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HomeMy WebLinkAboutpitkin.planning.273510203002DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735- 10 -2 -03 -002 Application Date: 3/4/10 Case No: P016 -10 Description: Fifield Activity Envelope Review and Special Review, GMQS Exemption for Planner: Suzanne Wolff Caretaker Dwelling Unit # Copies: 3 Allocated Hours: 9 Project Address: EAGLE PARK DR, ASPEN, CO 81611 % Over Hours: 0.8 Property Owner: FIFIELD Address: 350 EAGLE PARK DR ASPEN, CO 81611 Owner Phone: (970) 920 -3929 Owner's REP: GLENN HORN REP's Email: ghom @rof.net Address: 215 S MONARCH ST, 104 ASPEN, CO 81611 REP's Phone: (970) 925 -6587 Referrals: ALL OTHER REFERRALS Comments Due Date: 04/28/2010 Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 03/28/2010 Meeting Notes: Other Referrals: West Buttermilk HOA None Eagle Pines HOA None Housing None 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: BOCC Ordinance #: Admin Determination #: 062 -2010 046 -2011 P8Z Determination #: HO Determination #: Other Information: VRApproval Date: 07/01/2010 Plat Recorded Date: VR Expires Date: 07/01/2013 Plat (Bk, PG): Remarks: Admin #062 -2010 #573027 Admin #046 -2011 #580847 Application Type: Activity Envelope Minor Special Review GMQS Exemption caretaker Dwelling Unit (CDU) ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITS IN COUNTY, COLORADO, APPROVING AN AMENDMENT TO ADMINISTRATIVE DECISION NO. 62-2010, WHICH APPROVED THE FOULD ACTIVITY ENVELOPE REVIEW Administrative Decision No. %-2011 RECITALS 1. James Guy Fifield and Betsy Fifield ( "Applicant") applied to the Community Development Director of Pitkin County ( "Director") to re- establish activity envelopes on a subdivided lot; approval was granted pursuant to Administrative Decision No. 62 -2010. The Applicant has requested to amend Condition #5 of the Administrative Decision to eliminate the limitation on the use of TDRs to the three year vested rights period established by the Administrative Decision. 2. The lot contains 11.64 acres and is a conforming size lot in the AR -10 zone district. 3. The lot is located on Eagle Park Drive off of West Buttermilk Road, and is described as Lot 2, Fifield Subdivision. 4. The BOCC approved the two-lot Fifield Subdivision, pursuant to Resolution Nos. 134 -2006 and 042- 2007. Approval was granted to utilize TDRs to develop up to 15,000 square feet of floor area on Lot 2. The final plat was recorded in Plat Book 85 at Page 81; a building envelope and two landscape/ accesslutility envelopes were depicted for Lot 2 on the plat. The vested property rights expired on May 23, 2010. Lot 2 is undeveloped. 5. The Community Development Director re- approved the activity envelopes on Lot 2, pursuant to Administrative Decision No. 62 -2010; the vested rights expire in 2013. The Administrative Decision contemplates the use of TDRs to develop up to 15,000 square feet of floor area, with the first TDR permitting 5,750 square feet of floor area and each additional TDR permitting 2,500 square feet of floor area "during the vested rights period established herein." 6. The Director finds that subsequent to approval of Administrative Decision No. 62 -2010, the BOCC discussed the use of TDRs for new development rights on properties in the Rural Area that obtained approval prior to the adoption of the 2006 Land Use Code ( "2006 Code "). The BOCC agreed that (1) a property owner can still utilize a TDR for new development in the Rural Area after the vested rights expire, and (2) a TDR for an initial development right for an approval granted pursuant to the pre-2006 Code will continue to be valued at 5,750 square feet of floor area. 7. Given the direction provided by the BOCC, the Director finds that it is appropriate to strike the languag in Condition #5 of Administrative Decision No. 62 -2010, which limits the use of TDRs to the new vesh rights period. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made during the application process. 2. Condition #5 of Administrative Decision No. 62 -2010 shall be replaced with the following: Prior to issuance of a building permit, the Applicant shall submit executed Irrevocable Certificate(s) of TDRs fo the initial development right and to allow up to 15,000 square feet of floor area on the lot and a copy of the deed evidencing conveyance of the Certificate to the Applicant (if applicable). The first TDR shall hi! A � Z o N Q C r p a a to v a O A Z�o O¢ 2 P o�OtC V N m d �LLUc WisOW A Administrative Decision No. loll Page 2 permit up to 5,750 square feet of floor area and each additional TDR shall permit up to 2,500 square feet of floor area. The TDRs may come from any preservation sites in the County. 3. All other conditions of BOCC Resolution Nos. 134 -2006 and 042 -2007 and Administrative Decision No. 62 -2010, as they relate to the development of Lot 2, shall remain in full force and effect. APPROVED by the Director, this 2.7b, day of Zk,., ..¢ . 2 9t0' 4001 Cindy Houben, Community Development Director PID# 273510203002 P016 -10 Davis Horn- PLANNING & REAL ESTATE CONSULTING March 22, 1011 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Fifield Subdivision — Request to Clarify Adminstrative Decision No. 62 -1010 Dear Suzanne: We represent Jim and Betsy Fifield in this matter. As you know, for some time you and I have been discussed Condition # 5 in Adminstrative Decision No. 62- 20 10 which granted approval of the Fifield Subdivision Lot 2 Activity Envelope. The condition reads as follows: " Prior to the issuance of a building permit, the Applicant shall submit executed Irrevocable Certificate(s) of TDRs for the initial development right and to allow up to 15,000 square feet of floor area on the lot and a copy of the deed evidencing conveyance of the Certificate to the Applicant (if applicable). The first TDR shall permit up to 5,750 square feet of floor area and each additional TDR shall permit up to 2,500 square feet of floor area during the vested rights period established herein (emphasis added). The TDRs may come from any preservation sites in the County." Betsy and Jim's key concern is the use of TDRs is limited to the vested rights period which only last three years. On December 14, 2010 the Board of County Commissioners considered the attached Memorandum of hiterest at a work session and provided direction regarding the use of TDRs which is more permissive then condition # 5 above. The Board of County Commissioners provided the following direction. 1. A property owner can still utilize a TDR for new development in the Rural Area after the vested rights expire. ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925.5180 ^ adavisOrof.net ghom ®rof.net I (�JJ I J 2. A TDR for the initial development right for land use application approved pursuant to the Code in effect prior to July 6, 2006 approvals will continue to be valued at 5,750 square feet of floor area. There are significant differences between the direction provided by the Board and condition # 5 of the Adminstrative Decision. I understand that you have discussed these differences with Lance and determined it is appropriate for you to write a clarification to Adminstrative Decision # 62- 2010. This letter formally requests you to prepare the clarification to make the Fifield Decision consistent with the direction provided by the Board of County Commissioners. On behalf of Betsy and Jim I would like to thank you for addressing and resolving this issue. Please give me a call if I can be of any assistance. Thank you. Sincerely, DA WS HORN INCORPORATED ')�IUI�-- GLENN HORN AICP %I MEMORANDUM OF INTEREST WORK SESSION DATE: December 14, 2010 AGENDA ITEM TITLE: TDR Initial Development Right Square Footage Value STAFF RESPONSIBLE: Suzanne Wolff, Senior Planner ISSUE STATEMENT: The 2006 Land Use Code eliminated the ability to utilize a TDR for an initial development right in the Rural Area of the County. The ability to utilize a TDR for an initial development right was retained in the Urban Growth Boundary. In addition, the square footage value of a TDR for an initial development right was reduced from 5,750 to 2,500 square feet in the 2006 Code. Numerous approvals were granted prior to the adoption of the 2006 Code to utilize a TDR for an initial development right in the Rural Area and the Urban Growth Boundary. The 2006 Code does not specifically address the applicability of the new Code provisions to the approvals granted pursuant to the pre-2006 Code. Therefore, staff has interpreted the Code to determine the status of these TDR approvals, and wishes to inform the BOCC of our determination. BACKGROUND: The pre -2006 Land Use Code provided for the use of a TDR for an initial development right in the Rural Area of the County and within the Urban Growth Boundary, subject to special review. For a new development right, a TDR was valued at 5,750 square feet of floor area. Since 1996, the County has approved the use of 89 TDRs for new development rights — 60 in the Rural Area and 29 in the UGB. Of those, 30 TDRs have been extinguished for new development rights — 6 in the Rural Area and 24 in the UGB. That leaves 59 approved but undeveloped receiver sites — 54 in the Rural Area and 5 in the UGB. Details on these approvals and the status of their vested rights are provided in Attachment A. LINK TO STRATEGIC PLAN: This discussion relates to the "Growth" section of the Strategic Plan, which includes a goal to "establish a County growth policy." KEY DISCUSSION ITEMS: Y After the vested rights expire for a pre -2006 approval to utilize a TDR for a new development right in the Rural Area, can the owner still utilize a TDR? To answer this question, staff had to differentiate between the vested right and the lapsing period for a development approval. When the vested right expires, the approval is subject to the provisions of the current Code. In addition, a new provision was adopted in the 2006 Code (Sec. 2 -20 -160), which differentiates between development permits and approvals that are unlimited in duration (do not lapse) and others that expire (lapse). Sec. I- 100 -10 specifies that the lapsing 3 provisions "apply to all development permits and approvals, regardless of when approved," so lapsing applies to pre and post -2006 approvals. Table 2 -1 in the Code specifies that the use of a TDR to create a development right does not lapse. It is staff's position, based on this provision, that the owner can still utilize a TDR for a new development right in the Rural Area after the vested rights expire. If we determined that the owner could no longer use a TDR for a development right after the vesting expired, then we are effectively lapsing the approval, when the Code specifies that the TDR approval does not lapse. ➢ If the approval to utilize a TDR for a new development right in the Rural Area does not lapse, what is the value of the TDR - 5,750 or 2,500 square feet? Having determined that the owner can still utilize a TDR for a new development right in the Rural Area after the vested rights expire, then staff approached the question of whether the TDR should be valued at 5,750 square feet of floor area, as allowed in the pre -2006 Code, OR at 2,500 square feet of floor area, as allowed in the 2006 Code. Staff also considered this question in light of the lapsing provisions. If the right to utilize the TDR does not lapse, then fairness also dictates that the value of the TDR should not lapse. Not only have property owners relied on the TDR value approved at the rime, but the County has relied upon the approvals as granted in its effort to maintain balance in the TDR program between TDR supply and demand. Therefore, staff determined that the TDR for the initial development right for pre -2006 approvals should continue to be valued at 5750 square feet of floor area. BUDGETARY IMPACT: N/A RECOMMENDED BOCC ACTION: This item is presented for informational purposes (and discussion) only. No formal action is requested. ATTACHMENTS: ■ Summary Table of Approvals Granted for Use of TDRs for New Development Rights on Receiver Sites since 1996 `rJ b a U z w m a w w a z 0 F G7 r a w O W D 3 W z a a� 0 F w 0 w v, a a a C L a m 'z r zo N 0 N 0 N 0 N 0 N 0 s 0 N m N N N ry _3 0 0 O O O o O o 0 o 7 l O O N R h y O O O J o 0 O O oo O,N ^N NN N 00 000, O O 96 N ONOP NNN N N a ON •�•CD ^ aO C a �N}N 7 Nn W O NOO U UUU U U U U U OO U U U U U U U U 0 000 0 00 00 000 00 _M 0000300 U U m mmm m mm mm mmm mm mmmaMmm F o n N — M r �w N Y a�E - � A Y Y v Y ° U U te a+ d an o Y u m X Y E a , a 3 u u u T Ch R 3 0 O m� w m m •" O y p T �•> v 3 3 as 3 u O u 5 m A > 1 m O gv �r ; u a i a d a p C g Y O` p p -�Q �NmmQ °FULU V) ° rT u 02 i u NU m NO N � Y N y N N N ry N N N d N A a e 000 �D SON �p N �o 000000 �a oo .a n vi •o �o 00 �o 00 OO p o0 00 6 N N= O O O O N= N N N N N N N N N O N N y o0M N N N N M 0�7N N vi C7, o M 0— O— O O— M V 1 .-� O �--� O —� -- ... p e N p p UUU 6)C.)U(�C)U(�u VUUU(..)UU UC_7U OU UO OU 8188888888880000 mmm mmmmmmmmmmmmmmm Q D mmm 7 — O O M M Y �ee cc � W ta u C y .] Cr u U u- UU c.. a Ea C T A c r 3 m m 3 m a� �z 3 33 O L u e a CG e u m U L .W m C u ttl `ao3 a of u GN in o s E ? ou'-o F� 3 a � C O�..1 W _u :r C N to1 NUF i u D UF2NNk.0 O O O F NO nn Horn From: Suzanne Wolff [Suzanne.Wolff@co.pitkin.co.us] Sent: Tuesday, March 01, 2011 12:11 PM To: Glenn Horn Subject: TDR info Attachments: MOI 12 -14 -10 TDR devt right.pdf At the work session, BOCC supported staff's determinations. ell RECEPTION #: 573027, 08/2612010 at 09:04:10 AM, I OF 5, R $0.00 Doc Code ADMIN DECISION Janice K. Vas Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE FIFIELD ACTIVITY ENVELOPE REVIEW Administrative Decision No. LQ2010 RECITALS I. James Guy Fifield and Betsy Fifield ( "Applicant') have applied to the Community Development Director of Pitkin County ( "Director ") to re- establish activity envelopes on a subdivided lot. 2. The lot contains 11.64 acres and is a conforming size lot in the AR -10 zone district. 3. The lot is located on Eagle Park Drive off of West Buttermilk Road, and is described as Lot 2, Fifield Subdivision. 4, The BOCC approved the two -lot Fifield Subdivision, pursuant to Resolution Nos. 134 -2006 and 042- 2007. Approval was granted to utilize TDRs to develop up to 15,000 square feet of floor area on Lot 2. The final plat was recorded in Plat Book 85 at Page 81; a building envelope and two landscape/ access /utility envelopes were depicted for Lot 2 on the plat. The vested property rights expired on May 23, 2010. Lot 2 is undeveloped. 5. The Director finds that the proposed activity envelopes are consistent with the applicable requirements of the Code, as follows: A. The activity envelopes are located on slopes of less than 30 %. B. The wildfire hazard is rated as low to medium, and can be mitigated. C. The lot is not within any mapped wildlife habitat areas. D. It was determined during the subdivision review that development within the building envelope would not break a ridgeline. The lot is now within the mapped Scenic View Protection Area (SVPA) and proposed development will be reviewed pursuant to the SVPA standards at Site Plan Review. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made during the application process. 2. The conditions of this Administrative Decision shall replace the conditions of BOCC Resolution Nos. 134 -2006 and 042 -2007, as they relate to the development of Lot 2. 3. Prior to submission of any building permit applications, the Applicant 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. 4. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope Plan shall be amended as follows, prior to submission for recordation: A. In the signature blocks, change references from "Hearing Officer Determination" to "Administrative Decision." B. Amend Note 2 to reference the Administrative Decision. Administrative Decision NotQ-2010 Page 2 C. Add a note that the evergreen trees shown on the plan shall not be removed. 5. Prior to issuance of a building permit, the Applicant shall submit executed Irrevocable Certificate(s) of TDRs for the initial development right and to allow up to 15,000 square feet of floor area on the lot and a copy of the deed evidencing conveyance of the Certificate to the Applicant (if applicable). The first TDR shall permit up to 5,750 square feet of floor area and each additional TDR shall permit up to 2,500 square feet of floor area during the vested rights period established herein. The TDRs may come from any preservation sites in the County. 6. Prior to issuance of a building permit for the residence on Lot 2, the Applicant shall: A. Submit a letter of intent to serve the lot with water from the Buttermilk Metropolitan District. B. Obtain a fireplace /woodstove permit from the Community Development Department, if applicable. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. If the project disturbs more than one acre, a State Stormwater Permit shall be obtained prior to permit issuance. D. Obtain a driveway /access permit, which shall be approved by the Planning Engineer and the Aspen Fire Marshal. E. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. F. Make a cash payment in lieu of dedicating land to the County for parks /recreation/open space. Calculation of the payment shall be based on the number of residents and the land value at the time of payment. G. Pay the applicable road impact and housing impact fees. H. Obtain an on -site wastewater disposal system permit from the Environmental Health and Natural Resources Department. 1. Submit a construction management plan for review and approval by the Planning Engineer. J. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. K. Submit a tree mitigation plan if any trees with larger than 6° DBH are to be removed. L. Submit a lighting plan. 7. Prior to commencement of construction, the Applicant shall pay a Heavy Vehicle Use Fee to the Buttermilk Metropolitan District. The Applicant shall also obtain permission from the District for any cutting of roads or utility extensions in the roads. 8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 9. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, vegetation removal or disturbance, or septic system, shall occur outside of the approved activity envelopes, except to comply with the required wildfire mitigation. Utility and driveway extension and maintenance shall occur within approved building or development envelopes. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to adequate area for turning around of fire equipment, an approved fire sprinkler system and adequate water supply (minimum of 20,000 gallons or demonstration of proximity to an existing fire hydrant). Administrative Decision Nawa2010 Page 3 11. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelopes. B. Provide waste storage that complies with the County Code regarding bear -proof containers. C. Avoid fruit - bearing trees and shrubs in any landscaping. D. Dogs shall be kenneled. E. All new fencing outside of the activity envelopes shall comply with the County's standards for wildlife friendly fencing. 12. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. Low vegetation shall be maintained within a 10 foot perimeter around all structures. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 13. The Applicant shall comply with the following wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake /shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. Administrative Decision No. L Qa2010 Page 4 B. Vents shall be screened with corrosive resistant wire mesh with mesh '/< inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. M. New utility lines shall be buried within the driveway. 14. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. 15. The Applicant shall comply with the County's Noxious Weed Management Plan. 16. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, 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. 17. 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. 18. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permits) or approval(s) related to this property, or vested rights associated with this property. 19. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2 -20 -170 and C.R.S. § 24 -68 -105. The statutory vested rights granted herein shall expire on �„l ; . 4 2013. Administrative Decision NW -2010 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 28' day of March, 2010. APPROVED by the Director, this kl day of 11 � 2010. PUBLISHED AFTER ADOPTIOZ FOI2 VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of , 2010. Cin ouben, Community Development Director PID# 273510203002 P016 -10 Davis Horn- PLANNING & REAL ESTATE CONSULTING March 1. 2010 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Jim and Betsy Fifield: Lot 2 Fifield Subdivision Activity Envelope Review, Special Review /GMQS Exemption for a Caretaker Dwelling Unit on Eagle Park Drive (Parcel ID: 2735- 102 -03 -002) Dear Suzanne: Davis Horn Incorporated represents Jim and Betsy Fifield (Applicant) in this request for refreshed land use approvals for Lot 2, Fifield Subdivision located on Eagle Park Drive (PID #2735 -102- 03 -002). The applicant is requesting Activity Envelope Review and Special Review /GMQS Exemption for a Caretaker Dwelling Unit land use approval to develop a single family house. The necessary approvals for this lot were obtained in 2006, but the vested property rights for these approvals will expire in May, 2010. This request is therefore pursuant to the new land use standards and reflects new Code language as well. The property is vacant and is adjacent to the Fifield residence at the top of West Buttermilk Drive. Attachment shows the site location. This land use application is addressed in the following four sections: • Site Description; • Background; • Project Description; • Land Use Approvals; and • Summary. SITE DESCRIPTION is a Vicinity Map which The subject property is located 2.3 miles from Highway 82. Specifically, it is 1.8 miles up West Buttermilk Road, then approximately '' /z mile down Eagle Park Drive. Most of the lot falls above Eagle Park Drive, though there is a small portion of the lot below Eagle Park Drive where two driveway easements accessing Eagle Park lots are in place. The subject property, Lot 2, is vacant and adjoins Lot 1 which contains the Fifield residence, also owned by the Applicant. The two lot Fifield Subdivision is an enclave within the Eagle Pines Subdivision at the top of West Buttermilk Road. The access drive, Eagle Park Drive is privately ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. `-'� 50 SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 adovis @rof.net ghorn @rof.net owned and privately maintained by the Eagle Pines Homeowners Association. The property is served by the City of Aspen for domestic water. The subject property falls in the middle of the Eagle Pines Subdivision where all but two lots have been developed. The subject property falls slightly from a ridge at the top, south end of the property down to the north toward the Highway 82 side of the ridge. Though the lot may at one time have been visible from Highway 82, it is screened by substantial mature vegetation and several existing homes in front of the lot. The subject parcel contains 11.64 acres and is vegetated with mountain grasses, serviceberry, stands of aspen and some clusters of conifers. The existing conifers offer excellent screening. BACKGROUND The subject property is Lot 2 of the two lot Fifield Subdivision which was approved by the Pitkin County of County Commissioners in May of 2007. Please refer to Attachment 2 for the Final Plat of the Fifield Subdivision and Attachments 3 and 4 for the approval documents, Resolution Nos. 134 -2006 and 042 -2007. The vested property rights expire on May 23, 2010. The TDRs associated with the property do not expire. Scenic View Protection approvals were granted after substantial visual demonstrations that the property, before and after it is developed, will be scarcely visible, if visible at all, from the Highway 82 scenic corridor. One home which substantially screens the subject property from Highway 82 was not built at the time of the approvals, so the site is even less visible than when the approvals were obtained. The above referenced approval documents granted approval for a 15,000 square foot single family home. Approvals included a building envelope, two landscape, access and utility envelopes and a Caretaker Dwelling Unit (CDU) for the property. Please refer to Attachment 5 for a brief history of the subject property taken from the land use application requesting subdivision approval. PROJECT DESCRIPTION The applicant is requesting approvals to build a new 15,000 square foot single - family house. Scenic View Protection/Ridgeline Review has also been obtained. Substantial work including story poles, visual perspectives and photographs were used in obtaining the Scenic View Protection/Ridgeline Review approval. The visual simulations illustrated that the view from Highway 82 is screened by the mature trees and other vegetation in front of the property and by neighboring homes. The same building envelope and landscape /access /utility envelopes (now called Activity Envelopes) are proposed as were previously approved. Please refer to Attachment 6, the Fifield Activity Envelope Map, Fifield Subdivision Lot 2 which shows the location of the three proposed Activity Envelopes. Activity Envelope 1 is the same as the previous building envelope and will contain the proposed home. Activity Envelopes 2 and 3 each contain areas proposed for landscaping, access and utilities and are located on the two sides of the primary Activity Envelope 1. Access to the proposed home will be determined later and will be possible from either Activity Envelope 2 or 3. The three Activity Envelopes comprise a total of 1.375 acres out of the total 11.67 acre property. LAND USE APPROVALS The following sections address the land use approvals identified in the pre - application conference. The pre- application conference summary sheet appears as Attachment 8. The applicant is seeking the following land use approvals. Sec. 2 -30 -20 (g): Activity Envelope and Site Plan Criteria for Approval; Sec. 2- 30- 30 -(h): Special Review Criteria for Caretaker Dwelling Unit; Sec. 2- 30- 50- (e)(1)(2): Caretaker Dwelling Unit; Sec. 7 -10 -50 & 60: Activity Envelope; Sec. 7- 20 -10: Site Preparation and Grading; Sec. 7- 20 -20: Steep and Potentially Unstable Slopes Sec. 7- 20 -30: Water Courses and Drainage; Sec. 7- 20 -60: Wildfire Hazard — Mapped Low and Medium Wildfire Hazard Areas; Sec. 7- 20 -70: Wildlife Habitat — Not within any mapped wildfire habitat areas; Sec. 2 -20 -170 Vested Property Rights This section of the land use application demonstrates compliance with the preceding sections of the Land Use Code. Activity Envelope Criteria for Approval Section 2- 30- 20(g)(3) An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7- 10 -50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan , the Activity Envelope shall be designed to accommodate the largest home and related septic field possible on the site pursuant to Table 5 -1 after the use of TDRs or a GMQS allocation to increase house size. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than the maximum allowed under Table 5 -1, and in that event the Activity Envelope will be designed to accommodate a house and septic field of that size. Where the property contains Constrained Area s, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7- 10 -60. Actual siting of the septic field shall U - require final approval pursuant to the Environmental Health and Natural Resources On -Site Wastewater Treatment System regulations. The proposed Activity Envelopes are depicted on Attachment 6. Approval for a Site Plan is not requested at this time, so approval of the Activity Envelopes is requested separately from approval of the Site Plan. As required, the Activity Envelopes proposed have been designed to accommodate the largest home and will include area suitable for an on site septic system. The proposal complies with all the criteria in this section of the Code. An approved Activity Envelope constitutes a Site Specific Development plan pursuant to Section 2 -30 -20 (a)(3) of the Code. Activity Envelope Section 7 -10 -50 The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24- 65.1 -101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. In general, this process will involve both a determination of (i) which portions of the site are not available for development because of the existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new single family home. The defined Activity Envelope may include non - contiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and /or areas to be disturbed only during construction on the property — including staging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7- 20 -50. Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area. 4 0011004t Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all development standards in 7 -20-40 and 7 -20 -80 and shall be reviewed by the SOCC as set forth in Table 2 -1. Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. The standards in this Chapter 7 shall be used (i) to identify the Activity Envelope on a property, (ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7 -1 below. (hdy, 2006, This section of the Land Use Code explains the Site Plan and Activity Envelope review and approval process. The applicant has followed the process outlined in this section of the Code to prepare the Activity Envelope Plan. There are no major site planning considerations as the proposed Activity Envelopes have no constraints. Consideration has been given to mitigating the wildfire hazards on the site, minimizing any potential visual impacts, addressing any slope issues though all the slopes are below 30 percent in grade and developing an Activity Envelope which is compatible with neighboring properties and consistent with the Pitkin County Master Plan overview. The proposed Activity Envelopes are the product of all these considerations. The proposed Activity Envelope, when developed with a home, will not be visible from Highway 82 as the neighboring homes block any view of the property. The proposed Activity Envelopes are entirely consistent with the objectives in this section of the Code. The proposed Activity Envelopes have been selected in compliance with this Code section. Site Preparation and Grading: Section 7 -20 -10 (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope . All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan . The applicant will comply with this Code standard. All grading will be within the Activity Envelope. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope , except removal of noxious weeds may occur outside of an Activity Envelope. 00iJ005 Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec. 7 -20 -130. Clearing, grubbing and vegetation removal shall be limited to the proposed Activity Envelopes as depicted on Attachment 6, the Fifield Activity Envelope Map for Lot 2. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the calipers) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7- 20- 130(b)(7). Tree removal will be limited to the proposed Activity Envelopes. As previously agreed upon, the large fir trees depicted on the plat will not be removed. (d) Protection of Natural Terrain The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Area s or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope . Techniques shall include, but are not limited to: (1) REVEGETATION Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) WEED PREVENTION Weed prevention, thistle management, and prohibition of non - native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) UTILITY INSTALLATION Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT (a) Land uses shall: 1. Not cause erosion problems and, if practicable, retain all soil on site; 2. Minimize disturbance of natural vegetation and soil cover; 3. Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; 4. Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and 5. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands /riparian areas established in Sec. 7- 20 -80. (b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. The applicant shall comply with these standards. Steep and Potentially Unstable Slopes Section 7 -20 -20 The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas. This section of the Land Use Code requires development to be located on slopes of less than 30 percent. Attachment 7 is a slope analysis of the subject property which shows that the Activity Envelopes have been defined to avoid any area greater than 30 %. This section of the Code has been met. Water Courses and Drainage Section 7 -20 -30 This section demonstrates compliance with the Land Use Code standards for Water Courses and Drainage. (a) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7 -20-40 and 7 -20 -80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). The applicant is not proposing to alter any rivers, streams, ponds, wet meadows or wetlands on the site or in the site vicinity. (b) Drainage (1) GENERAL Activities and development shall provide for: Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or stormwater runoff; The unimpeded flow of natural water courses and ditches; Adequate drainage for all low points; A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; Maintenance of drainage systems; and On -site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) Runoff Volumes Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. The applicant will submit a drainage plan for the property as part of Site Plan review process. The applicant commits to not alter drainage patterns in the site vicinity. (C) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. The applicant will comply with this Land Use Code standard. (d) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. The property is not irrigated with a sprinkler system. (e) Irrigation Ditches Activities and development shall: (1) ACCESS Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. (2) PREVENTING LEAKAGE Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) AVOID FLOODING Design land uses to avoid flooding problems from flood irrigation. (4) AVOID SEEPAGE Place basements and soil absorption on -site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. U0JJas There are no irrigation ditches on the property (f) Sedimentation Activities and development shall: (1) CONTROL DURING CONSTRUCTION Provide adequate sedimentation control throughout all phases of development. (2) SEDIMENTATION Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run -off into any water body, wetlands, or riparian area. (3) REVEGETATION Revegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. The applicant will comply with these standards. (g) Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7 -20 -80 and those setbacks required by Table 5 -1. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. The applicant will comply with these standards. (h) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re- cycling and reuse of water. The applicant will comply with Code standards. Wildfire Hazard Areas Section 7 -20 -60 The subject site is located in a low to medium wildfire hazard area and the site will be developed in compliance with the Land Use Code standards for areas with a low to medium wildfire hazard rating. These lengthy wildfire standards are not repeated here, but the applicant will comply with all applicable wildfire mitigation standards for low to medium wildfire hazard areas. Wildlife Habitat Section 7 -20 -70 The subject site is not mapped as being within or proximate to critical wildlife habitat areas. 6. 9 J OD Special Review for a Caretaker Dwelling Unit Section 2- 30 -30(h) The applicant is seeking Special Review approval for a Caretaker Dwelling Unit. The criteria for this approval are addressed in this section of the application. The following demonstrates compliance with the Land Use Code Special Review criteria for approval. The criteria appear in bold followed by the applicant's responses. a. The special review use shall be consistent with the applicable County Master Plan. Residential development such as that proposed in this application is consistent with the applicable Master Plan, the Overview of the Pitkin County Comprehensive Plat of 2005. The subject property is adjacent to, but just outside the Urban Growth Boundary (UGB), Due to the character of the area and the availability of Municipal Water Service, the subject property and the neighboring Eagle Pines Subdivision may soon be considered for inclusion in the UGB when the UGB is revisited by Pitkin County. The proposal will be consistent with development in the neighborhood and conforms to the applicable County Master Plan. The proposed activity envelopes were carefully planned based upon all the applicable criteria in the Plan and in the Pitkin County Code. This standard will be met. (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including County Land Use Policies in Chapter 1. The special review use will comply with all applicable sections of the Land Use Code and all Pitkin County Land Use Policies. The County's Land Use Policies were stated and addressed in detail in the original application. The more applicable policies have been addressed in this application as well. The proposed special review use, a CDU, will comply with all Pitkin County land use policies. (c) The proposed development must not materially endanger the public health, safety or welfare. The pubic health, safety and welfare will not be endangered by the development of a CDU. (d) The proposed development must not substantially injure the value of adjoining or abutting property. The value of adjoining or abutting property will not be adversely affected by the proposed development and values may possibly be enhanced. (e) The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. The subject property is located in the AR -10 zone district with a minimum lot size of 10 acres. Residential development such as that as proposed in this application is consistent with the intent and purpose of this zone district. The land is the vicinity has been developed with similar types of larger single family homes and caretaker dwelling units. 10 00IJI 0 10 (f) The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. As mentioned above, similar homes and caretaker dwelling units have been developed in the subject's neighborhood. Larger homes and CDUs are typical in the area. Many larger homes and CDUs in the vicinity have been approved. (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. The site will be improved with a single family dwelling unit and CDU. There will be the typical off -site impacts associated with a large single family dwelling unit. The visual impacts were addressed in the Scenic View Protection section of the original land use application. Substantial visual aids demonstrated that the view from Highway 82 of the proposed home will be screened by existing mature vegetation, including large conifer trees, and by neighboring homes, one of which is new and further screens views of the home from Highway 82. (h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The subject property is served by the Municipal Water System and any applicable fees have been or will be paid, for the home and the CDU. The site will be served by an on -site waste water disposal system which will be capable of accommodating the proposed development and will comply with Pitkin County regulations. (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and/or Sec. 2- 40 -20. The development will comply with these Code sections. (j) If a Special Review Use ceases or its permitted time period ends, all uses and structures must immediately be brought into conformance with the underlying zone district regulations. If cessation of operation is due to demolition or destruction through any manner not willfully accomplished by the owner, uses /structures may be restored as of right pursuant to Sec. 9 -30 -70 of the Land Use Code. The applicant will comply with this standard. u Uj011 GMQS Exemption for a Caretaker Dwelling Unit (CDU) Section 6- 30- 40 -(c) A Growth Management Quota Exemption (GMQS) Exemption is available for the CDU. The applicant requests approval for this exemption pursuant to Section 6 -30 of the Code. The proposed CDU use comply with the requirements for the exemption for the CDU in Section 6-30 - 40-(c). Additional Special Review Procedures for Caretaker Dwelling Units Section 2- 40 -20(f) The Community Development Director may grant Special Review approval for a Caretaker Dwelling Unit subject to the procedures in this section of the Code. These procedures provide for the posting and mailing of notice, comments or objections regarding the application received within a specified time period by the Community Development Department and procedures regarding if there are objections or if there are no objections to the application. The applicant will comply with these procedures as applicable. Land Use Policies Section 1 -60 The Special Review criteria for approval require that the applicant comply with the Pitkin County Land Use Policies. The more pertinent policy have already been addressed in this application and all applicable policies were addressed in detail in the previous application. The pertinent policies are summarized below if the policy has not been addressed elsewhere in this application. The policies appear in bold followed by the applicant's responses. 7- 10 -10: GROWTH MANAGEMENT It is the policy of the County to manage the rate at which development applications are approved, as well as the type, location, quality and ultimate quantity of growth. The development of the subject lot is consistent with this policy. The addition of a CDU will provide necessary local housing and will further the public good. 7- 10 -20: GROWTH RATE: PHASING OF PUBLIC SERVICES AND FACILITIES It is the policy of the County to maintain and improve the quality of life of its residents. To this end, the County will manage the location and timing of development in the residential, commercial and tourist accommodation sectors. The provision and location of public services and facilities should support development that is consistent with the Pitkin County Comprehensive Plan. To ensure that growth is consistent with the Pitkin County Comprehensive Plan the County will maintain a Growth Management Quota System (GMQS). Development of the CDU will have a negligible impact on the growth rate or the phasing of public services. It is the policy of the County that future urban development will be located within adopted Urban Growth Boundaries in order to eliminate residential sprawl and strip commercial development, to ensure the provision of adequate service levels, to preserve agriculture and open space land uses, 12 vo1;n12 and to maximize the utility of funds invested in public facilities and services. Lands outside the growth boundaries will be deemed most appropriate for the preservation of agriculture, natural habitat, environmental resources, open space and rural residential uses. The development of a CDU as proposed is consistent with this policy. 7- 10 -30: TRAILS Non - motorized transportation alternatives, such as trails for bicycles, horses, pedestrians and cross - country skiers are encouraged. The County supports preservation and enhancement of access to trails; and development of bike and pedestrian ways that provide links between communities, residential and employment areas, commercial centers, recreational and open space areas, and educational facilities. Where motorized and non - motorized uses of trails are proposed or exist in common or in close proximity to one another, the County supports consideration of separate and distinct trails for each use. There are not any trails planned in the site vicinity. 7- 10 -40: OPEN SPACE AND TRAILS BOARD The County supports the Open Space and Trails Board in the acquisition and maintenance of open space parcels, conservation easements, trails and facilities such as trailheads, parks, river access points for boating or fishing purposes and access to public lands. Parks, open space and public recreation facilities are encouraged throughout the county. This policy is not applicable to the subject site. 7- 10 -50: COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS It is the policy of the County to insure land use proposals are compatible with existing neighborhoods. To this end, the County will provide notification of pending land use applications to the affected adjoining property owners, homeowners associations and neighborhood caucus groups when appropriate. The proposed development will be compatible with the neighborhood. The intent of the policy will be met. 7- 10 -60: ECOLOGICAL BILL OF RIGHTS (EBOR) As the integrity of our ecosystem is increasingly challenged by human activity, and population growth and the accompanying sprawl are seriously damaging and threatening to destroy the ecological carrying capacity (environmental sustainability) of the region, it is the policy of the County to implement the following rights: • The right to breathe clean air and enjoy clear vistas. • The right to the preservation of natural riparian areas and wetlands. • The right to permanently protected minimum stream flows in rivers and creeks. • The right to the preservation and restoration of native wildlife and plant diversity by preservation of sufficient habitat. • The right to protection of designated wilderness through management of adjoining land in a way that preserves the integrity of the wilderness areas. • The right to a landscape kept free of noxious and invasive weeds. 13 UU'. 313 • The right of appropriate access to public lands on roads and trails historically open to the public, consistent with the nature and designation of the public lands. • The right to dedicated open space protected from urbanization and development. • The right to the efficient and renewable use of energy. • The right to be free from excessive noise. • The right to see the night sky without the interference of unnecessary artificial light from growth, urbanization and highway development. • The right to the absolute minimum involuntary exposure to toxic chemicals, radioactive substances and energy forms that are hazardous to health. • The right to maintain and not exceed the carrying capacity (sustainability) of the land and water, including protecting water quality. • The right to expect government legislation and active enforcement of land use and development regulations consistent with this Ecological Bill of Rights. Site development is and will be consistent with this policy. 7- 10 -70: NATURAL AND MAN -MADE HAZARD AND RESOURCE AREAS It is the policy of the County that development be sited in locations that avoid natural hazard areas, and where avoidance is not possible, in locations where mitigation is designed to minimize potential harm to life, safety, health, and property. Wildfire hazard is mapped as low. Please refer to the existing conditions topographical survey in Attachment 2. The impact of the slopes on the development of the site can be easily mitigated. The natural hazards on the site are minimal and the applicant will comply with the applicable and necessary requirements for mitigation of all the hazards on the site. 7- 10 -80: SOIL, SURFICIAL GEOLOGIC CHARACTERISTICS AND RADIATION It is the policy of the County that development not be located in areas subject to radiation and geologic hazards. The subject site is not impacted by soil, surficial or geologic hazards. 7- 10 -90: DRAINAGE It is the policy of the County that development not disturb the integrity of existing and natural drainage patterns, and to discourage land use and development activities that subject areas to increased potential for damage by flood, erosion or sedimentation, or increase the potential for water pollution. Proper drainage will be accommodated through on -site grading and dry wells as necessary. Detailed drainage plans will be submitted at building permit. The applicant will comply with this policy. 14 U�!J014 7 -10 -100: EROSION It is the policy of the County that development not contribute to the erosion of soil and rock and that natural vegetative cover be maintained and that areas disturbed by land use or development activities be revegetated. Standard erosion control practices shall be used. The applicant will comply with this policy. 7 -10 -110: SCENIC QUALITY It is the policy of the County that its natural, rural scenery be preserved for the benefit of its residents and the continued viability of its resort economy. Undergrounding of utility lines is supported where and when appropriate to minimize visual impact. Scenic quality was addressed in the Scenic View Protection section of the previous application and previously in this application. The intent of the scenic quality policy will be met and visual impacts will be minimal, if any. 7 -10 -120: AIR QUALITY It is the policy of the County that development not degrade air quality. Site development will comply with local and state air quality regulations. 7 -10 -130: ENERGY CONSERVATION New development is encouraged to incorporate energy conserving and alternative energy systems and building systems that minimize consumption of energy. Site development will comply with or exceed County energy codes. 7 -10 -140: NOISE It is the policy of the County that development will not generate noise which would adversely impact community noise levels. Site development will comply with County noise standards. 7 -10 -150: WATER RESOURCES AND AQUATIC /RIPARIAN/WETLAND AREAS (1) It is the policy of the County to preserve and protect its present water resources, recognizing the county's semi -arid character and that significant transmountain and transbasin diversions and the vested rights of senior appropriators have materially curtailed the availability of water resources. Furthermore, wetlands and riparian ecosystems, which are important to maintaining the overall balance of ecological systems; and are important plant communities, wildlife habitat and movement corridors, should be conserved, protected and restored. The County seeks to protect citizens' rights to permanently protected minimum stream flows in rivers and creeks, and to the preservation of remaining natural riparian areas and wetlands. (2) Land uses within the region should be designed to preserve and protect present water resources, including surface and groundwater, and to avoid significant adverse affects on the quantity, quality, or dependability of water resources in the County. Land uses should protect against significant increased salinization of water, loss of minimum instream flows, and the need for future major public expenditures to reacquire or redistribute water resources. (3) To protect water resources and /or riparian habitat, development in areas adjacent to water bodies, functional irrigation ditches and natural watercourse areas should maintain adequate setbacks where necessary. 15 U J J The main house and the CDU will be served by the City of Aspen Municipal Water System. The proposed development will comply with this policy. 7 -10 -160: WILDLIFE It is the policy of the County that proposed land uses (including structures) are compatible with the ecosystem of wildlife habitats and do not pose immediate, long term or potential detrimental impacts to such habitats. The County seeks to preserve, restore and perpetuate native wildlife and plant diversity by maintaining sufficient habitat. The subject site is not within any wildlife habitat areas. 7 -10 -170: LOGICAL EXTENSION OF UTILITIES It is the policy of the County to regulate public and private utility extensions. Areas served by such extensions must be found suitable for development in accordance with the Pitkin County Comprehensive Plan. The subject site will be served by the Municipal Water System for the City of Aspen and there will be an on site waste water disposal system located within the proposed Activity Envelopes shown in Attachment 6. The site is served by all other major utilities. 7 -10 -180: ADEQUATE PROVISION FOR WATER NEEDS It is the policy of the County that the availability of a water supply of adequate quantity, pressure and dependability for fire protection and support of a proposed land use be in place prior to approval of the use. The subject site, the primary residence and the CDU, will be served by the City of Aspen Municipal Water System. 7 -10 -190: SEWAGE TREATMENT It is the policy of the County that adequate sewage treatment facilities are feasible and available to serve existing and new developments. There will be an on site waste water disposal system which will meet all requirements for such system. 7 -10 -200: SOLID WASTE MANAGEMENT Pitkin County is committed to all economically and environmentally appropriate processes that are directed toward reuse opportunities and the prolonging of landfill life. The County supports efforts to reduce waste generation and the amount of solid waste disposed of in landfills, and to implement effective resource recovery and recycling activities. The proposed development will provide for segregation of waste materials for recycling 7 -10 -210: TRANSPORTATION /TRANSIT /ROADS • The County encourages transportation programs consistent with the County Asset Management Plan; modes and land use patterns that minimize automobile congestion, promote safety and reduce sources of air pollution. The County supports preservation of rail corridors for potential development of rail or other improved transit/trail alternatives in the future. No development should be allowed to 16 61 0 0116 prevent the options of the Community to pursue rail, trail or other improved transit alternatives along such corridors. • Where practical as a means of retaining rural character, the County seeks to retain existing unpaved roads and to preclude the extension of winter maintenance on rural roads. • The County seeks cooperation with emergency service agencies in establishing emergency access road standards that adequately address safety needs in the context of rural character. • Development that generates traffic volumes in excess of the capacity of the County road system or that causes significant service level reductions is discouraged. • Appropriate buffer strips should be preserved along federal, state and local roadways to protect public views, minimize safety concerns and environmental impacts, and to preserve corridors for future transportation facilities. • Roadway capacity improvements should integrate alternative modes of transportation, such as bicycles and transit, and pedestrian ways so as to add "people carrying" capacity to the roadway, not just vehicular capacity, whenever feasible. • New and upgraded roadways should be designed, engineered and constructed to minimize environmental and aesthetic damage and future maintenance costs consistent with public safety needs. The applicant shall pay any applicable Pitkin County Road impact fees at the time of building permit. 7 -10 -220: CITIZEN HOUSING It is the policy of the County to encourage the existence of a supply of desirable and affordable housing for persons employed in Pitkin County, senior citizens, the handicapped, and other qualified persons of Pitkin County. Pitkin County seeks to preserve existing affordable housing to the extent possible; and to encourage the development of affordable housing within established Urban Growth Boundaries, where employment, services and facilities are typically already established. • It is the policy of Pitkin County to promote the availability of affordable housing for employees generated by proposed development. • A diversity of housing types and densities is encouraged in order to ensure affordable housing for a range of individual and families. Deed restricted housing that ensures occupancy by full time residents is preferred for development, especially within Urban Growth Boundaries. Affordable housing of urban or suburban densities is not encouraged outside the Urban Growth Boundaries if it promotes sprawl or other development inconsistent with this or other policies or regulations of the County. Affordable housing outside Urban Growth Boundaries may be acceptable if it is: (i) Employee Dwelling Units (EDU) and Caretaker Dwelling Units (CDU); (ii) job related on -site housing; (iii) conversion of existing locally serving housing; (iv) on -site required mitigation housing; or (v) replacement of existing affordable housing. Quality residential areas, which function as integral neighborhood units, are encouraged. 17 UGul'17 Rehabilitation of existing residential facilities should be promoted where feasible. The purchase and buy -down of existing units throughout the county is encouraged since it promotes affordable housing goals without increasing growth rates or impacts. • Special attention should be directed to providing for dispersal of housing for low and moderate income families and low income senior citizens throughout the residential areas of the Urban Growth Boundaries with due consideration to other policies of the County and the availability of water and sewer service, fire protection, public transportation, employment, shopping, schools, social services, and recreational activities. • The use of energy conservation and innovative home building techniques in order to reduce construction and/or operating costs without sacrificing safety or desirability of the housing shall be encouraged and supported. When appropriate, the revision or adoption of building codes will be encouraged to meet this objective. For deed restricted housing projects, a preference will be given to developers and contractors that utilize such techniques. If applicable, affordable housing impact fees will be paid at the time of building permit. The creation of a CDU will help meet the housing needs of the local employee community. 7 -10 -230: REQUIRE THAT DEVELOPMENT BEAR AN EQUITABLE SHARE OF RELATED BURDENS It is the policy of the County that new development must pay an equitable share that would otherwise be borne by the general public, and /or make equitable contributions, commensurate with its impacts, to ensure that no reduction in the quality of services, public facilities or programs occurs as a result of the development. The applicant will pay applicable impact fees at building permit. 7 -10 -240: CONFORMANCE WITH OTHER LAWS It is the policy of the County to consider whether approval of uses or development of lands within Pitkin County is consistent with applicable laws of the United State of America and the State of Colorado. Site development will comply with local, state and federal laws. Vested Property Rights Section 2 -20 -170 The standards and procedures to obtain Vested Property Rights have been met or will be met. The applicant is seeking Vested Property Rights for the subject site. According to Section 2 -20- 170 (b) (d) an Activity Envelope approved pursuant to Section 2- 30- 20(g)(3) constitutes a Site Specific Development Plan. If the proposed Fifield Activity Envelope Map for the Fifield Subdivision Lot 2 Site Plan, it shall be vested for a term of three years. The three year vested property rights now in place for the subject property expire on May 23, 2010. 18 HUM Summary This land use application has addressed the Land Use Code standards identified by the Pitkin County Community Development Department in the Pre - Application Conference Summary Sheet in Attachment 6. The following is a summary of the Attachments to this land use application. Vicinity Map 2. Fifield Subdivision Final Plat (Deed Book 85, Page 81); 3. Resolution No. 134 -2006; 4. Resolution No. 042 -2007; 5. History of the Subject Property (from the Fifield Subdivision Application); 6. Fifield Activity Envelope Map, Lot 2 Fifield Subdivision; 7. Slope Analysis of the Subject Property; 8. Pre - application Conference Summary Sheet; 9. List of Property Owners within 300 feet of the Subject Property; 10. Fee Agreement; 11. Authorization Letter from Jim and Betsy Fifield, property owners; and 12. Proof of Ownership. Please contact me if we can provide any additional information or to clarify anything. 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Bnu F_wLb sWwN �: �Mnn ATTACHMENT 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PI TKIN COUNTY, COLORADO, APPROVING THE FIFIELD SUBDIVISION CONCEPTUAL SUBDIISION, 1041 HAZARD REVIEW, SCENIC OVERLAY /RIDGELIKE REVIEW, SPECIAL REVIEW AND GMMQS EXEMPTION Resolution No./3q-2006 RECITALS I . James and Betsy Fifield ( "Applicant ") have applied to the Board of County Commissioners (`BOCC ") to subdivide the property into 2 lots: one containing the existing residence (Lot 1) and a second undeveloped lot (Lot 2). The following approvals are requested and required: A. 1041 Hazard Review and Conceptual Submission to establish a building envelope on Lot 2 and to add access and landscape envelopes on Lot I; B. Conceptual Subdivision; C. GMQS Exemption and Special Review to establish Lot 2 as a TDR receiver site to accommodate up to 15,000 square feet of floor area. D. GMQS Exemption and Special Review for a caretaker dwelling unit on Lot 2. 2. The property is located at 350 Eagle Park Drive, off of West Buttermilk Road, and is surrounded by the Eagle Pines Subdivision. The property is referred to as "Pfister Meadows," and is more specifically described in Exhibit A. 3. The property is zoned AFR -10 and contains 26.8 acres. 4. The building envelope on Lot I was originally approved in 1990 and subsequently amended, with the second amended 1041 site plan recorded in Plat Book 31 at Page 83. The BOCC denied a request to exceed 15,000 square feet, pursuant to Resolution No. 93 -129. The subject property is currently improved with a 15,000 square foot residence that was constructed in 1993. 5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. . 6. The Planning and Zoning Commission considered the application on July 18, 2006, and recommended approval by a vote of3 -l. 7. The Board of County Commissioners considered this application at a duly noticed public hearing on October 11, 2006, and at a regular meeting on October 25, 2006, at which times evidence and testimony were presented with respect to this application. 8. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby approve the Fifield Subdivision Conceptual Submission, 1041 hazard review, scenic overlay /ridgeline review, special review and GMQS exemption, subject to the following conditions, which shall run with the land and be binding on all successors in interest. 111111 III lilt 1.111;11111,iI 111111111 IN 12/06/2008 of 0 1 2 .56E rb t CC r 1 101, sPUC ILL dI'Y:H - ..G;.0 f so R 0.00 D 0.00 00J,022 Resolution No. NY -7006 Page Z 1. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. With the Detailed Submission/Final Plat application, the Applicant shall: A. Identify the existing large fir trees on the site plan/plat (location and diameter breast height) and include a note that these trees shall not be removed. B. Provide draft Protective Covenants. C. Submit will serve letters from utility companies. Prior to building permit application for Lot 2, the Applicant shall submit executed Irrevocable Certificate(s) of TDRs to allow up to 15,000 square feet of floor area on the lot and a copy of the deed evidencing conveyance of the Certificate to the Applicant (if applicable). The TDR for the initial development right of 5,750 square feet of floor area is restricted to preservation site in their the Ftv P an or Crvstal Areas; the TDRs for _additional fl oor area in excess of 5,750r and up to 15,000 square feet of floor area may come r� preservation sites in the County. 4. Prior to issuance of a building permit for the residence on Lot 2, the Applicant shall: A. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. C. Obtain a driveway /access permit, which shall be approved by the County Engineer and the Aspen Fire Marshal. D. Obtain an ISDS permit from the Environmental Health Department The system must be designed by a registered professional engineer, shall be located within the building or development envelopes, and must comply with the setback requirements from surface and groundwater sources. E. S ubmit a precise engineer or geologist approved mitigation plan for any development on slopes in excess of 30% for review and approval by the Community Development Department and the County Engineer. The plan shall show the area of disturbed slope, any re- grading required and the exact size and location of all mitigation devices. F. If the residence exceeds 5,000 square feet, submit a Traffic and Parking Management Plan in accordance with the Asset Management Plan for review and approval by the County Engineer. G. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. H. Make a cash payment in lieu of dedi cating land to the County for parks/recreation/open CaTcu aeon o pa y , en , ce o sp ace. ases on the number of resider of paymt:nt. is and the land value at the time 1. Pay the applicable road impact and housing impact fees. 5. Prior to commencement of construction, the Applicant shall pay a Heavy Vehicle Use Fee to the Buttermilk Metropolitan District. The Applicant shall also obtain permission from the District for any cutting of roads or utility extensions in the roads. 6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the building and development envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence on Lot 2. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates. construction parking and staging, vegetation removal or disturbance, or septic system, shall occur 3 If lll�111111111111111111111111111111111111111111111111 70 Pa ge : 5895 tZ,6r 0 o.es Resolution No. 13q -1006 Page 3 outside of the approved building and development envelopes, except to comply with the required wildfire mitigation. Utility and driveway extension and maintenance shall occur within approved building or development envelopes. 8. Only plant species listed in the Pitkin County Revegetation Guide (or species native to the site) shall be utilized to revegetate areas outside of the building envelopes that are disturbed by construction of access drives and installation of utilities, subject to a revegetation plan approved by the Land Management Department prior to issuance of a Certificate of Occupancy. 9. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to adequate area for turning around of fire equipment, an approved fire sprinkler system and adequate water supply (minimum of 20,000 gallons or demonstration of proximity to an existing fire hydrant). 11. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the building and development envelopes. B. Provide waste storage that complies with the County Code regarding bear-proof containers. C. Avoid fruit - bearing trees and shrubs in any landscaping. D. Dogs shall be kenneled. E. All new fencing outside of the building or development envelopes shall comply with the County's standards for wildlife friendly fencing. 12. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non - omamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. 1. Low vegetation shall be maintained within a 10 foot perimeter around all structures. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 13. The Applicant shall comply with the following wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1 505 2. Wood shake/shingle roofcoverings are Q IIII II III I Jill III I II II VIII il l VIII II I IIII 0 12/05/2006 ` 112:56F / 0 0.00 Resoltulon No.12` -1006 Page 4 prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above . the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with contusive resistant wire mesh with mesh'' /. inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. M. New utility lines shall be buried within the driveway. 14. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 15. The Applicant shall comply with the County's Noxious Weed Management Plan. 16. The caretaker dwelling unit shall be limited to 1,000 net livable square feet, which shall count towards the total allowable floor area. The kitchen shall contain a minimum of a two bumer stove with at lease a 5 cubic foot oven that can bake and broil, sink of at least 14 "W X 16 "D X 5.25 "H, and at leasta 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of one off - street parking space shall be provided for the unit. The Applicant shall provide one off- street parking space for each bedroom in the caretaker unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 17. Prior to issuance of a building permit for the caretaker unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Aortal floor plans of the unit shall be submitted to the Housing Office with the deed restriction. 18. Housing and Community Development staff may inspect the caretaker dwelling unit prior to issuance of a Certificate of Occupancy. rl IIIIIIIIIIIIIIIIIIII t IIIIIIIIIIIIIIVIIIIIIIIIII Page; e2:saF J 025 R 0.00 a 0.00 e 1 2,� Resolullon No, 77 -2006 Page S 19. Failure to comply with these conditions of approval may result in revocation of this p subsequent permits related to this property ermit or any or vested rights associated with this property. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN WEEKLY on the 10 day of September, 2006. TIME$ INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the I 1 °i day of October, 2006. APPROVED AND ADOPTED AFTER SECOND READING on the 25 day of October, 2006. PUBLISHED AFTER ADOPTION IN THE ASPEN d. TIMES on the L day of 2006. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Mick Ireland, Chair Ir Date �Z� 6 Jones, Clerk jf the BOCC APPROVED AS TO FORM: John Ely, Cou tto P062- 06 ;PID #273510200007 APPROVED AS TO CONTENT: indy Houben, Community Development Director IIIIIIIIIIIIIIIIIIIIII, IIIIIIIIBIIIIIIIIII11111JillIIII 5 08896 ez:eec R 9.00 a 0.00 :i ti JJLU / ]EXHIBIT "q^ Pfister Meadows, a parcel of sand located in Lots 3. 4. 9 and 21 of Section 10, Townslup State of C 30 lora Sout Range 85 West of the Sixth Pnncnpat Mendian, , more fully described as follows: in the County of Pitkin. N Beginnin 85 g at a point whence the North /, Comer of Section 10- Township 10 South. North o West of the Sixth Principal Mendian, bears North 00 West a distance of 489.00 fact; thence South 0 0 ° 59'31'• West a distance of 636.00 feet; thence South 31 ° 51'08" West a distance of 603.62 feet; thence South 89 14" West a distance of 779.05 feet; thence North 0 0 . 05'21 "Fast a distance of 997.61 feet; thence North 3 2 . 13'05" Basta distance of 165.00 feet thence North 88 ° 52'36" Bast a distance of 1019.24 feet to the Point of Beginning Together With anon- exclusive right to ingress and egress over the "West Buttermilk Road- as established by documents of record. County of Pition, State of Colorado IIIIIII VIIIIIIIII VIII IIIIIIIIIIIIIII IIIVIIIIIII IIII 1) @ 04:29 0 0.00 110E I VRI PP111A, NII B3 i 6!2 00 2 1IIUtlNI 17/1)0/20:58F eou+rr Co it 0.N o 0 .00 6 27 G�: ATTACHMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PIT COUNTY, COLORADO, GRAN'T'ING APPROVAL OF DETAILED SUBMISSION AND FINAL PLAT TO THE FIFIELD SUBDIVISION Resolution N040' , - 2007 RECITALS 1 • Jim and Betsy Fificld ( "Applicant "), have applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC,,) for Detailed Submission and Final Plat approval. 2. Property is zoned AR -10 and contains approximately 26.8 acres. 3. The property is located at 350 Eagle Park Drive, off of West Buttermilk Road, and is surrounded by the Eagle Pines Subdivision. The property is referred to as "Pfister Meadows" and is more specifically described in Exhibit A. , 4. The building envelope on Lot I was originally approved in 1990 and subsequently amended, with the second amended 1041 site plan recorded in Plat Book 31 at Page 83. The BOCC denied a request to exceed 15,000 square feet, pursuant to Resolution No. 93 -129. The subject pro i currently improved with a 15,000 square foot residence that was co nstructed in 1993 The pro then received Conceptual Submission, 1041 Hazard Review, Scenic Overlay/Ridgeline Review, Special Review and GMQS Exemption (to go to 15,000 square feet) approval pursuant to BOCC Resolution No. 134 -2006. 5. The Planning and Zoning Commission ( "Commission ") at a regularly scheduled meeting on March 6, 2007, reviewed the application and voted 5 -0 to recommend Detailed Submission and Final Plat approval to the BOCC. 6 • The BOCC heard the I Reading of this application at a duly noticed Public Hearing on May 9, e 2007, at which time evidence and testimony were presented with respect to this application. application was heard at 2 "d Reading at a Public Meeting on May 23, 2007• Th 7 • The finds that the Applicant has Pitkin n County complied with the applicable policies and regulations of the County Land Use Code, provided that conditions of this document are adhered to. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant Detailed Submission and Final Plat approval to the Fifield Subdivision, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1 • The Applicants shall adhere with the conditions of Resolution No. 134 -2006 unless otherwise replaced or amended by the conditions of this approval. 2. Prior to submittal of any building permit applications, the Applicants shall record a Final Plat in accordance with Section 5-40 -020 of the Land Use Code. Conifer trees that are la to remain shall be located on the Plat. The seven C 3 • Condition 4F of Resolution No. 134 -2006 shall be amended to say: "Submit a construction management plan for review and approval by the County Land Use Engineer showing the locations of staging, material storage and employee and construction traffic parking." I I1 JAN 111II111 N CAU J I I l VIII V I I I Il 111 l I I II IIII 1 5 �. 8 s 3 8 3 ITKIN COUNTY CO R 0.0 06/06/20000 4 :26 / Resolution No6'a_ 1007 Page 1 4. All material representations made by the Applicants in the application and in public meetings shall 9. be adhered to and considered conditions of approval, unless otherwise amended by conditions. Statutory vested rights for the approval contained herein are Land Use Code and Colorado Statutes subject to the exce � Pursuant to the Pitkin County gran Code and C.R.S., § 24-taafts'. The statutory xceptions set forth in Pitkin County g granted herein shall expire on s 23, 2010. e NOTICE OF PUBLIC HEARING PUBLISHED IN April, 2007, THE A -- S N` on the 8th day of INTRODUCED AND FIRST READ at the regular meeting and Public Hearing on the 9th day of May, 2007. APPROVED AND ADOPTED AFTER the 23 day of May, 2007. SECOND READING AND PUBLIC HEARING on 2007. PUBLISHED AFTER ADOPTION IN THE ASPEN TMES on the day of 1 BOARD OF COUNTY COMMISSIONERS OF nXIN COUN ORADO Michael wwsley � Chair Date: � /� ] APPROVED AS TO FORM: �— APPROVED AS TO CONTENT; John Ely, —. County omey Cindy ouben, Case #271.06 Community Development Director PID # IIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIII @ of 3�:za R 0.00 0 0.00 FUJI V I e h Q6Y ATTACHMENT S BACKGROUND From M&I rch, 2001, The applicants, James and Betsy Fifield, are the owners of the approximatLel Road in 26.8 a p arcel 4 fti orl f °rmerlY known as Pfister Meadows. The Property is located off of West Bu Pitkin County and is completely surrounded by but is not part of, the Eagle Pines Subdivision. The Fifields purchased the subject property in 1991. Previously, the property had been owned by Art and Betty Pfister. When Eagle Pines Subdivision was planned and approved , the Pfister Meadows property was left as an untouched enclave in the middle of the Subdivision. When the Pfisters owned the property, a 1041 Hazard Review with a building envelope was approved on August 14, 1990. The memorandum of approval of the Elizabeth Pfister Minor 1041 Hazard Review is found in Attachment 3 with the approved 1041 Site Plan (Plat Book 24, Page 70) found in Attachment 4. There have been two amendments to the Elizabeth Pfister 1041 Site Plan. The first amendment was approved on April 28, 1993. The memorandum of approval and the approved, amended site Plan (Plat Book 31, page 83) are found in Attachments 5 and 6. A second amendment to the Elizabeth Pfister 1041 Site Plan was approved on June 14, 1993. The Eagle Pines Subdivision and the originally approved Elizbeth Pfister Site Plan for the subject property showed conflicting accesses and the second amendment resolved this conflict. is Th second amendment to the Elizabeth Pfister Site Plan is found in Attachment 7, is recorded Plat Book 32, Page 3 and supersedes the first two site plans mentioned above. (Plat Book 24, Page 7 of August 14, 1990 and Plat Book 31, Page 83 of April 28, 1993). The approved Eagle Pines Subdivision Plat which surrounds the subject property is found in Attachment 8. In July of 1993, the Fifields had a building permit for the construction of a 15,000 square foot house. As the final floor area calculations were over 15,000 square feet, the Fifields submitted a request for Special Review approval for an additional 2,750 square feet which would not have increased the visual or environmental impacts. Most of the additional square footage was below grade or internal space. Though staff recommended approval, the Board of County Commissioners denied the request. Resolution 93 -129, the resolution of denial, is found in Attachment 9 to this application. A review of the Planning Office files indicates that since the Fifieds were one of the first to build in the area (1993), the BOCC wanted to avoid the precedent of allowing over 15,000 square feet in the neighborhood until the impacts of a larger home were actually seen after construction. They wanted to see how the 15,000 square foot Fifield residence already approved would impact the visual and ridgeline concerns. As a site inspection will show, the property was well designed and built to minimize visual and ridgeline concerns. At this time, the owners are proposing a subdivision of the 26.8 acre subject property to create a lot with 15.3 acres around the existing home and to create a second, vacant lot of approximately 11.6 acres. The new lot and the proposed building envelope have been planned to avoid the ridgeline and to minimize visual and 1041 impacts as much as possible. As the owners of the existing home, the Fifields did an excellent job planning, designing and building the existing, 15,000 square foot home; only minimal impacts to the ridgeline and scenic corridor were created. The most visible portions of the property (primarily the large, open meadow visible from up and down Highway 82 and the City of Aspen) were avoided for the existing home and for the Proposed building envelope for the new, proposed lot. �A '030 PARCSL ID# 279910200009 FIFIELD ACTIVITY ENVELOPE MAP LOT 2 FIFIELD SUBDIVISION PITKIN COUNTY, COLROADO ATTACHMENT V = 50' NOTES I) LEGAL DESCRIPTIM LOT 2. FPCW SVBDIN4W. ACCCROW lG TIF RAT MEREW KCOROED IN ll d IS AT PAM 51 IN THE C"TT W PIMIN. STATE OF C0.d1AD0. 2) APRICATM APPRCWD P ANT M RESMUTION NO. 1W 200E AND 042 -2Wi. LEGEND ® INOICATES IWND Ma MINT AS DESCRIOED. CPC CRANM PLASTIC CAP v A AN PLASTIC CAP EVERGREEN TREE 24-]6' DIAMETER ;j0"03 ATTACHMEN ATTACHMENT _ PITKIN COUNTY PRE - APPLICATION CONFERENCE S UMMARY PLANNER: Suzanne Wolff PHONE: (970) 920 -5093 DATE: 2/9/10 E -MAIL: suzannew(dco.oitkin.co.us LOCATION: Lot 2, Fifield Subdivision Eagle Park Drive; West Buttermilk APPLICANT: Jim & Betsy Fifield REPRESENTATIVE: Glenn Horn PID# 273510203002 ZONE /SIZE: AR -10/ 11.64 ac EMAIL: ghorn @rof.net Type of Application: Activity Envelope Review & Special Review /GMQS Exemption for Caretaker Dwelling Unit Description of Project/Development: The Applicant proposes to obtain activity envelope review approval to re- establish the previously approved building and landscape /access /utility envelopes, and to obtain approval for a caretaker dwelling unit. The BOCC approved the Fifield Subdivision pursuant to Resolution No. 134 -2006 and 042 -2007; the final plat was recorded in Plat Book 85 at Page 81. The vested rights expire on May 23, 2010. • 2- 30- 20(8)(2): Activity Envelope Criteria for Approval • 2- 30- 30(h): Special Review criteria for caretaker dwelling unit; • 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit • 6- 30- 40(c): GMQS Exemption for CDU • 7 -10 -50 & 60: Activity Envelope • 7- 20 -10: Site Preparation and Grading • 7- 20 -20: Steep and Potentially Unstable Slopes • 7- 20 -30: Water Courses and Drainage • 7- 20 -60: Wildfire Hazard — Mapped Low and Medium Wildfire Hazard Areas • 7- 20 -70: Wildlife Habitat: No within any mapped wildlife habitat areas Staff will refer the application to the following agencies: West Buttermilk Homeowners Association, Eagle Pines Homeowners Association, Housing Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all owners within 300' of the property and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $3,066 (make check payable to " Pitkin County Treasurer ") • $2,808 Planning Office flat fee (non - refundable; based on 9 hours of staff time. If staff review time exceeds 10.8 hours, the Applicant will be charged for additional time above 9 hours at a rate of $312 /hour) • $179 Housing • $54 Public Notice Fee s J U $25 Web Technology Fee: To apply, submit 3 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" by 17" Activity Envelope Plan as designated in Section 2. 1.1 of the Pitkin County Land Use Application Manual 3. Technical Reports as designated in Section 2.1.1 of the Application Manual (as applicable) 4. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 5. Total fee for review of the application 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy — form attached); 7. Consent from owner(s) to process application and authorizing the representative (1 copy) 8. This Pre - Application Conference Summary Sheet (1 copy) NOTES PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents in format no larger than 8112' by 11 ". This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. - U -il034 Easy PeelO Labels Use AveryO Template $160 AEP FAMILY LLLP GARFIELD & HECHT PC 601 E HYMAN AVE ASPEN, CO 81611 LOT 5 EP LLC C/O RALPH WHIPPLE 413 VINE ST ASPEN, CO 81611 ROTH ELDON & REGINA 984 QUAIL HOLLOW CIR DAKOTA DUNES, SD 57049 WOOLEY JEFFREY I & JULIE C 3800 W HILLSBOROUGH AVE TAMPA, FL 33614 ♦ Bend abnq line to �'- ® AVEW® 5160 ' Feed Paper �� expose p Edgem '� L � r: ALTMAN LAWRENCE & JOAN FIFIELD JAMES GUY & BETSY PO BOX 7916 350 EAGLE PARK DR ASPEN, CO 81612 -7918 ASPEN, CO 81611 MCNAMARA FAMILY TRUST 15803 VIEWFIELD RD MONTE SERENO, CA 95030 PFISTER SUZANNE ELIZABETH RES TRUST BOX EE ASPEN, CO 81612 SANTUCCI VINCENT G & ELAINE 0400 EAGLE PINES DR ASPEN, CO 81611 TELEGRAPH HILL TRUST 1117 BOYLSTON AVE EAST SEATTLE, WA 98102 ATTACHMENT q Q ro pe rf f ouvnvers w r- f-6,i to 3 00 Proper 0 F; X035 Ctiquettes faciles 5 peler ; ♦ Repliez A la hachure afin de I w .avery.com Sens de _ ..... .. .• ATTACHMENT 10 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES J PITKIN COUNTY (hereinafter COUNTY) and Ti m (hereinafter APPLICANT) AGREE AS FOLLOWS: /� r 1. APPLICANT has submitted to COUNTY an application for S VIP UQI Q5 i0 (hereinafter, THE PROJECT). fUr a ape-E Qw211 ins Uni i� 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and /or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior taa determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 3 pb le_ which is based on 'J hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director fie - S- l :Tim F - i - field Print Name tlgnature Effective 1/26/10 G:county \admin \forms \agreement to pay Date: Mailing Address: 350 f a A L0 act 1�rid2 — f� O D. g l to 1 1 I , � 0 01,336 ATTACHMENT _1J__ -__ Jim and Betsy Fifield 350 Eagle Park Drive Aspen, Colorado 81611 (970) 404 -3500 February 23, 2010 Suzanne Wolff Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Submit a Land Use Application Dear Suzanne: This authorizes Davis Horn Incorporated to submit a land use application for our property known as Lot 2, Fifield Subdivision next door to 350 Eagle Park Drive on West Buttermilk. The vested property rights for our previous approvals for this lot have expired, so we are again requesting the necessary approvals for the development of this single family lot. Davis Horn Incorporated is also authorize represent us in the land use application process. Please call Alice Davis or Glenn Horn at 970 925 -6587 or us at the above number if you have any questions or concerns. Thank you. Sincerely, BETSY FIFIELD JIM FIFIELD Owners, Lot 2 Fifield Subdivision ul L j037 Parcel Detail Page 1 of 2 ATTACHMENT 12 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential /Commercial Improvement Detail Land Detail Photographs Tax Area Account Number Parcel Number 2009 Mill Levy 090 R0 206 6 4 273510203002 Owner Name and Address FIFIELD JAMES GUY & BETSY 350 EAGLE PARK DR ASPEN, CO 81611 Legal Description IlSubdivision: FIFIELD SUB Lot: 2 _ 1 1 Location Physical Address: EAGLE PARK DR ASPEN Subd IFIFIELD SUB Land Acres: 11.6400003433228 Land Sq Ft: 0 2009 Property Tax Valuation Information Actual Value Assessed Value Land: 7,800,000 2,262,000 Improvements: 1 0 Total: 1 7,800,000 F 2,262,000 Sale Date: http:// www.pitkinassessor.org/assessor /parcel .asp ?ParcelNumber = 273510203002 2/17/2010 Parcel Detail Sale Price: Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm /Ind 0 Buildings: No Building Records Found Tax Information Balance Due as of 2/11/2010 $57,522.68 lCurrent Year Balance Due $0.00 Delinquent Years' Balance Due $57,522.68 ITotal Balance Due Tax Year I Due In Tax + Special Assessment Amount 2009 2010 $57,522.68 2008 2009 $45,996.92 Ton of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page Page 2 of 2 The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software Uoij M http: / /www.pitkinassessor.org/ assessor /parcel .asp ?ParcelNumber = 273510203002 2/17/2010 ATTACHMENT 12, I,. JLa,�r`1t) {t/. 6. +fi 5�i ddS ll1t•.+yy�a,�:)'i )t %It 1?i� � t g)1 5 y ,., yitf �lf..T f,fv �. r y }x �' )a (. .:dili:!^.A.uW Yfti;�1Y.V.•;6i <",�) l�i'~$ tfi�l����i }'!�,tr� � #332641 05/14/91 10139 Rec 415.00 DI: 646 FO 236 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 WARRANTY DEED II URS UHFU, SI:xlr mia 1st Ja - of lIny .1491 Art Pfistor skis I! Arthur 0. Pfister 'l ol1A 'Caunly of Pitkin aml Sloe of CalacrJo, grsmoa>l. alai James Guy Fifield and Betsy Fifleld i J nhn,e legal mithoss h of the County of alai Slur "MUM gunhws: F'ITNE'SS, that gnmotia. Dw ad in saosukritim of the sum of TEN AND NO /100 OOIS,ARS. the r. wipt anA sullkirrxy of "sacs is AnDy acts \v. kJgN. ha gnnbJ. D:wgninJ, salt aM aonTtJ, aM Dy tASC prcums Ju gram, bug.m.s01.00mo,ant.11..n unmthe gr+nnws. Ihcir lmirsaMauigm h in anaucy in Nmmmn but in joint tones, all the oral f^4wny lo,11IN xith I van runs. if any, sitmte. Ling amt Mme in the County or Pitkin aM Stau of OdonJ". \kunhJ as f. (4 as described on Exhibit A attached hereto and incorporated heroin by this reference I ah. tvu+n by slovi and numb r as n/e I 1OGIMIER "sh all and sinfui4 IA Mi aids bin's ant apputRnamws dea`unte Moulin?. tn in an)%itc aprnaining. to nwnk^aMmweions, rctookukfand Ninvokis. nn ls. iuufsaM pmfielA mof.aml.11lM nU4. tight. tkk. inmrcA. Wm roil Jemam "h lsonV, MIA gmma016, tither in hw or.quil)', or. in and to IA ah"f lurgahxd prcmius, "ith IA Aodiumrms and i fO11AVE AND TOIIOLDtA Sail prcndusah"r lurgaimJ aNJturihJ." ilhlA appummmws. unto thegnntws.tAir Ain l and omens 15m er, Aml IA gmnhwha. Dw him'N his Du-in .a1J ryu.m.J lgwrunt,uwa du as nogg.., p cool. hvpain aml agnw m ant ails de gnnhws. nxi, Ain anJ assigns. that at no lim, of to rnuding anti ddhoiy of thou prcums he is u0 smoi oM. piumisesnhnf wmwjN. has gaN.surc.Iw,4ws. aDSOluu anJ inJafeuiDitesutr i of inhrrilan �.in law. infre sinlple.vvitue g\ aJdgM .fultrnwMl+nfulaullxveymgnm. hsrgain.:rtlamlaVnssTlhe saves in manger aml (Ion afm niJ, and that IA sang arc faw and cku fool all ksaxt' ant other grants, lurgai^s. salts. liras, tams. m]rfanlCnlS.fMna,AiMfs a,IdR,IfiAN Of of NM1]tPCr kiM \w n]ttlr[1mCC f \ewpl those set forth on exhibit i; B attached hereto and incorporated heroin by this reference. i! The gramort0sfull amt "ill ttARRANTAND FOREVER Df:FTEND to ah"r- hvgainN Mail., in IA quirt a1W Iwaoiablc po,,c,,k n of to Fram w,. lAii Aits aml assigns. againn all aM Ofry lwrsen w [\•nsms la"fulty Aaiming to "holo m ., not thanf. I IN WITNESS rnnlarlsi Dna ca�'ulN lhi\A,J On the Jnlr ,1 lotus ahm. I i (4,ALl 6" L r �wr Gil. �. ��t Arthur O. P aster aka Art Pfivter 111 STATE OF COLORADO 's. Romy of Pitkin } !' 'fA foregoing imwnwnt"n actmolrJgolhMrc notthis R"-&yrf May .199 j by Arthur O. Pfister aka Art Pfister I I it's \1\Uimv pspV. 5 .i9'g3 .stiles�ial ual. /� it // / / /� L V II j l 9f in IAnm,. in.at `��ly+M' I x0. 911. Ik..Jgb. " \Pr \ \Irn11Un. Nn,nunxl wwll aJ nl'. J. y .ar,\"fA +.r,1.It�wJ.Nfn'I\_IV), I,!IRV ab 1.! 0 8332641 05/14/91 10130 Rec $15.00 DK 646 Pa 237 Silvia Davis, Pitkin Cnty Clerk, Doc $.DO EXHIBIT R PROPERTY DESCRIPTION is Pfister Meadows, a parcel of land located in Lots 3, 4, 9 and 21 of Section 10, Township 10 South, Range 85 West of the 6th Principal Meridian, in the county of Pitkin, State of Colorado, more fully described as followat Beginning at a point whence the North 1/4 corner of Section 10, Township 10 South, Range 85 West of the 6th Principal Meridian, bears N. 00 degrees 59 minutes 31 seconds B. a distance of 489.00 feet; thence S. 00 degrees 59 minutes 31 seconds W. a distance of 636.00 feet; thence S. 31 degrees 51 minutes 08 seconds W. a distance of 603.62 feet; thence S. 89 degrees 22 minutes 14 seconds W. a distance of 779.05 feet) thence N. 00 degrees 05 minutes 21 seconds E. a distance of 997.61 feet) thence N. 32 degrees 13 minutes 05 seconds B. a distance of 165.00 feet; thence N. 88 degrees 52 minutes 36 seconds E. a distance of 1019.24 feet to the point of beginning. Together with a non - exclusive right to ingress and egress over the ^West Buttermilk Road-- as established by documents of record. County of Pitkin, State of Colorado. fe5P1e1exe.dl t[ 1 } ''�L�J�� H332641 75/14/91 "8 1tl r 3 '.(''' Rec 415.UJ 646 FG 238 � f" •' Silvia Davis, Fitkin Cnty Clerk, Doc L. OJ , EXHIBIT B 1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or Intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 1911 in Book 55 at Page 189 as Reception No. 74886. 2. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 22, 1928 in Book 162 at Page 142 as Reception No. 84732. 3. Easement and right of way for road purposes as granted to Buttermilk Mountain Skiing Corporation by Arthur O. Pfister in the _ instrument recorded December 22, 1966 in Book 224 at Page 444 as Reception No. 126200, affecting the following described property: f "Specific location not defined ". 4. Terms, conditions, obligations and restrictions of Right of User recorded January 10, 1967 in Book 225 at Page 161 as Reception No. 126395 and recorded December 23, 1969 in Book 245 at Page 203 as Reception No. 138437. 5. Existence of "1041 Hazard Areas" that might affect the property, any improvements, and the use and occupancy thereon and no structure shall be built within the setbacks required in the AF- 1 zone district without approval by the Board of Adjustment as shown and depicted on the Elizabeth Pfister 1041 Review. Site plan recorded August 14, 1990 in Plat Book 24 at Page 70 as Reception No. 325252. 6. Easement and right of way for purposes of laying, constructing, maintaining, operating, removing, and /or changing the size of pipelines as granted to Rocky Mountain Natural Gas Division of K N Engery, Inc. by Arthur Pfister in the instrument recorded August 23, 1990 in Book 627 at Page 963 as Reception No. 325547, affecting the following described property: Parcel of land in the NW 1/4 of the HE 1/4 and the N 1/2 of the NW 1/4 of Section 10, Township 10 South, Range 85 West of the 6th P.M. 7. Terms, conditions, obligations and provisions of Deed of Easement recorded September 14, 1990 in Book 629 at Page 582 as Reception No. 326244. 8. Terms, conditions, obligations and provisions of Deed of Easement recorded September 14, 1990 in Book 629 at page 594 as Reception No. 326245. 9. Terms, conditions, obligations and provisions of Deed of Easement recorded September 14, 1990 in Book 629 at Page 604 as Reception No. 326246. re\Gfa1effi.dd J 1 Y. 3 "i " 9\r. ATTACHMENT ) V 1J \ Z' s` sl.• i • .oar n 17 1 �Y'i Y ( tlV e [>rvs1�11 , + t r ; Fi xm'ni••n x.+ ___.._ gJJ269J 05/19/91 10193 Rec $20.0 SK 646 PO 242 Fmn0.•an _ - -_._. ___ Silvia Davis, Pktkin Cnty Clerk, Doc 4190.0(1 ly 4 i WARRANTY DI' :1':l) 111111 R'S STAMP . 71115 I1F :P :1/, AlaJr this fat J:p'nf MAY .Ig 91, Ihtnlvn Elizabeth U. Pfister, Nominee Nnncy Hurls Pfister, Christina Pfister and Susan Elizabeth Pfister �p ofth • grsnh'nf Pltkln an,l rune of (A II Colornlo. grrmnnsk aM . ...,_ : wN A Janes Guy Ftf lcld and Betsy Fl Clcld (4 -j(.` a n } it uhnse legal a1Jr.•ss i, T b I a I'; nnh enemy or and State of CtRENk. #.a ,,, . 0 1 WIFNI:5N, thn the vr..o,(sk L+r aM I .... hi,rmem r.n, nanof TEN AND NO /I00 3 DOLL ARS, p the mvlpt anJ suni,xel er,.h . h Is Ilcn Fy a'lmaLJgeJ, ha gnmhJ, hvgalrlN. ,nIJ :mJ a.'e),I. and Ay.here a,nu � Jo pram,bm,in.wll,"'il"Iaul-nfnns enlolhgfanlms,that,haloa tdauienvfim +er. nolimcnaocy in min mm bns �' ✓ in!' +im nn.nx), all the a•.J pn•(\`ey h +gelM1,n.ilA impnnerwms, if any. sismlr. fling anJ ping in ,h, C, < of Pl[k1n :mJSl nl ('otnwJo. JescuhJ as fidla.l: n / as described on Exhibit A attached hereto and incorporated herein -� by this reference I, also kmmn M'stncsaM numhr as i n/a I 3 TOGETHER nith all and i singula III.• hcn+liDnwnu aM a I F Danelum+cs xn,L a mu hl th e u, a in anleiu aPrrnininS. lb, ion a nsrnM n rrsiont, a Smins(k cut.,, I. he es, rents. sseesn i u d I t.0 hnvf, M all lheslaw, right fide, inteusr, shin eM JenuM 'hsw•ser of the Sranhx( sk eilh.•r in n er equiryt of. inaM to the almr hsrgaimj pnmf us. nigh the hcnJilanlents and .rPtuknaM \f. II TO IIAVEAND TO HOLD thnid pnntiws ahne harg aimlaMrkurihJ. Hills lhealynrlwita lf, nlhatle gmmAf.Ihlr bell, II tl and assigns fxen,r. And the Smntodsk fm them sel ves, their htirs and irnmal nyfrsenwtires Jo prWnam. f grunt, Wgait ud agree I. .,A aith the gutnas. then hein aM signs. them al the lmie of linen Aing anJ J,ti..11 ur arts.• 'i+ pawns they are udlsciled ufthe f n ws ahw,unw J, have Si sure (eikt. absulute and imRreuiMee'ale ! j of inhrrilam.• tofu inf. �simpl e,andhavegnWdgM1Lfellp9uerand lm fulamllodtytogmm, hsrgain. sett and vow) thsanse in I I .1 nnn,r aM h+m1 ah +nsaW, and that the sans, are fnv and akvr hunt all furs•, 3W oth, Stands laagains, sites, liens, farts, I' i5et111Mnla, eeflln•jraM \SaM wwnJ0OS ufnhn•+Cr kinJMn]IYM .A +rL ew,,4 those set forth on Exhibit li B attached hereto and incorporated herein by tills reference. 1 - - i \ The granti shall an d Hill WARRANTAND FOREVER DEFEND the denv ixogaind prcnt ses in the quiet aM leaeable I I possessinnuflhe Fannvs. Ihfr hiss and sssiens,' a"'' I' u' d"e" ryrsnnwrynms lmfully cbimine shutwle nr any rya �i thrmf. IN WI WIiLREOFIL.•g,of LdM Ve 11,1.1el lhia d Jmuh Jas, se, forthaA ta 1 i.,s t r , a.nec _ U > ; a et stet, a IQ .11.ORA 1 WIC _ Na c er ¢s } ss. Count) of Pitkin J The forcgeing in "sine. Has aekmnalsAged Mine me this 2nd Jap of Hay .19 ! ' by Elizabeth II. Pfister, Susan Elizabeth Pfister now known as Suzanne F. Pfister, and Vi Pfister by her attorney to fact, Arthur 0. Pfister. �! Alaoml061mz.G�jires Nov . 5 ,1993 . H itwss mm haM and official A. 1p NN r ........... f �a �; •II in I >mrr. inun "City aM' ' I M.92I. W.3.86. 1Haa1e11 'In,n rte ainl tmmul n,aHeh lo,.r frl)x'. (aa.ue.latr...a . fn Mgr .luyap aav rN Louerl .. .. :�*)1_ 'rS'. •:u .iq.. i .. , �i �l to j�;r �+�'�1Z i \ }. �j'lr Jl. � F`�� � ��, }) v H332643 05/14/91 10243 Rec $20.00 DIC 646 PO 243 Silvia Davis, Pitkin Cnty Clerk. Doc $190.00 STATE OF COLORADO ) ) as. COUNTY OF PITRIN ) The foregoing instrument was acknowledged before me this 14th day of Nay, 1991 by Nancy Morle Pfister. �I Witness my hand and official seal. My commission expires: 5 -22 -97 t A1C i. � I � ` a Notary blic F (1F r. 1 tl• i�J =4 I A � A H z F 0 3 F w� 3 E ti o a o 4 < E m o - y 0 T y u 0 0 c s `e 3 q I ' r 1 i 1 :1 x m 3 q I ' r 1 i 1 :1 l ti�.,f 4q� + vI�41 k l' 8332643 05/l4/91 10143 Rec $20. 00 B!, 646 PO 244 .G1.T je Silvia Davis, Pitkin Cnty Clerk, Doc $190.00 EXHIBIT A PROPERTY DESCRIPTION i �3 Pfister Meadows, a parcel of land located in Lots 3, 4, 9 and 21 of Section 10, Township 10 South, Range 85 West of the 6th Principal Meridian, in the County of Pitkin, State of Colorado, more fully described as follows; Beginning at a Point whence the North 1/4 corner of Section 10, Township 10 South, Range 85 West of the 6th Principal Meridian, bears N. 00 degrees 59 minutes 31 seconds E, a distance of 489.00 feet; thence S. 00 degrees 59 minutes 31 seconds W. a distance of 636.00 feat, thence S. 31 degrees 51 minutes 08 seconds W. a distance of 603.62 feeti thence S. 89 degrees 22 minutes 14 seconds W. a distance of 779.05 feet; thence N. 00 degrees 05 minutes 2 seconds B. a distance of 997.61 3 feet; th minutes 05 seconds B. a distance of 165.00 feet; thence N. 88 d thence N. 32 degrees 13 agrees 52 minutes 36 seconds B. a distance of 1019.24 feet to the Point of beginning. Together with a non - exclusive right to ingress and egress over the "West Buttermilk Road" as established by documents of record. County Of Pitkin, State of Colorado. relpleteee.W N a ir` 4 L j. 8332643 05/14/91 10143 Rec $20.00 BK 646 PO 245 •• "1'Ii.�Q Silvia Davis, Pitkin Cnty Clerk, Doc $190.00 EXHIBIT B 1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the promises hereby granted, as reserved In United States Patent recorded August 26, 1911 in Book 55 at Page 189 as Reception No. 74886. 2. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 22, 1928 in Book 162 at Page 142 as Reception No. 84732. 3. Easement and right of way for road purposes as granted to Buttermilk Mountain Skiing Corporation by Arthur O. Pfister in the Instrument recorded December 22, 1966 in Book 224 at Page 444 as Reception No. 126200, affecting the following described property: "Specific location not defined ". 4. Terms, conditions, obligations and restrictions of Right of User recorded January 30, 1967 in Book 225 at Page 161 as Reception No. 126395 and recorded December 23, 1969 in Book 245 at Page 203 as Reception No. 138437. 5. Existence of 11 1041 Hazard Areas" that might affect the property, any improvements, and the use and occupancy thereon and no structure shall be built within the setbacks required in the AF- 1 zone district without approval by the Board of Adjustment as shown and depicted on the Elizabeth Pfister 1041 Review. Site plan recorded August 14, 1990 in Plat Book 24 at Page 70 as Reception N0. 325252. 6. Easement and right of way for purposes of laying, constructing, maintaining, operating, removing, and /or changing the size of pipelines as granted to Rocky Mountain Natural Gas Division of R N Engery, Inc. by Arthur Pfister in the instrument recorded i August 23, 1990 in Book 627 at Page 963 as Reception No. 325547, affecting the following described property: Parcel of land in the NW 1/4 of the NE 1/4 and the N 1/2 of the NW 1/4 of Section 10, Township 10 South, Range 85 West of the 6th P.M. 7. Terms, conditions, obligations and provisions of Deed of j Easement recorded September 14, 1990 in Book 629 at Page 582 as Reception No. 326244. 8. Terms, conditions, obligations and provisions of Deed of Easement recorded September 14, 1990 in Book 629 at page 594 as Reception No. 326245. 9. Terms, conditions, obligations and provisions of Deed of Easement recorded September 14, 1990 in Book 629 at Page 604 as Reception No. 326246. 1{ ,e\pfst.b.dd Li 44 VV ( uvv S ATTACHMENT I. t.1. ,1 :;1 . $d!i;r fn7w ��!'��,�, i ;:l di• >''ShhJ,1J,YifJk1!) h '. i•wl 8332644 05/14/91 10144 Nec $10.00 BK 646 PO 246 �:'•• Silvia Davis, Pitkin Cnty Clerk, Doc $.0O 1.'� /• DIM) OF TRUST = . i J 'unsnnrulultr, nl :l. n.., 30th .Ip.d April .1•,91 .1....... Jmnes Guy Fifield and Betsy Fifield ..6,.a,nnav6 257 W. 86th St., Apt 3 D New York, NY 10024 4'rrimflrr akr Jmx ;unuy.aM rl. Powlr Tnnrn•,d 11y 'tlunp rd Pitkin sr . „in,n ;,.,u,r.J l.,,. rowir I... \1'11aF1Sl:111, 1116;. Will HENS, dales G Fifield amid Betsy Fifield Axr..vuJaryvnianv)'nq rvnxra.Mr<imllcr lckmJ N ain"A.r Jan+l Of even date herewith •s " ^” ryin;y.al wm.d $1,266.666.65 Il..uan, N u, m..ymrnr APV V. Ilecht, as Tlastee for 7tle 1990 MiP Trust, The 1990 SEP Trust and the CQRnTINAuand ns Agent for Arthur 0. Pfister 601 E. Ilymvn AVMUO, Aspen, 00 81611 :n.,,I.J.rr MV.vl. nirh in r"d lMnnn fnvn,A J.. rbmd x J.n.nr ten rn."rlrn anr"rr,. ppin on or before five (5) years from the date hereof in the manner specified in said Promissory Note AND U'lI1:m61S. l lc ;Amp i,J.inv"d vcurin;Pn n.nlollly Ivll.fnl a"I iu"'rcd dvi.linxni..,vy wve in ela.m m,reo,k—llla Aid yv; vary •.rrM qM. W.". I III RUMP 11� ;urn v. i. '—U rnr„IJ 1 ,m11 1.1, anvu—l. 'kV, 1-01 n,m. Imyi, sYlaN.m.p' alto ll, MNil T .r 4vnv Ny n:In+.rny,A LJn 1'.. +ir p I. l•vnp nr Pitkin .srn,•w nJ .n r Pfister Meadows a parcel of land located in Wts 3, 4, 9 and 21 of Section 10, 7branship 10 South, Flange 85 West of the Gth Principal Meridian, in the County of Pitkin, State of Colorado, were fully described as follows: Beginning at a pointubenc•ehe Abrth 1/4 corner of Section 10, Township 10 South, 8alge 85 West of the Gth Principal Meridian, bears N. 00 degrees 59 minutes 31 seconds E. a distance of 489.00 feet; thence S. 00 degrees 59 minutes 31 seconds W. a distance of 636.00 feet; thence S. 31 degrees 51 minutes 08 seconds W. a distance of 603.62 feet: thence S. 89 degrees 22 minutes 14 seconds 14. a distance of 779.05 feet; thence N. 00 degrees 05 minutes 21 seconds E. a distance of 997.61 feet; _ thence N. 32 degrees 13 minutes 05 seconds s. a d distance of 165.00 fee thence N. 88 degrees 52 minutes 36 seconds E. a distance of 1019.24 feet to the point of the beginning. Together with a non- exclusive right to ingress and egress over the 'Tiest Buttermilk Read" as established by .docuients of record. Fliz�'iS a 1 ?U *947 +Il in IMmv. i..''Cin mJ" Nn. JII,1. No'. l�JI. annoy Imt31 rnnW u,v,o eua u..nsm u.avn w.re.an•,..0 r. "n.,..n.u.....,.r,m.v . w"r »..:vv..aav Ala nrin,"arJgnuArvm . x'hhr vwri,vmrl. rn•rnd,—Alin Cnru l4v,.•. in rA numy,d Pitkin . srn< „rc,J,nuJ.:. r.,u nrn i,r...y,e>n•nA.r „r+.,u {Ia,n ' iriN in rle,.xin,dvi.I Ale L, nn, ht,y-u mlly,rnirerne vm xill Min; in ran. Lvr .wl*aIwW6 ndwe Lxin; h n rynuvly $inn n(rM IinwvN plarohudr ul.•, ny ."Al, aJmrfiunym, in umrr T Ate ", I . .f'.r'fSdiy�ly 1 Wcy f 's"M:N #332644 05/14/91 10144 Rec $10.00 BI: 646 FU 24711, , f . � a sllvia Davis, Pitkin Cnty Clerk Doc $ 00 a1W,Nahnn N ml quk aJNawabk Nnaw,xa nNN MbWTrv,A .M1i„wrrwv,aM axiFna..Salnaallawlne,yNmnw Nnw, I. Nil, 'bmu.F w,shimdA xN•k, >.,ryn,Nm•1.INy -1,. AA aW xill U'ammand Bnne, N,-RW. AND.TNlincaw•IJafwhinanywfvW Npmwf MNinciNlttinurc• Laa• rdiniwtlquw• raMennlob >iJryaxniwvyrottalwbaW,pany • flNm, wmyryalNm. Ew• 4ahcunmblanxdanyuNAennemm ,wapn <n •m,Nrcin. AyaN Ynmw,AiaryamalaNeunmimwa,i6m, INn and inlAalcarlACxN•ladvW friwiNbumhrcM1y vcwJ. n.laN inkrcu,Nmm W lllvlinu••Idrc uk, nvYat•rre, aaMayawaal,N kpp,1 N�44uAenvl,t\\wrcJwaNlyable,aNlN V W I`n`NnYh oIJ1mN n""ww,.wluilM1lN mw•Q4vv ifviJ iwANNwuAaJ nuwrcJ.aJ,Aa if 6nwM1•,nre Nmw: br lA nmlie n�ue. >n all, Ya E.e a,N,wn..r a reasonable a mt tinx., fur¢nivun IA mrynivmef viJ F.n <Feun• M,�JinF„Aallh aILmN Ay IW O616Trva.¢ a armollN am rf Anelowrc.aMif Iwahnun N mak 1nnvFM1 IN nmu a 1 ;anv,eMe aln,rc5's In•,M1all N vaN Ay au nrcn a a ryu of Iti w,191>mA fve6nwc yn4mlmp_ TN,ln9ula nunlNr,nall imlwle IN Ptunl. llv pu,A IN,inyuLr. a r new Ail 30th Jaya April M.I. �a b _ Shea , yJrl. r9,my nl Q'A,-d 1M Mepin9lmlrvmeM as iwlJFN hire -0,11 30th J,YN April .1991 M lames 611 Fifield and Bet Fifield HOSEIMI EGAMBIANG0 Y Sl Nalary WAIIa, Shia of N. Yolk No. 434693662 \\i1Ma up'trawl awl ual. QJElillcd In BkAmand Gounry cAn m#slon looms June IS. JXj 1 my mm�aa,wn npirc, yyysgya�.t } wan (9- JKgV �o O G J� O g 7 u. a 0 a rc > O V u $ 3 u X V r 1't 1 : i � I r; ``r 1 I. 44 .a 1 1 general real estate taxas for 1991 , .hm , aaw paw'unany,wAimunwv.aN all nwaka w. ryW silo inrcn. ulxw.oalN n44 9ryaann.... N•r4NmaN AmaorarynalNiM4wJn 1 N. m1Ay1M1i3O.rlaTrvaaMny NNW w1 a,NMw,\JvJ,Nv49h4 Nin ifw4N W rc V ,u . rc full aJJkA91, M N a iNgwAa,, IN Nw &ivY 9vay iA im nm l +!cNNn:n l in,11 rable aN lAi, 11 then imkfwM1 Fv fann,n Mawv m.wa any alN iy *xnu N•wircJ 4T lla, Irc insu value thereof. ATTACHMENT ALTA Commitment (6/17/06) AI; PA Commitment Form COMMITMI?N'1' FOlt'I'1'1'1.1? INSURANCE Ismied by stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: A orized Countersignature Stewart Title of Colorado Inc. - Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone Number: (970) 925 -3577 ALTA Commitment (6/17/06) stewwt "title guaranty company +3 r 1908 �:o! r EY s0 i 4 senior Chairman of the Board Chairman of the Boartl C';��z� CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http: / /www. al ta. ort, title rt title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, I louston, Texas 77252. 0 i?50 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1, Effective Date: August 21, 2007 at 8:00 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Standard) Proposed Insured: To Be Determined (b) A.L.T.A. Loan Order No.: 46449 Amount of Insurance $TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE/EASEMENT 4. Title to the FEE/EASEMENT estate or interest in said land is at the effective date hereof vested in: James Guy Fifield and Betsy Fifield 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 350 Eagle Park Dr. Aspen, Colorado 81611 Order No.: 46449 ALTA Commitment 16/17106) - schedule A Page I of 2 STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued: TO BE DETERMINED stewart '� tltle guaranty company Ij JU51 EXHIBIT "A" Parcel One Fee: Pfister Meadows, a parcel of land located in Lots 3, 4, 9 and 21 of Section 10, Township 10 South, Range 85 West of the Sixth Principal Meridian, in the County of Pitkin, State of Colorado, more fully described as follows: Beginning at a point whence the North 1 /4 Corner of Section 10, Township 10 South, Range 85 West of the Sixth Principal Meridian, bears North 00 °59'31" West a distance of 489.00 feet; thence South 00 °59'31" West a distance of 636.00 feet; thence South 31 °51'08" West a distance of 603.62 feet; thence South 89 West a distance of 779.05 feet; thence North 00 °05'21" East a distance of 997.61 feet; thence North 32 °13'05" East a distance of 165.00 feet; thence North 88 0 52'36" East a distance of 1019.24 feet to the Point of Beginning. Parcel Two Easement: Together with a non-exclusive right to ingress and egress over the "West Buttermilk Road" as established by documents of record. COUNTY OF PlTKIN, STATE OF COLORADO Order No.: 4fi449 ALTA Cummilmem (6 IMM) - Schedule A Page 2 ul 2 7 stewart We guaranty company vi1 10 51. COMMITMI ?N'1' hOlt'1'1'1'1,1? INSURANCE SCHEDULE It— Section 1 RFQIjIRRNIENTS Order Number: 46449 The following are the requirements to be complied with: 1. Payment to or for the account of the grantors) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Release of Deed of Trust Dated: May 13, 2003, Executed by: James Guy Fifield and Betsy Fifield to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $1,000,000.00, in favor of: Bank Of America, N.A.. Recorded: May 22, 2003 as Reception No.: 483131. 4. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc. 5. Deed from vested owner, vesting fee simple title in purchaser(s). Order No_ 46444 ALTA Cmnn W nwm (611 7 10f,, Page I u1 I SLhedU1C H I stewart - - OtI. q.u,.W Lid j'J53 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 46449 The policy or policies to be insured will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 191 1 in Book 55 at Page 189 as Reception No. 74886. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 22, 1928 in Book 162 at Page 142 as Reception No. 84732. 11. Easement and right of way for road purposes as granted to Buttermilk Mountain Skiing Corporation by Arthur O. Pfister in the instrument recorded December 22, 1966 in Book 224 at Page 444 as A ( 1614. . ' stewart Al. r.,(h nnmun iG /17; Db�- S�Ludulc li '_ P.'I" I ..I ,u —• bile guurunty cornpuny �10r Reception No. 126200, affecting the following dc,,crihcd property: " "Specific location not defined " ". 12. Terms, conditions, obligations and restrictions of Right of User recorded January 10, 1967 in Book 225 at Page 161 as Reception No. 126395 and recorded December 23, 1969 in Book 245 at Page 203 as Reception No. 138437. 13. Existence of"" 1041 Hazard Areas "" that might at lect the property any improvements, and the use and occupancy thereon and no structure shall be built within the setbacks required in the AF -1 zone district without approval by the Board of Adjustment as shown and depicted on the Elizabeth Pfister 1041 Review. Site plan recorded August 14, 1990 in Plat Book 24 at Page 70 as Reception No. 325252. 14. Easement and right of way for purposes of laying, constructing maintaining, operating, removing, and/or changing the size of pipelines as granted to Rocky Mountain Natural Gas Division of K N Energy, Inc. by Arthur Pfister in the instrument recorded August 23, 1990 in Book 627 at Page 963 as Reception No. 325547 affecting the following described property: Parcel of land in the NW 1/4 of the NE 1/4 and the N 1/2 of the NW 1/4 of Section 10, Township 10 South, Range 85 West of the 6th P.M. 15. Terms, conditions, obligations and provisions of Deed of Easement recorded September 14, 1990 in Book 629 at Page 582 as Reception No. 326244, and Amendment to Deed of Easement recorded July 6, 1999 as Reception No. 433009 and re- recorded July 8, 1999 as Reception No. 433174. 16. Terms, conditions, obligations and provisions of Deed of Easement recorded September 14, 1990 in Book 629 at Page 594 as Reception No. 326245. 17. Terms, conditions, obligations and provisions of Deed of Easement recorded September 14, 1990 in Book 629 at Page 604 as Reception No. 326246. 18. Terms, conditions, obligations and provisions of Resolution of the Board of County Commissioners of Pitkin County, Colorado, Denying a Request from James and Betsy Fifield for Specific Review Approval to Construct a Single Family Residence Greater than 15,000 Square Feet, Resolution No. 93 -129 as set forth in instrument recorded December 10, 1993 in Book 734 at Page 588 as Reception No. 364438. 19. Terms, conditions, provisions and all matters contained in Resolution of the Board of County Commissioners of Pitkin County, Colorado Approving The Fifield Subdivision Conceptual Submission, 1041 Hazard Review, Scenic Overlav /Ridgeline Review, recorded December 6, 2006 as Reception No. 531892. 20. Terms, conditions, provisions and all matters contained in Resolution of the Board of County Commissioners of Pitkin County, Colorado, Grunting Approval of Detailed Submission and Final Plat to The Fifield Subdivision recorded RUIC 6, 307 as Reception No. 538638. Order No 46449 ALTA Cumnmmem (6/17/)61 - Schedale H 2 Page 2 nl 2 - stewart —title quaranty ...... , , r/ v i J 1 DISCLOSURES Order Number: 46449 Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that: A. The subject real property maybe located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado Inc. - Aspen Division conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single - family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded lines will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. t rda No 4649 l�ewan l inc u1 tldoradu Inc. - napen Uivivun UU J5(; EXHIBIT 2 Stewart Title of Colorado Inc. - Aspen Division. PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado Inc. - Aspen Division. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: 44,449 stewart'ritle of Colorado Inc. - Aspen Division Pnvacy Policy Notice Page I of I t�u'�J57 EXHIBIT 1 Stewart Title Guaranty Company PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm - Leach- Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non - financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: 46449 Slewan Tale of Colorado Ino. - Aelxn Division Privacy Policy Nonce Page I of I PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on July 1, 2010, the Pitkin County Community Development Director granted approval for the Approving the Fifield Activity Envelope Review and Special Review, GMQS Exemption for Caretaker Dwelling Unit (Case P016 -10; Deter. #062 - 2010). The property is located on Eagle Park Drive and is legally described as Lot 2, Fifield Subdivision. The State Parcel Identification Number for the property is 2735 - 102 -03 -002. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly on September 5, 2010. PUBLIC NOTICE RE: Fifield Activity Envelope Review and Special Review, GMQS Exemption for Caretaker Dwelling Unit (Case P016 -10) NOTICE IS HEREBY GIVEN that an application has been submitted by Jim and Betsy Fifield (350 Eagle Park Drive, Aspen, CO 81611) requesting to obtain activity envelope review approval to reestablish the previously approved building and landscape /access /utility envelopes, and to obtain approval for a caretaker dwelling unit. The property is located on Eagle Park Drive and is legally described as Lot 2, Fifield Subdivision. The State Parcel Identification Number for the property is 2735- 102 -03- 002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920 -5093. Published in the Aspen Times Weekly on March 28, 2010. Attention Adiacent Property Owners A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by April 28, 2010. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. �F� —u"AUV T County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING; PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 1, %. to yt to M4&_P 1 , being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all wners of property within 300' of the subject property, as indicated on the attached list, on /t //� , 200ARwhich is 15 days prior to the deadline of 200At The names and addresses of the ad}ucgat property owners shall be those on the current tax records of Pitkin County as they appeared no mo a than days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the _ ti-�'. 2g09; which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign i ched hereto. aim + a,cTsl Ft 0'rt e Applicant's name Signature (Attach photograph here) Signed before me this y _day of 200Qby WITNESS MY HAND AND OVFI�IAL SEAL My commission expires: oZ 1 -1 1 1 y� Nota P c rY C1ICy�Ce• Notary Public's Signature R., KF G: counly\admin \1bnnstaffidavit for Activity Envelope/Site PlatdCaretaker Dwelling Unit / I o-P 5� - FI GARFIELD ALTMAN LAWRENCE & JOAN ( FIFIELD JAMES GUY & BETSY GARELD & & HEC HT PC EC 601 E HYMAN AVE PO BOX 79 I 350 EAGLE PARK OR ASPEN, CO 81611 81812.7918 ASPEN, CO 81611 LOT 5 EP LLC C/O RALPH WHIPPLE 413 VINE ST ASPEN, CO 81611 MCNAMARA FAMILY TRUST 15803 VIEWFIELD RD MONTE SERENO, CA 95030 PFISTER SUZANNE ELIZABETH RES TRUST BOX EE ASPEN, CO 81612 ROTH ELDON & REGINA 984 QUAIL HOLLOW CIR DAKOTA DUNES, SO 57049 WOOLEY JEFFREY I & JULIE C 3800 W HILLSBOROUGH AVE TAMPA, FL 33614 SANTUCCI VINCENT G & ELAINE 0400 EAGLE PINES DR ASPEN, CO 81611 TELEGRAPH HILL TRUST 1117 BOYLSTON AVE EAST SEATTLE, WA 98102 ATTACHMENT C i proper Duanoer'S W i 1+li n 300 -Fed of 4 p 5 ubi Vi c e Proper{ 19 Etiquettes taciles a peter t • Uttlisez le gabarit AVERY r s 51600 Sens de Re. pliez S la hachure atin de www.avery.com Al charrlemr•nt reveler le rebord Pop -Upr" 1. 800 -GO -AVERY • FI GAR FIELD ALTMAN LAWRENCE & JOAN I ' FIFIELD JAMES GUY & BETSY GARELD & & HEC HT PC EC 18 601 E HYMAN AVE ASPEN, p0 BOX 79 79 I 350 EAGLE PARK OR ASPEN, CO 81611 81812 -7918 ASPEN, CO 81611 LOT 5 EP LLC CIO RALPH WHIPPLE 413 VINE ST ASPEN, CO 81611 MCNAMARA FAMILY TRUST 15803 VIEWFIELD RD MONTE SERENO,CA 95030 PFISTER SUZANNE ELIZABETH RES TRUST BOX EE ASPEN, CO 81612 ROTH ELDON & REGINA 984 QUAIL HOLLOW CIR DAKOTA DUNES, SO 57049 WOOLEY JEFFREY I & JULIE C 3800 W HILLSBOROUGH AVE TAMPA, FL 33614 SANTUCCI VINCENT G & ELAINE 0400 EAGLE PINES DR ASPEN, CO 81611 TELEGRAPH HILL TRUST 1117 BOYLSTON AVE EAST SEATTLE, WA 98102 ATTACHMENT= p roper Duarrer's W Ht+ iA 300 -Fey of 4k— 5ubj vec�-- Prope -f � N Etiquettes (aciles a peter I A Repllez A la hachure An de ; www.aver UUlisez In gabarit AVERY "� 5150'P' Sens de rtvkler le rebord Po U rr ' ry / churgr.mrnt P P / 1- 800 - - AVERY 3 V y M.4 ;T 1 7 ou ICE DATE TIME 3 V y M.4 ai U �, 01 t1i - I V -4 I j,lf Page 1 of 1 Suzanne Wolff From: Glenn Horn [ghorn @rof net] Sent: Wednesday, April 28, 2010 5'08 PM To: Suzanne Wolff Cc: betsyfife @aol.com Subject: Fifield Caretaker Dwelling Unit Suzanne: I spoke with Betsy Fifield. By way of this email, we amend the application to delete the request for approval of a detached Caretaker Dwelling Unit (CDU) from the Activity Envelope review. Please contact me if you have any questions. Glenn Davis Horn Incorporated Glenn Horn AICP 970- 925 -6587 4/29/2010 AAM APR 2 2010 Board of Directors Debbie McNamara Julie Wooley Bill Smithburg Vincent Santucci Manager Matthew Shmigelsky April 28, 2010 Via Hand - Delivery & E -Mail Ms. Suzanne Wolff, AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 E -mail: Suzanne. Wolff @co.pitkin. co. us Dear Ms. Wolff: As President of the Eagle Pines Homeowners Association , I write with respect to Jim and Betsy Fifield's Lot 2 Fifield Subdivision Activity Envelope Review and Special Review /GMQS Exemption for a Caretaker Dwelling Unit on Eagle Park Drive (Parcel ID: 2735 - 102 -03 -002). The Board of Directors of the Eagle Pines HOA does not object to the Fifields' land use application so long as it is only a renewal of the application that the Fifields submitted to the HOA and which the HOA previously approved. If, however, the Fifields' currently pending land use application varies from the HOA- approved application, the Fifields, as they know, will need to present the proposed application to the HOA for approval in accordance with the HOA's protective covenants. In that case, the HOA may need to conduct further review and analysis. Based on your department's decision to recently approve Lot 5's second driveway even though Lot 5's application to the HOA was expressly denied, the HOA is uncertain as to what, if any, effect its approvals have on your department's decisions. The HOA believes that land use applications that do not comply with HOA covenants and rules should not be approved by Pitkin County. 11 Please feel free to contact me about these and any other land use issues bearing upon the members of the Eagle Pines HOA. Thank you. Very truly yours, /s/ Debbie McNamara Debbie McNamara President Eagle Pines Homeowners Association cc: Julie Wooley (via e -mail only) Bill Smithburg (via e -mail only) Vincent Santucci (via e-mail only) Gary Beach (via e -mail only) Matthew Shmigelsky (via e -mail only) Christopher D. Bryan, Esq. (via e -mail only) 2 Fagle Pines Homeo%aners Association III 1119o.pmtli Read tiuuc 471 o A�pcn C'olw udn 8 16 11 911y`i ;4;< Ia,1 +7119's 77 Board of Directo,v Vincent Santucci Julie wbnleN Bill Smithburg Debbie McNamara March 15. 2010 Suzanne Wolft Pitkin County Community De%Cloprocnt 130 South Galena Aspen, CO 81611 SENT VIA EMAIL Re: hitield Actieit,N I m'elope Reaiela and Special Rc�ie\\: ONIQS I .Xemption fur Caretaker Dhselling Unit (ND 2735- 102 -03 -002: Casc P(116 -10) Dear Ms. Wolff, Fhe Association has reviewed the application materials and offers the tullml ing comments: Phe Eagle Pines offers no comment \�ith regard to the approprialeuess of the Filield's request for land use appto%ads as it rclales Ic fulure deNclopment pro\ ided all futwe development complies with the Lagle Pines I tomeo%\ncls A�,ociation's Protecti\c Co\cmmts and De ign Re\ic�k process Also, the A,socmtion rcyuesis Ihui the Cnunt\, should approval he granted to the Applicant, coolinue to uphold the requirements of Resolution No. 131- 2006 %Oieh states: Prior to the roumrrncenrenl o/ Cnnstrilcoorr, Ihr ,I pplirotu /FiJicicll .ti hall po a 1Ic cn r i ellirle I tuc Fee to tale Blatermilk Aleiropolitan Urclrict Ac Applicanl.sholl oleo ohloin pernri.c.rior /rant the UirrriCl Jar• crr>_t' e rrllirtt{ n/ roofs or ulilitt' e17eMion.c in the rtroelA. y If you have any questions or require additional inibrmation. please call the office. Rcuards, 13y t ... Gary 1.. each Manager Eagle Vines I lomeowncrs Aa soclatlon O.log I I lie Id ( VIO III I)CV \pphanwn R01)o11.o doa P5 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 March 12, 2010 Glenn Horn 215 South Monarch Street, Suite #104 Aspen, CO 81611 ghom @ro£net Re: Fifield Activity Envelope Review and Special Review, GMQS Exemption for Caretaker Dwelling Unit (PID #2735- 102 -03 -002; Case# P016 -10) Dear Mr. Hom: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) April 13, 2010. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by (30 days out) 28` day of April, 2010. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 13` day of April, 2010, which is at least fifteen (15) days prior to the (30 day out) April 28, 2010. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 IaL01 uT[1 M ► 1 uI To: West Buttermilk Homeowners Association Eagle Pines Homeowners Association Pitkin County Housing FROM: Suzanne Wolff, Community Development Department Suzanne.wolf£nu co.pitkin.co.us Re: Fifield Activity Envelope Review and Special Review, GMQS Exemption for Caretaker Dwelling Unit (PID 2735- 102 -03 -002; Case P016 -10) DATE: March 12, 2010 Attached for your review and comments are materials for an application submitted by Jim and Betsy Fifield. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, April 28, 2010. http: / /www.aspenpitkin.com/ Portals /0/ docs /county /Com %20Dev /Plannin2fLand Use An plications/P016 10 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtler(aco.pitkin.co.us or 920 -5109. Thank you. PITKIN CUNTY COMMUNITY DEVEL( MENT Permit Receipt RECEIPT NUMBER 00028955 Name: James & Betsey Fifield Date:3 /4/2010 Project Address: 0 W BUTTERMILK RD Type: check # 90326 Permit Numbe Fee Description Amou 0016.2010.PLAN PP- Flat Fee 2,808.00 0016.2010.PLAN PP- Clerk Tech Fee 25.00 0016.2010.PLAN PP- Public Notice Fee 54.00 0016.2010.PLAN PP- Housing Referral Fee 179.00 Total: 3,066.00 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AFTER REVIEW RECORDED COPIES AVAILABLE TO BUY AT CLERK & RECORDER