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HomeMy WebLinkAboutpitkin.planning.246513100002 DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW 1N 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) RECEPTION#: 566259, 01/15/2010 at 04:19:08 PM, 1 OF 75. R 50.00 Doc Code RESOLUTION Janice K. Yos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COl COLORADO APPROVING THE GRANGE FAM..._ ..._.......-.. ___ __ _.. __ ____ PRESERVATION MASTER PLAN AND SUBDMSION DEVELOPMENT AGREEMENT Resoluttou No.VT~~ 2009 RECITALS Grange Family Ranches LLC ("Applicant")has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") requesting approval of an open space preservation master plan, pursuant to Sec. 2-40-170 of the Land Use Code. The proposed master plan is consistent with the intent of this Code provision to preserve entire, integrated ranches and is submitted in conjunction with the acquisition of conservation easements by Pitkin County with Open Space and Trails restricted funds. The Applicant is requesting the following master plan and development approvals: A. Subdivision approval to create one 125.4 acre lot, one 8 acre lot, and one 94.2 acre lot. B. Establishment of Activity Envelopes on the three lots -three envelopes for residential development, one commercial agricultural envelope, one agriculturaUexisting residence envelope, a utility envelope for sewer and water lines, and a tree planting envelope. C. GMQS Exemption to construct one primary residence not to exceed 5,750 square feet of floor area and one caretaker dwelling unit not to exceed 1,000 square feet of Floor area within each of the residential Activity Envelopes. D. GMQS Exemption to construct up to 15,000 square feet of additional agricultural structures cumulatively on the property within any of the Activity Envelopes in addition to the 9, 827 square feet of existing agricultural structures. E. GMQS Exemption to construct a greenhouse of up to 3,000 square feet plus additional greenhouses that do not substantially diminish or impair the conservation values of the Grange Ranch. F. Issuance of one TDR. 2. The property is located at 408 W. Cody Lane, and is more specifically described in Exhibit A. 3. The property is caned AR-10, contains 233.62 acres, and straddles the Eagle and Pitkin County line. 4. Pitkin County partnered with Fsgle County, the Town of Basalt, Great Outdoors Colorado, Roaring Fork Conservancy and Aspen Valley Land Trust to preserve the property. The conservation values include historic agriculture, wildlife and riparian habitat, public recreational access on trail easements and the river parcel, connectivity to other conserved lands, and providing a buffer to Basalt. 216.96 acres of the property has been placed under conservation easement in two phases (Phase 1 was conveyed September 13, 2007 as Reception No. 541978 and conserved 163.22 acres; Phase II was conveyed December 18, 2008 as Reception No. 555138 and conserves 53.74 acres and amends the 2007 easement); the easements are co-held by Pitkin County, Eagle County, Town of Basalt and Aspen Valley Land Trust. In addition a 16.67 acre River Parcel was conveyed in fce to Eagle County and Town of Basalt, with a conservation easement to Pitkin County and Roaring Fork Conservancy as Eagle County Reception No. 200826646. A River Trail easement was conveyed to the Town of Basalt as Reception No. 541977, and a trail easement on Light HiII was conveyed to Pitkin County as Reception No. 555119. 5. The Community Development Director has considered all development and impacts of development, the conveyance of one transferable development right, and the cash compensation paid from Open Resolution Ny+`7 2009 Page 2 Space and Trails restricted funds, the property interests acquired by Pitkin County, Eagle County and the Town of Basalt, as well as any other aspects of the final disposition of development and use of the property, and recommends that the Open Space and Trails Board and the BOCC approve the Development Agreement. 6. The Open Space and Trails Board considered the Development Agreement at regularly scheduled meetings on November 3 and 17, 2009, endorsed the conditions of approval and recommended that the BpCC approve the Development Agreement. The OSTB found that the approvals sought are entirely consistent with the terms of the Conservation Easements that were acquired in 2007 and 2008. The BOCC considered the Development Agreement at a duly noticed public hearing on December 2, 2009 and at a regular meeting on December 16, 2009, and accepted the conditions of approval as recommended by the Community Development Director and endorsed by the Open Space and Trails Board. 8. The BOCC finds that the Development Agreement is consistent with the applicable provisions of Sec. 2-40-70 of the Pitkin County Land Use Code, as follows: A. The property reflects the preservation and conservation values identified by the Open Space and Trails Board as stated in their operating policies. B. While a portion of the property is within Eagle County, the development approvals granted herein only apply to the portion of the property within Pitkin County. C. The property contains more than 160 acres and has not been subdivided or partitioned after July 25, 2007. D. Pitkin County has acquired an interest in the property with Open Space and Trails restricted funds in the form of conservation easements. E. The proposed density of three single family dwelling units on 233.62 acres is considerably less than permitted by the underlying AR-10 zoning, which contemplates one unit per 10 acres. F. The proposed Activity Envelopes avoid the 100 year floodplain and geologic hazard areas, are located on slopes of less than 30%, and the wildfire hazard is low. The property contains the following mapped wildlife habitat areas: mule deer migration pattern and corridor, elk migration corridor and mule deer highway crossing; the proposed development will not impact these wildlife habitat areas. G. The development approvals granted herein balance on-site development, the conveyance of one transferable development right, and cash compensation in consideration of any interest acquired in the property by Pitkin County against the monetary value of the property and the conservation and community values related to the property. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby lists the Billy Grange residence on the Pitkin County Historic Inventory. BE IT FURTHER RESOLVED by the BOCC that it hereby grants approval of the Grange Family Ranches LLC Open Space Preservation Master Plan, subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all material representations made public meetings or hearings and shall consider those representations to be conditions of approval; unless amended by other conditions. i Resolution Not~y -2009 Page 3 2. All provisions of the Conservation Easements recorded as Reception Nos. 541978 and 555138 shall remain in full force and effect. 3. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall be required to submit a subdivision plat and Activity Envelope plan for approval by the County Attorney and Community Development and recordation with the Pitkin County Clerk. The above referenced approvals shall be a condition precedent to finalization and recordation of the documents. The plat shall designate no more than three lots. 4. The Applicant may amend the subdivision plat in the future to adjust the lot tines and Activity Envelopes among the three lots, subject to approval by a lot line adjustment or other process required by the Land Use Code, including a finding by the Open Space Board that such amendments will not impair the conservation purposes of the Conservation Easement. 5. Prior to submission of any building or other development permit applications for a new residence and/or caretaker dwelling unit, the owner of the lot shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. 6. Pursuant to the conservation easement the ranch will continue to operate as a ranch with the following existing and future floor area limitations including agricultural buildings: A. One primary residence not to exceed 5,750 square feet of floor area within each of the residential Activity Envelopes. B. One caretaker dwelling unit not to exceed 1,000 square feet of floor area within each of the residential Activity Envelopes. C. On lot 3 the owner may opt to utilize the historic house within the AgriculturaUExisting Residence Activity Envelope as a caretaker dwelling unit or relocate it to the primary activity envelope, rather than constructing a new caretaker dwelling unit. The historic house may be utilized as the caretaker dwelling unit regardless of its size (which exceeds 1,000 square feet), provided that the total combined residential floor area of the historic house/caretaker dwelling unit and the primary residence on I,ot 3 may not exceed 6,750 square feet. D. 15,000 of additional agricultural stmctues cumulatively on the property within any of the Activity Envelopes in addition to the 9,827 square feet of existing agricultural structures. E. A greenhouse of up to 3,000 square feet. Additional greenhouses may be constructed upon a determination from the Open Space and Trails Board that such additional greenhouses do not substantially diminish or impair the conservation values of the property, and upon approval by the Community Development Director. 7. Prior to issuance of a building permit application for a new residence, the owner of each lot shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. Resolution No.0~3 1009 Page 4 C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site distwbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. D. Obtain a County aceess/driveway permit acceptable to the Basalt and Ruml Fire Protection District and Planning Engineer. Access for the three new residences shall be provided via Cody Lane and/or Fiou Lane. The existing access off of Highway 82 on Jim Grange Lane shall be limited to access to the existing or new residence on Lot 1, as well as emergency egress and access for the residences on all three Lots, and agricultural uses on all three Lots. E. Submit a construction management plan for review and approval by the Planning Engineer. F. Pay the applicable road and employee housing impact fees. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. H. Submit a landscaping and tree removal/mitigation plan. 8. The Applicant's property line is located within aone-half mile (2,640 feet) radius ofthe Town of Basalt's public water system's service area, so Pitkin County may require information for analysis of the environmental impacts of connecting to the public system versus use of an individual well(s) or other water source. Based upon the results of such analysis, the County may require that development wnnect to the public system if service is available, or that water be provided from a source other than the public system. In the event that connection to the public system is pursued, documentary evidence of the water or utility district's agreement to service the new development must be provided to Community Development Department prior to submission of any building permit application. Ifthe Applicant connects to the Town of Basalt's public water system the Applicant shall pay the applicable fees for the connection contingent upon compliance with the Town's rules, regulations and specifications. The Water Court Stipulation and Agreement between the Town of Basalt and the Applicant regarding water service to the property is attached as Exhibit B. 9. Since the Applicant's property is located within one-half mile (2,640 feet) of Basalt Sanitation District's service area, it shall connect to the public sewage disposal system if the Basalt Sanitation District is willing to serve the proposed development. [f service is not available from the public system, a private system may be utilized. The Applicant shall pay the applicable fees for connection to the Basalt Sanitation District waste water system contingent upon compliance with the District's rules, regulations and specifications or if service is not available each Lot will be allowed to apply for an on-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. The Basalt Sanitation District agreed to provide two free sewer taps to the property at an in-town sewer rate, as provided in Exhibit C. 10. Utility Envelope. The Applicant can install sewer and water lines in the Utility Envelope depicted on the Activity Envelope and Lot Plan attached to this Development Agreement as Exhibit D in order to tap into the water line administered by the Town of Basalt and the sewer lines administered by the Basalt Water and Sanitation District that are parallel to Highway 82. The exact location of the Utility Envelope is subject to change as determined at Site Plan Review. 11. Tree Planting Activity Envelope along Irrigation Ditch. The Applicant can plant or permit trees to grow along the irrigation ditch in the Tree Planting Activity Envelope depicted on the Activity Envelope and Lot Plan attached to this Development Agreement as Exhibit D in order to screen Resolution No.~~1009 Page S Highway 82 from the Applicant's residence(s). The Applicant may not install berms in association with the tree planting in the Tree Planting Activity Envelope, but harming or other earthwork may occur in association with maintenance of the irrigation ditch. A landscape plan shall be submitted to Community Development with the Site Plan Review application for development on Lot 2 or redevelopment on Lot 1 and prior to any planting within the envelope. 12. The Applicant shall obtain a County Floodplain Development Permit for any and all work within the floodplain. The application shall identify any changes in flood elevations and what effects, if any, snch changes will have on neighboring properties. 13. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the Activity Envelope and install construction fencing around the perimeter of the envelope or around the limits of disturbance within the Activity Envelope. All disturbances shall occur within the Activity Envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the structure. 14. All signs and. lighting shall comply with applicable regulations in the Land Use Code. 15. No development, including manipulation of vegetation, shall occur outside of the approved Activity Envelopes, with the exception of agricultural uses. 16. The Applicant shall comply with the following conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelopes is prohibited, except as related to agricultural uses. Landscaping shall be limited to the designated Activity Envelopes. B. New fences shall comply with the recommendations made in the Colorado Division of Wildlife Publication "Fencing with Wildlife In Mind," as it may be amended in the future. Existing fences can be maintained per their current design. C. New fruit bearing trees and shrubs shall be prohibited for non-agricultural residential landscaping within the Activity Envelopes. D. With reasonable notice to the property owner, access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during construction. F. Contractors shall be prohibited from bringing dogs on-site during construction. 17. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of beans shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County caning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an Activity Envelope within such setbacks does not assure approval of a variance. 18. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. i Resolution No!/r~2009 Page 6 19. Statutory vested rights for the approvals contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-65-]O5. The statutory vested rights granted herein shall be in perpetuity for the location of the identified building envelopes and floor area for the homes and agricultural buildings identified herein. Floor area is to be calculated based on the rules in effect at the time of building permit submittal. All remaining issues and fees are subject to the code requirements in effect upon development. NOTICE OF PUBLIC HEARING published in the Ascen Times Weekly on the I" day of November, 2009. AND FIRST READ AT A PUBLIC HEARING on the 2nd day of December, 2009. APPROVED AND ADOPTED AFTER SECOND READING on the 16'" day of December, 2009. ,~ ~~0 PUBLISHED AFTER ADOPTION in the Ascen Times Weekly on the ~ day o1rV `~ , 4009. ~' /A 1n~np ~ Q4y~Q, l~/~-~ Cindy Houben Community Development Director PID 246513100002 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By (~ Patti Kay-Clapp ,Chair APPROVED AS TO FORM: ~~ John Co Attorney r V~°o.. 0 45 - d Q ~x~.i b~ ~- /~- I Legal Description- Grange Ranch Parcel A parcel of land situated in Tract 62 and Tract 61, also being situated in Section 7 and Section 19, Township 8 South, Range 86 Weat of the Sixth Principal Meridian, County of Eagle and Pitkin, State of Colorado and being more particularly described as follows: Beginning at AP 7 of said Tract 62 a 31/4" Aluminum Cap L.S. 13155, thence along the southerly line of said Tract 62 S 89°47'24" W 1386.78 feet to AP 6 of said Tract 62 a brass cap found in place, thence N 87°27'13" W 1206.75 feet to AP 5 of said Tract 62 a brass cap found in place, thence N 00°00'00" E 1300.70 feet to AP 4 of said Tract 62, thence S 89°21'00" W 1377.82 feet to AP 5 of said Tract 61 a brass cap found in place, thence N 00°05'47" 8 1318.77 feet to AP 4 of said Tract 61, thence S 89°43'52" W 25.88 feet to a No. 5 rebar found in place, thence N O1°43'52" E 224.03 feet to a point on the southerly right of way line of Highway 82 ae described in Hook 560 at Page 398, thence along said right of way line the following courses: N 79°08'36" E 32.08 feet, thence N 86°48'36" E 218.60 feet, thence S 76°28'54" E 467.00 feet, thence S 72°10'24" E 360.30 feet, thence S 74°40'24" E 419.30 feet, thence S 84°10'24" E 340.20 feet, thence N 70°26'36" E 121.10 feet, thence S 89°18'24" B 600.10 feet, thence N 88°47'06" E 600.10 feet, thence N 85°10'06" E 100.30 feet, thence N 89°44'36" E 370.00 feet, thence S 85°34'24" E 247.00 feet, thence N 00°59'54" W 46.40 feet, thence S 89°42'24" E 128.87 feet, thence departing said southerly right of way line S 00°51'00" E 2612.62 feet to the point of beginning, containing an area of 196.48 acres, more or leas. ~Pi16 ". 09 s 6 ~' Legal Description- Grange Ranch- North Parcel A parcel of land situated in Tract 61, also being situated in Section 7, Township 8 South, Range 86 Weat and Section 12, Township 8 South, Range S7 West of the Sixth Principal Meridian, County of Eagle and Pitkin, State of Colorado and being more particularly described as follows: Beginning at a point, whence Corner No. 5 of Tract 61 bears S 00°24'17" 8 2128.40 feet, thence 137.50 feet along the arc of a non-tangental curve to the right having a radius of 703.50 feet, a central angle of 11°11'56" and subtending a chord bearing of S 74°35'09" E 137.29 feet to a point in a fence line, thence along said fence line the following couraea: S 73°41'27" E 154.77 feet, thence 255.24 along the arc of a non-tangental curve to the left, having a radius of 394.74 feet, a central angle of 37°02'51" and subtending a chord bearing of S BO°27'45" E 250.82 feet, thence N 75°39'33" E 73.34 feet, thence N 73°46'30" E 126.53 feet, thence N 72°28'29" E 166.03 feet to the northwesterly corner of the Basalt Sanitation District Parcel described in Book 215 at Page 65, thence Along the boundary of said parcel the following nine couraea: S 24°31'90" E 330.00 feet, thence N 86°00'01" E 624.76 feet, thence S 29°20'25" E 62.19 feet, thence N 86°00'00" E 39.49 feet, thence S 30°42'32" E 74.03 feet, thence 8 62°36'10" E, 125.32 feet, thence N 13°29'06" W 419.44 feet, thence N 04°00'00" W 103.96 feet, thence N 67°03'27" W 84.52 feet, thence departing said parcel along a fence line 09°49'45" E 105.04 feet, thence N 09°49'45" E 80.80 feet, thence S 80°43'08" E 312.87 feet, thence N 89°01'43" E 105.24 feet, thence S 58°23'53" E 28.86 feet, thence N 88°15'14" E 117.03 feet, thence S 63°14'49" E 148.59 feet, thence B 72°31'35" E 239.66 feet, thence departing said fence line S 00°19'02" W 682.13 feet to a point on the northerly right of way line of Highway 82 as described in Book 560 at Page 398, thence along said right of way the following couraea: N B9°12'59" W 125.96 feet, thence N 89°12'59" W 478.80 feet, thence S 00°15'24" E 50.00 feet, thence 3 89°44'36" W 100.00 feet, thence S 84°44'06" W 114.70 feet, thence N 64°50'54" W 379.50 feet, thence N 75°01'24" W 166.30 feet, thence N 66°08'54^ W 61.30feet, thence N 71°01'44" W 124.00 feet, thence N 70°48'24" W 66.70 feet, thence N 75°30'24" W 75.20 feet, thence N 89°06'54" W 9.40 feet, thence N 68°59'24" W 74.00 feet, thence N 69°01'19" W 95.20 feet, thence ~ ~ ~ N 73°17'54" W 338.70 feet, thence 445.72 along the arc of a curve to the left, having a radius of 1263.90 feet, a central angle of 20°12'21" and subtending a chord bearing of N 88°41'11" W 443.41 feet, thence departing said rightof way line N 01°39'46" E 41.33 feet, thence N 00°55'14" W 329.95 feet to the point of beginning, containing an area of 30.56 acres, more or lees. ~90: Oa 7 - 6 P ~'~~1 6t ~-' ~ Exhibit A DISTRICT COURT, WATER DMSION NO. S, COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, Colorado 81601 CONCERNING THE APPLICATION FOR CHANGE OF WATERRIGSTSANDAPPROVALOFAMENDEDPLAN ~NCO-~anepaauRr FOR AYTGMENTATION OF: ousri~u courrrv, o0 THE TOWN OF BASALT, COLORADO, NOU 2'9 2001 in Eagle snd Pitlcio Counties, Colorado. Attorney for the Applicant, Town of Basalt, Colorado: Tom Kinney, Esq. - Hill, Edwards, Edwards & Kinney, L.L.C. ~ COURT USE ONLY ~ 502 Main Street, Suite 201 Carbondale, Colorado 81623 Case Number: 00 CW 252 Phone Number: (970) 963-3900 E-mail: tk@heea.com FAX Number: (970) 963-3131 Atty. Reg. #: 26830 Division: Courtroom: STIPULATION AND AGREEMENT Applicant, Town of Basalt, Colorado, and Opposer, Grange Family Ranches LLC ("Grange"), hereby stipulate and agree as follows: 1. Upon entry of an order by the Water Referee approving this Stipulation and Agreement, Grange hereby agrees to withdraw its Statement of Opposition filed in this proceeding on February 27, 2001, and stipulates to entry.of a decree in this proceeding incorporating terms and conditions no less restrictive on the Applicant than those terms and conditions contained in the proposed Ruling of Referee dated September 24, 2001 and attached hereto as Exhibit A. 2. Applicant shall continue to serve copies of all pleadings, notices, requests and proposed decrees upon Grange's counsel which may be filed by the Applicant in this proceeding and during the period ofthe Court's ten (10) year retained jurisdiction over the amended plan for augmentation approved by entry of a decree in this proceeding. Grange's legal counsel may participate in arty proceedings before the Court concerning the adjudication of Ute Applicant's Application for Water Rights in this case. 3. Applicant shall, prior to October 26, 2001, make available to Grange a one (1) inch connection into the Town of Basalt municipal water system for emergency use of water for domestic, stock watering and lawn irrigation purposes without cost to Grange by: (a) installing a fire hydrant within the Applicant's street right-of--way immediately adjacent to Grange's property and at a location proximate to the point of connection with the Applicant's municipal water system; and (b) providing Grange with an appropriate fire hydrant wrench and one (l) inch connection to said fire hydrant. owASn:.:nw.~ootwzsz.su~ww.ca."s..io~ooi.wPa oeabar ~o, zooi ~6; 6 y~ - 6 4 District Court, Water Division No. 5 Case Np.00 CW 252 Stipulation and Agreement Page No. 2 of 3 ' 4. Applicant shall immediately provide Grange with water on a temporary basis from the Applicant's municipal water system for domestic, stock watering and lawn irrigation purposes in the event of an emergency situation during which Grange is unable to divert groundwater as historically diverted at the Grange Wel! No. 1 and Grange Well No. 2, decreed for domestic, stock watering and lawn irrigation purposes respectively in Case Nos. W-1131 and W-1132, and the three (3) additional wells per-nitted under Well Permit Nos. 26304, 36581 and 40486 or as historically diverted at any one of these five (5) wells (hereinafter referred to as the "Grange Wells"). The provision of water by Applicant on a temporary basis shall include physical delivery of water by Applicant at such points and locations and at such rates of flow as have been historically used by Grange for domestic, stock watering and lawn irrigation purposes. Should Applicant divert groundwater at Basalt Municipal Well No. 9 during the non- irrigation season (November through mid-May), and should production from any of the Grange Wells decline so as to become less than the historic production from these wells duringthetime Applicantis diverting groundwaterduring the non-irrigation season orwithin ten (10) days following the cessation of diversion at Basalt Municipal Well No. 9, Applicant shall do all of the following: (a) immediately provide water to Grange from Applicant's municipal water system, including physical delivery of water by Applicant at such points and locations as have been historicaliy used by Grange, in an amount and at a rate sufficient to satisfy Grange's reasonable and necessary domestic, livestock watering and lawn irrigation demands; (b) make a permanent one (1) inch connection between the Grange water system and the Applicant's municipal water system by installing properly sized underground water pipelines and all other reasonably necessary water delivery infrastructure as soon as weather conditions permit construction; and (c) after substantial completion of construction required pursuant to Paragraph 5.(b) above, provide water to Grange from Applicant's municipal water system in an amount and at a rate sufficient to satisfy Grange's reasonable and necessary domestic, livestock watering and lawn irrigation demands. Applicant's obligations pursuant to this Paragraph 5 are in addition to and in furtherance of those set forth in Paragraph 3, above. 6. Grange shall have access to Applicant's pumping and diversion records for Basalt Municipal Well No. 9 upon twenty-four (24) hours' verbal or written notice to Applicant's Public Works Director. Applicant shall promptly furnish Grange with copies of aay pumping and diversion records for Basalt Municipal Well No. 9 requested verbally or in writing by Grange. This Stipulation and Agreement shall terminate upon ten (10) days' advance written notice to Grange should water provided to Grange from Applicant's municipal water system pursuant to the terms of this Stipulation and Agreement be used for development purposes or for any purposes other than domestic, stock watering or lawn irrigation by Grange without c:seASat•w.rcwaocans~.suwi.ao".c~se.toi aos.~ya Ocabv io, zaot wv~-- ~y„o: 697-Q9 District Court, Water Division No. 5 case IZo. oo cw zs2 St(pulation and Agreement Page No. 3 of 3 the prior written approval of Ute Applicant. Development of any portion of the property owned by Grange not affecting water use from Applicant's municipal water system ptusuant to the terms of this Stipulation and Agreement shall not constitute a violation or breach of this Stipulation and Agreement. This Stipulation and Agreement shall terminate should a decree not be entered by the Court in this proceeding. 8. This Stipulation and Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, successors and assigns. 9. All expenses and costs incanted by the Applicant in fulfilling its obligations hereunder shall be solely home by the Applicant and Grange shall not be liable or responsible therefor. Grange shall not pay any tap Qr connection fees, or any usage or service charges, for water famished to Grange from the Applicant's municipal water system pursuant to the terms of this Stipulation and Agreement. Grange shall not be liable or responsible for, and Applicant shall indemnify Grange and bold Grange harmless fibm, any claims, damages, injuries, demands and recoveries arising from Grange's reasonable and proper use or attempted use of water from Applicant's municipal water system pursuant to the terms of this Stipulation and Agreement. Each party shall be responsible for its own legal costs in this proceeding. 10. This Stipulation and Agreement is incorporated by reference into Paragraph 4 of the proposed Ruling of Referee attached hereto as Exhibit A. Respectfully submitted this ,~ day of /l~oviE.viw_ 2 , 2001 TOWN OF B AL ,COLORADO HILL, EDWARDS, EDWARDS 8t KINNEY, L.L.C. Attorneys for the Applicant, Town of Basalt, Colorado By: By: ~e9c.~.~.~eK.wti hard .Stevens, Mayor Tom Kinney, No. 2683 GRANGE FAMILY RANCHES, LLC JAMES M. CARSON, P.C. Attorney for the Opposer, Grange Family Ranches, L.L.C. By:i~.l Q~t°+ ~a~~.~~. Q ee-, By: 1. i ~r~w~ ~~.1. ~a.-~ William~J CrrangA, Manager James .Larson, No. 2603 a~sasurw.~~sacwzsz.sr~Pdnon.cmop. io~aoi.woa ouoen ~o.:oo~ RECEPTSONA: 566259, 01/15/2010 at 04:19:08 PM, 13 OF 15, Janina K. Voa Caudill, Bitkin County, CO ~t,2sb: 045'69 FXk~6•+C ors "D" to c:naraac~r se svz a_~ d--.. s~+• - -- a. Purchaser at its sole coat and expense shall construct and maintain the roadway on the new access and sewer easement and all fences and other improvements to be installed by Purchaser hereundert and Seller shall not be required to contribute thereto. Purchaser shall not relocate the existing fences along the roadway within the new access and sewer easement, without Seller's prior. written consent PROVIDED THAT Purchaser shall erect fencing between the southeasterly corner of the PARCEL TO BE ACQUIRED and the northeasterly fenceline along said roadway. Purchaser shall at its sole cost and expense provide and maintain at all times adequate liability insurance to protect Seller and Purchaser for the use and posaeaslon of the easements described on E718I8T1' "a" sad "C"; and shall furnish Seller written proof of such coverage. b. Purchaser shall install and maintain in a good and workmanlike manner and in good repair and operating condition within the new access and sewer easement, one or more sewer pipelines and appurtenances. In case of any installation, maintenance, replacement or repair, Purchaser shall promptly fill and level any excavation, 'remove from Seller's property encumbered or adjacent to the easement any rocks or boulders brought to the surface, and reseed any vegetation disturbed by such excavation, installation, maintenance, replacement or repair. c. Seller is entitled to a total of two free sewer taps from Purchaser including the tap previously granted by Purchaser to Emil Grange in Agreement of April 21, 1969 to which Seller is now entitled. The taps shall be utilized on Seller's larger tract of land of which the Property is a part, at specific locations determined by Seller. Seller shall pay costs of installation and connection, and upon service 'hook-up and commencement of service Seller shall pay in-town sewer rates then charged by Purchaser. d. Purchaser shall construct a good and substantial fence around the PARCEL• TO BE ACQUIRED portion of the property along its boundaries and thereafter at its sole cost and expense maintain the same in a good and workmanlike condition at all times sufficient to turn livestock. 61y,,o.~ bQ;-dy e. Temporary Construction Easement [870~IBIT ^C"]: Purchaser shall in a good and workmanlike manner fence the perimeter boundaries of the easement and maintain same in a manner at all times sufficient to turn livestock. Upon substantial completion of construction by no later than April 1, 2001 of the improvements upon the Property, Purchaser shall cause the easement to be reconveyed to Seller, the temporary livestock fence removed, and the ground occupied by the easement to be restored to pasture land which shall by no later than April 30, 2003 be in as good or in better condition than when Purchaser first took possession of the portion of the Property encumbered by the easement. Such restoration must meet with Seller's reasonable approval. Purchaser shall require of its contractor responsible for construction of the improvements on the Property, that continuously during Purchaser's possession of the easement all fuel, oil, anti-freeze and all other hazardous material spills or materials waste must be cleaned up promptly and in accordance with applicable local, state and federal standards. Purchaser shall monitor the soil and groundwater to detect any potential contamination; shall promptly advise Seller of any such contamination; and shall promptly remove any contamination by hazardous or dangerous waste or material detected by the monitoring and replace the same with materials suitable to Seller. f. Purchaser shall provide dust suppression of the Property throughout the construction project undertaken by Purchaser on the Property and on Purchaser's existing landholdings [the 7.647 acres +/-], to a degree reasonably acceptable to Seller. g. Purchaser shall install and maintain two, 12' metal gates with locks at locations to be determined by Seller near the southerly terminus of the westerly leg of the new access and sewer easement described on E7p3ZBZT ^B", and provide Seller with keys. h. Purchaser shall not force Seller into the boundaries, requirements, or service area of Basalt Sanitation District unless Seller gives and grants its full, voluntary consent thereto. i. Purchaser shall finish construction of its plant expansion and improvements for which purpose the Property is being acquired by no later than April 1, 2001. 10 ~- pnr~- boo: atis-e9 The flood nazudadegcted on Ihis map wereprepared sasan~. Theme sli~xveyl aai hasbeen vrovded~ey~T~ltle Survey . ~~ . , e w .oe Activity Envelope and Lot Plan Grange Family Ranches LLC _ Pitkin County, Colorado ,a, ,wRn roriaed 11/iQ/09 by fhe Land Studo. Inc. 1~ MEMORANDUM TO: Board of County Commissioners Regular Meeting- December 16, 2009 ~c ~ THRU: Cindy Houben ommunity Development Director FROM: Suzanne WoItI; Senior Planner RE: Grange Family Ranches LLC Open Space Preservation Master Plan and Subdivision Development Agreement REQUEST: The Applicant requests approval of an open space preservation master plan, pursuant to Sec. 2- 40-170 of [he Land Use Code. The Applicant is requesting [he following master plan and development approvals: • Subdivision approval to create one 125.4 acre lot, one 8 acre lot, and one 94.2 acre lot. • Establishment of Activity Envelopes on the three lots -three envelopes for residential development, one commercial agricultural envelope, and one agricultural/existing residence envelope. • GMQS Exemption to construct one primary residence not to exceed 5,750 square feet of floor area and one caretaker dwelling unit not to exceed 1,000 square feet of floor area within each of the residential Activity Envelopes. • GMQS Exemption to construct up to 15,000 square feet of additional agricultural structures cumulatively on the property within any of the Activity Envelopes in addition to the 9, 827 square feet of existing agricultural structures. • GMQS Exemption to construct a greenhouse of up to 3,000 square feet plus additional greenhouses that do not substantially diminish or impair the conservation values of the Grange Ranch. • Issuance of one TDR. The BOCC approved the Resolution on first reading on December 2 by a vote of 4-0. Revisions made on first reading are redlined in the attached Resolution. APPLICANT: Grange Family Ranches LLLC REPRESENTATIVES: Doug Pratte & Ken Ransford LOCATION: 408 W. Cody Lane ZONING/LOT SIZE: AR-10/233.62 acres. RECOMMENDATION: The Community Development Director and the Open Space and Trails Board recommend that the BOCC approve the Grange Family Ranches LLC Open Space Preservation Master Plan and Subdivision Development Agreement on second reading, subject to the attached Resolution. Io~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO APPROVING THE GRANGE FAMILY RANCHES LLC OPEN SPACE PRESERVATION MASTER PLAN AND SUBBIVISION DEVELOPMENT AGREEMENT Resolution No. -2009 RECITALS Grange Family Ranches LLC ("Applicant")has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC"}.requesting approval of an open space preservation master plan, pursuant to Sec, 2-40-170 of the Land Use Code. The proposed master plan is consistent with the intent of this Code provision to preserve entire, integrated ranches and is submitted in conjunction with the acquisitiodof conservation easements by Pitkin County with Open Space and Trails restricted funds. The. Applicant is requesting the following master plan and development approvals: A. Subdivision approval to create one 125.4 acre lot, one 8 acre lot, and one 94.2 acre lot, B: Establishment of Activity Envelopes on the three lots -three. envelopes for residential development; one commercial agricultural envelope; one agricultural/existing residence envelope, a utility envelope for sewer and water lines, and a tree planting envelope. C: GMQS Exemption to construct one primary residence not to exceed 5,750 square feet of floor area and one caretaker dwelling unit not to, exceed 1,000 square feet of floor area within each of the residential Activity Envelopes. D. GMQS Exemption to construct up to 15,000 square feet of additional agricultural structures cumulatively on the property within any of the Activity Envelopes in addition to the 9, 827 square feet of existing agricultural structures. E. GMQS Exemption to construct a greenhouse of up to 3,000 square feet plus additional greenhouses that do not substaniiaily diminish or impair the conservation values of the Grange Ranch. F. 'Issuance of tine "fDR. 2. The property is located at 408 W. Cody Lane, and is more specifically described in Exhibit A. 3. The property is zoned AR-10, contains 233.62 acres, and straddles the Eagle and Pitkin County line. 4. Pitkin County partnered with Eagle County, the Town of Basalt, Great Outdoors Colorado, Roaring Fork Conservancy and Aspen Valley Land Trust to preserve the property: The conservation. values include historic agriculture, wildlife and riparian habitat, public recreational access on trail easements and the river parcel; connectivity to other conserved lands, and providing a buffer to Basalt. 216.96 acres of the property has been placed under conservation easement in two phases (Phase I was conveyed September 13, 2007 as Reception No. 541978 and conserved 163.22 acres; Phase 11 was conveyed December I8, 2008 as Reception No. 555138 and conserves 53.74 acres and amends the 2007 easement); the easements are co-held by Pitkin County, Eagle County, Town of Basali and Aspen Valley Land Trust. In addition a 16.67 acre River Parcel was conveyed in fee to Eagle County and Town of $asalt; with a conservation easement tc Pitkin County and Roaring Fork Conservancy as Eagle County Reception No. 200826646. A River Trail easement was conveyed to the Town of Basalt as Reception No. 541477, and a trail easement on Light Hill was conveyed to Pitkin County as Reception No. 555119. 5. The Community Development Director has considered all development and impacts of development, the conveyance of one transferable development right, and the cash compensation paid from Open a Resolution No. _-2009 Page 2 Space and Trails restricted funds, the property interests acquired by Pitkin County, Eagle County and the Town of Basalt, as well as any other aspects of the final disposition of development and use of the property, and recommends that the Open Space and Trails Board and the BOCC approve the Development Agreement. 6. The Open Space and Trails Board considered the Development Agreement at regularly scheduled meetings on November 3 and 17, 2009, endorsed the conditions of approval and recommended that [he BOCC approve the Development Agreement. The OSTB found that the approvals sought are entirely consistent with the terms of the Conservation Easements that were acquired in 2007 and 2008. 7. The BOCC considered the Development Agreement at a duty noticed public hearing on December 2, 2009 and at a regular meeting on December 16, 2009, and accepted the conditions of approval as recommended by the Community Development Director and endorsed by the Open Space and Trails Boazd. 8. The BOCC finds [hat the Development Agreement is consistent with the applicable provisions of Sec. 2-40-70 of the Pitkin County land Use Code, as follows: A. The property reflects the preservation and conservation values identified by the Open Space and Trails Board as stated in their operating policies. B. While a portion of the property is within Eagle County, the development approvals granted herein only apply to the portion of the property within Pitkin County. C. The property contains more than 160 acres and has not been subdivided or partitioned after July 25, 2007. D. Pitkin County has acquired an interest in the property with Open Space and Trails restricted funds in the form of conservation easements. E. The proposed density ofthree single family dwelling units on 233.62 acres is considerably less than permitted by the underlying AR-10 zoning, which contemplates one unit per 10 acres. F. The proposed Activity Envelopes avoid the 100 year floodplain and geologic hazard areas, are located on slopes of less than 30%, and the wildfire hazard is low. The property contains the following mapped wildlife habitat areas: mule deer migration pattern and corridor, elk migration corridor and mule deer highway crossing; the proposed development will no[ impact these wildlife habitat areas. G. The development approvals granted herein balance on-site development, the conveyance of one transferable development right, and cash compensation in consideration of any Interest acquired in the property by Pitkin County against the monetary value of the property and the conservation and community values related to the property. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby lists the Billy Grange residence on the Pitkin County Historic Inventory. BE IT FURTHER RESOLVED by the BOCC that it hereby grants approval of the Grange Family Ranches LLC Open Space Preservation Master Plan, subject to the following conditions, which shall run with the land and be binding on all successors in interest: l . The Applicant shall adhere to all material representations made public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 3 Resotution No. _-2009 Page 3 2. All provisions of the Conservation Easements recorded as Reception Nos. 54.1978 and 555138 shall remain in full force and effect. 3. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall be required to submit a subdivision plat and Activity Enve}ope plan for approval by [he County Attorney and Communrty Development and recordation withthe Pitkin County Clerk. The aboveYeference8 approvals shall be a condition precedent to finalization and recordation of the documents. The plat shall designate no more than three lots. 4. The Applicant may amend the subdivision plat in the future to adjust the lot lines and Activity Envelopes among the three lots; subject to approval by a lot line adjustment or other process required'by the Land Use Code, including a finding by the Open Space Board that such. amendments will not impairthe conservation purposes of the Conservation Easement. 5. Prior to submission of any building or other development permit applications for a new residence arid/or caretaker dwelling unit, the owner of the lot shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 ofthe Code: 6. Pursuant to the conservation easement the ranch will continue to operate as a ranch with the following existing and future floor area limitations including agricultural buildings: A. One primary residence not to exceed 5,750 square feet of floor area within each of the residential Activity Envelopes. B. One caretaker dwelling unit not to exceed 1,000 square feet of floor area within each of the residential Activity Envelopes- C. On Lot 3;na the owner may ont to utilize the hisYOric house within the Agricultural/Existing Residence Activity Envelope e+rl~~t 3-+anmas a caretaker dwelling unit or relocate it to thf=primai~iyity envelane: ratheF than caretaker dwellink unit regardless of its size (wliiclt exceeds L000 square feet), provided r.~.o+ that tha total combined residential floor area of the mhistoric house./caretaker dwelling unit and the primary residence on Lot 3 may not exceed 6,750 square feet. D. 15,000 of additional agricultural structures cumulatively on the property within any of the Activity Envelopes in addition to the 9,827 square feet of existing agricultural structures. E. A greenhouse of up to 3,000 square feet--p}u~aAdditional greenhouses may be constructed upon a determination from the OpemSpace and Trails Board that such additional greenhouses do not substantially diminish or impair the conservation values of ' the ~a n~'~ property ~tnd urn annroval by the ('onununity Development Director. 7. Prior to issuance of a building permit application for a new residence, the owner of each lot shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for in•igation purposes, if applicable. B. Complete afireplace/woadstove registration form with the Community Development Department, if necessary. -I Resolution No. _-1009 Page 4 C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. if site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. D. Obtain a County access/driveway permit acceptable to the Basalt and Rural Fire Protection District and Planning Engineer. Access for the three new residences shall be provided via Cody Lane and/or Fiou Lane. The existing access off of Highway 82 on Jim Grange Lane shall be limited to access to the existing or new residence on Lot I, as well as emergency egress and access for the residences on all three Lots, and agricultural uses on al l three Lots. E. Submit a construction management plan for review and approval by the Planning Engineer. F. Pay the applicable road and employee housing impact fees. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. H. Submit a landscaping and tree removal/mitigation plan. 8. The Applicant's property line is located within aone-half mile (2,640 feet) radius of the Town of Basalt's public water systems service area, so Pitkin County may require information for analysis of the environmental impacu of connecting to the public system versus use of an individual well(s) or other water source. Based upon the results of such analysis, the County may require that development connect to the public system if service is available, or that water be provided from a source other than the public system. In the event that connection to the public system is pursued, documentary evidence of the water or utility district's agreement to service the new development must be provided to Community Development Department prior to submission of any building permit application. If the Applicant connects to the Town of Basalt's public water system [he Applicant shall pay the applicable fees for the connection contingent upon compliance with the Town's rules, regulations and specifications. The Water Court Stipulation and Agreement between the Town of Basalt and the Applicant regarding water service to the property is attached as Exhibit B. 9. Since the Applicant's property is located within one-half mile (2,640 feet) of Basalt Sanitation District's service area, it shall connect to the public sewage disposal system if the Basalt Sanitation District is willing [o serve the proposed development. If service is not available from the public system, a private system may be utilized. The Applicant shall pay the applicable fees for connection to the Basalt Sanitation District waste water system contingent upon compliance with the District's rules, regulations and specifications or if service is not available each Lot will be allowed to apply for an on-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. The Basalt Sanitation District agreed to provide two free sewer taps to the property at an in-town sewer rate, as provided in Exhibit C. 10. Utility Envelope. The Applicant can install sewer and water lines in the Utility Envelope depicted on the Activity Envelope and Lot Plan attached to this Development Agreement as Exhibit D in order to tap into the water line administered by the Town of Basalt and the sewer lines administered by the Basalt Water and Sanitation District that are parallel to Highway 82. The exact location of the Utility Envelope is subject to change as determined at Site Plan Review. 11. Tree Planting Activity Envelope along Irrigation Ditch. The Applicant can plant or permit trees to grow along the irrigation ditch in the Tree Planting Activity Envelope depicted on the Activity Envelope and Lot Plan attached [o this Development Agreement as F,xhibit D in order to screen ~J Resolution Na. _-2009 Page 5 Highway 82 from the Applicants residences}. The Applicant may not install berms in association with the treeplanting in the Tree Planting Activity Envelope, but benning or other earthwork may occur in association with maintenance of the irrigation ditch. A landscape plan shall be submitted to Community Developmentwith the Site Plan Review application for development on Lot 2 or redevelopment on Lot 1 and prior to any planting within the envelope. 12, The Applicant shalt obtain a County Floodplain Development Permit for any and all work within the floodplain: The application shall identify any changes in flood elevations and what effects, if any, such changes will have on neighboring properties. 13. Prior to commencement of any earthrnoving or construction activity, the Applicant shall stake the corners of the Activity Envelope and install construction fencing around the perimeter of the envelope or around the limits of disturbance within the Activity Envelope. AIT disturbances shall occur within the Activity Envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the structure. 14. All signs and lighting shall comply with applicable regulations in the Land Use Code. 15. No development, including manipulation of vegetation, shall occur outside of the approved Activity Envelopes; with the exception of agricultural uses. ib. The Applicant shall comply with the following conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelopes is prohibited, except as related to agricultural uses. Landscaping shall be limited to the designated Activity Envelopes. . B. New fences shall comply with the recommendations made in the Colorado Division of Wildlife Publication "Fencing with Wildlife [n Mind," as it maybe amended in the future. Existing fences can be maintained per their current desigd. C. New fruit bearing trees and shrubs shat{ be prohibited for non-agricu(tura] residential landscaping within the Activity Envelopes. D. With reasonable notice to the property owner; access shall. be provided to the Colorado Division of Wildlife for trapping, tagging, studying, ocotherwise managing wildlife; except in case of a wildlife emergency. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during construction. F. Contractors shall be prohibited from bringing dogs on-site during construction. 17. No structural development in excess of 30" above or below natural grade shalt occur vviihinthe setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located witliin setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance. from the Board of Adjustment. Approve] of an Activity Envelope within such setbacks does not assure approval of a variance. I S. No calculations for height, bulk, setback, size, floor area, or any other building and inning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. U% Resolution No. _-1009 Page 6 19. Statutory vested rights for the approvals contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall be in perpetuity for the location of the identified building envelopes and floor area for the homes and agricultural buildings identified herein. Floor area is to be calculated based on the rules in effect at the time of building permit submittal. All remaining issues and fees are subject to the code requirements in effect upon development. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 1"day of November, 2009. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 2nd day of December, 2009. APPROVED AND ADOPTED AFTER SECOND READING on the 16'" day of December, 2009. PUBLISHED AFTER ADOPTION in the Awn Times Weekly on the _ day of , 2009. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: Giddy Houben Community Development Director Patti Kay-Clapper, Chair APPROVED AS TO FORM: John Ely County Attorney PID 246513100002 MEMORANDUM TO: Board of County Commissioners Regular Meeting- December 2, 2009 ~C3r,.~H. THRU: Cindy Houben, Commundy Development Director FROM: Suzanne Wolff, Senior Planner RE: Grange Family Ranches LLC Open Space Preservation Master Plan and Subdivision Development Agreement REQUEST: The Applicant requests approval of an open space preservation master plan, pursuant to Sec. 2- 40-170 of the Land Use Code. The Applicant is requesting the following master plan and development approvals: • Subdivision approval to create one 125.4 acre lol, one 8 acre lot, and one 94.2 acre lot. • Establishment of Activity Envelopes on the three lots -three envelopes for residential development, one commercial agricultural envelope, and one agricultural/existing residence envelope. • GMQS Exemption to construct one primary residence not to exceed 5,750 square feet of floor area and one caretaker dwelling unit not to exceed 1,000 square feet of Floor area within each of the residential Activity Envelopes. • GMQS Exemption to construct up to 15,000 square feet of additional agricultural structures cumulatively on the property within any of the Activity Envelopes in addition to the 9, 827 square feet of existing agricultural structures. ^ GMQS Exemption to construct a greenhouse of up [0 3,000 square feet plus additional greenhouses that do not substantially diminish or impair the conservation values of the Grange Ranch. • Issuance of one TDR. APPLICANT: Grange Family Ranches LLLC REPRESENTATIVES: Doug Pratte & Ken Ransford LOCATION: 408 W. Cody Lane ZONINGR.OT SIZE: AR-10/233.62 acres. BACKGROUND AND EXISTING CONDITIONS: Pitkin County partnered with Eagle County, the Town of Basalt, Great Outdoors Colorado, Roaring Fork Conservancy and Aspen Valley Land Trust to preserve the property. The conservation values include historic agriculture, wildlife and riparian habitat, public recreational access on trail easements and the river parcel, connectivity to other conserved lands, and providing a buffer [o Basalt. 2 E 6.96 acres of the property has keen placed under conservation easement in two phases (Phase I was conveyed September 13, 2007 as Reception No. 541978 and conserved 163.22 acres; Phase II was conveyed December 18, 2008 as Reception No. 555 ] 38 and conserves 53.74 acres and amends the 2007 easement): the easements are co-held by Pitkin County, Eagle County, Town of Basalt and Aspen Vallev Land Trust. In addition a 16.67 acre River Parcel was conveyed in I'ee to Eagle County and Town of Basalt, with a conservation easement to Pitkin County and Roaring Fork Conservancy as Eagle County Reception No. 200826646. A River Trai{ easement was conveyed to the Town of Basalt as Reception No. 11 ~ 26~a~ 04UJ01 J~ ~' 541977, and a trail easement on Light Hill was conveyed to Pitkin County as Recepfron No. 5551 i9. The County conveyed one TDR to the Applicant on 12;18/D9, The Applicant elected to close on the sale of conseivation and frail easements; and the conveyance of the river parcel prior to County approval of land use entitlements. He now seeks approval of the associated Open Space Master Plan. PROCEDLBE/PROCESS: An Open Space Master Plan must ftrs[ receive an affirmative recommendatidn from the Community Development Director. A majority of the Open Space and Trails Board must then endorse and affirmatively recommend the same conditions of approval as reviewed and recommended by the Community Deve]opment Director. The BOCC shall finally consider and approve or deny the Open Space Master Plan by majority vote. STAFF COMMENTS: Community Deve]opment and Open Space staff have been working with the Applicant to ftnalize the terms of the Open Space Master Plan and Development Agreement to ensure consistency with the Land LJse Cade and theterms ofthe previously granted Conservation Easements. The Community Developmenk Director finds that the proposed master plan is consistenk with the intent of the open space master plan. provision to preserve entire, integrated ranches, and complies with the applicable provisions of Sec. 2-40-70 of the Land Use Code, as stated in the attached Resolution. The Open Space and Trails Board reviewed the Master Plan at regular meetings on November 3 and 17, 2009; and endorsed and affirmatively recommended approval of the attached Resolution. Tlie OSTB found that the approvals sought are entirely consistent with the terms of the Conservation Easements that were acquired in 2007 and 2008. RECOMMENDATION: The Community Development Director and the Open Space and Trails Board recommend that the BOCC approve the Grange Family Ranches LLC Open Space Preservation Master Plan and Subdivision Development Agreement, subject to the attached Resolution. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE GRANGE FAMILY RANCHES LLC OPEN SPACE PRESERVATION MASTER YLAN AND SUBDIVISION DEVELOPMENT AGREE]YIENT Resolution Nu. -2009 RECITALS Grange Family Ranches LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") requesting approval of an open space preservation master plan, pursuant to Sec. 2-4D-170 of the Land Use Code. The proposed master plan is consistent with the intent of [his Code provision to preserve entire, integrated ranches and is submitted in conjunction with the acquisition of conservation easements by Pitkin County with Open Space and Trails restricted funds. The Applicant is requesting the following master plan and development approvals: A. Subdivision approval to create one 125.4 acre lot, one 8 acre lot, and one 94.2 acre lot. B. Establishment of Activity Envelopes on the three lots -three envelopes for residential development, one commercial agricultural envelope, one agricultural!existing residence envelope, a utility envelope for sewer and water lines, and a tree planting envelope. C. GMQS Exemption to construct one primary residence not to exceed 5,750 square feet of floor area and one caretaker dwelling unit not to exceed 1,000 square feet of floor area within each of the residential Activity Envelopes. D. GMQS Exemption [o construct up to 15,000 square feet of additional agricultural structures cumulatively on the property within any of the Activity Envelopes in addition to the 9, 827 square feet of existing agricultural structures. E. GMQS Exemption to construct a greenhouse of up to 3,000 square feet plus additional greenhouses that do not substantially diminish or impair the conservation values of the Grange Ranch. F. Issuance of one TDR. 2. The property is located at 408 W. Cody Lane, and is more specifically described in Exhibit A. 3. The property is zoned AR-10, contains 233.62 acres, and straddles the Eagle and Pitkin County linc. 4. Pitkin Couny partnered with Eagle County, the Town of Basalt, Great Outdoors Colorado, Roaring Fork Conservancy and Aspen Valley Land Trust to preserve the property. The conservation values include historic agriculture, wildlife and riparian habitat, public recreational access on trail easements and the river parcel, connectivity to other conserved lands, and providing a buffer to Basalt. 216.96 acres of the property has been placed under conservation casement in two phases (Phase 1 was conveyed September 13, 2007 as Reception No. 541978 and conserved 163.22 acres; Phase 11 was conveyed December 18, 2008 as Reception No. 555138 and conserves 53.74 acres and amends the 2007 easement); the easements are co-held by Pitkin County, Eagle County, Town of Basalt and Aspen Valley Land Trust. In addition a 16.67 acre River Parcel was conveyed in fee to Eagle County and Town of Basalt, with a conservation easement to Pitkin County and Roaring Fork Conservancy as Eagle County Reception No. 200826646. A River Trail easement was conveyed In the Town of Basalt as Reception No. 541977, and a trail easement on Light Hill was conveyed to Pitkin County as Reception No. 555119. 5. The Community Development Director has considered all development and impacts of development, the conveyance of one transferable development right, and the cash compensation paid from Open O~iJ~03 Resolution Pob. _-2f109 Page 2 Space and Trails restricted funds, the property interests acquired 6y Pitkin County, Eagle County and the Town of Basalt; as well as any other aspects of the final disposition of development and use of the property, and recommends that the Open Space and Trails Berard and the BOCC approve the Development Agreement. 6. The Open Space and Trails Board considered the Development Agreement at regularly scheduled meetings on November 3 and ] 7, 2009, endorsed the conditions of approval and recommended that the BOCC approve the Development Agreement. The OSTB found that the approvals sought are entirety consistent with the terms of the Conservation Easements thatwere acquired in 20D7 and 2048. 7. The BOCC considered the Development Agreement at a duly noticed public hearing on December 2, 2009 and at a regular meeting on December ] b, 2009, and accepted the conditions of approval as recommended 6y the Community Development Director and endorsed by the Open. Space and Trails Board. 8. The BOCC-finds that the Development Agreement is consistent with the applicable provisions of Sec. 2-40-70 of the Pitkin County Land Use Code, as follows:. A. The property reflects the preservation and conservation. values. identified by the Open Space and Trails Board as stated in their operating policies. 6. While a portion of the property is within Eagle County, the development approvals granted herein only apply to the portion of the property within Pitkin County. C. The property contains more than 160 acres and has not been subdivided or partitioned after July 25, 2447. D. Pitkin County has acquired an interest in the property with Open Space and Trails restricted funds in the form of conservation easements. E. The proposed density of three single family dwelling units on 233.b2 acres is considerably less than permitted by the underlying AR-I O zoning, which contemplates one unit per 10 acres. F. The proposed Activity Envelopes avoid the 100 year floodplain and geologic hazard areas, are located on slopes of less than 30%, and the wildfire hazard is low. The propertycontains the following mapped wildlife habitat areas: mule deer migration pattern and corridor, elk migration corridor and mule deer highway crossing; the proposed development will not impact these wildlife habitat areas. G. Tlie development approvals granted herein balance on-site development, theeonveyanceof one transferable development right, and cash compensation in consideration. of ang interest acquired in the property by Pitkin County against the. monetary value of the property and the conservation and community values related to the property. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby lists the Billy Grange residence on the Pitkin County Historic Inventory. BE IT FURTHER RESOLVED by the BOCC that it hereby. grants approval of the Grange Family Ranches LLC Gpen Space Preservation Master Plan, subject to the following conditions, which shall run with the land and be binding on a]I successors in interest: The Applicant shall adhere to al] material representations made public. meetings or hearings and shat! consider those representations to be conditions of approval, unless amended by other conditions. `ill.i~l7/8 Resolu(ion No. -2009 Page 3 2. All provisions of the Conservation Easements recorded as Reception Nos. 541978 and 555138 shall remain in full force and effect. 3. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall be required to submit a subdivision plat and Activity Envelope plan for approva! by the County Attorney and Community Development and recordation with the Pitkin County Clerk. The above referenced approvals shall be a condition precedent to finalization and recordation of the documents. The plat shall designate no more than three lots. 4. The Applicant may amend tF(e subdivision plat in the future to adjust the lot lines and Activity Envelopes among the three lots, subject to approval by a lot line adjustment or other process required by the Land Use Code, including a finding by the Open Space Board that such amendments will not impair the conservation purposes of the Conservation Easement. 5. Prior to submission of any building or other development permit applications for a new residence and/or caretaker dwelling unit, the owner of the lot shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. 6. Pursuant to the conservation easement the ranch will continue to operate as a ranch with the following existing and future fluor area limitations including agricultural buildings: A. One primary residence not to exceed 5,750 square feet of floor area within each of the residential Activity Envelopes. B, One Caretaker dwelling unit not to exceed 1,000 square feet of Floor area within each of the residential Activity Envelopes, except that the historic house within the Agricul[urallExisiing Residence Activity Envelope on Lot 3 may be utilized as a caretaker dwelling unit regardless of its size, provided that the total residential floor area of the combined caretaker unit and primary residence on Lot 3 may not exceed b,750 square feet. C. I S,D06 of additional agricultural structures cumulatively on the property within any of the Activity Envelopes in addition to the 9,827 square feet of existing agricultural structures. D. A greenhouse of up to 3,000 square feet, plus additional greenhouses upon a determination fmm the Open Space and Trails Board that such additional greenhouses do not substantially diminish or impair the conservation values of the Grange Ranch. 7. Prior to issuance of a building permit application for a new residence, the owner of each lot shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for imgation purposes, if applicable. B. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. C. Submit a drainage and erosion control plan fur review and approval by the Planning Engineer. If site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. D. Obtain a County accessldriveway permit acceptable to the Basal[ and Rural Fire Protection District and Planning Engineer. Access for the three new residences shall be provided via Cody Lane and/or Fiou Lane. The existing access off of Highway 82 on t oil li vl Resolution No: _-2009 Page 4 Jim Grange Lane shall be limited to access to the existing or new residence on Lot 1, as well as emergency egress and access for the residences on :all three Lots, and agricultural uses on all three Lots. E. Submit a construction management plan far review and approval by the Planting Engineer. ' F. Pay the applicableaoadand employee housing impact fees. G. Submit a detailed revegetation plan fordisturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which rt will be applied and the method of cover. H. Submits landscaping and tree removal/mitigation plan. 8. The Applicant'sproperty line is located within acne-half mile{2,640 feet} radius of the Town of Basalt's public water'system's service area, so Pitkin County may require information for analysis of the environmental impacts of connecting to the public system versus use of an individual well(s) or other water source. Based upoathe results of such analysis, the County may require that development connect to the public system if service isavailable, or that water 6e provided from a source other than the public system. Inthe event that connection to the public system is pursued documentary evidence of the water or utility district's agt,rement to service the new development must be provided to Community Development Department prior to submission pfany building ..permit apphcatiom. If the Applicant connects to the Town of Basalt's public water system the Applicant shall. pay the applicable fees for the connection contingent upon compliance with the Town's rules, regulations and specifications. The Water Court Stipulation and Agreement between the Town of Basalt and the Applicant regarding water sen•ice to the property is attached as Exhibit B. 9. Since the Applicant's property is located within one-half mile (2,640 feet) of Basalt Sanitation District's service area;,it shall connect to the public sewage disposal,system if the Basalt Sanitation Districtis willing to serve the proposed development, If service is not available from the public system, a private system may be utilized. The Applicant shall pay the applicable fees for.. connection to the Basalt Sanitation District waste water system contittgenf upon compliance with the District's rules, regulations and. specifications or if service is not available each Lot will be allowed to apply for anon-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. The Basalt Sanitation District agreed to provide two free sewer taps to the property at an in-town sewer rate, as provided In Exhibit C. 0. Utility Envelope. The Applicant can install sewer and water lines in the Utility Envelope depicted on the Activity Envelope and Lot Plan attached to this. Development Agreement as Exhibit D in order to tap into the water Sine administered by the Town of Basal[ and the sewer lines administered by the Basalt Water and Sanitation District that are parallel to Highway 82. The exact location of the Utility Envelope is subject to change as determined at Site Plan Review.. 11. Tree Planting Activity Envelope along Irrigation Ditch. The Applicant can plant or permit trees to grow along the irrigation ditch in the Tree Planting Activity Envelope depicted on the Activity Envelope and Lot Plan attached to this Development Agreement as Exhibit D in order to screen Highway $2 from the Applicant's residences}. The Applicant may not install berms in association with the tree planting in the Tree Planting Activity Envelope, but benning or other earthwork may occur in association with maintenance of the irrigation ditch. A landscape plan shall be submitted to Community Development with the Site Plan Review application for development on Lot 2 or redevelopment on Lot 1 and prior to any planting within the envelope. Reso(uNun No. _-2009 Page 5 12. The Applicant shall obtain a County Floodplain Development Permit for any and all work within the floodplain. The application shall identify any changes in flood elevations and what effects, if any, such changes will have on neighboring properties. 13. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the Activity Envelope and install construction fencing around the perimeter of the envelope or around the limits of disturbance within the Activity Envelope. All disturbances shall occur within the Activity Envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the structure. 14. All signs and lighting shall comply with applicable regulations in the Land Use Code. 15. No development, including manipulation of vegetation, shall occur outside of the approved Activity Envelopes, with the exception of agricultural uses. I b. The Applicant shall comply with the following conditions regarding wildlife: ~ A. Manipulation of vegetation outside of the Activity Envelopes is prohibited, except as related to agricultural uses. Landscaping shall be limited to the designated Activity Envelopes. B. New fences shall comply with the recommendations made in the Colorado Division of Wildlife Publication "Fencing with Wildlife In Mind," as it may be amended in the future. Existing fences can be maintained per their current design. C. New fruit bearing vees and shrubs shall be prohibited for non-agricultural residential landscaping within the Activity Envelopes. D. With reasonable notice to the property owner, access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during construction. F. Contractors shall be prohibited from bringing dogs on-site during construction. 17. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an Activity Envelope within such setbacks does not assure approval of a variance. 18. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. ] 9. Statutory vested rights for the approvals contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall be in perpetuity for the location of the identified building envelopes and floor area C~,U~.i:;~•1 Resolutran Na. -1009 - _ Page 6 for the homes and agricultural buildings identified herein, Floor area is to be calculated based on ..the rules in effect at the time of building permit submittal. All remaining issues and fees are subject o the code requirements in effect upon development. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the I ~' day of November, 2009. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 2nd day of December, 2009, APPROVED AND ADOPTED AFTER SECOND READING on the 16`" day of December, 2009. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on tha day of , 2009. BOARD OF COUNTY COMMISSIONERS, PITKfN COUNTY, COLORADO By Patti Kay-Clapper, Chair A'I"fEST Jeanette Zones, Clerk to the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~~;~ ~~ C~t~.. ~,. Cindy Houben John Ely Community Development Director County Attorney P1D 246513100002 I" i'= ~ i~~I„~Ob Legal Description- Grange Ranch Parcel A parcel of land situated in Tract 62 and Tract 61, also being situated in Section 7 and Section 18, ': ownship B South, Range 86 West of the Sixth Principal Meridian, County of Eagle and Pitkin, State of Colorado and being more particularly described as follows: Beginning at AP 7 of said '=tact 62 a 31/4" Aluminum Cap L.S. 13155, thence along the southerly line of said Tract 62 S 89°47'24" W 1386.76 feet to AP 6 of said Tract 62 a brass cap found in place, thence N 67°27'13" W 1206.75 feet to AP 5 of said Tract 62 a brass cap found in place, thence N 00°00'00" E 130D.70 feet to AP 4 of said Tract 62, thence 5 89°21'00" W 1377.82 feet to AP 5 of said Tract 61 a brass cap found in place, thence N 00°05'47" E 1318.77 feet to AP 4 of said Tract 61, thence S B9°43'52" W 25.88 feet to a No. 5 rebar found in place, thence N O1°43'52" E 224.03 feet to a point on the southerly right of way line of Highway 82 as described in Book 560 at Page 398, thence along said right of way line the following courses: N 79°08'36" E 32.08 feet, thence N 86°46'36" E 218.60 feet, thence S 75°28'54" E 467.D0 feet, thence S 72°10'24" E 360.30 feet, thence S 74°40'24" E 419.30 feet, thence S 84°10'24" E 340.20feet, thence N 70°26'36" E 121.10 feet, thence 5 89°18'24" E 600.10 feet, thence N 88°47'06" E 60D.10 feet, thence N 85°10'06" E 100.30 feet, thence N 89°44'36" E 370.00 feet, thence S BS°34'24" E 247.00 feet, thence N 00°59'54" W 46.40 feet, thence S 89°42'24" E 128.87 feet, thence departing said southerly right of way line S 00°51'00" E 2612.62 feet to the point of beginning, containing ar. area of 196.48 acres, more or less. 4 ;IIO J Ir L~J ~% ~x lam; ~~ ~- I~- _z. Legal Description- Grange Ranch- North Parcel A parcel of land situated in Tract 61, also being situated in Section 7, Township 8 South, Range 86 West an_dSection 12, Township B South, Range-67 West of the Sixth Principal Meridian, County o£ Eagle and Pitkin, State of Colorado and beingmore particularly described as follows- Beginning at a point, whence Corner No. 5 of Tract 61 bears S 00°24'17" E 2128,40feet, thence 137.50 feet along the arc of anon-tangental curvetothe righbhaving. a radius of 703.50 feet, a cent ralangle ofll°ll'S6". and subtending a chord bearing of S 74°35.05" E 137.29 feet to apoint in afence line, thence along saidfenee line the following. courses: S 73°41'27" E 154.77 feet, .thence 255.24 along the~are of a non-tangental curve to the left, :having a radius of 394.74 feet, a central angle of. 37°02'51" and subtending a chord bearing of S 88°27'.45"E 250..82 feet, thence. N 75°39' 33" E 73 .34 feet, thence. N 73°46'30°E 126.53 feet, thence.. N 72°28'29" E 166.03 feet to the northwesterly corner of .the Basalt Sanitation District Parcel described in Book 215 atPage b5, thence Along theboundary of said parcel the following nine courses: S 24°31'40" E 33D.00 feet, thence _ N86°00'01" E 624.78 feet, thence S 29°20'25" E 62.19 feet,. thence N B6°00'00" E 39.49 fee L-, thence S 3D°42'32" E 74.03 feet, thence 5 62°36"10" E 125.32 feet, thence N 13°29'06" W 419.44 feet, thence - N 04°00'00" W 103.96 .feet, thence " N 67°03'27^ w 84.52 feet, thence departing said parcel along a fence line 09°49'45" E 105.04 feet,.thenCe N 09°49'45" E 80.80 feet, thence S80°43'08" E 312 ..B7 feet; thence N 89°.01'43" E105.24 feet, thence - S 58°23'53" E 28.86 feet, thence N 88°15'14" E 117.03 feet, thence S 63°14'44" E 14B.59 feet, thence S 72°31'35" E 239.66 feet, thence departing saidfence line S 00°19'02" W 692.13 feet to a point on the northerly right of way line of Highway 82 as described in Book 560 at Page 396, thence along said right of waythe following courses: N 89°12'54" W 125.96 feet, thence N 89°12'54" W 476.80 feet, thence S 00°15'24" E 50.00 f eet, thence S 89°44'35'! W 100.00 feet, thence S 84°44'06" W 114.70 feet, thence N 84°50'54° W 379.50 feet, thence N 75°01'24" W 166.30 feet, thence N 66°08'54" W 61.30 feet, thence N71°01'44" W 124.00 feet, thence N 70°48'24" W 66.70 feet, thence - N 75°3D'24" W 75.20 feet, thence N 89°06'54" W 9.40 feet, thence N 68°59'24" W 74.p0 feet, thence N 69°01'19" W 95.20 feet, thence ~E~IJi%1V N 73°17'SS" w 338.70 feet, thence 445.72 along the arc of a curve to the left, having a radius of 1263.90 feet, a central angle of 7.0°12'21" and subtending a chord bearing of N 88°41'11" W 443.41 feet, thence departing said right of way line N O1°39'46" E 91.33 feet, thence N 00°55'14" W 329.95 feet to the point of beginning, containing an area of 30.56 acres, more or less. !'=a-°111 ~jG~` ~t ~ ~ Exhibit A DISTRICT COURT, WATER DIVISION NO. 5, COLORADO 104 Eighth Street, Suite 1(}4 Glenwood Springs, Colorado 81601 O OI2 C IAN6E OF N F F CONCERNING THE APPLICATI WATERIiTGHTSANDA.PPROVALOFAMENDEDPLAN FOR AUGMENTATION OF: FILE D ~NCaMelr~ocouFrr GiRRFIELD CAUNTY. CA THE T0'VVN OF BASALT, COLORABO, NO V 2' 9 20t}1 in Eagle and Pitkin Cauafies, Colorado. Colorado: Town ofBasalt Attorney for the Applicant , , Tom Kinney, Esq. Hill, Edwards, Edwards & Kinney, L.L.C. • COURT USE ONLY 4 502 lvlain Street, Suite 201 Carbondale, Colorado 81523 Case Number: 00 CW 2~2 Phone Number: (470) 963-3900 E-mail: tk@heea_com FAX Number.. (970) 963-3131 Atty. Reg. #: 25830 Division: Courtroom:. STIPULATION ANI3 AGREEMENT Applicant, Town of Basalt, Colorado, and Opposer, Grange Family Ranches LLC ("Grange"), hereby stipulate and agree as follows: 1. Upon entry of an order by the Water Referee approving this Stipulation and Agreement, Grange hereby agrees to withdraw its Statement of Opposition filed in this proceeding on Febraary 27, 2001, and stipulates to entry.of a decree in this proceeding incorporating terms and conditions no less restrictive on the Applicant than those terms and conditions contained rn the proposed Ruling of Referee dated September 24, 2001 and attached hereto. as Exhibit A. 2. .Applicant shall continue to serve copies of all pleadings, notices, requests and proposed decrees upon Grange's counsel which may be filed by the Applicant in this proceeding and during the period of the Comt's ten (10} year retainedjurisdictionover the amended plan for augmentation approved by entry of a decree in this proceeding. Grange's legal counsel may participate in any proceedings before the Court concerning the adjudication. of the Applicant's Application far Water Rights imthis case. Applicant shall, prior to October 26, 2001, make available to Grange a one (1} inch connection into the Town of Basalt municipal water system for emergency use of water for domestic, stock watering and. lawn irrigation purposes without cost to Grange by: (a) installinga fire hydrant within the Applicant's street right-of--way immediately adjacent to Grange's property and at a location proximate to the point of connection with the Applicant's rnunicigal water system; and (b) providing Grange with an appzopriate fine hydrant wrench and one {1 }inch connection to said fire hydrant. GIBASALTWater?4pOCW252.StipulaAOn.C~ge. (~IOOl.wpd Odo6cr ]0, 2001 ~ai=.al t~vij~ District Court, Water Division No. 5 Case No..00 CW 252 stipulation and Agreement Page No. 2 of 3 4. Applicant shall immediately provide Grange with water on a temporary basis from the Applicant's municipal water system for domestic, stock watering and lawn irrigation purposes in the event of an emergency situation during which Grange is unable to divert groundwater as historically diverted at the Grange Weil No. l and Grange Welt No. 2, decreed for domestic, stock watering and lawn irrigation purposes respectively in Case Nos. W-1131 and W-1132, and the three (3) additional wells permitted under Well Permit Nos. 26304, 36581 and 40486 or as historically diverted at any one of these five (5) wells (hereinafter referred to as the "Grange Wells"). The provision of water by Applicant on a temporary basis shall include physical delivery of water by Applicant at such points and locations and at such rates of flow as have been historically used by Grange for domestic, stock watering and lawn irrigation purposes. Should Applicatrt divert groundwater at Basalt Municipal Well No. 9 during the non- irrigation season (November through mid-May), and should production from any of the Grange Wells decline so as to become less than the historic production frozrf these wells during the time Applicant is diverting groundwaterduring the non-irrigation season or within test (I O) days following the cessation of diversion at Basalt Municipal Well No. 9, Applicant shall do all of the following: (a) immediately provide water to Grange front Applicant's municipal water system, including physical delivery ofwaterby Applicant at such points and locations as have been historically used by Grange, in as amount and at a rate sufficient to satisfy Grange's reasonable and necessary domestic, livestock watering and lawn irrigation demands; (b} make a permanent one (1) inch connection between the Grange water system and the Applicant's municipal water system by installing properly sized underground water pipelines and all other reasonably necessary water delivery infrastructure as soon as weather conditions permit construction; and (c) after substantial completion of construction required pursuant to Paragraph 5.(b) above, provide water to Grange from Applicant's municipal water system in an amount and at a rate sufficient to satisfy Grange's reasonable and necessary domestic, livestock watering and lawn irrigation demands. Applicant's obligafions pursuant to this Paragraph 5 are in addition to and in furtherance of those set forth in Paragraph 3, above. 6. Grange shall have access to Applicant's pumping and diversion records for Basalt Municipal Well No. 9 upon twenty-four (24) hours' verbal or written notice to Applicant's Public Works Director. Applicant shall promptly furnish Grange with copies of any pumping and diversion records for Basalt Municipal Well No. 9 requested verbally ar in writing by Grange. This Stipulation and Agreement shall terminate upon ten (10) days' advance written notice to Grange should water provided to Grange from Applicant's municipal water system pursuant to the terms of this Stipulation and Agreement be used for development purposes or for any purposes otherthan domestic, stock watering or lawn irrigation by Grange without G:IHASAL'P W maU000W25?.StlpulaUOn.Grnge.lei901.wpd OdobC 10, 2a0I )OoI3 District Court, Water Division No. 5 Case N,o, 00 CW 252 Stipulation and Agreement Page Ito. 3 of 3 the prior written approval ofthe Applicant, Development of any portion of the property owned by Grangenotaffectin~ waterusefromApplicant'smunicipaiwatersysteinpursuant to the terms. of this Stipulation and Agreement shall not constitute a violation or breach of this' Stipulation and Agreement. This Stipulation and Agreement shall terminate should a decree not be entered by the Court in this proceeding. 8. This Stipulation and Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, successors and assigns. 9. All expenses and costs incurred by the Applicant in fulfilling its obligations hereunder shall be solely home by the Applicant and Grange shall not be liable or responsible therefor. Grange shall not pay any tap or connection fees, or any usage or service chazges, for water famished to Grange from the Applicant's municipal water system pursuant to-the terms of this Stipulation and Agreement: Grange shall not be liable or responsible for, and Applicant shall indemnify Grange and hold Grange harmless €rom, any claims, damages, injuries, demands and recoveries arising from Granga's reasonable and pioper use or attempted use of water from Applicant's muticipal water system pursuant to the terms of this Stipulation and Agreement. Each party shall ba responsible for its own legal costs in this proceeding. 10. This Stipulation .and Agreement is incorporated by reference into Paragraph 4 of the proposed Ruling of Referee attached hereto as Exhibit A`. Respectfully submitted this ~ day of wpuE,»r3r-'2 ; ~OOI TOWN OF B AL ,COLORADO BILL, EDWARDS, EDWARDS & RINNEY, L.L.C. Attomey~s-f}or tha App/liJca~nf; Towct of Basalt, Colorado BY- $Y~ ~f,cz~r.~ yll~~r Ri hard .Stevens, Mayor Tom Kinney; No. 26$3 GRANGE FAMILY RANCHES, LLC .TAMES M. CARSON, P.C. Attorney for the Qppvser, Grange Family Ranches,. L.L.C. 13y:G~~ Q(~4~t~,~ ,, By:_ ~t~at.r,-~ ~~'. ~c~...,.a-,-~ Wi'lliam~l. Grang ,Manager lames . l,arsan, Na. 2603 f:lBA5AL7~ Wa2~14000 W 252.SYipiil azion.Gran8a.101001.wpd October lo, zaol ~~ll~lrs E7CHIBIT 'D" to CpT1TRACT TO A!m 'SI*T•r, ~.AL ESTATS a. Purchaser at its sole cost and expense shall construct and maintain the roadway on the new access and sewer easement and all fences and other improvements to be installed by Purchaser hereunder; and Seller shall not be required to contribute thereto. Purchaser sha31 not relocate the existing fences along the roadway within the new access and sewer easement, without Seller's prior written consent PROVIDED THAT Purchaser shall erect fencing between the southeasterly corner of the PARCEL TO BE ACQUIRED and the northeasterly £enceline along said roadway. Purchaser shall at its sole cost and expense provide and maintain at all times adequate liability insurance to protect Seller and Purchaser for the use and possession of the easements described on ERBIBIT "B" and "C"; and shall furnish Seller written proof of such coverage. b. Purchaser shall install and maintain in a good and workmanlike manner and in good repair and operating condition within the new access and sewer easement, one or more sewer pipelines and appurtenances. In case of any installation, maintenance, replacement or repair, Purchaser shall promptly fill and level any excavation, 'remove from Seller's property encumbered or adjacent to the easement any rocks or boulders brought to the surface, and reseed any vegetation disturbed by such excavation, installation, maintenance, replacement or repair. c. Seller is entitled to a total of two free sewer taps from Purchaser including the tap previously granted by Purchaser to Emil Grange in Agreement of April 21, 1969 to which Seller is now entitled. The taps shall be utilized on Seller's larger tract of land of which the Property is a part, at specific locations determined by Seller. Seller shall pay costs of installation and connection, and upon service hook-up and commencement of service Seller shall pay in-town sewer rates then charged by Purchaser. d. Purchaser shall construct a good and substantial fence around the PARCEL TO BE ACQUIRED portion of the Property along its boundaries and thereafter at its sole cost and expense maintain the same in a good and workmanlike condition at all times sufficient to turn livestock. %~'~i~15 e. Temporary Construction Easement [TBIT "C"]: Purchaser shall in a good and workmanlike manner fence the perimeter boundaries of the easement and maintain same in a manner at all times' sufficient to turn livestock. Upon substantial completion of construction by no later than April 1, 200E of the improvements upon the Property, Purchaser shall cause the easement to be reconveyed to Seller, the temporary livestock fence removed, and-the ground occupied by the easement to be restored to'pasture land which shall by ho later than Rpri1 30, 2D03 be in as good or in better condition than when Purchaser first_toek possession of the porticn of the Property encumbered.by the easement. Such restoration mustn~eet with Seller's reasonable approval. Purchaser shall recuire o£!its cdhtractor responsible for construction of the improvements on .the Property, that continuously during Purchaser's possession of the easement a1i fuel, oil,-anti-freeze ahd all othdr hazardous material spills or materials waste must be cleaned up promptly and in accordance with applicable. local, state and federal standards. Purchaser shall monitor the soil and grbundwater to detect any potential contamination; shall promptly advise Seller o£ any such contamination; and shall promptly remove any contamination by hazardous or dangerous waste cr material detected by the monitoring and replace the same with materials suitable to Seller. f. Purchaser shall provide dust suppression o£ the Property throughdut the construction project undertaken by Purchaser on the Property and on Purchaser's existing landholdings {the 7.647 acres t/-j, tb a degree reasonably acceptable to Seller. g. Purchaser shall install and maintain two, 12' metal gates with locks at locations to be determined by Seller near the southerly terminus of the westerly leg of the new access and sewer ea ement described on EX&ISIT "8", and provide Seller with .keys. h. Purchaser. shall not force Seller into the boundaries, requirements, or`service area of Basalt Sanitation District unless Seller gives and grants its full, voluntary consent thereto.. i. Purchaser shall finish constYUCton of its plant expansicn and improvements for which purpose the Property is being acquired by no later than April 1, 2001. 10 t • ~. C~ _ i' n ... .. ~u ::... ... - .. % ..n,... .x2sm? Jz~~.'.~"' ~ 'A{i. ..mm c ~. ~u.~- -5 The tbW haZat{$ de;~~fed ai C+is mfr were 4Makx E fw Me Town 8 salt. TM aer+'eV dau been Pra'+1 M Tine Survet!,4ervices. G .w` .. ~.~ ., urc NRi Activity Envelope and Lot Plant Pitttin Cainty, Co{arada re.~ea ~inaro&aya:e~anasneao,t~. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Grange Family Ranches LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for The Grange Family Ranches Open Soace Master Plan (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 008-2008 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the cosis involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate "rf an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission andlor Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees to pay review fees for actual time spent by staff to process the application. The COUNTY will bill the APPLICANT upon review completion. Payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT h•~JL,rQytf != 7-~R~,,i~ ~ ~,ds! KkJd-k'S l,~C Cindy Houben Print tame /~ Community Development Director ~~)~,.e~..~ Q~nn..e y ~,~,Ag Signature Date:L, p Mailing Ad ress: !~0 L 7l© L s9 uFsv9,t, ~' C'u ~// z~ Effective 4/9/08 G:county\admin\formslagreement to pay UUiJ7Vj ~'13 Open Space and Trails Memorandum To: OSTB CC: Hilary Fletcher, John Ely, Cindy Houben From: OST staff Date: 1 1 / 17/09 Re: Staff updates 2010 Budget: Please see attached 2010 Budget Agenda Item vSummary and related [°aterials. We should reserve all the available time betwe 9 and loam to discuss these materials in preparation for discussion with the CC at 10. Staff will also have brief a "2009 Year in Review" power point sli show at the beginning of the BOCC meeting to recount our major projects of is year. Discussion on the balance of the topics in this memo should bed erred until after our BOCC discussion. Smu ler Forest O erations Monit fin U date ; Staff from the City and County met with For the Forest to determi~ how to release the data and report from the Smuggler Mountain monitoring. nor the Forest is sponsoring a symposium on Mountain Pine Beetle on Deceu er 17, 2009 and has invited the report's lead author Dr. Nancy Gillette ofkhe USFS Pacific Southwest Research Station to present at the symposium,'t'his symposium will also include Governor Ritter and potentially Harris Sherptian, the Under Secretary for Natural Resources and Environment at the iJ?$. Department of Agriculture and former head of the Colorado Department of Natural Resources. Staff is working with For the Forest to ensure that the report is `put in context to preface the report by stating that this report only coa4ains data and does not contain specific management prescriptions. After the report is released anH, reviewed by City, County, and local USFS staff, a forestry,ritanagement plan for S` uggler Mountain will be created to address future forest J#ianagement options and co s. Staff will be working to complete this man Bement plan by April, 2010 wit significant public input and review by the Roaring Fork Valley Forest Coalition. Ads en Chapel land trade: Staff are working with the Chapel to move this forward. w Grange Open Space Master Plan: Billy Grange elected to close on his sale of conservation and trail easements, and the river parcel, prior to County approval of land use entitlements. He now seeks County Approval of an Open Space Master Plan. BOCC action on this application is contingent on your endorsement. The approvals sought are entirely consistent with the terms of the Conservation Easements that we purchased in 2007 and 2008. These easements, as well as our contract for their purchase, anticipated a total of three homesites, all limited to 5750 ft sq for the primary house and an allowance fora 1000 ft sq caretaker unit. Two of these homesites contain existing houses of much smaller sizes. The proposed Master Plan approval grants these entitlements in exactly the locations provided in the exhibit to the conservation easement. I I' 17'09 Rc7iulsirMumina OPEN SPAC'I' k"I R.\ILti t3OAKD NON CONFIUEN"DIAL PA('Ktfl' I of 58 GOUL(i2 At our last meeting, Grange introduced a list of additionatadjustments. (see attached list from last week) Based on these additional requests from the Grange Family, Suzanne Wolff has revised her Resolution Approving the Development Agreement (see attached draft resolution). Staff have reviewed this list of requests along with the revised Development Agreement and findthem to be consistent with the terms of the conservation easement. Among the additional requests submitted by the Grange Family at the last meeting was the request for utility and landscaping envelopes. The conservation easement did not expressly anticipate these envelopes and is silent on the installation of utility lines and specifics regarding landscaping. To clarify among alLparties that installation of undergroundutilities; as requested, and vegetative screening specifically for the residence at Building Envelope 2 only is consistent with the intent of the. conservation easement a "letter of interpretation" has been drafted to be signed by all grantees of the conservation easement (also attached). Such letters are used to address certain ambiguities, omissions or technical questions that may arise regarding conservation easement. After consultation with AVLT and GOCO, staff believes that this is an appropriate tool for clarifying the purpose of the conservation easement specific to the Grantor's. requested uses. At the last meeting, Howie inquired about the possibility of additional public access on the ranch for nordic. We believe this discussion should not be linked to the current application, which is simply implementing our prior agreements. It is worth noting that thepublic accesagained in the Grange project.. was huge, and includes outright ownership of 16 acres of the Roaring Fork River Corridor as well as trail easements from Emma Road to the River and across Light HiIL Staff recommendation: Recommend Approval of the Grange Ranch Open space iviasterrran w uie nuaruu~ wuury ~.umu~„a.v,.o,a... V ` ~ -.. / ~ Emma Townsite: The response to our RFP has been impressive. Staff should have `~ an initial tally of the range: of bids received in time for our meeting. OSTB Meeting Schedule: We have two larger presentations. we are seeking to schedule before year's end; the Water Strategic Plan update and,the Hidden Gems.. However, our meeting on December 15 is somewhat constrained by our lastquarter joint meeting with the BOCC from 11-lpm on that date. We should discuss how we want to balance those presentations, our final quarterly Joint Meeting, and our need to analyze a growing list of potential new acquisitions. I 1 117/09 Kegul~rrMeeting OPEN SPACE &'1'RAILSIIOARD NON CONFIDENTIAL PACKET. 2of58 ~~`~~~J THE GRANGE FAMILY RANCHES LLC OPEN SPACE PRESERVATION MASTER PLAN AND SUBDIVISION DEVELOPMENT AGREEMENT DISCUSSION POINTS FOR THE NOVEMBER 3, 2009 PITHIN COUNTY OPEN SPACE AND TRAILS COMMITTEE MEETING n The Grange Family would like to clarify that they are hesitant to put the existing w Billy Grange residence on the historic inventory. In particular the Grange Family is concerned that the Residence will not be able to be demolished if future owners desire to do so in order to build a new 5,750 SF residence and 1,000 SF caretaker dwelling unit on Lot 3. The Development Agreement should include the language from paragraph 4.d. of the Conservation Easement that states that the historic house may be utilized for a caretaker unit regardless of its size provided that the total residential floor area of / the combined caretaker unit and primary residence may not exceed 6,750 SF. `+ The Water Court Stipulation and Agreement between the Town of Basalt and the Grange Family Ranches for Town of Basalt water service to the Grange property shall be included as an exhibit to the Development Agreement. This exhibit describes the Town of Basalt's obligation to provide municipal water service to the Grange Property. J Item C of Exhibit "D" to the Contract to Buy and Sell Real Estate between the Grange Family Ranches and the Basalt Sanitation District shall be included as an exhibit to the Development Agreement. This Item identifies that the Grange Family is entitled to a total of two free sewer taps from the Basalt Sanitation District at an in-town sewer rate. ^ n,~N ~ The Grange Family would like to add an activity envelope to construct utilities ~ ,J~/'~ and revegetation along the south side of Highway 82 if they are required to hook ~,~~'~ ttt---"'""" up to the Town of Basalt water distribution system and/or the Basalt Sanitation G~ .p•'r-~ District's wastewater facilities in that location. v5 FL-..`ti -t^"r j tiro-a''-w'/ The Grange Family would like to add a landscape envelope along the irrigation ditch that runs along the north side of the Lot 2 activity envelope in order to plant vegetative screening along the ditch. ~~ L . . Uva.~l l $,c6i^R- '~ r.J-f~~ -3 dE~J ~ Ud~..D ~b"v~~ ~~l(t~ ~~~J(i4 November 11.2009 Billy Grange Grange Family Ranches 408 Wcst Ludy Lane 13xsaIL Colorado 81621 Uoug PruOe The Land Studio 1002 Lauren Lane Basalt, Colorado 81621 1<cn Ransford,P.C. 132 Midland Avanic, Suite 3 Basalt, Colorado 81621 Rl: Utility and Landscaping hnvclopcs for the Grange family Ranches )car Billy, Doug and Ken Pitkin County and its co-grantees in the Conservation Basement on the Grange Family Ranches- have received and reviewed your request for a utility and landscaping envelope. These envelopes have been requested in the context of the Open Space Master Plan Development Agreement for the Kanch. Alter reviewing the Amended and Restated Decd of Conservation lSascmait recorded al No. SSS 138 in Pitkin County ("Amended Uced"). the grantees of the casement have (ixiod that thu issue of as underground water and sewer line and landscaping fbr visual screrning purposes is not clcnrly orspucilically addressed by the cuscmunl. In order to clarify that Ihul the requested uses arc consistent with the intent of the conservation casement. and do not substantially diminish or impair thr conservation values of the Change Ranch as required by Scclion 4 of the Amended Decd, we arc providing this letter oJ' interpretation. I'he grantees find Thal the proposed installation of an underground water and sewer line, as depicted approximately in pink in Exhibit A, attached hereto, is consistent with the 1017'09 Rreularbieetin¢ OPEN SPAC[ & l-RAILS [iOARD ~1G of ~8 NOti COKFIDENTI:>l. PAChET ~~U?(i5 intent of the conservatioir easen~eut, provided that tl2e trench {'or kkie waterline be revei;etated in accordance with 1'itkin County recjuircmentsfor ccvegctation as saon as reasonably possible after installation and subseyrient maintenance or relater! disturbance. p T'he grunters further find that the request to install visual screcnin~ for E3uilding Lnvelope ~2, as depicted in ~rccn in Exhihit ~, is not tuconsistent with the intent of the cansetvation easement, provided that the tiers arenat~ve or nanminvasive at~d not listed tin the Calarada Noxious Weed L,isl (i.e., l'tussiau olive nlay not he used). "the intent of this lstttdscaping is to scree~~i the residepce on 13uilduig 13nvelgpc ~t2 from Stale Fi'ighway 82, and should trot otherwise result in a loss of the public's visrial access to the remtiinder of the ranch. T'hanl< you Far commm~icating with us can these mxttets. If you 1>eve I''ui~tller questions, please contact the.Pitl<in County Open Sptiee and "trails Office. Sincerely: Dale Will, llireetor Pitltiii l.'ow~ty open Space and "trails 'Gown of 13asa1t 111(7/09 RegularMeeting Mat-tha Cochrano }u,xecutive Director fispen Valley Land"Ci°ust Nagle <'ounty OPEN SPACE &'i'KAtLS I30AKD NON CONF(DENT(AC P'AC'KET 47 of 58 available for expenses, subject to final boundary approval by staff and securin¢ Nordic easement. ~~ Grange Open Space Master Plan: Billy Grange elected to close on his sale of conservation and trail easements, and the river parcel, prior to County approval of land use entitlements. He now seeks County Approval of an Open Space Master Plan. BOCC action on this application is contingent on your endorsement. The approvals sought are entirely consistent with the terms of the Conservation Easements that we purchased in 2007 and 2008. These easements, as well as our contract for their purchase, anticipated a total of three homesites, all limited to 5750 ft sq for the primary house and an allowance fora 1000 ft sq caretaker unit. Two of these homesites contain existing houses of much smaller sizes. The proposed Master Plan approval grants these entitlements in exactly the locations provided in the exhibit to the conservation easement. Staff recommendation: Recommend Approval of the Grande Ranch Open Space Master Plan to the Board of County Commissioners. Open Space Master Plan Code Re-adoption: On a related note, the Code section pektaining to these plans has expired and requires reauthorization. The Grange appti~cation was received prior to this sunset and will be processed under the earlier provision. The draft reauthorization Ordinance is attached for your review. Due to the time constraints of our meeting on 11/3, staff suggest that we not entertain a lengthy discussion on this now, but we invite the OSTB to read the reauthorization carefully for further discussion on 11/17. 2010 Budget: Please see attached 2010 Budget Overview memo and related materials. We would Tike to go through these to identify any changes desired by the board so we can finalize your recommendation to the BOCC on 11/17. Crystal Trail: Construction continues apace. Based on OSTB concerns, we directed Heyl to utilize significantly more signage on the job site, which seems to have improved the situation. Meanwhile, the CHP have agreed to focus on this section of the road, and apparently have already raised significant revenue enforcing the normal speed limit. We have also explored the requirements for seeking a reduced speed limit. Since our project doesn't fall square into CDOT's reduced speed trigger (We aren't impinging orr2, traffic lane and we don't require flaggers), this course of action would require we hire a traffic analyst which would result in further expenses. Staff believe the adjustments already made have adequately addressed the Board's concern for saf'efy in the construction zone. Emma Townsite: Our RFP is generati high interest, with 15 contractors from around the State requesting bid packages t date. Bid deadline is 11/15, and we will provide a preliminary report on the range o bids at our 11/17 meeting. It would appear that we continue to enjoy a very advantageous climate for capital improvement projects. NON-CONFIDENTIAL PACKET 2 of 87 OPEN SPACE AND TRAILS BOARD MEETING OF NOVEMBER 3, 20092 Onen Space and Trails Memorandum To: OSTB CC: Hilary Fletcher, John Ely, Cindy Houben From: OST staff Date: 11/03/09 Re: Staff updates Summary: We have three items queued first"on the Agenda which staff believes can be processed fairly quickly, the ABC Trail, Aspen Chapel, and Grange Approval referral. In working through these three items; we suggest that the Board should reserve careful attention to its review of our proposed 2010 budget, which contains the first phase of our Strategic Plan Implementation, and has been a primary goal of the Board in the past year. ABC Trail Connection: The City'Open Space and Parks Department desires your recommendation in favor of utilizing an "orphan" county trail easement that enters the Airport Business Center along the southern edge of the Aspen Self-Storage Units. There is currently a social trail that has developed from demand by Burlingame residentsr Most of this route around Deer Hill lies on City lands. The City has evaluated wildlife concerns and has scaled their proposal down from a hard surface trail originally envisioned. We believe that an environmental balance is best achieved by recognizing a pedestrian need to access the ABC from Burlingame without use of motor vehicles. This trail also sets the stage for a better connection between both Burlingame and the ABC onto the Rio Grande Trail See attached map. We are presently experiencing a problem of Burlingame residents pioneering social frails down the hill to the Stein Bridge for access to the Rio Grande Trail We believe a long term partnership with the City is needed to create links that will serve both Burlingame and the ABC, and solve the present maintenance hassles with the "Stein 69".stair system. Brian Flynn will attend our meeting to make abrief presentation and explain why both near and long term goals, and answer any questions you may have. Staff recommendation: Endorse the City's proposed use of the County Trail easement for the trail. connection into the ABC. Aspen Chapel land trade: The Open Space Board indicated its tentative endorsement of staffs recommendation in favor of the proposed exchange (as ,described in the attached letter from Alicebavis) last spring. The advantage to us is getting the piece of Meadowood Drive that we would .need fora trail linking the Hospital and High School Trails. Since then, we have received and endorsemenYof this proposal from the Nordic Council; which also wants a potential new Nordic connection north of the Chapel to be considered. See map. The City Open Space Board also supports the exchange, and supports the request from the Nordic Council. Alice bas also requested that we share in surveying and com dev costs. The exact boundaries of the trade parcels would need to be staked and approved by all. Staff Recommendation: Approve the proposed exchange with up to $2000 = NON-CONFIDENTIAL PACKET 1of 87 `s (y ~~ {~.f'; Q OPEN SPACE AND TRAILS BOARD MEETING OF NOVEMBER 3, 20091 The flood hazards depicted on this map were p red by McGlaughlin Water Engineers for the Town of Basalt. The survey data has been provided by Tuttle Survey Services. Ittltltttl@ ~~ o .ca Sao Lotting Plan Option B2 Grange Family Ranches LLC i'+-. Pitkin County, Colorado ,~ „~,t~ prepared 7!27109 by the Land Studio, Inc. RECEPTION#: 551406, 07/24/2008 at 03:53:12 PM, 1 OF 2, R $0.00 Janice K. Voa Caudill, Pitkin County, CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY, COLORADO, AUTHORIZING DISPOSITION OF A TRANSFERABLE DEVELOPMENT RIGHT HELD AS THE PROPERTY OF PITKIN COUNTY ORDINANCE #C(~, SERIES OF 2008 RECITALS 1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources in Pitkin County, and established an Open Space and Trails Boazd of Trustees to guide the expenditure of those funds. 2. The County has previously entered into a contract to purchase a wnservation easement from Billy Grange, which contract also provides for the issuance of one transferable development right (TDR). 3. Pitkin County currently owns a TDR which was originally issued on other lands and later conveyed to the County ("Owned TDR"). 4. The County now desires to allocate an Owned TDR, as a substitute for issuing a new TDR, to satisfy the terms of the contract for the Grange conservation easement. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that: 1. The Board approves the conveyance of one Owned TDR in satisfaction of the contract for purchase of the Grange conservation easement. 2. Except has expressly provided, nothing contained herein is intended to modify Ordinance 31-2006 authorizing the purchase of the Grange conservation easement, or the terms of the resulting contract. INTRODUCED, FIRST READ, AND APPROVED ON THE 25th DAY OF NNE, 2008. NOTICE OF PUBLIC HEARI G PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE,29°~ DAY OF 2008 ,;,,~ ~;~ .`~~~ RECEPTION#: 551406, 07/24J2008 at 03:53:12 PM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO D/J/; D(Ss- ,005' APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 9th DAY OF JULY 2008. PUBLISHED AFTER AD~TION IN THE WEE {END EDITION OF THE ASPEN TIMES ON THE ~D DAY OF ~/~ y 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO G i~C' u' ~ Jea ette Jones G~ c Hatfield De uty Clerk airman Date: 7/~~d APPROVED AS TO FORM: Dale Will, Director Open Space and Trails Program . j ,~~_~ Hilary Flet r County ger ~ ~, ,. zon ~r.~s F~. , ~ a ral.cu ~ ,~ ~~ parcel,. ~n,~ ' ~ ~B giver rm~ y~.l _ ~ N~ ~a~~w ~'P'CLCC C`t I _. ~ _~ `ip~~ -~ wnw nwx. ry yy°Mr a -~ F - k @ ~-, N~~ \ ~\T \ T\~\\\ amt Aat _ ORIE IQVM RaaS Mtl \ n «an rau« rffim Dun a mm Hass aa) amn v aaarD sagas rtes amss q IaI.A b16L0 H.N «LA /' -.. LINE T ABLE LBE LEAGRI ICAPAG Ll LIBA N RYT6' V [! la# S 9IiB'SC V v wa x aeveaD' v LI lS)lJ S ANA' V LS !A4 N V Ls x v L) YA% NN9nYE 1B AyA S D'I'@' V LD MA N LN LRA N.C1O'F LN R S rTI'E!' 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Ihb ActAlry Gh'Wb Ens P/an xw (r% acnpfB/ W Aay .<,~ ~_ y, - , ." ,'= ..,, =,~ ... - .. ,- ~. , - r.~.:~ n me omw of m. a.,r one R]oo-e or Pnrn coxn6/ cvomw .. ~II4tJ5' Y._. 5491T r-w .......,~ _ Mb~Y of_. 2008, h Pbr Book_m PBDD-~ Rx~4tkn x j Frrc/ r sew xN.av `\Y//7 sr ww..m. a.+ oNe /rBOrer ..., PUBLIC NOTICE RE: Grange Family Ranches LLC Open Space Preservation Master Plan and Subdivision Development Agreement NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, December 2, 2009 at a regular meeting to begin at 12:00 PM or as soon thereafrer as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider adoption of the following resolution: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY COLORADO APPROVING THE GRANGE FAMILY RANCHES LLC OPEN SPACE PRESERVATION MASTER PLAN AND SUBDIVISION DEVELOPMENT AGREEMENT The property is located at 408 W. Cody Lane and is legally described as land situated in Section 7 and Section 18, Township 8 South, Range 86 West of the 6`h P.M. and in Section 12 and Section 13, Township 8 South, Range 87 West of the 6`" P.M.. The State Pazcel Identification for this property is 2465-131-00-002. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970)920-5093. Jeanette Jones, Deputy County Clerk Boazd of County Commissioners Published in the Aspen Times Weekly on November 1, 2009. J~ Inv~i~e _:.:_- Date: 12/18/7A09 Coaununitp i~eveiovment •130 S Galena St _ Third Floor Aspen, CO 81611 970-920-5109 ~~' ~ ~°~ Name ~ ~ JAN l i 201 To: Open Space & Trails PAll3~ Pitkin County Date~.~_ f 2-1 D Q~Tf4N 530 E Main. St AUth # F~IdANCE Aspen; CO 81611 97(IA20-5232 nne Wolff Dne upon receipt 250 DraftDA.. $ _..:.249.00.:.$.,':.:.::...,...:622.50. 250. Revisions to DA : 249,.00 ; :.. : _ :. ,.:622,5 :. ........ , , . _.R 249.00 .........' '.:'::.498.00 2.00 _.. .....OSTB meetin. s.i1/13.&_17/2009..._..~.:........:_._.............:.._._ .............. _ ...........,.,......,._..... 1.00 ' <; ~BOCC meeting 12/2 & 16 ; . ` ' .' . ' :.:.. ~ ` .249.00:: ` 3:` ' !. `349.00 ;. :.::... :. .:. .:.:130.00 ,. •.:54.00.: 'Public Notice Pee :: ' 25 00 WebTechnolopyFee,.._ .................................,.........:._...._............ _...:..,.., .. ..;.:..; ..,•... .. _ . .. .. . PI7ICIN COLifV1'V PI~YYRiENT APPRC3VAL Godfngg..or PO:#...... _...: Receive b /. 1.I o fa~~..r ~ .....:....-........... , _ Autho ~ zed .. :......... .... .. : RET RN"1"O FINANCE _ :.. Subtotal $ 2,201.00 . Sales Tax Total $ 2,201.00 Make all checks payable to Pitkin County Treasurer Thank you ! 130 S Galena St Third Flooz Aspen, CO 81611 v -,~ ~_ . n 1 PITKIN COUNTY COMMUNITY DEVELOPMENT Invoice Submitted To: Doug Pratte PO Box 107 Basalt, CO 81621 Landstudio2@comcast.net December 18, 2009 In Reference To: Grange Family Ranches LLC Open Space Preservation Master Plan and Subdivision Development Agreement (Case P126-09; PID 2465-131-00-002) Flat Fee Clerk Fee Public Notice Fee Web Tech Fee Please make check 8 hr @ $249/hr $1,992. $130 $54 $25 to "Pitkin County Treasurer" Total Due: $2,201. Please remit check to: Pitkin County Community Development 130 S. Galena Street, 3`d Floor Aspen, CO 81611 Attn: Bonnie Waechtler