock grazing.
LAND USE APPROVALS
This section of the land use application demonstrates compliance with the standazds in
Section 2-20-150Qb) of the Code, Minor Amendment to a Development Permit as
identified in the Pitkin County Pre-Application Conference Summary Sheet found in
Attachment 10.
Minor Amendment to a Development Permit
Section 2-20-150.b
This section of the application demonstrates compliance with the standards for a Minor
Amendment to a Development Permit. Standards appeaz in bold followed by the
applicant's responses.
(a) Minor Amendments Defined
A minor amendment to any development application or permit is one that meets the
following criteria, as determined by the Community Development Director:
6
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(1) Is consistent with action(s) taken during previous development approvals for the
property; and
As noted in the preceding sections of the land use application, the proposed amendments
are relatively minor. The amendments seek to amend one section in the SIA and one
section in the Protective Covenants, each of which pertain to fencing. The amendments
will make the specified fencing requirements consistent with current regulations
regarding fencing in the Pitkin County Code. The new requirements are more explicit
and the amendments will make the previous approvals consistent with the current Code.
(2) Does not change the use of the proposed development between residential, c
commercial and tourist accommodation uses; and
The primazy use of the property is residential and agricultural. The use will not change.
(3) Does not change the basic character of the approved use of land on which the
activity occurs, including basic visual appearance and method of operation; and
There will not be a significant change in the chazacter or visual appearance of the
property. The fencing will comply with the Code and with the drawings found in
Attachment 9.
(4) Does not constitute a new land development activity; and
The primary land use activity approved for the site will not change as a result of the
amendment application.
(5) Does Not Increase ON-Site Impacts In The Surrounding Neighborhood; And
The proposed amendment will not have any impact on the surrounding neighborhood.
(6) Does not endanger the public health, safety or welfare; and
The proposed amendment will not affect the public health safety and welfare.
(7) Does not violate any Land Use Code standard; and
The proposed amendment does not violate any Land Use Code standazd. It creates
consistency with existing Code language.
(8) Does not substantially increase the need for on-site parking or utilities, or affect
affordable housing generation; and
There will not be any increase in on-site pazking resulting from the proposed
amendments to the SIA and Protection Covenants. The demand for affordable housing
will not be increased.
(9) Does not increase the floor area of the use by more than five (5) percent or
decrease the open space on the site by more than five (5) percent.
Floor area will not be affected by the amendment.
Summary
This land use application requests approval for a Minor Amendment to a Development
Permit in order to install fencing on the subject property which is consistent with the
current Pitkin County Code regulations regarding fencing as well as being consistent with
the Subdivision Improvement Agreement (SIA) and the Protective Covenants governing
7
OUu0~7
the subject property. The fencing requirements in the Code are more explicit and detailed
than when the subject property obtained land use approvals. Minor amendments to the
SIA and Protective Covenants will make the requirements in these documents consistent
with the Code. Therefore, the construction of the new fencing proposed will be in
compliance with these documents as well as in compliance with the new regulations of
the Pitkin County Land Use Code.
Kevin Wright has reviewed and approved the fencing proposed (Attachment 10) and has
found the fencing to be consistent with the Land Use Code. The intent of both the Code
and the approval documents is to not allow fencing which endangers wildlife and to allow
fencing which is consistent with the recommendations of the County Wildlife Biologist
and Colorado Division of Wildlife. The proposed fencing has been found to be
consistent with the County regulations and has been approved by Kevin Wright, State
Wildlife Biologist. There is no County Wildlife Biologist at this time.
The applicant has demonstrated compliances with the Land Use Code standard identified
in the Pre-Application Conference Summary Sheet in Attachment 10, Section 2-20-150
and therefore requests approval for this Minor Amendment to a Development Permit.
The following is a list of attachments which are included with this land use application
Vicinity Map
2. Protective Covenants In Association with the Pitkin County 2002 Rural Area
Residential Growth Management System Allotment Awarded to Lot 1, Lind-
Koppel Subdivision (reception # 519366);
3. Lind Koppel Subdivision: Subdivision Improvement Agreement (SIA);
4. Determination of the Hearing Officer No 08-2006 of the Community
Development Department of Pitkin County, Colorado Approving the Stephi
Holdings LLC 1041 Hazard Review, Conceptual Submission, Scenic Overlay
Review, and Special Review for a CDU;
5. First Amended Plat of the Lind-Koppel Subdivision (Book 76, Page 33)
6. July 23, 2007 letter to Lance Clarke AICP from Glenn Horn AICP
7. Resolution No. 97-166 of the Board of County Commissioners of Pitkin County,
Colorado Granting Approval of a Major Plat Amendment to Lot 1, Lind-Koppel
Subdivision for the Purpose of Expanding the Building Envelope and Re-aligning
the Driveway
8. Resolution 89-74 of the Board of County Commissioners of Pitkin County,
Colorado Granting General Submission and 1041 Hazard Review Approval of the
Lind/Koppel Low Impact Subdivision
oo~~o~s
9. Hearing Officer Determination No. 02-2009 Approving the Creekside Site Plan
Review, a Minor Amendment to a Development Permit and a Subdivision
Exemption for a Minor Plat Amendment;
10. Kevin Wright, Colorado State Wildlife Biologist -Email to and from Kevin
Wright regarding the protection of wildlife and fencing on the subject property;
11. Pre-application Conference Summary Sheet
12. Creekside at Old Snowmass -Overall Site Plan, Site Plan with Topography, Site
and Activity Envelope Plan;
13. Authorization Letter to Submit Land Use Application;
14. Fee Agreement; and
15. Proof of Ownership;
Please contact me if you have any questions or would like any additional information.
Sincerely,
DAMS HORN INCORPORATED
~~~
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GLENN HORN AICP
9
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RURALOAREA RESIDENTZALNG OWOHZMANAGEMENT QUOTAZSYSTEMOALLOTt~NT
AWARDED TO LOT 1, LZND-KOPPEL SUSDZVISION
'('}!r-.:; C= rGteCtlVe CGVenarit5 !t`1 ~, „~,G^5-
:.i~ 3L(}., lay f .:a r:*c'~ a:z ..._ :.
o ,'kc~ _, 2005, ~;~ -
~'clcrado limited liability com an• ~:'nr- ~JJ~117,'', ""_' .
P- y.
RECITALS
A. Stephi Holdings, LLC (the "Owner"; ~s the Gva-;~- ;
Lind-Koppel Subdivision, according to the ?la* YeCC, -'
Book 24 at Page 11, Pitkin County, Colorado rded_.. :__,-
Property"). thereinafter "t.;z
B. Owner submitted an Application (the "Aoplication"; _
2002 Growth Management Quota S - ~~=
for new development allotmentsywith uGMQS) 3ura1 Area Competit_on
floor area for new deveio ment p to 5,500 square fee*_ c`
the Pitkin County Land Use Codepursuant to Sect_cn o_l~r,_-,30 0`
D. Oa April 2, 2002 and April 9, 2002, the ?itkin County
Planning and Zoning Commission held dul n
ec t
~'.'th resn ~ ~o the 2002 Rur ~ Y o iced public hearings
Y~v ~a
System competition for the rural4 area~allotment~and scored the
GMQS Application pursuant to Section 9-12C of t::e Pitkin Coun ^J
Land Jse Code. _
F• On April 24, 2002, the Pitkin County Planning and
Commission forwarded its score of the GMQS A li Zoning
resolution to the Pitkin County Board of CouPp nation by
("BOCC") 'nty Commissioners
F. BY Resolution of the Board of County Commissioners cf
Pitk*n County, Colorado Allocating 2002 Rural Area GMQS
Allo,.ments for door Area, Resolution No. 081-2002, recorded on
May 30, 2002, the BOCC accepted the Planning and Zoning
Commissio.^.'s scoring of the GMQS Application and al_cca-zd ~,_~
square fee*_ of residential floor area to the Property.
G• Resolution P7o. 081-2002 provides t!:at the all o-cat`cn ,~<
floor area to the Property is conditioned upon the written
agre?went of the owner of the Property detailing thz
rep=eszntations made _n the ~ n
P>rF~ c ^MQS pbllcatlon and t~"ie rAC('.'".dl "I
th-- ~~ ~s a covenant r„n. .,
Zl..g with the land.
Id~iW TcEP.=FORE,
the residential ar_a
a]:ccZ'_.r, ~r~~vided for PeU~ _locr A- cquarz fcctau~
-" ~lutior. IIc. ~~1
n t:.` ~ T ~ r~ ;, ,
._, 1 W1 :(J CG'Jenr.PtS '~'atall i ti~ ~ -., _., .',r..j
,l - ,,_ .~,,~~~. _... ...:.
:'.;arj .f points:
1 . GENERAI, REQUIREMENTS
in addition to Resolution :I ,.
currently bound by the terms ~; -~ 2002, the Property is
approvals (collectivel A ~,.~-'~' '='i~owing documents and
Y~ th_ J.,de_'~;_n~ Approvals") and the
'iwner acknowledges and agrees that, in addition to the matters
crcvided for elsewhere herein regard;ng the representations made
in the GMQS App_ication, the Owner wil_ comply with all of the
terms and condi~ions of the Under~•-~
1j--~g Approvals:
(a) Reso'_'~tion No. 89-74 of rhP Pitkin County Board of
=ounty Commissioners recorded August 7, 1989 in Book 599 at Page
31, ?itkin Cour_~y, Colorado;
(b) Resc_'~tion of the Board of °
Pitkin County, ~=lorado Granting FinalpPlat Approvaloofrs of
Lind/Koppel Lew-=mpact Subdivision and a Deed Restricted Employee
Dwelling Unit ._.e_olution No. 89-i26) recorded February 6, 1990
in 3ook 613 at Fage 932 and re-recorded February 29, 1990 in Book
cc"14 at Page 97.. Pitkin County, Colorado;
1990 in)Bookb6_- atoPa1ep9y8em~nts Agrees~ent recorded Apr'_1 11,
g itki-. county, Colorado;
(d) Plat :' Lind-Koppel Subdivision recorded April 11, 1990
in Plat Book =-_= Page 11, Pitkin County, Colorado;
(e) Resc='_ion of the Board of County Commissioners of
Pitkin County, __=orado, Granting Approval of a Major Plat
Fnendment to =-- _, Lind-Koppel Subdivision for the Purpose of
Expanding the =___ding Envelope and F.e-Aligning the Driveway
!Resolution Bc. =--166) recorded January 23, 1998 as Reception
Nc. 412813, Pi-__- County, Colorado;
(f) Resc__;_on of the Board of county Commissioners of
?itkin County, :__orado, Granting P.pproval of the Lind-Koppel
"dinor Amendme=- -_ a Development Permit (F,esolution No. 98-9g)
recorded June ` _998 as Reception No_ 417806, Pit}:in County,
~clorado; and
(g) Firs- =-=_nded Plat of Lot
==corded Octei-: _3, 2005 in Plat Bo~,~_ "ind-Koppel Subdivision
~~~ -' 515969, p' - ._ = Count } 76 at Page 33, Reception
Y, Colorado;
_~IIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIII IIIIII e 99366 ea:ss
76.00 D 0.00
_~_
OOUG12
IIIIIIIIIIIIIIIIIIIIIIIIIII,IIIIIIIIIIIIIIIIIIIIIIIIIIII 5 09366 ee.ss
couNrr Co R 76.00 D 0.00
2• SITE DEVELOPMENT REQUIgEMENTS:
2.1 Water Service.
2.1.1 The GMQS Application did not
commitments regarding water service for
the commitments previously provided for
Approvals.
contain any
the Property, beyond
in the Underlying
2.2 Sewer.
2.2.1 Waste water disposal f
accommodated by either a standard
disposal system. A site specific
determine the type of waste water
Property.
2.3 Storm Drainage.
or the Property will be ~.-~-,,~
or engineered waste water T'~
soils investigation will Pei"" r
system to be used on the ~S S
2.3.1 The Owner will implement a drainage control plan to
mitigate any drama^e that d ~ S
on the Property, and will may occur during construction activity
the Property. maintain historic run-off patterns on
2.4 Fire Protection.
2.4.1 The Owner will provide an in-house sprinkler s
for any free market or voluntary deed restricted residential ~ PS
dwellin Ystem
g unit constructed on the Property. Water tanks will be
placed inside any such free market or voluntary deed restricted
residential dwelling unit to serve the sprinkler system.
2.4.2 The Owner will not construct improvements on densely
vegetated hillsides.
2.4.3 The Owner will comply with the provisions of Section C-C7
3-80-070 of the Pitkin County Land Use Code.
2.4.4 The Owner shall place driveway pullouts at 150 foot
intervals along the 16 foot wide driveway which service ~P.S
Property's building envelope for the free mar}cet residential
dwellin s the
g unit. r
'2'4.5 The Owr.er will develop a looped driveway or a C
CI
i
-3-
On~J~13
N
JNMIQ R Vptr
R 76.M D •.a '
driveway with adequate turning room for a Aire truck to exit the
Property's building envelope for the free market residential
dwelling unit. 1
2.9.6 The Owner will Install a pond on the Pro
adjacent to Snowmass Creek Road between the ~ r
the former "Moderate Income party
depicted on the Plat of Lind-_EKoloyee Dwellin~in aMCess road and
11, 1990 Peel Subdivisionnrecor ealope
in Plat Hook 29 at Page 11, Pitkin Count
The location of the April
truck. The Pond will be easily accessible~tooaorado.
Protection Dis trictlto draw~c,,ater fromlthe d Rural Fire fire
protection for properties in the vicinit pond to enhance fire
Y of Property.
2.5 Road gys~.
~~
a
:~
2.5.1 The Owner shall consent to the dedication of
additional rights of way on the Propert
terms and conditions as ma Cv~T
Owner, to the extent that Shoe agreed uY' on such reasonable
wmass CreekoRoad and Watson Dividee
Road in their present location encroach upon the Property.
2.6 Air Pollution.
voluntaryldeedlrow~g the completion of any free market or
on the Propert estricted residential dwellin G ~
voluntary deedyrestrictederesidential dwelling unit constructed
g such free market or
sealed or paved to suppress dust. g unit will be chip
2.6.2 The Owner may install one clean wood burnin
on the Property which will incorporate an after bu
emissions below current EPA clean- 9 device C-~
burnin rner to reduce
g standards.
2.6.3 The Owner shall utilize boilers on the Property which P~
recycle emissions for greater efficiency and to decrease air c.o
pollution.
2.7 orator Rasouroae.
~' 2.7.1 The Owner will continue to irrigate all of the C ~~--r-
~ historically irrigated lands on the Property.
~ 2.7.2
irri The Owner will upgrade and maintain all existing
~ gation ditches on the Property which are
disrepair. in a state of '1C ~
~ :~ 2.7.3 The pond provided for in Section 2.g.6
~ above will
-9-
OO~Olr:
"' •~~~~ ullll III ; ~~~~'
JgH1C[ / vrg rgVDl~~ PiTY,(
-nr==~'~= a littoral shelf
pia ~-f=rfowl to improve
the
P^fl~' S o{ :3
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4 CDUNTr pp R ~ 01/0D/200E y85c
8.00 D 0.00
with appropriate
plant ape'--; ~_-- F
habitat for migrating water ~cr C ~ 2
_ ;.,; .
2.8 Hazards and Site Disturbance/Environmental Impact.
2.8.1 Wildfire Hazards.
2.8.1.1 The Owner agrees to abide b
wildfire standards as set forth in Section 3-80-070 ~ ~
County Land Use Code, Y `"he current
of the Pit}:in
2.8.1.2 Sprinkler systems will be i
market or voluntary deed restricted
constructed ns~alled in ary free ~~
on the Property. residential dwellin
g unit
2.8.2 Geologic Hazards. The Owner commits
improvements to dedicated buildin
and to implement to limit all (~ (~S
a weed management envelope(s) on the Property
plan on the Property- -
2•9 Energy- and Water Conservation/Waste Aater Re-use.
2.9.1 Solar Orientation.
dwelling unit on The free market residential
to achieve the Property will be located d p
the fr pr°per solar orientation. Southernointebiordsng siteF
ee market residential dwelling unit will have 1 .,
minimum concrete floor paces o_
system for solar and 1/2
gain storage-
2.9.2 Windows and Glass.
dwelling unit and The free market
dwellin anY voluntary deed restricted residential ~ P S
glass g unit on the Property will incorporate hi
(tinted insulating class with Low E coatin
windows sc that in gh per=ormance
the structure and the Winter, heat ener 9s) on all
outside. in the Summer gY Is reflected back into
Storm windows will bey outdoor heat energy is
windows thereby providin Provided for all o reflected
g triple glazed windows- perational
-q rements of the FitY.in r ~uper Insulation that eg`uL,It cn
runty Ccd~ -
-, and a layer of
2.9.3 Roof Overhangs and Por
residential dwellin rhos. The free
carefull g unit on the Pro mar}_et (~ f S
Y designed roof overhan perty will incorporate
in the Summer, and to maximize gs and porches to
solar gain in limit solar gain
the Winter.
2•9•q Insulation. The fr
and any voluntary deed restrictedmarket residential h~
the.pro r sidential dw dwelling unitlJ P~
perty will incorporate ~ ellir
rF ui
-5-
~ DD~j01J
_;uctics" will be includ<_„~
.-_. G -= --- -::'er_or walls. The -
_ree mar}:et residential dwF~'__r~• _ t and any voluntaryJdeedf
r_tricted residential dwelli:,~ ,si- sr. the Property will be
=pe=-insulated to an R-50 or ,rr-= -~=-
_ -~~-__ insulation value.
2.9.5 Ventilation. The =ree ~a-'~e- residential dwelling ~ P S
::nit on the Property will incorpora~e aentilation c
ma}:imize natural ventilaticn and :*.ir :~,- ~o himneys to
Ventilation. -- -- the need for mechanical
2.9.6 Energy Codes. The free mar'._et residential dwelling ~ P
unit and any voluntary deed restricted residential dwelling unit
on the Property will meet or exceed t:^e requirements of the
Jniform Building Code and the Aspen/Pitkin Energy Conservation
Code as adopted by PitY.in County under Title 11 of the Pitkin
County Code and will exceed standards of the "Built Green
Colorado" checklist.
2.9.7 Boilers. The free market residential dwelling unit ~ PS
and any voluntary deed restricted residential dwelling unit
on the Property will use an 8i~ efficient boiler system for
radiant heating.
2.9.8 Paints. The free market residential dwelling unit anci~ PS
any voluntary deed restricted residential dwelling unit
on the Property will be painted and stained with "non off-
gassing" paints and stains.
2.9.9 Wood Products. The Cwrer will utilize best efforts to ~ ~~
_r.corporate certified "Environmental Friendly Woods" as the same
are identified by the Pitkin County Building Department into the
`ree market residential dwelling unit and any voluntary deed
restricted residential dwelling unit on 'the Property, and will
utilize recycled woods for cabinets, flooring and finishing, to
the extent such wood products are reasonably available and to the
extent such wood products are used `cr such cabinets, flooring
and finishing.
2.9.11 Hot Water. The free T,a-}.et residential dwelling Q,3PS
unit on the Property will incorrcra*_~ a solar voltaic hot water
system.
2.9.12 Excavated Soils. The ~;>.;;:-r will reuse all excavated /
c~~ils ~n site. -
(-~P s
2.10 Conservation Through Construction Management Plan.
2.10.1 Traffic Demand and Traffic r_ontrol tdeasures. G,r~~S
~~-
UGUQI6
"11111111!! III~II I!II!I ICI III'I I'111~ ' n~i r~ ~n~~ ~ ~ ~~~5
. ~. ~-:~:atr~:ction of any free market or voluntary deed re~tr~cte i '
~.::
_c ~::lentlal dWe 111ng llnlt On the Property, t, °_`'.-' ~'iJ~: ~ _:":~---'=
!~-mand anti traffic control measures will be ;'nse-'~e-:
2.10.1.1 Delivery of construction raw materials *_c
.he Property will be prohibited during peak traf`_-c p=riods•
Deliveries to the Property from 8:00 AM to 8:30 P?? and from 4:~C
?d to 5:30 PM will not be allowed. The only erceptioa tc th=se
restrictions will be scheduled concrete pours that are time-
sensitive due to the quantity of concrete being placed or poured
at one time and other time sensitive deliveries.
2.10.1.2 Speed limits of 20 miles per hoer for
tandem axle and larger vehicles will be posted on the Property at
all times.
2.10.1.3 The Owner's general contractor will be
recuired to provide a parking plan for the parking cf
subcontractors and laborers as a part of such general ~ nL
contractor's contract with the Owner. ~v
2.10.1.4 The Owner's general contractor and any S
subcontractors will be required to provide van pooling or car
pooling programs as a paxt of their construction contract o:ith
the Owner. Reduction in payment provisions shall be incorporated
into the contracts as a means of ensuring compliance.
2.10.1.5 To the greatest extent possible, raw
materials will be stockpiled on site to try to consolidate
deliveries of materials in larger quantities, and an or_-si*_e
storage yard may be utilized for bulk storage of material and
equipment and the secure storage of tools.
2.10.1.6 The Owner's general contractor shall be
responsible for monitoring deliveries to the Property and
contractor compliance with the above requirements. The Owner's
general contractor shall establish a program to monitor all
traffic and establish procedures to ensure compliance with the
above requirements. The program shall include enforcement
measures.
2.10.1.'7 No parking will be allowed on °novrmass Cree}:
Read.
2.10.1.8 In addition to the above measures, t:~ie Owner
will plan and implement the following programs: (lj a fugitive
oust control plan; (2) a public nctifi~-aticn plan; rnd (3) a
!7r .:mac control Gf Con :trllCtir~'~ c7ulpment plan.
_]_
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7F;.U0 D 0.00
2.10.2 Fugitive Dust Control Plan. ~__~ng _::e ~onstr•;ction
' ::l1 tree market or voluntary de-~_~: rte---=ct~d r~sidentiai
~,i~,_ -_. - gait on the Proper~~ ..
1, .:r,_ wl~l ~e implemented
_. -,m .~=art tc finish of each can. ~ ~ ~e ~~ ,~ n
°_°_.-__' ~-- - a~~n •ntil the VJO/~
.,.. (. _r'.]Ct.LOn prO~eCt is CGm ,lets. ~', t. -;'+i::er' cn or ~.,-_r*- U~'
F --- 3- al con~_a__cr
>.--1 re required to assume all re:;-~,:,.__i__ty for dust control
-:d -hall carry out proper and ef=~'___r.t r.easures whenever dust
,,,n==c1 is necessary, thereby minir,.i~'_no dust damage and nuisance
-;i ~e rcGns and property. The /wnE3r' General Contractor W111
~'_so be required tc control dust at _h•e work site by the use of a
water truck or an effective palliar_ve agent ar.d other
appropriate methods as may be req~~ired. mo the greatest extent
possible, raw material deliveries is ar_d from the Property will
be water sprayed or covered with tarpaulins as necessary to
additionally minimize dust and dirt from cons ruction operations. ~
2.10.3 Public Notification Plan. During the construction of
any free market or voluntary deed restricted residential dwelling ~ ~ 5
~~nit on the Property, the Owner's General contractor will be
required to notify public and/or private utility companies at
-east forty-eight (98) hours prior to com-nencement of any work in
the vicinity of such public or private utilities. No work will
commence until the appropriate utility provider has locatea the
utilities or has given its written consent to proceed. If
uti'_ity service must be interrupted, the Owner's general
contractor will be required to notify the appropriate Pitkin
County authorities and the affected utility users-at least
twenty-four (24) hours prior to interruption. Notice will
consist of the Owner's general con*_ractor's posting of prominent
and easily read signs and personally contacting affected
neighbors.
2.10.4 Noise Control for Construction Equipment. During the
~cnstruction of any free market or voluntary deed restricted b ~S
res_dent;al dwelling unit on the Pr^~~rty, the Owner's general
cc-tractor will comply with all ap5licabie noise control
==cuiat_ons, specifically including the Pitkin County Noise
?~ates:ent Ordinance. Construction eg~,„i_rment shall be scheduled
=o operate crly during daylight hours, i.e-, 7:00 AM to 7:00 PM,
_.c :day through Saturday. kadics and CD players will not be used
---site during construction.
2.10.5 Recycling and Reuse of Materials. During the ~~ S
_ ,..~=ru'_"'t~cn Gf anV ~ree :na r;:~r ~,r ,_~.: P.tary ',:ced reStrlCted
--e of dentlal C1wel11n llnlt Gn =I; !? --^. c_r~.
g 1, the Gwner's general
-raC J.'" mall sort all c/ ~r_-~ .., -r r~1Gn Rldterldls 1ntJ tWp
_._ a,-. ryn arefls Gn t}1o Prepr.r-~ ... i_rr.rlai.° thaT ~dn be
_~_
0~~~~~~
7
7
1
ecycl,.,,1 will be stored SeParatel <
cannot he r°-cycled. Y _rcm rh;
!'_ti__n r'~ll rity Rec The sorted materiaJ.~ material.. '_hu`
areas. The Owner,amation Center and 1_ well be tar.en t~ -~,e
r G f
e~:cavation materials general ~ P C__d rn she apprcpria-e
con~ractor will use as much c.< t.~o
buildin
rwo dedicated gsePveloble{fcr landscabir.g cn s;*G
1_i„g unit and Pe nor the free mar}- `` "'-~:-'.n
restricted the building envelope for -et residential
residential dwelling unit. any voluntar-.
residential dwelling unit will y deed
grade. p be built oY Pr°posed free mar},et
on- 11 buildin
chi g waste er crawispace or slab
Aped on site to reduce tripsapobtheop.bein :'pped wi'1 be
Recyclin r g c• =
g enter. 1t}.in . ount•~ .- , .
r Land__~j or
2.10.6 Canine Control. Dogs shall
Property during project construction
2 1
~n.~
• .1 Avoidance of Existin
The Owner shall J Wildlife
with respect` to comply with and Wildlife Habitat.
provisions of the Prior Abprova ~ s Ca',,,,i,~~,~
habitat, the avoidance of existin
g wildlife and wildlife
2.11.2 Canine Manaq~ent. The Owner shall
provisions of the prior Approvals which
Property, comply with L,~,,,,~
prohibit canines on the
2.11.3 Enhancement of Wildlife or Wildlife
commits to the following measures
Property: to improveb abitathon wrho
2.11 Wildlife and Wildlife Habitat Protection.
2 11
. 1.3.1 All areas where
in conjunction with construction urface disturbance
be reshaped, smoothed activit takes place
established and seeded with y on the p p c
fer the native rO erty shall d ~
Property as soon grass and fortis m;x
2.11.3.2 as Practical.
location Large standing dead trees
caul y-nestinl be left standing to provid
t g wildlife
raptorial bird species and to
species.
2.11.3.3 The use of
restricted to only those
>fith ranching ooerations
.l
,1.3.9
All earthwor}:
C~v~T'i
°~rformcd ~n
the Pr,n~rt_y in n
~. J 1'
J
_(~_
0~?~1 ~ 13 ~ ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~~~I~~ i~i! ~~~ ~ i ~~ 5s
not be brought cn the
not in a hazardous
e important habitat for ~ PS
serve as Perches fo
r
off-read recreational-t;,pe vehicles
vehicles which are used in connecti,;,
associated with the Property.
f IIII'IIII IIII~~
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.:i :....won with t~:e construc`~ ,., _ .-_ ,
` _- ~ cn the Property shah
:,~ .>~ r
_ormed in such a ma::n_r
. -~r: Ar ~-
d o..~on that ccu'_d
._ :pie .,ncormass CreeY, water __.
_.11.3.3 F11 trash strr~_~-~- .,, _-
~_ _
~ res -, C-~~;°'~
~ o.. the Property
~i,,_1 re indoors to prevent wi'_d]__
/- ~_sident conflicts. ~C'7
2.11.3.6 The Owner will insta__ artificial bird nesting
~~
_,~;zes on the Property to encoura~r~- cer`ain passerine bird
species to use the Property for hires - esting. S ~~,~~c~-
2.11.3.7 The Owner shall rem~-~e any existing fencing that ~ P S
endangers wildlife, and to the er.te:a that the Owner elects to Cp
n,
o~ Iz
rep~ace such removed fencing, Owner shall replace it with ,
~~
fencing that is consistent with the recommendations of the C- ~
County Wildlife Biologist and Coioradc Division of Wildlife.
2.11.4 Reduction of Human Influence. The Owner shall take
the following measures to reduce h~,:man influence on the
Property:
2.11.4.1 Wire fencing in the Property shall be limited to C ~
42 inches in height, shall have no more than four strands of -~-
.wire, and shall provide for a 12 inch kick space between the top
two strands
f
i
C
1
~ r
o
w
re. Wood rail fencing on the Property shall be "
`
~l`
limited to 42 inches in height, shall have no more than three
rails, shall provide for 18 inches between the top two. rails
,
and shall be no more than 12 inches in width, when viewed from
above. All fencing shall be smooth wire or rail, or shall be
other fencing that complies with the recommendations of the
Colorado Division of Wildlife or Pitkin County wildlife
~ioiogist. The Owner shall remove existing fencing that does
act meet these standards.
2.11.4.2 Construction fencinc is prohibited outside o_` any ~ ~ 5
building envelope on the Property.
2.12 Consistency with Land Use Goals.
2.12.1 Visual Impacts.
2.12.1.1 None of deael,nment proposed within the ~1
_rope-ty shall break any mapped 'dgelines. The free mar}:et
-=~sident_al dwelling unit cn t`,e~~ rc:;erty will utilize existing
topography ar.d existing and pr_c~~=ed plantings to screen the
re~lCenti9l dwelling llnlt. _:_P `r~r. :-i~r}:ct re5ldenLldl dWelling
7 nlt Gn t}:e PTGDe rt' wil ~
,~ 1 b~ place. '_n the least visual site from
._..`,'wT'Ia .`;3 rrr cl! N.G adr .: u~i lc. ~_~ '. r- i.. -
- - >,r.-r ~ -'-gnt to construcT. a
1 U-
-~0Qi10Zt3
II II IIIIII IIII III I I ~ II I III I I III 01~/06/2006f 0E~5.` _-.__ _ _
JAN]CE C 'JOS CRUDI. ~]TY.IN COUNTY CO R 76.00 D 0.00
free ;.,ar;:er residential dwelling unit with•n any res~dent_al
building envelope approved b• Pitkin C
ir~,~4r~y y our.ty wit:. respect *r, tt~
2.12.1.2 All landscaping outside the Property's ~Y(J ~
building envelope(s) and driveway will be maintained to heir
screen any development. Development on the Property will comply
with current Pitkin County lighting standards providing for t-:e
mitigation of exterior lighting so as not to have light sources
visible from Snowmass Creek Road.
2.12.2 Development Below Allowable Density.
2.12.2.1 The Owner shall deed restrict the Property to
limit the density of the Property to one (1) free market
residential dwelling unit on the Property. The deed restriction
shall not apply to any voluntary deed restricted residential
dwelling unit on the Property. The deed restriction shall be in
a form acceptable to the Pitkin County Attorney. Pitkin County
shall be a beneficiary of the deed restriction.
2.12.3 Development Below Allowable Intensity.
2.12.3.1 The Owner shall deed restrict the Property tc
limit Floor Area to 11,250 square feet of total Floor Area, as
the term "Floor Area" is currently defined under Article 8 of the
Pitkin County Land Use Code. A portion of the Floor Area of
Agricultural buildings located on the Property shall count
against the Property's total allowable Floor Area as provided for
in the Pitkin County Land Use Code as of the date of any building
permit issued by Pitkin County in connection with the Property.
The deed restriction shall be in a form acceptable to the Pitkin
County Attorney. Pitkin County shall be a beneficiary of the
deed restriction.
2.12.4 Bonus Points.
2.12.4.1 Additional Deed Restriction. The Plat of t
Lind-Koppel Subdivision recorded April 11, 1990 in Plat Boc}_ 24
at Page 11, Pitkin County, Colorado deed restricts approximately
75 acres of both lots in the Lind-Koppel Subdivision agair_s*_
development. The Owner shall deed restrict an additional 17.5
acres on the Property against development, resulting in a t~tai
of approximately 92.5 acres of land in both lots comprising the
Lind-Koppel Subdivision which will be preserved by deed
r~-st-icticn against develc men
i P t. The deed restriction s.',dLr,e
n a form acceptable t:, the Pit;:in County Att~~rnPy. Pit~ir.
UUF1~21
-"~'~:.ty shall be a beneficiary c_` the deed restriction.
2.12.5 Creative Bonus.
2.12.5.1 Fire Protection. The pond to be constructed ~ /~
on the Property will include a water out-take pipe adjacent to
~no~nnass Creek Road which will provide a water source for the C O
Basalt and Rural Fire Protection District to draw water from the
pond to enhance fire protection for properties in the vicinity of
Property.
LCD 11-t-
the Owner consents toothesdedi~eation ofoaddiaionalwrightseof1way
on the Property, on such reasonable terms and conditions as may
be agreed upon by the County and the Owner, to the extent that
Snowmass Creek Road and Watson Divide Road in their present
location encroach upon the Property.
P~<~~
2.12.5.3 Effect on the Environment and Resource ~ P~ S~ t.t,u ~
Conservation. The Owner will donate Three Thousand Dollars and
no/100 ($3,000.00) to the Independence Pass Foundation prior to
the issuance of a building permit for a free market residential
dwelling unit on the Property. The donation will help support
sustainable reforestation and harvesting to offset the amount of
solid stock lumber used in connection with the Property.
The Owner sha115imp1ement1aeprogramlon1theHPopertyrforcthen
enhancement of riparian habitat as described in the letter of ~'
Andrew Antipas dated January 11, 2002 and attached as Appendix 10
to the GMQS Application. This letter provides for the following
commitments
(a) If possible, the Owner will remove as much of the
existing perimeter fencing on the Property as is possible.
(b) Wire fencing in the Property shall be limited to
42 inches in height, shall have no more than four strands of
wire, and shall provide for a 12 inch kick space between the top
two strands of wire. Wood rail fencing on the Property shall be
limited to 42 inches in height, shall have no more than three
rails, shall provide for a 13 inches between the top two rails,
and shall be no more than 12 inches in width, when viewed from
above. All fencing shall be smooth wire or rail, or shall be
other fencing that complies with the recommendations of the
Colorado Division of Wildlife or Pitkin County wildli_`e
Biologist. The Owner shall remove existing fencing that does
not meet these standards.
-12-
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Peggy: 13 of IS
III IIII II III I II~~ ~~I VIII IIIIIII I IIIIII II IIII 519366
~prrlCE a vo5 eRUD1LL PiTKiN eOUNTr eo R 76.00 1/06 D20000 8...•
(a) The
in accordance with
(b) Any
close proximity to
further requiremen
dedicated building
Owner shall implement a weed management plan
guidelines provided by PitY.in County.
proposed building site shall be positioned in
neighboring homes as possible, subject to the
t that any site shall be located within a
envelope.
(e) The Owner shall try to preserve the existing
mature cottonwood trees along Snowmass CreeY..
(f) The Owner shall construct a pond on the Property
which will include a littoral shelf with appropriate plant
species for water fowl to improve habitat for migrating
waterfowl.
(g) The Owner shall consider placing a conservation
easement on areas of the Property located outside of any
dedicated building envelope.
2.13 Optimal Mitigation of Employee Generation.
2.13.1 In accordance with Section 3-130-020 of the
Pitkin County Land Use Code, the Owner shall acquire a two
bedroom or larger free market residential unit located in Pitkin
County. The Owner will convert the free market residential unit
to Category 4 deed restricted sale housing prior to the issuance
of a building permit for the construction of the free market
residential dwelling unit on the Property.
3. MISCELLANEOUS
3.1 Recordation. Once fully executed, this Covenant shall
be recorded in the Office of the Pitkin County Clerk and
Recorder.
3.2 Notices. Notices to the parties shall be sent by United
States certified mail to the addresses set forth below or to any
other address which the parties may substitute in writing:
To the Owner: Stephi Holdings, LLC
c/o Curtis B. Sanders, Esq.
Krabacher & Sanders, P.C.
201 North Idill Street, Suite 201
Aspen, Colorado 81611
-13-
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:I talc- ~~
Ct0(~ll8d~]~d~.2.9.?m~Mefireme,
-~,tJotary P~~iic
PersonaNY aPPeared~(~{u ~ j,~'
,---~~ V5~/]
Personally known tom or proven to me oa the
erson basis ofsatis
p ~°fj se nam t subscribed to ~tO7Y evideru;c to be the
me that sh ey executed the wrthin instr!ttnertt and acknowledged to
by his r it si ,~,_._,g, same ~ hia / eir aathorizod capacity~ies). and that
which t c person`~~ ~ ~ ia~®~ ~° ~~o~ or @te entity upon behalf of
anted, executed fin inmumem.
`hTT1.lESS my hand and ot5cial seal.
Signr ire of otary Pa ~
~„ r w N.vr~z
coAUt. •t~srar
r
Title or Type ofDocumern;
Document Dak:
Nomber of Pages;
Signer(s) Offier Than Named Above:
IIIII~I~~I~I~III~I~IIIIIIIIII~~/IIIIII~U~II~Illllla a 893eeefaesss~
a o e.aa
UI,r•UUitr
ATTACHMENTS ~ ~,
r~
~,H E17 rneE~7~ ,~
sOHD2/L,ION IMPROVEMENTSS AG~EMEpJT " '-
FOR =' -
THE LZNDLKOPPEL SUHDIVIBION cn •~
c a
1'H IS AGREEMENT, made and entered into *_his __
~~-~--~-~ l~~Yr1 by and between BARRY J. LZND and ALLANYKOP?EL
(hereinafter referred to as "Owner") and THE 30ARD OF COUNTl'
COMK•_S,;ICNERS of the County of Pitkin, State of Colorado, as the
asVerning body of Pitkin County, Colorado (hereinafter referred to
County ),
WITN_ESSr,TH:
L
WHEREAS, Owner has submitted to County for approval, exec:'. ;.ion
end recording a Final Plat (the "Subdivision Pla:••) of the
u-nd/Koppel Subdivision (hereinafter referred to as the
"SUUdivis-ion") consisting of approximately one hundred thirteen
(113) acres on certain real property in"Pitkin County, Colora~o,
more particularly described in Exhibit A annexed hereto and mace a
Part 'lereof and on the Final Plat of the L7 d/Koppel Subdivision,
which Plat appears of record in Plat Book ~ q in the
real property records of Pitkin Count at Pa a -u-
y, Colorado; and
WHEREAS, County }ias fully considered the Subdivision Plat, an~i
is willin3 to grant approval of and execute the same upon Owner's
agreement to the obligations her_in, all as required by thePiikin
County Land Use Code; and
enterWintopthi~wAgreementlwith theaCOUnt ttose obligations
Y ro•~id: and to
P for the same:.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto stipulate and agree as follows:
1' Vso-`?n• Owner shall vegetate all areas di~:turbed by
new construe*_ion.
2• Utilities. Any and all utilities to the proposed building
envelope shall be buried along the driveway alignment.
3' DO4s• Dogs =hs11 be prohibited in the Subdivision.
~• Fet~cins. All r.ew fencing shall be forty-two inches (q2")
high, three (3) st.rards smooth wire or split rail.
5- Wildfire. Owner shill adhere to
guidelines contained in
the Colorado State Forest Service booklet Wildfire Sa_=Et~,, Guiae]ines
`.or Rurall F?om_eOWne_rs
6. soils- Site specific soil engineering shall be required
for each home to insure proper foundation deaign, and to account for
~tential ~~iqh yround w+.tur-
- 1 -
• ~(~UOa~
~• Setback. The
proper setback from the soil- engineer shall
of the home. stream bank, based on
8• Septi~Syytem An e~igineered waste
be designed and approved by the Environmental
9.
=ngineer.
eight feet
also recommend the
final location design
disposal system shall
Health Department.
Dra~veiray. The driveway shall be designed by a professional'
The driveway shall not exceed Coun~y width standards of
~A') to sixteen feet (16') of driving surface.
10. Radon Gas. Each home shall be designed t~ward~
the potential for radon gas accumulation.
mitigating
11. Encroachment, An ercroachme.~t Permit shall he
by Owner when construction of the acce<_s road is to take
aPPlied for
12. Water Place.
Riv ts. Owner shall ma:.ntain historic water rights
sufficient for agricultural and existinc vegetation purposes.
14• Non-paver ant.
Plat as Wildlafe and Non-DevTlopmentnAree`svshali) a_res shown on tt•e
ability .for development in those parcels. Preclude the
15{ Fish~aa Easement
and delfivery o~th S Agreementeepwnz1 and1Countnt with the execution
execut~d and delivered that certain Fishirr r y have mutually
the form annexed hereto as Exhibit g asement Agreement in
~ "B" anc made a part hereof.
]-6. Rivh w_m__
grantrrd on the*- p~to'PitkinnCount ~10~) right-of-way has beer.
passes through the Propert~•. Y for Snowmass Creek Road as
it
17• Emnhoyie rot• Ong ~1) Employee mot has been platted as
part of the Subdivision. The Employee Lot,. as shown on t
Plat, shall be rented and governed b
price and y the moderate-incomeremployee
qualification guidelines annually adopted b
County Commissioners. The residence on the Em lc. ee r,
maximum of 1,000 s Y the Board of
foota guare feet, plus a garage ofpttie maximumhsll be a
ge allowed by the Pitkin County Land Use Code. 4uare
18. Execution of Final Plat. Owners obli
herein are expressly conditioned on the Count
~xecutinq the Final Plat of the Subdivision igations contained
the same ir. the office of Y approving and
Colc.-ado. the Clerk and Recorder ofeFitkindCeu~t of
Y.
19• Covenants Runnin WitA Land.
conditions and obligaticns All coven..~nts
Witt: the land, and shall attach landontained are restrictiocs,
corenants running
owner and Co,_,ity, their respective banu `nd inure to the benefit of
granteer• successors end assigns,
20. Entire Aa! eeme_nt Tnis Subdivision Improvemects
constitutes the full and complete agreement or the
A~,"eement
parties he:E`o,
- 2 -
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..~
... _~ .. .... ~r..... .~.... .y..t'.•
"~Jx 617 vacr:9~0
°"° may not be modified except by a written agreement signed by the
parties.
2i. Notices, Any notice, communication, request, reply or
advice (hereinafter severally and collectively, for convenience,
called "Notice"), in this Agreement provided or permitted to be
given, made or accepted by either party to the other party, must be
in writing, ana may, unless otherwise in the Agreement expressly
provided, be given or be served by depositing the same in the United
States Mail, postage prepaid, and registered or certified, and
addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer or agent of such
party, or by prepaid telegram, when appropriate, addressed to the
party to be notified. 17otice deposited in the Mail in the manner
hereinabove described shall be affeot~ve from and after the
expiration of three (3) days after it is so deposited. Notice gi••en
in any other manner shall be effective only if and when received by
the party to be notified. For purposes of notice, the addresses of
the parties shall, until changed as hereinafter provided, be as
follows:
PITKIN COUAITY:
OWNER:
Hoard of County Commissioners
c/o Pitkin County Manager Harry J. Lind
506 East Main Street Allan Koppel
Aspen, Colorado 81611 c/o Gideon Kaufman
315 E. Hyman, Suite 305
P.spen, Colorado 81621
However, the parties hereto shall have the right, from time to time,
to change their respective addresses, and each shall have the right
to specify as its address any other address within the United States
of America by at least five (5) days written notice to the other
pz rty.
IN WITNESS WHEREOF, the partie~~iTave execat~h
Improvements Agreement as of the day and year lrst/ ritten+aboveon
ot,LjF~ ~ I OWNERy ~
ALIAN KO- p' pLj, ~ •~~ ~ - ~ ~
i - ~iARitY .7 • LIN
j
Att=St: BOARD OF COUNTiC COMMISSIONERS
Of' PITKIN COUNTY, COLORADO
__ ~
Secretary Hy-I'^+ 1 L~ ( ~ i ~ ~ 1 Z-
Chairperson
(ADDT_TIOt7AL SI.; IJATIr i<r:S AND ACK170WLEDGME:NTS FOLLOW ON P .GE 4 )
~ -
O(U027
__ _ -
~'~r~+ Fi ~ 7 Fa
Attest:
i APProved as ~o F rm:
~~ ~.
'~// ~• ~ County Clerk Thomas F
.
i h
County Attorne}•
STATE OF ILLINOIS )
COUNTY OF COOK ~ ss.
The foregoing instrument was acknowled ed
day of ' '^~~~ 1990
g
b before me L-hi
,
y BARRY J. LIND. s
-
WITNESS my hand and official seal.
My commissio F^"'~. ~.e,.,~„„w~n
rs expires: '- %,y ~~ Jc~o S. Lrc--
`~ I ~
- i ~. Myin.-unis .v L;.~
Notary `Pub icy
~ •,
STATE OF ILLINOIS ~ /~ ~~
COUNTY OF COOK ~ ss. -
The foregoing instrument was acknowledged before
day of Z~
' ~~~ ~
1990
b
,
, .
y ALLAN KOPPEL. me this jt
WITNESS my hand and afficial seal.
M}• commission i°`•'`L~
expir_s•: ~~
~•C~~IL- loan ~. ~.aF
'
'
Nol ry i
.
C., SrCf~
~ l
' `~. L v -
Notary Public ~
~
STATE OF COLORADO ) , ~
COUNTY OF PITKIN ~ ss.
The f, orean;nq instrument ras acknowledged before me this ~~
da}• of •/}„~•'-~'-' 1990, by
the BOARD OF CO
~
UNTY COMMISSZO 1S Chairperson
OF
PITKIN COUNT c
Y
COLORADO
WITNESS my
y seams.
My commissionn
j
~
r
f .
expi
c
.
N
es
.
/
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. N tart' p lic
,',.
~+= ...
.,
i
\lind\subdimpry~•.~
- 4
OOU02ii
.. ~ ac~iment
DGTERMINnTION OF'CIIE fIEARING OPI'ICEfi O(.
D-;PARTMENT OF PITKIIV COUNTY, COLOItgpl) AP ROVIIVG TIIE $S PIS IIOLDUVGS
LLC ]U41 fIAZARD REVIEW, CONCEI''R1AL tiUIIMISSION, SCENIC OVERLAY REVIEW,
ANU SPI:CIAI. REVIEW FOR A CDU
Determination No.v~2(IOfi
RF~,S
Stephi holdings LLC (".applicant") has applied to the Pitlcin County gearing Officer
Officer") for approval of a 1041 Hazard Review, Conceptual Submission, Scenic Ove
and Special Review for a CDU to establish an accessory bui]ding envelope to constm~
agricultumUCDU outbuilding.
~- Lot I, Lind Koppel Subdivision.
3• The lot contains 75.65 acres according to the Pitl:in Count}, Assessor and is confortni
the RS-30 PUD zone district.
4• The applicant provided notice of the application to adjacent property owners as rer
to Sec. 5-80-010(1) of the Land Use Code. 'Qo objections were received in 30 day
the notice was posted.
d- Because of the ~~ewplane mapping for the propem•, the Heating Officer ~~ that ~~
agricultutaUCDU buildine envelope will be located as either a western extension of the existing
residential building envelope or in the previously' disrurbed area for the EDU.
6- The Heatine Officer considered this application at a duly noticed public hearing on Febru ~
2006, at which time evidence and testimony were presented with respect to this a ~ ~8,
\OW THEREFORE BE Pplication.
Hearing Officer that be does hereby app osOa 10 Ul Hazard Rte ew~ Cone o~~Ty Development
Overlay Re~tew. and Special Re«ew for a CDli to establish ~~ Submission, Scenic
agricul:ural'CDL' outbuildine, subject to the folloa•in~ ~ accessory building envelope to construct an
bindia~ on all successors in interest. ~ conditions, which shall rttn with the land and be
l . The Applicants shall comply with the provisiors of Board of County Cotnmissioners`Resplution
\os. 97-i 66, S9-'4 gad Lot I Lind Koopcl Protective Covenants (Reception No. 519366) unless
othencise rep]aced of amended by the conditions of this approvah
_. P-or :o submission of an}~ eanhmovine. access, ,,r building permit applications. Ilteyp~?iicant shall
suec;i, ~~ t n ,~~yd Rc~ iew Site Plan to the C,,mmunity Development Department for approval
and recotdj~;. ~~ rnviar cope0l :nc s,tc pcm ~„usi be s,~mcd h
rccordm~. the site plan ,hall he amcndc~ s ;~„~.i~,,,~s: Y the owners pnor to submtnai for
i'':~~i~e a sign:r._ bl~~c~}: ;~,r ti,c i L~::;-::e ~,;llccr:md ticlete the si~ming Mock for:hc
_, ll~~:,rd ,.f Count. rummr.i,,n~r
~~
;hc aL~r;_;:,' - ' ~' ~~
'•' ~ . ~I !n,~i~lin~ envelope as such.
I,., ~~.i plc ~p, ccic ~.i~qu~ Ici:r, ..
...,~~.:Iwr:,l/('Ill; hwidinc cn•.-clnpc ~~ ~~.~'~
//carinf; I)~fr•~r Dele'rminariun Nn. ~_2(1(I(
Pat;c Z
5.
~.
IIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 9ie850 6
LL PITKIN COUNTY CO 2006 01 0ai
R 0.00 D 0.00
Identify the title of the I (141 as " 2^~ Amended Plat of Lot 1, Lind-Koppel Subdivision.
With the building permit application, the Applicant shall:
A W t on D ode Rcpiad lun that includes vegetative screening to soften the visual impact >TOm -~
Q. Submit a drainage and erosion control plan for review and approval by the Coun
Engineer, ty
C. Prior to issuance of any buildinS Permits for the new residence, the Applicant shall:
D. Complete afireplace/woodstove registration form with the Comm11>utyDevelo
Deparment, if necessary.
E. Obtain a County access/drivewa Pment
requirements set fonh by the 1995 Lmtdit to incorporate driveway improvements
F. Submit a construction management l Koppel protective covenants
show' Pan for review and a royal b (Rec. No. 519366).
mg the locations of staging, material storage and employee and co S~cuonF-ngtneer
Parking.
G• Pay the applicable road impact fee. traffic
H. Apph' for a well and septic permit with the Pitkin County Environmental Health
Depa:r.,,ent.
6. Prior to commencement of any eatthmoving or construction activity, the Applicant shall stake
the corners of the buildine envelope and install construction fencing arotmd the e
buiidins envelope. The fencing shall remain in place until a Cel-tificaze of Occu
for the residence. P nmeter of the
pancy is issued
'. Prior to the final inspection for the new residence, the Applicant shall provide a final landscape
plan for revien' and approval by the Community Development Department and shall install the
approvedlandscapine.
~. The applicant shall comph• kdth the followine landscaping and wildfire defensible space
mitigation s,;.ndards:
''~' R ~tnm L ~ of the residence and the furthermost projection of decks or other elements of the
hocse. re:no~ e all brush (oak sen icebem~, chokecherry, sagebrush, etc.) and maintain low
t'e;e:ation I lou' mo~~ in_ perennials, aowerbeds, cut grass and deciduous, well-trimmed
and :rneated plantst or hardscape. tl'ood~• ~,egetation is prohibited within thjs area.
~~r::arneata] trees ma~• be planted within this area, but the perimeter described herein shall
nc m,.m.amco be-`"ond the drip line(sj of those trees.
fi ;ic), rnd I _' and within ': ~ u~^iil and to the sides of the residence and 60 feet dounhiil of
'ham 'c::u~'ncc. c!u>ac--; ,,(;-~.;..:::nd brush shall be t
`..::nos ~~(-'.: lime: ;i;c ' - .~ binned t0 maintain a s
"c~;rn ~~t is rcmainine 1 eParation between
^~cd ap t..: (i' „r !;;;j f~,i l'.c hcuh:..1 ;hc ~,c ,pants, and remaining plants shall he
.n:.:' ~~,.~ .~;;;;,.,.cti gelation. All sprouts and understnr: ':hrui~~,
~ `-` t "~~ ~ .. '. h~ II be pnmcd to a height of ]0' uhavc the ^r~und ~.r
~ ; I ! !• `~ ~ '~'r r; Ic,s, in r,rder to eliminate ladder luc!•.
:.~ r.nri ~ ~ upiuil :md t~: the ~.idc; :,f the rc.aicncr .i:a,l
~~~~~~'~
1
Hearing GJ~ccr Dererminr<rion Nn, O. 11111 (IIIIII IIIIIIIIII 521850
' r~be3 ~ Stan CC rc +o, ~IIIIIIIIIII IIIIII VIII III VIII IIII IIII 039r.. 3 0{ 8
ITKIN COUNTY ~p X16/2006 01.08{
E Rcmainin R e.ee o e.ee
~ g oak brush, serviceberry ur chokecherry stumps shall be
herbicide to prevent re.^.prouting.
F~ Thu Applicant shall be responsible for the continued Painted with Gazdon
~ vegetation requirements. maintenance of the defensible space
G• These standards may he varied by staff in consultation with a wildfire ex
landscape Plan is submitted for review.
pert when a
9• The Applicant shall com 1
A• Roofs shall be constructedtwlth a Class Adroof assembly me
mitigation standards:
13• Roofs w'th
C.
D.
E.
F.
G.
H.
I.
I.
J.
K.
L.
M.
t less than a 3;12 pitch are not perTnitted unless they com 1
a. Al] roof coverings shall be noncombustible materials
roof assembly P y with the following;
b• All roof cove ' and installed on a Class A
clearing the roof.
r-mgs shall have a surface that shall facilitate the natural process of
c• All roof designs shall facilitate the natural process of cl
Protrusions above the roofline, such as parapets, shall be
d• Roofs shall be ~ ~8 roof debris.
installed as required by the adopted boil Prohibited.
a minimum slope of 1:48. ding code and s
e• All roof desi hall have
gns, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshal prior to submittal of a buiiain
£ Vents shall be screened with corrosive resistant wire mesh ,
maximum g Permit application.
Roofs and gutters shall be kept clear of debris. ~~ mesh /. inch
Yazds shall be kept cleaz of all litter, slash, and flammable debris.
All flammable materials and firewood;'wood piles shall be stored on a
minimum of 15 feet away from any structure.
Weeds and grasses within a 10 foot e ' Pazallel contour a
height ofnot more than 6 inches. P rrmeter of all structures shall be
Swimming pools or ponds shall be accessible to Fire De m~tamed to a
Fences shall be kept clear of brush and debris.
Wood fences shall not connect tot pent vehicles.
Fuel tanks shall be ' he structure.
installed under_*round with an approved container.
Propane tanks shall be installed accordin to \'FP
from the structure with standard defe e A 48 s
tandards and on a contour away
above-ground t risible space vegetation mitigation aro
~`• Any wood enclosure around the tank shall be cons and any
materials approved for: hour fire-resistive construction on the exteriorvs de of the walls.
Each structure shall haee a minimum of one 10 pound a
placed in a visible and accessible location.
Addresses shall he clearly marked .,,.;t PProved AgC foe extinguisher
visible and installeti un a nun-cnn:~u;hh~ ~nch non-combustible letters
.'Vew utilih' lines shall he huricti ~,1~ ;~; post. and shall be
t n thc;jr;~,cwav.
IU. flrc Applicant shall cutmpl}' with the lbllnu~i;
rncas.un••. ;c. mntgate impacts to wildlife:
;1. Adhere to all conditions r~utlined in F'.~,ulu~u~n ;-q -q
f3. liPon ccruficatc ofoccup;tnn~, :hc ap;.iir.:nt ,h:,ll rc:nm-~ ;
buiidinc cmclc~pc and ,boll cc,rn,n;•. .~;.,
Land f 'tie (.udc.
~1~~"~~~Irlli(c tornpauhictfonu~Un~ing uuuadc the
t ~~ati.t .c;~c:ntu~n .ic~il he :,~:, 6.tandarris, in the
r..,.. .
0L'U031
Pa,~cr4j~ r)/~L'cr Dc[crmmatiun Nr~2t'I(IG IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 521850
CpU01LL PITKIN COU IIIIIIIIIIIIIIII Page. 4 c! 6
03/16/2006 01:0ai
R 0'00 D 0.00
D. Silt fencing should be installed alon
creek from construction 6 S°O~ass Creek to
F• All horse ha prevent sedimentation into the
y should he fenced with 8' mesh game proof fencin to
damage by big game and minirize an attractant for big game alon
F. Install and use bear roof g mmtmlze game
G. Fruit, nut, or be P trash containers, as required by BOCC p g a county road.
H• Round handled oproduciag trees or shrubs should not be rdtnance No. 010-2001.
doors. knobs should be used for all outside ~~ In the landscape plea.
1• Bird feeders, ' do°m'~t~d of lever handled
decks, be at leastl 10' f ~mmingblyd feeders, should be hung awn
feeders should have a seed the mound, and suspended betty y from any wmdows or
J~ All horse Pan to catch discarded seeds een Z ~~ or posts, All seed
grains, pellets, cookies should be stored in bear resistant containers.
I I . The Applioaat shall sub
aPProval by the o~~ t O1Dgphance ith the Cot nt),'s ll~t oa' ~e and number of exterior
fixtures. Exterior li ~' Development Depaltmen ~ mg 1e8~ations, for review and
of the residence, exchUng steal] be Prohibited ~ Prior to installation of exterior lightin
along the driveway and on the north and w g
the building code. ePt the ~~~ necessary to comply with h est facade
ealth and safety requirements of
]=• ~o development, including, gredin
Vegetation removal or disturb g' excavation, fill placement, bermin
-~ building envelo e. ~Ce' entry °r ranch gates shall o g' l~~~P~g,
P The only activities that may occur wi cctlr °ntside of the a
Vegetation matupulation to com 1 thin the landsca a PProved
herein and plantings to provide c ree ~ the wildfire hazard P envelope are
wild$re mitigation mng of the residence ~ttgation measures contained
measures). (subject to compliance with the
]= Areas disturbed b}~ construction shall be revegetated to
runoff tv{tom one crowing season after completion of conmsttruction.co
nsumption and additional
I't' The exterior of the -esidence and a '
earhtone (blend with the colors of~culturaL'CDU outbuilding shall be
maze::als. Tintin the natural sulroundin finished in nature]
minimize the r eflec~i itt of these se coatings shall be a g eII"ironment) and non-reflective
ur{aces. PP~ed to all north facing windows to
I" TFte Applicant shall comply with the codes and re
District and the speci;ic conditions outlined below ,a,rements of the Basal[ and
~` A minimt:.m 16' w hich include: Rural Protection
~~ ide access for fire trucks.
1n °° titre -.OpU gallon storage structure for «•atcr accessible to the Firc De
P. :~11 huildir._s in excess of SOOG ,yuare feet shall he sprinkled with an a
~pnnlacr' ~ stem rnccrnc the ! glides of the Basalt and R Partment.
t> :ldhcmnce tr, ail ~t ildfirc and acce-;•, improtement conditions bindin topheved automatic
teal Fire Protection District.
,nalincd n the Lmd-Kc,ppci I'r,rtc~~u'•e Gn•cnants (Reception No. 5193C>6 .
g pmpcrry
i o The ap~~licant ~•hall .,,iherc ic, t!,c fi,ll,~u~inu ~cuu,rcmcnt'• to re•mrds to the C I
I],~,,,, cai(Jtt i. i
f::,ll _,,, -, ~,~ ~~ ~ t r t ne't lip iltlc •,yuarc feet of fluor arch, Ahich
i,:~ll r , . ~"~ ,i it ~ is 'l. ~„r ,rr ,for the lut. The kitchen Inr the (:IJIi
~, :. rat r ~ ~ '~"~I <~n. ~.t:,nclard •.
.ink, and nt Ic:rd .: ~, ~uh,c
- ~•,: .. ri.,,t t..I rrcl
parkin} •, p;,cc r.hal i,c•
OL'~i032
Hearin~~ Officer (~ererrninarion Nu1,~_1U(lrr
Page S
provided for each bedroom in the CDU. The floor plan for the CDU shall be submitted to
the County Housing Office for review and approval prior to issuance of a Building permit
for the CDU.
B. The deed restriction for the CDU shall be recorded prior to issuance of the building
permit for the CDU, provided, however, that if the CDU is to be used as the primary
residence on the property prior to construction of the ultimate primary residence, then
the deed restriction for the CDU shall be recorded prior to issuance of certificate of
occupancy for the ultimate primary residence.
C. A copy of the floor plans shall be provided to APCHA.
D. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy,
County Housing Office staff shall be entitled to conduct an inspection of the CDU for
compliance with the above-referenced requirements.
17. The request to vacate the fishing easement has been withdrawn,
18. Failure to comply with these conditions of approval may result in revocation of this permit or
any subsequent permits related to this property or vested rights associated with this property.
19. 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.
20. Starutory vested rights for the approval contained herein are /
` ~ County Land Use Code and Colorado Starutes, subject to the~xeeptions~ set fbtith ~ Pitk~in
\Cf_ ~ County Land Use Code, § 4-140 and C.R.S., § 24_68_ 105. The statutory vested rights granted
herein shall expire on February 15, 2008.
IIIIIII VIII IIIIIIIIIIII_lllirllllll VIII III VIIIIIII IIII 039 fi800o6 01:
c0ur,7v „0 R 0.00 08r
D 0.00
Q~~l~}33'
Hearing Ojfic•cr Determinutir~n Nr~ZlIOG
Page G
NOTICE OF PUBLIC IIEAItINC PUBLISHED IN TIIE ASPEN TIMES WEEKLY on the 221° day
of January, 2006.
APPROVED AND ADOPTED this 28"' day of February, 2006.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the ~ day of~~~, 2006.
COMMIJNTII' DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
~CTrt-rltD (~apC~f Q~.~
Bo.....e ~;/aechtl~ , Adm~~ istrative .Assistant
APPROVED AS TO FORM:
John Ely,
Co rnev
PII~'_645 ] 1101001
P..6-05
By -°
James R True, Hearing Officer
Date v ~
APPROVED AS TO CONTENT:
~a ~ ~ ~ ,fwc~t
Cin y ouben,
Community Development Director
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PLANNING & REAL ESTATE CONSULTING
July 23, 2007
Lance Clarke AICP
Planning Director
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO. 81611
RE: Cash in Lieu Payment for Lind-Koppel Subdivision for Scott Coles
Dear Lance:
This letter is to confirm our discussions ~.vhere you agreed Pitkin County would accept a cash in
lieu payment to meet the employee mitigation requirement for the Lind-Koppel Subdivision. The
protective Covenants for Lot 1 Lind Koppel Subdivision aze found in Attachment 1. Section
2.13 of the Covenants titled "Optimal Mitigation of Employee Generation" states that the Owner
will acquire a two bedroom or lazger free market residential unit and convert the free market unit
to Category 4 deed restricted sale housing prior to issuance of a building permit for the
construction of the single family dwelling unit on the Lind-Koppel property. The Lind Koppel
Subdivision was approved for additional floor area through Growth Management and the housing
commitment was a condition of the approval reflected in the Protective Covenants.
As you have agreed to a cash in lieu payment in lieu of the Owner purchasing and converting a
free mazket unit, the current owner, Scott Coles, is prepared to make the payment right away so
he can pursue a building permit for the Lind-Koppel property.
According to the 2007 Aspen/Pitkin County Employee Housing Guidelines; the cash in lieu
payment for a Category 4 unit is $ 126,420.00 per employee. A two bedroom unit houses 2.25
employees, therefore the total cash inlieu payment is $284,445.00 ($126,420.00 x 2.25). Coles
is prepazed to make the $284,445.00 cash in lieu payment through a cashier's check to the Pitkin
County Finance Director as required in the Employee Housing Guidelines. Cindy Christensen
has verified that this is the appropriate mitieatio^ fee for a two bedroom Category 4 employee
housing unit. Please sign to acknowledge you agree with the cash in lieu payment ~.r.d Coles will
submit a check to the Finance Director. Thank you. Please call if you have questions.
Sincerely,
DAMS HORN INCORPORATED
~~~~ ~~._
GLENN HORN AICP
Pa~~c I u(
ALICE DAVIS AICP S GLENN HORN AICP
21 5 SOUTH MONARCH ST ~ SUITE 1 04 ~ ASPEN, COLORADO 8 1 61 1 ~ 970, 925-6587 ~ FAX: 970. 925-51 80
adavism raf.net ghorn~~r.rof.net
Ci3U03G
Signature indicates agreement to a cash in lieu payment
for the Lot 1Lind-Koppel Subdivision Property:
PITKIN COUNTY PLANNING DIRECTOR
~a~4,yys.~~
ve~e,.ed
G~vt~e ~~ ~(3~~~7
ANCE CLARKS AICP
co: Cindv Christensen
Paec 2 of 2
iiu037
ATTACHMENT
412613 01/23/1998 10:39q RESOLUTI DgVIS SILVI
1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNiY CO
RESOLUTION OF TILE IiOARD OE COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GI(A!V'I'1!VG APPROVAL OF A MAJOR PLAT
AMENDMENT TO LOT 1, LIND-ICOI'I'1?L SUBDIVISION FOR THE PURPOSE
OF EXPANDING THE BUILUIN(; ENVELOPE AND RE-ALIGNING THE
DRIVEWAY
Resolution No. 97- ~~' 6
REC- ITS
`~
~~
1. Marta M. Chaikovska and F rank F,. 1'etcrs (hereafter "Applicants' have applied
to the Boazd of County Commissioners of Pitkin County, Colorado, (hereafter
"Boazd") for a Major Plat Amendment to expand the building envelope and to re-align
the driveway.
2. The property is described as Lot I, Lind-I;oppel Subdivision.
3. This application was reviewed by the Planning and Zoning Commission on May
14, 1997, at which time they recommended approval of the application subject to
conditions.
4. The Boazd reviewed this application at their regulaziy scheduled and duly noticed
public hearing on July 23, 1997, at which time evidence and testimony was presented
with respect to this application.
NOW, THEREFORE, BE IT RESOLVED by the Board that it hereby approves
the Lind-Koppel Subdivision Major Plat Amendment subject to the following
conditions:
1. Prior to issuance of any building permits, the applicant shall submit an amended
subdivision plat for recording which meets the approval of the Cumtnunity
Development Director. O use F ~ r•5-e +~..~.,iwd c-( Pt.,c-r -at- IJ ~ 6 P- 33
2. The building envelope shall he placed at Icast 10 feet from [he "top of bank" ur ~Jne
from existing riparian vegetation. ~chichcvcr distance is greater. ,,,~.
Sew- Pt
3. The new driveway alignment .,hall minimize disutrhance w existing vegetation .e (~,,,,~ ~wr
and shall he screened with a mi>:uirc ul :rpprur:intatcly 5t1 blue spruce and seedless
cottonwoods prior to issuance ~rl a ccrtilicate ~.I ~~ecupancy tiu ^ new residential ~~ ~ ~ e-~
structure.
S ~ -r e
plw,
re~.,~~s
i~~uU3b
Resolution Nu. 97- ~~i7liJ I II'lll "III "I"I IIII"III'I'll' I'I"I III "II' II'~ I"I
~-'~ Page 2 4 of 2 R 0.00 O 0.00 N 0.00 PITKIN COUNTY e0
4. The old ranch road shall be removed and re-vegetated prior to issuance of a
_7 certificate of occupancy for a new residential structure. ~ ~e-
5. Bear-proof garbage containers shall be used. .a-
6. All previous conditions of approval for the Lind-Koppel subdivision not
,/~ specifically modified herein shall remain in full force and effect.
~~`
7. No development other than the driveway and associated landscaping shall be
allowed outside of the estahlished building envelope.
8. The applicant shall adhere to all representations and commitments made in
reference to this project.
APPROVED AND ADOPTED ON THE 23RD DAY OF NLY, 1997.
Notice of Public Hearing Published inthe Weekend Edition of
Aspen Times on the 21st of June,
ATTEST:
APPROVED AS TO FORM;
-~~.
~_.~~ ~~
John Ely /~ ,
Cuun tbrncv
Case Nu. PIG-97
ParcellU No. 2645-11I-UI-p01
the
1997.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY COi.(]R~ann
By
Date
APPROVED AS TO CONTENT
-~ is Rio .g7
Gndy Houben
Community Development Director
ii U ~ .~,h
~r
ATTACHMENTS
~~corri~~dat~ ~~n'clo-'t~~~ '•~ ~~~ ~
RESO LIJTIO77 OF 'CITE 6OAltb OP rOiJi~Ty CGMMISSIONEIL';
OF pITKIN COUNTY, COLORADO GRANTING GENERAL SUBMISSION AND 1041
III.ZARD REVIEW APPROVAL OF TIfE LIND/KOpPEL hOW IMPACT SUBDIVISION
Resolution No. 89-~
WHEREAS, Barry ~. Lind and Allan Ko el,
PP hereinafter
"Applicants", have applied to the Roard of County Commiscioners
of PitY.in County, Colorado, hereinafter "Board", for General
submission approval of a Low Impact Subdivision and 1041 F.a zard
Review for Wildlife, Wildfir= and Geologic; and
WHEREAS, the property is approximately 113 acres, zoned RS-
30 PUJ and 'is located in Snowmass Creek Valley, east of Snowmass
Creek Road, more specifically described in Exhibit "A" actached;
and
WHEREAS, this proposal is to create two (2) free-market lots
with deed restrictions of 75 acres for wildlife; and )
WHEREAS, the Board heard this application at their regularly ' a
scheduled p'lbiic meeting on July 25, 1989, at which time evidence
and testimony was presented with respect to this application; and 1
WHEREAS, the Board finds that the Applicants have complied
with the General Submission criteria for an Low Impact
Subdivision and 1041 Hazards for wildlife, Wildfire and Geologic.
i
NOW, THEREFORE, BE I1' NESO LVED by the Board that it does
1
hereby grant General submission and logl Hazard Review approval ~~~
to the applicant subject to the following- conditions:
1041 Environmental Hazard ,
Wlldllfe:
~~uJ4a
~~- ~'~'~ ~..~_ 3~
Resolution Ho. 89-~
Page 2
~ S r\ 1.
` Dogs shall b= prohibited in this project. ^he
_
ri-b ~T
7 applicant shall incorporate this prohibition into its
~h`, lease oyreement with tenants.
2. All new fencing to be 42" high, three strand smoo t.i
wire, or split rail.
flan ~ 3. A fishing easement extending from the center line five
~wr' feet horizontal above the high water line shall be
providad al
th
ong
e east side of Snowmass Creek and
-L~ ~ ~ ~ shall be granted to the County upon approval of this
application.
4. Thy riparian habitat of Snowmass Creek shall be left in
DJn ¢ its natural state. Any activities within the riparian
zo
h
ne s
rill comply with the requirements contained in
Section 5-400, areas and activities of local and state
interest of the County Land Use Code.
Wildf ire:
1. To mitigate fire hazards, the applicant shall consider
installing interior sprinkler systems or providing
~r ~ auxiliary water storage for fire fighting purposes. In
any event, the applicant shall adhere to the guidelines
contained in the Colorado States Forest Service booklet
"Wildfire Safety Guidelines for Rural Homeowners".
GEOlogic:
i. Site specific soils engineering shall be required for
p ~~ each home to insure proper Foundation design and to
Nj P s account fcr potential high ground water.
2. The soils en3i reer shall also recommend the proper set
~ o ba cl: from the stream bank based on the final location
and design of the home.
7- An engineered waste disposal system shall be designed
~ P and approved by V e Environmental Health Depar t:~e nt.
4. The driveway shall be designed by a professional
p P engineer.
5. Each home shall be designed toward mitigating trio
~ P potential for radon gas accumulation.
5. An encroa~~; a„^nt permit shall be applied fo~ by tti~
appl ic;int .~h e,i ~-cnst ruction of the occess ma9 to
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Resolution No. 89-~
Page 7
~• The proposed driveway sha 11 not exceed County width
standards of e to 16 feet of d.-iving surface.
Low Zmpact Silbdivi~ion-
1• The applicant shall vegetate all areas disturbed by new
construction and removal of the existing residence.
z• Any and all utilities to the proposed building envelope
shay. be buried along thra driveway alignment.
7. Applicants shall adopt covenants which are intended to
minimize interference with agriculture and wildlife,
including, but not limited to provisions for adequate
water rights, prohibition of dogs, and maintenance o`.
fencing between residential and agricultural uses.
4• The applicant shall remove the existing single-famill•
residence prior to occupation of the proposed single-
family residence for the Lind building envelope site if
the existing residence is not zoned PMH lot/unit..
5. The applicant shall' deems restrict for preservation of
Wildlife and against development a minimum of 75 acres
of land. This land shall be located within the 100
year floodplain and east cf Snowmass Creek.
6. The applicant shall grant the County a 10 font width
right-of-way along the portion of Snocmtass Creek Road
as it passes by their property,
~• The applicant shall vegetate the sides of the driveway
to reduce the visual impact.
8• All mat_rial representations made by the appl; ant in
the application and at the public meeting sY.a11 be
adhered to unless otherwise amended by other conditions
and reviewed by the Planning and Zoning Commission and
Board of County Commissioners.
°- The applicant shall maintain historic water rights
sufficient for agricultural and existing vege tat ion
_, purposes.
10. 'The applicant shall consider zoning the existing home a
PMH lot/unit.
11. The applicant shall provide inro rma cion showinu th.it
this parcel of L mci ~.as cenfiqured as of ,lanw~r-~, i
t~~~0442
Resolution No. 89-~7
Fage 4
i987 as requirea in Section 4-6.1 (C) (vii) of the Low
Impact Subdivisions regulation of the Land ^se Code.
APPROVED bf the Board at its regular meeting cn Jul} 25,
1989.
BOARC OF COUNTY COMMISSION
OF PITRIN COUNTY, COLORADO
~~~ - y~ ~
Colette Penne, Chairman
ATTEST: ]
eanette'Jone ,
:/Deputy count¢ Clerk
APPROVE6 AS TO FORM:
Thomas F. Smith,
County Attorney
APPROVED AS TO CONTENT:
/ ,
Thomas M. ker,
Interim Planning Diractor
1
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h par eel of land situated In Sections 1. 2, 11 and 1'[, 'lovn•_ty F.
9 SouCb. Itange 9G Wext of the 6LU 1'. ti.. more fui]_r ~lesc: il~ed as
Lolluwt:
Eeainninq at a point whence the W.W. corner oC said Srction ?
bears tJ 53°18.72" W 5007.39 feet;
'Thence S 59°05'00" E ?05.23 feet;
'1'Itence West 104.11 feett
Thence S 28°47'00" E 1092.40 Ceet:
'11+ence S 51°52'00" E 200.60 Ceet;
'1'l+e+tee 5 02°45'00" W 132.10 feet;
'L'l+ence S 41°~i3'00" E 102.00 feet:
11+ertce tJ 73°3['00" E 153.90 Ceet;
Thence S 51°.`.2'00" E 254.20 feet;
TJ+ente 5 10°04'70" E 489.90 CeeC;
11te++ce S 06 °20'00" E 882.20 feet;
Thence _°• 07°17'00" E 625.38 feet;
'I't+=nee N 89°59'11" W 505.68 feet tt. fau++d rehar and cap. L.S. 90301
'!'hence 5 84°53'52" W 129.45 feet to a point on an existing Ience;
1ltertce zlottq said fence N 09°54'00" LJ 1248.76 feet to tt3e end
of said fencer
~•~ -'1ltence°~S 85°46'09"-W .27.95 feet to the ~centerIine~ of the count;
road;
1'heri_e along s.iid centerline the following courses and distance=.
tl 12°?8'01" W 437.24 Ceet:
:hence 192.57 feet alenq a curve to the ri~7ht having a radius
oC 299,20 feet <the chord of which bears N OS°54'19" E 189.F2
feet):
'ITtenre N 24°7.6'3E" E 344. US feet;
'thence 177,18 f°et along a curve to the left having a radius oC
408.92 feet Ithe chord of which bears IJ 12°01'53" E 175.79 feetY;
't'l+ence N v0°22'S2" W 2061.83 Ceet;
'1't+ence 212. Z6 feet along a curve to the left Roving a radius of
222.77 Ceet )the chord of which bears 1J 27°43'37" 4J 204.30 feet):
The nee N SS°04'22" 4J 60.00 fret; -
Thence IJ 54°06'10" W 314.DJ feet:
'1'irerrce N 47°00'00" r 188. DU feet;
'f"hence S 88°01'07" E 238.68 fret to the point: of :~eyinr.ing.
Cor!nty of PItI:Lr. El'..=.Le c:i Colorado
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RECEPTIONN: 556325, 02/10/2009 at 10:44:51 AM, 1 OF 5, R $0.00
Jani.:e K. Voa Caudill, Pitkin County, CO
ATTACHMENT 9
DETERMINATION OF 771E HEARING OFFICER OF TI[E COMMUNITY DEVELOPMENT
DEPARTMENT OF PI77CIN COUNTY, COLORADO, APPROVING THE CREEKSH)E SITF,
PLAN REVIEW, MINOR AMENDMENT TO A UE VELOPMENT PERMIT, AND A
SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT
Hearing Officer Determination No. ~-2009
RF,CITALS
Creekside at Old Snowmass LLC ("Applicant") has applied to the Community Development Director
("Director") of Pitkin County, Colorado for a Site Plan Rcvicw, a Minor Plat Amendment to a BOCC
approved subdivision, and a minor amendment to a development permit to accommodate a range of
development activities associated with an approved residence and as part of GMQS covenants
approved in 2002 for additional residential Floor arca. An objection was filed during the public
notice period and pursuant to Section 2-20-170(4xc) of the Code, the Pitkin County Hearing Officer
("Hearing Officer") heard the request. These requests include:
A. Establish an envelope for construction of a fire suppression pond at the intersection of the
access drive and Snowmass Creek Road located within the newly dedicated non-
development area;
B. Establish an envelope to construct a wildlife pond in the newly dedicated non-
development area;
C. Create an envelope for a septic field located within the previously approved wildlife non-
development area;
D. Amend the previously approved plat to show [he newly dedicated non-development area;
E. Establish an envelope around the existing driveway and driveway improvements, new
location of the well, and landscaping;
F. Establish an envelope for fill placement resulting from construction of the property's
improvements (pond, residence, etc.) along the western property line, just north of the
existing access located within the previously approved wildlife non-development arca;
G. Fulfill a GMQS commitment to dedicate to Pitkin County a 30' Right of Way for
Snowmass Creek Road.
2. The Lot is legally described as Lot 1 of the BOCC approved Lind-Koppel Subdivision. PID#: 2645-
111-01-001.
3. The Lot contains 75.65 acres according to the Pitkin County Assessor and'is conforming size in the RS-
30 zone district
4. A subdivision conceptual submission and 1041 Hazard Review was approved pursuant to BOCC
Resolution 89-74 (Book 599 Page 31, Rec. No. 313955). The final subdivision plat and requirement for
a deed restricted Employee Dwelling Unit (EDU) was approved pursuant to BOCC Resolution 89-128
and was recorded at Book 614 Page 973 (Rec. No. 319792). Approval For a major plat amendment for
an access realignment and expansion of a previously approved building envelope was recorded as
BOCC Resolution 97-166 (Rec. No. 412813). This Resolution re-established the residential building
envelope in the southeastern portion of the subject parecl. Pursuant to BOCC Resolution 98-98, the
applicant gained approval to demolish an existing EDU and reconstruct a new unit to live in while they
constructed their main residence. In 2002, the applicant successfully competed in the Planning and
Zoning Commission Rural GMQS competition for additional floor area. The applicant was allotted an
additional 5,500 square feet of floor area and was recorded a[ BOCC Resolution 081-2002. Most
Lo ii)1:1~tJ
RECEPTIONN: 556325, 02/10/2009 at 10:44:51 AM, 2 OF 5,
Janice K. Vos Caudill, Pitkin County, CO
J(earing Officer Determination No. ~-2009
Page 1
recently, the Applicant received 1041 Hazard Rcvicw and Special Review for a CDU approval pursuant
to 08-2006. 'Ihe 1041 Hazard Review site plan was not recorded for this approval.
5. The Hearing Officer considered this application at a duly noticed public hearing on January 20, 2009
and continued the request to a Special Meeting on January 26, 2009 at which time evidence and
testimony were presented with respect to this application.
6. The Hearing Officer has taken the objections into consideration and finds the objections are either
denied or are addressed herein.
7. Pursuant to Section 2-20-170(b), this approval will not re-vest previous land use approvals.
8. The Flearing Officer finds that the property has the ability [o locate residential development in
compliance with Site Plan review. The amendment to the envelopes, creation of new envelopes, and
alterations to the recorded plats are in compliance the standards set forth in the section 2.20-I50(b)
and 2-30-20(8)(5).
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Creekside at Old Snowmass LLC Site Plan Review, a
Minor Plat Amendment to a BOCC approved subdivision, and a minor amendment to a development
permit subject to the following conditions, which shall run with the land and be binding on all successors in
interest.
1. The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. No calculations for height, bulk, setback, size, floor area, or any other building and caning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application might not be permitted under building and zoning regulations.
3. Prior to submittal of any permits, the Applicant shall submit for recording a covenant, acceptable to the
Community Development Department and County Attorney, prohibiting commercial agricultural
activities on the Lot.
4. The Applicant owns rights in the Walter Ditch and agrees to work cooperatively with others with
interests in the Walter Ditch to maintain the Ditch and preserve and protect water rights in the Ditch
and otherwise comply with Colorado Water Law.
5. The Applicant agrees [o join in an Association for upkeep of [he Walter Ditch in the event such an
Association is formed.
6. The Applicant shall comply wish all other previous approvals unless otherwise amended by this
approval. The Applicant did not record a 1041 hazard Review map in accordance with Condition #2 of
Hearing Officer Determination No. 08-200G. The Applicant shall record a silt plan and amended plat
UiiU~~t~
12ECEPTIONB: 556325, 02/10/2009 at 10:44:51 AM, 3 OF 5,
Janice K. Voa Caudill, Pitkin County, CO
r
Nearing Officer Determination No. -2009
Page 3
that acknowledges the locations of these envelopes pursuant to Hearing Officer Determination No. 08-
2006 in conjunction with this approval and in accordance with the conditions below.
7. Conditions 2 and 3 of BOCC Resolution 89-128 relating to deed restricted employee unit are no[
applicable. A cash in licu payment has already been received.
8. Conditions 3 & 4 of BOCC Resolution 97-166 are not applicable. Reclamation of the old driveway
has already occurted. New landscaping shall comply with the landscape plan on the approved site
plan.
9. Condition 7 of BOCC Resolution 97-166 is not applicable. All development shall comply with the
approved site plan.
10. Conditions 2.2 and 2.3 of Hearing Officer Determination 08-2006 shall be rescinded. The CDU will
be in Activity Envelope 1 on the 2009 site plan.
1 I. Prior to submission of any future permit applications, the Applicant shall be required to submit for
approval by the County Attomey and Community Development a Site Plan that illustrates the
approved building envelope in accordance with Land Use Application Manual Section 2.1.12. The
above referenced approvals shall be a condition precedent to finalization and recordation.
12. In addition, prior to submission of any future permit applications, the Applicant shall be required to
submit for approval by the County Attomey and Community Development an amended Plat that
illustrates the amended and newly created envelopes and an additional 20' ROW dedication in
addition to the already dedicated 10' ROW, in accordance with Land Use Application Manual Section
2.1.13. The above referenced approvals shall be a condition precedent to finalization and
recordation.
13. The Applicant shall obtain all necessary licenses and permits from Pitkin County for any work in the
newly dedicated ROW.
14. The Applicant shall comply with the recommendations of the HP Geotech subsoil study dated
December 3l, 2()08 regarding foundation design and high ground water.
15. The Applicant shall comply with all representations made in the Site Plan Review including but not
limited to the following:
A. Revegetation of the fill placement area with native grasses and vegetation that is consistent with the
surrounding area;
B. Landscaping that at the access point of the property shall be consistent with the 2002 GMQS
commitments;
C. Mitigate for any tree 6" d.b.h. or greater that is removed.
l6. Prior to the submission of building permit, the Applicant shall submit for recordation and approval by
the County Attorney and Community Development Director, covenants for the non-development areas
on the Lot.
~t~!J~t7
RECEPTIONp: 556325, 02/10/2009 at 10:44:51 AM, 4 OF 5,
Janice K. Voe Caudill, Pitkin County, CO
1/earing Officer De(ermrna(ron No, a-1009
Page 4
17. The Applicant shall apply for and obtain an Earthmoving Permit for the ponds, berms or and any
other re-grading work. The permit application shall include:
A. Documentation of adequate water rights. In the event that the right or physical water supply
becomes unavailable for adequately keeping the fire suppression pond full in volume, the
Applicant shall truck or haul water to the pond. The Applicant shall consult with the Basalt Fire
District to determine an acceptable level of water in the pond. The water levels for the wildlife
pond may fluctuate due to the physical water supply or right.
B. Documentation of the submittal of a Notice of Intent to Construct aNon-Jurisdictional Water
Impoundment Structure.
C. If the applicant intends to stock any pond or creek they shall apply for and obtain a Fish Stocking
Permit from the DOW.
D. Financial security may be required in order to insure that the site is revegetated to County
standards.
18. The applicant shall obtain an approved Access Permit for improvements to the driveway. The
application shall include:
A. New utility line locations, utilities shall follow the alignment of the approved driveway.
B. Applicant shall comply with the requirements of the Basalt Fire Department regarding access.
C. Structural drawings of the bridge(s) shell be provided. The design load rating of the bridge shall
be provided.
19. No development shall occur outside the approved envelopes, with the exception of vegetation
removal necessary to comply with the wildfire mitigation measures described above. No structures
shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an
Earthmoving Permit for any work outside the approved envelope.
20. 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 building envelopes. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
21. Structures to be placed in Activity Envelope # 1 depicted on the Creekside Site Plan do not break any
mapped ridgeline and satisfy "Protective Covenants in Association with the Pitkin County 2002 Rural
Area Residential Growth Management Quota System Allotment Awarded to Lot I, Lind-Koppel
Subdivision," Covenant # 2.12.1 (reception # 519365). Site development within Activity Envelope #2
as depicted on the Site Plan must demonstrate compliance with Covenant # 2.12.1.
22. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
23. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject [o the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
January 26, 2012.
PUBLIC NOTICE WAS PUBLISHED IN THE ASPEN TIMES WEEKLY on the I1'" day
of May, 2008.
~~~j~~~s
RECEPTIONtI: 556325, 02/10/2009 at 10:44:51 AM, 5 OF 5,
Janice K. Voe Caudill, Pitkin County, CO
Hearing Officer Determinotion No. ~-2009
Page S
APPROVED AND ADOPTED this 26'" day of January, 2009.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Asoen Times Weeklv on the ~ day of~~~~,,,, 2009.
ATTEST:
I 'iron ,,a ~ ,l~lc~'k Q ,~_
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
County Attorney
PIJ6-0B; PaJIt2645-111-01-001
COMMUNITY DEVELOPMENT
DEPARTMENT HEARMC OFFICER
OF PI'iKIN COUNTY, COLORADO
By s.-
mes R. Tme, Hearing Officer
Date also 9
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
0~-~~r:J
Page 1 of 1
Glenn Horn
From: Wright, Kevin [Kevin.Wright@state.co.us]
Sent: Monday, July os, 2oos s:so PM ATTACHMENT ! ~
To: Glenn Horn; michaelk@co.pitkin.co.us
Subject: RE: Lind Koppel Subdivision Lot 1: Fence Restriction
I looked over the design for the fence and believe it will be fine and meets the new code. The
important part of the design is the gap between the 1st and 2~d rail which is 18". That should be
wide enough to allow fawns and calves to get through. If you need anything more, give me a
call.
From: Glenn Horn [mailto:ghorn@rof.net]
Sent: Monday, July 06, 2009 11:27 AM
To: Wright, Kevin
Cc: 'Michael Kraemer'
Subject: Lind Koppel Subdivision Lot 1: Fence Restriction
Kevin:
I have attached a pdf fle which shows the dimensions of the fence that we are planning to erect on Lind
Koppel Subdivision Lot 1. This is the property located just upvalley of the Watson Divide Bridge on
Snowmass Creek. The original Pitkin CountylLind Koppel Subdivision Improvement Agreement restricts
fending to 42" high with three strands of smooth wire or split rail. Subsequent covenants continued to
restrict the fence to 42 inches and three strands.
I have been discussing this problem with Mike Kraemer. Mike said that we can modify the covenant if you
approve our proposed fence design which is attached. Our proposed fence complies with the Code.
If you approve of the proposed fence in the attached pdf, then please send an email back to Mike and I
stating so. I will work with Mike to change the covenant.
Thanks for your help.
You can reach me at the number below or via email.
Glenn.
Davis Horn Incorporated
Glenn Horn AICP
970-925-6587
11/6/2009
i:ull()50
~ ~~~~ ~no~~s ~~k ~~ ATTACHMENT I j
PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: Lot Xof the Lind Koppel Subdivision -Old Snowmass PID# 2645-1 11-01-001
OWNERS: 1999 RS International Trust ZONE: RS-30
REPRESENTATIVE: Glenn Horn EMAIL and PHONE: ~hi~rn u -n,xi,_n,ct 925.6587
DATE: July 10, 2009 PLANNER: Mike Kraemer, 920.5482
Type of Application: Minor Amendment to a Development Permit.
Description of Project/Development: The Applicant is requesting approval to amend certain fencing requirements in a
subdivision approval, 1041 Hazazd Review approval, GMQS commitment, and Subdivision Improvements Agreement.
Land Use Code Sections to be addressed in letter of reauest (apolicationl•
Sec. 2-20-150: Minor Amendments to a Development Permit
Staff will refer the application to the following agencies: CDOW.
Review by: Community Development Director
Public Hearing: No.
FEES: $773 (make check payable to "Pitkin County Treasurer")
Planning Office flat fee: $748 (non-refundable; based on 3 hours of staff time. If staff review time exceeds 3.6 hours, the
Applicant will be charged for additional time above 3hours at a rate of $249/hour)
o Web Technology Fee: $25
To apply, submit 2 cODleg of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. Previous Land Use Approvals (if applicable);
3. Proof of ownership of subject property;
4. Pazcel description, including legal description and vicinity map;
5. Total fee for review of the application;
6. Signed fee agreement (1 copy);
7. Consent from owner(s) to process application and authorizing the representative (1 copy)
8. Copies of this pre-app form
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE
SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IFPOSSIBLE). THE
PARCEL IDs SHOULD BE INCL UDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and staff's interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
- The Pitkin County Land Use Cade and Application Manua! es available on-line at htt~://wwrv.aspennitkin.coin/dents/7/nlannine cfin
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ATTACHMENT ~ 3
1999 RS JIVTBRNATIONAL TRUST
do Ryan Steelberg
32 Blne Reron
Irvloe, CA 92606
November 5, 2009
Mike Rtaemer
Pitkin Couoty Commwity Development Department
130 South Galena Strait
Aspen, Colorado 81611
Re: Lied Koppel Suhdivlsion Lot 1: Minor Amendment to a Development Permit
Dear Mike:
1999 RS Iatemational Trust owns Lind Koppel Subdivision Lot 1. The Trust authorizes
Davis Horn Incorporated to submit a Minor Araendmeot to a Development Permit land
use application to Pitkin County. The application seeks to update the fence restrictions
affecting the property consistent with the current Pitkin County Land Use Code.
Please contact Bart Johnson at 544463? if you have any questions.
Thanks.
Sin ly,
Internat[onal Trost
R,Y Sttxiberg
GUuJ5a
ATTACHMENT ~~"I
PITKIN COUNTY COMMUNITY DEyELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND roe eoa rr~r FEES
PITKIN COUNTY (hereinafter ^COUNt-Y•}and 1999 RS Intemadonal Trull (hereinafter •APPLICANT'} AGREE
AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Minor Amendment to n
PermU for Llnd KoooN S ~ iNsbn LM ~ (herelnafler,the'PROJECI'). Development
2. APPLICANT understands and agrees that Pi0dn County Ordinance No. Ot>8.2000 estabUshes a
fee strudure for hrrd use applica0ons and the payment of aU processing fees is a condition precederd to a
determinatlan of aPPllcat~n completeness. The fee sbudure is bred on the COUNTY'S gritty that
deveopment shall pay, in tuA, the cost of development review in the COUNTY. Fees have been set to be
correlsteM and fair ~ the public and to rened the expense incurred in providing such services to the pubic.
3. APPLICANT and COUNTY agree that because of the sae, nature or scope of the proposed
PROJECT, it may not be possible at the time of applicatlon to ascertain the tali extent of the ousts invohred in
processing the application.
shell aoalmu~ f one (CANT and COUNTY tF~ fees dtargad far the processing of land use applications
application irtdudea more than one type of land use review.
5. COUNTY and APPLICANT turtlrer agree that it is enPredk;eble for COUNTY staff to complete
P1OCe~q w Present suffident (nforma0on to Cre Planning Commission arrdlor Board of County
Commissioners to enatrle the Planning Commission arxYor Board of County Commissioners to make legally
requked flndlrtgs for protect approval, unless current bilBngs are paid in fuU prior b derision.
6. Therefore, APPLICANT agrees That in consideration of the COUNTY'S waiver of Its right to
collect fuU fees prior to a detemMnatlon of application completeness, APPLICANT shall pay a base fee in the
amount of $_,Z7,~_ which ie based on 3.8 hours d stab tkrre, and it actual time spent by staff ib Process the
appicafbn exoeeda the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additlonal lima spent Such pe payments shall be made within 30 days of
the bUling date further agrees that faYure fo 8av such accrued costs shall be grounds for
suspension of ~~AA "
PITKIN COUNTY
Cindy Houton
Community Development Director
1998 RS I/~a~rratlonal Trust
By:
Ryan Str~etberg
Print Name and Title (N applica6la)
Date: 11 /dfp9
Malting Address: 82 81ue Heron Irvine CA 92606
O~(jOSG
ATTACHMENT ~ 5
tJTTE~~++Na~(^N~l~ ~
i~!~~:y ~i'.IVt.,i 7'< a`e~NC '['~`: r~ llJ l~;~~j~^..
November 5, 2009
Pitkin County Community Development Department
130 S. Galena Street, 3rd Floor
Aspen, CO 8161 I
Re: 1999 RS Intemational Trust
To Whom it May Concern:
J. BART JOHN90N
970 5~~ ~9]B
BARTOOTTENJOHNSON.COM
Please be advised that 1999 RS International Trust is the owner of the property legally described as Lot 1, Lind-
Koppel Subdivision, County of Pitkin, State of Colorado. I copy of the special warranty deed for this property is
enclosed with this letter.
Sincerely,
~~
J. Bart Johnson
for the Finn
cc: Glenn Hom
Ryan Steelberg
420 EAST MAIN 3TREET SUITE 210 ASPEN COLORA00 BI611 P S70 534 A637 f 97~ SF4 d632 OTTE NJOHN 86:4.CpFh
DANYER ASPEN VAII 9Al:EY STEAMBOAt S?RINGS
rJiu~57
RECEPTION4: 556890, 03/0 09 at 04:36:57 PM, 1 OF 6, $31.00
DF $410.00 Janice K. Vo audill, Pitkin County, CO
Dam ~22 ~'~'l000
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
ON Often, Johnson, Robinson
p Neff & Ragonetti, P.C.
d 420 East Main Street, Suite 210
-' Aspen, Colorado 81611
N Attn: J. Bart Johnson, Esq.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is dated as of the ~ day of M ~~H , 2009,
between CREEKSIDE AT OLD SNOWMASS, LLC, a Colorado limited liability company
"Grantor"), whose street address is 0021 Bumt Mountain Circle, Snowmass Village, Colorado
816!5, and 1999 RS INTERNATIONAL TRUST ("Grantee', whose street address is 32 Blue
Heron, Irvine, CA 92606.
WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollazs ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bazgain, sell, convey and confirm unto Grantee, all of that certain real property in the County of
Pitkin and State of Colorado that is legally described on the attached Exhibit A (the "Property");
TOGETHER WITH all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever, of Grantor, either in law or equity, of, in and to the Property;
TO HAVE AND TO HOLD the Property unto Grantee forever;
AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet
and peaceable possession of the Property by Grantee, against every person who lawfirlly claims
the Property or any part thereof, by, through or under Grantor, subject only to the matters set
forth on the attached Exhibit B.
[remainder of page intentionally blank]
~- ~~U(15b
RECEPTIONII: 556890, 03/0 09 at 04:36:57 PM, 2 OF 6,
Janice K. Vos Caudill, Pi n County, CO
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the
day and year first written above.
CREEKSIDE AT OLD SNOWMASS, LLC, a
Colorado limited liability company
sy:
Name: Garre ss
Title: Manager
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~ day of
~+ 2009, by Garrett Reuss as Manager of Creekside At Old Snowmass, LLC, a
Colorado limited liability company.
Witness my hand and official seal. r~~
~Ntauamr My commission expires: ~ ~~~ ~~' ~y'''~
NOTAgy';
~.«.-
,~'UBLIC;'QO N ary ublic
s. ...••;,PP
mc~..~ 2
~~v05~
RECEPTIONN: 556890, 03/009 at 04:36:57 PM, 3 OF 6,
Janice K. Vos Caudill, Pi n County, CO
EJO-IIBIT A
to
SPECIAL WARRANTY DEED
Legal Description
Lot 1,
LIND-KOPPEL SUBDIVISION,
according to the Plat thereof recorded April 11, 1990 in Plat Hook 24 at Page 11 as Reception
No. 321683, and First Amended Plat of the Lind-Koppel Subdivision recorded October 19, 2005
in Plat Book 76 at Page 33 as Reception No. 516469 and the Second Amended Plat of Lot 1 of
Lind-Koppel Subdivision recorded February 10, 2009 in Plat Book 90 at Page 40 as Reception
No. 556326.
COUNTY OF PITKIN
STATE OF COLORADO
ena~u
A-1
~~~iEluO
RECEPTIONN: 556890, 03/04 009 at 04:36:57 PM, 4 OF 6,
Janice K. Vos Caudill, Pi~.n County, CO •
EXHIBIT B
to
SPECIAL WARRANTY DEED
Permitted Exceptions
Real property taxes and assessment for the year 2009 and subsequent yeazs, a lien not yet due
and payable.
Right of the proprietor of a vein or ]ode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises hereby granted, as reserved in United States
Patents recorded March 17, 1896 in Book 55 at Page 67 as Reception No. 58447 and recorded
March 28, 1896 in Hook 55 at Page 483 as Reception No. 58513, and recorded July 31, 1897 in
Book 55 at Page 488 as Reception No. 60776.
Right of way for ditches or canals constructed by the authority of the United States, as reserved
in United States Patent recorded December 21, 1912 in Book 55 at Page 206 as Reception No.
75810.
Restrictive Covenants as contained in Deed recorded February 4, 1983 in Book 439 at Page 968
as Reception No. 247659 and contained in Amendment to Deed recorded December 20, 1984 in
Book 478 at Page 553 as Reception No. 264862.
Resolution of the Boazd of County Commissioners of Pitkin County, Colorado, Granting General
Submission and 1041 Hazard Review Approval of the Lind/I{oppel Low Impact Subdivision,
Resolution No. 89-74 as set forth in instrument recorded August 7, 1989 in Book 599 at Page 31
as Reception No. 313955.
Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Final
Plat Approval of the Lind/Koppel Low Impact Subdivision and a Deed Restricted Employee
Dwelling Unit, Resolution No. 89-128 as set forth in instrument recorded February 6, 1990 in
Book 613 at Page 432 as Reception No. 319792 and re-recorded February 28, 1990 in Book 614
at Page 973 as Reception No. 320389.
Subdivision Improvements Agreement for the Lind/Koppel Subdivision as set forth in instrument
recorded April 11, 1990 in Book 617 at Page 978 as Reception No. 321684.
Fishing Easement Agreement as set forth in instrument recorded April 1 I, 1990 in Book 617 at
Page 983 as Reception No. 321685.
All matters shown on the Lind-Koppel Subdivision Plat recorded April 11, 1990 in Plat Book 24
at Page 11 as Reception No. 321683, and First Amended Plat of the Lind-Koppel Subdivision
recorded October 19, 2005 in Plat Book 76 at Page 33 as Reception No. 516469.
Agreement by and between Barry Lind and Fred R. Feitshans et al as set forth in instrument
recorded May 31, 1991 in Book 647 at Page 414 as Reception No. 333145.
..,~,..
B-1
~~u!;6 j
RECEPTIONM: 556890, 03/04 09 at 04:36:57 PM, 5 OF 6,
Janice K. Vos Caudill, Pin County, CO •
Agreement and Grant of Easement by and between Barry J. Lind and Fred R. Feitshans, III and
Raffaella DeLautentilis as set forth in instrument recorded May 31, 1991 in Book 647 at Page
419 as Reception No. 336146.
Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting
Approval of a Major Plat Amendment to Lot I, Lind-Koppel Subdivisions for the Purpose of
Expanding the Building Envelope and Re-Aligning the Driveway, Resolution No. 97-166 as set
forth in instrument recorded January 23, 1998 as Reception No. 412813.
Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting
Approval for the Lind-Koppel Minor Amendment to a Development Permit, Resolution No. 98-
98 as set forth in instrument recorded Junes, 1998 as Reception No. 417806.
Resolution of the Board of County Commissioners of Pitkin County, Colorado, Allocating Rural
Area GMQS Allotments for Additional Floor Area, Resolution No. OB1-2002 as set forth in
instrument recorded May 30, 2002 as Reception No. 468085.
Protective Covenants in Association with the Pitkin County 2002 Rural Area Residential Growth
Management Quota System Allotment Awarded to Lot 1, Lind-Koppel Subdivision as set forth
in instrument recorded January 6, 2006 as Reception No. 519366.
535389.
Community Development Department of Pitkin County, Colorado, Approving the Stephi
Holdings LLC 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, and
Special Review for a CDU, Determination No. 08-2006 as set forth in instrument recorded
March 16, 2006 as Reception No. 521850 and rerecorded March 14, 2007 as Reception No.
Findings and Order Concerning the Inclusion of Lands in the Basalt Water Conservancy District
recorded May 8, 2007 as Reception No. 537453.
Memorandum of Water Allotment Contract by the Basalt Water Conservancy District recorded
May 30, 2007 as Reception No. 538358.
Holy Cross E]ecVic Association Inc. ElecVic Utility Easement Agreement recorded July 31,
1999 as Reception No. 420107.
The flow of Snowmass Creek crossing over subject property.
Decision No. 01-2009 by Pitkin County Approving a Minor Amendment to a Development
Permit recorded January 16, 2009 as Reception No. 555807.
All matters shown on the Second Amended Plat of Lot 1 ofLind-Koppel Subdivision recorded
February 10, 2009 in Plat Book 90 at Page 40 as Receptlon No. 556326.
BB]6]~.3 B-2
~u1JD62
RECEPTIONii: 556890, 03/04 009 at 04:36:57 PM, 6 OF 6,
Janice K. Voa Caudill, Pi~.n County, CO
All matters shown on the Overall Site Plan Plat of Creekside at Old Snowmass recorded
February 10, 2009 in Plat Book 90 at Page 42 as Reception No. 556327.
Hearing Officer Determination No. 2-2009, by Community Development Dept of Pitkin County
recorded February 10, 2009 as Reception No. 556325.
Any rights, easements, interests or claims which may exist by reason of or reflected by the
following facts shown on the survey dated Jan. 19, 2009 by Schmueser Gordon Meyer:
underground irrigation pipe to the adjoining land owner to the north of Watson Divide Road and
all Ditches shown.
Itl6)l]
B-3
li~l~(i~i'~
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
December 10, 2009
Glenn Horn
215 South Monazch Street, Suite #104
Aspen, CO 81611
ghom@rofnet
Re: 1999 RS International Trust Minor Amendment to a Development Permit
(CASE Pi18-09; PID 2645-111-O1-001)
Dear Mr. Horn:
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.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Colorado Division of Wildlife
FROM: Mike Kraemer, Community Development Department
MichaeLkraemer~co.pitkin.co. us
Re: 1999 RS International Trust Minor Amendment to a Development
Permit
(PID 2645-111-O1-001; Case P118-10)
DATE: December 10, 2009
Attached for your review and comments are materials for an application submitted by
1999 RS International Trust. The Pitkin County Community Development Director will
review the application.
Please return your comments to me by Friday, January 8, 2010.
http://www.aspenpitkin.com/Portals/0/docs/county/Com%20Dev/Plannin /~ Use Ap
plications/P118 09 apo.pol'
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie.waechtler(c~co.pitkin.co.us or 920-5109.
Thank you.
STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Thomas E. Remington, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
wildlife.state. co. us
December 30, 2009
Pitkin County Community Development
130 S. Galena
Aspen, CO 81611
RE: 1999RS International Trust Minor Amendment
Dear Mike:
/~~v.?`
~ y
q
l~~ OF ~v
For Wildlife-
ForPeople
The Division supports the minor amendment to the development permit to bring the fencing requirement into
compliance with the current land use code. The proposed changes to the SIA and protective covenants to follow
the language outlined under section 7-20-70.C LUC will be better for wildlife than the previously approved
designs.
Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright.
Sincerely,
~~
ferry Wil
Area Wi dlife Manager
Cc: R. Velarde, K. Wright, file
DEPARTMENT OF NATURAL RESOURCES, James B. Martin, Executive Director
WILDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vice Chair • Dennis Buechler, Secretary
~~ / Members, Jeffrey Crawforci • Dorothea Farris • Roy McAnally • John Singletary • Mario Smith • Robert Streeter
Ex Officio Members, James B. Martin and John Stulp
Michael Kraemer
From: Wright, Kevin [Kevin.Wright@state.co.us]
Sent: Monday, July 06, 2009 5:50 PM
To: Glenn Horn; Michael Kraemer
Subject: RE: Lind Koppel Subdivision Lot 1: Fence Restriction
I looked over the design for the fence and believe it will be fine and meets the new code. The important part of the
design is the gap between the 15` and 2"d rail which is 18". That should be wide enough to allow fawns and calves to get
through. If you need anything more, give me a call.
,.~ ~~-~_ w..~._ , ~__.,,~., ~..,..... _~.~ .~,.~ ~.~~..~e, ~....~.. .~~.
From: Glenn Horn [mailto:ghorn@rof.net]
Sent: Monday, July 06, 2009 11:27 AM
To: Wright, Kevin
Cc: 'Michael Kraemer'
Subject: Lind Koppel Subdivision Lot 1: Fence Restriction
Kevin:
I have attached a pdf file which shows the dimensions of the fence that we are planning to erect on Lind Koppel
Subdivision Lot 1. This is the property located just upvalley of the Watson Divide Bridge on Snowmass Creek. The original
Pitkin County/Lind Koppel Subdivision Improvement Agreement restricts fending to 42" high with three strands of smooth
wire or split rail. Subsequent covenants continued to restrict the fence to 42 inches and three strands.
I have been discussing this problem with Mike Kraemer. Mike said that we can modify the covenant if you approve our
proposed fence design which is attached. Our proposed fence complies with the Code.
If you approve of the proposed fence in the attached pdf, then please send an email back to Mike and I stating so. I will
work with Mike to change the covenant.
Thanks for your help,
You can reach me at the number below or via email.
Glenn.
Davis Horn Incorporated
Glenn Horn AICP
970-925-6587
/~//
PITKIN C,~,'UNTY COMMUNITY DEVEL(~MENT
Permit Receipt
RECEIPT NUMBER 00028550
Name: Ryan Steelberg Date:11/12/2009
Project Address: 3500 SNOWMASS CREEK RD
Type:
check # 7486
Permit Number
0118.2009.PLAN
0118.2009. PLAN
Fee Description
PP- Flat Fee
PP-Clerk Tech Fee
Total:
Amount
748.00
25.00
773.00