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HomeMy WebLinkAboutpitkin.planning.273717311012 (3)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2737- 17 -3 -11 -012 Application Date: 7/1/10 Case No: P051 -10 Description: Independence Pass LLC Site Plan Review Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 5 Project Address: 74 NORTHSTAR DR, ASPEN, CO 81611 % Over Hours: 6 Property Owner: INDEPENDENCE PASS LLC Address: 45 PECK ISLAND DR GREENWICH, CT 06831 Owner Phone: (203) 629 -6571 Owner's REP: STAN CLAUSON REP's Email: clauson @scaplanning.com Address: 412 N MILL ST ASPEN, CO 81611 REP's Phone: Referrals: ALL OTHER REFERRALS Comments Due Date: 09/01/2010 Other Referrals: East Aspen Caucus None Preserve HOA None Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 08/01/2010 Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 069-2010#573534 Other Information: VR Approval Date: 09/13/2010 Plat Recorded Date 10/12/2010 VR Expires Date: 09/13/2013 Plat (Bk, PG): B94 P88 -89 #574235 Remarks: Application Type: Site Plan RECEPTION #: 573534, 0 911 512 01 0 at 10:55:21 AM, 1 OF 3, R $0,00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE INDEPENDENCE PASS LLC SITE PLAN REVIEW Administrative Decision No.191-2010 RECITALS 1) Independence Pass LLC (hereafter "Applicant ") has applied to the Community Development Director of Pitkin County (hereafter "Director ") to obtain Site Plan review approval for a residence. 2) The parcel is located at 0074 Northstar Drive, and is described as two parcels of land designated as the "Smith Parcel" and the "Smith Open Space" on the Preserve Subdivision Plat. 3) The parcel is zoned AR -2 and contains 3.48 acres, of which 1.17 acres are designated open space. 4) The parcel was created when the Preserve Subdivision was created, but is not part of the subdivision. A building envelope was not approved at that time as there was an existing residence and no redevelopment was proposed. Pursuant to Resolution No. 98 -213, the BOCC granted 1041 hazard review, scenic overlay review and caretaker dwelling unit approval, and denied the use of TDRs for additional floor area. The vested rights for the approval expired in November of 2001. The BOCC denied a request to extend the vested rights, pursuant to Resolution No. 178 -2001. 5) The Hearing Officer granted 1041 hazard review and scenic overlay review approval, pursuant to Determination No. 27 -2005. The Community Development Director approved two minor amendments to modify the building envelope and the proposed residence, pursuant to Administrative Decision Nos. 07 -2007 and 11 -2008. The amended site plans were recorded in Plat Book 84 at Page 17 and Plat Book 86 at Page 59. 6) In 2006 a building permit was issued for the project. Following issuance of the permit, the existing residence was demolished and the house site was excavated. Work subsequently stopped on the project and the permit expired. Since the vested rights for the 2005 approval have expired, site plan review is required. The proposed site plan includes the following changes: the proposed residence has been shortened on the east and west ends, the swimming pool has been eliminated, and landscape wing walls have been shortened and /or eliminated. The building envelope and driveway are the same as previously approved. 7) The parcel is exempt from growth management for up to 12,873 square feet of floor area without the use of TDRs or a growth management allotment, pursuant to Sec. 1- 70- 20(b)(3) of the Land Use Code ( "Code'), since the parcel was included on the County- approved Preserve Subdivision plat and the allowed floor area is set forth in the Preserve Subdivision — Subdivision Improvements Agreement. 8) The Director finds that the request complies with the applicable provisions of the Code, as follows: A) The previously approved building envelope complies with the standards of the current Code. B) The proposed residence is consistent with the criteria for development within the Scenic View Protection Area. The massing of the residence has been reduced from what was previously Administrative Decision NoW -2010 Page 2 approved, a natural berm and landscaping will screen the residence, and the residence is located at the site of a prior residence and does not exceed the visual impact of the prior residence. C) The development complies with the applicable Site Plan review criteria of the Code. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application, including substantial compliance with the plans dated 6/22/10, and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of Hearing Officer Determination No. 27 -2005 and Administrative Decision Nos. 07- 2007 and 11 -2008 shall remain in full force and effect, except as amended herein. 3. Prior to submission of a building permit application for the residence, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The site plan shall clearly depict the building, access and landscape envelopes. 4. The exterior of the residence shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. The exterior materials shall comply substantially with the materials study dated 6/7/10. 5. Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 6. No development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 7. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 8. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 9. 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 f - ` 2013. Administrative Decision No. J _ y -2010 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the I" day of August, 2010. APPROVED by the Director, this __� day of Se , 2010. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the ;?& day of 2010. Cindy Houben, Community Development Director PID #273717311012 P051 -10 1� I STAN CLAUSON ASSOCIATESiNC landscape architecture. planning. resort design ? t Gil North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/92o -1628 info @scaplanning.com www.5captanning.com �r 29 June 2010 Suzanne Wolff, AICP Pitkin County Community Development 130 S. Galena Street Aspen, CO 81611 Re: Smith Parcel Request for Site Plan Review, Parcel ID # 2737 - 173 -11 -012 Dear Suzanne: On behalf of Independence Pass LLC, we are requesting Site Plan and Scenic Overlay Review for a residence to be located on "the Smith Parcel" of the Preserve Subdivision at 74 Northstar Drive. The applicant received 1041 hazard review, scenic overlay, and special review approval and GMQS exemption to construct a CDU under Determination No. 27 -2005. The Community Development Director approved amendments to the approval, pursuant to Administrative Decision Nos. 07 -2007 and 11-2008. A building permit application was submitted prior to the expiration of vested rights. However, the permit expired due to inactivity. The applicant has a slightly revised design, essentially in the same location as the prior approval. The applicant will utilize the previously approved building envelope, which has not lapsed, and the existing driveway for construction of a new residence. Additional envelopes have been identified for landscape and access purposes, as required by code changes subsequent to the original approval. Please let me know if there is additional information which you require. Very truly yours, Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC 0001001 0 10 APPLICATION Site Plan Review 29 June 2010 Applicant: Independence Pass LLC Location: 74 Northstar Drive Aspen, CO 81611 Parcel ID #2737 -173 -11 -012 An application for Site Plan Review and Scenic View Protection Review for construction of a single family residence Represented by: I� STAN CLAUSON ASSOCIATESiNC \\1 landscape a rc hitect ure. p lanni n g. reso rt design 1 1 . ' T S ptz North Mill Street Aspen. Colorado 816 11 t 970l9 25 -23 23 f. 970 /9 z 0-16 28 info®scaplanning.com www.scaplanning_ com 000001 Table of Contents • Project Overview • Land Use Code Standards • Attachment 1— Vicinity Map • Attachment 2 — Topographic Survey Map Smith Parcel, The Preserve Amendment No. 1 • Attachment 3 — Scenic View Protection Review plan set • Attachment 4 — Previous Approvals • Attachment 5 — Title Commitment • Attachment 6 — Legal Description • Attachment 7 — Owner Consent • Attachment 8 — List of Property Owners within 300' • Attachment 9 — Fee Agreement • Attachment 10 — Pre - application Conference Summary 000ovS ect Overview This application is a request for Site Plan Review and Scenic Review for a single family residence on the "Smith parcel" which is part of the Northstar Preserve Subdivision. The 3.48 acre property is located in the AR -2 zone district, and 1.17 acres of the property are designated as open space. This application notes that the maximum allowable floor area for the parcel is 12, 873 s. £, and the exempt floor area is as provided for parcels within the Urban Growth Boundary. The parcel received 1041 Hazard Review and Scenic Overlay Review approvals in 1998, and more recently through Determination No. 27 -2005. This approval was modified by two subsequent minor amendments in 2007. Vested rights for these approvals have expired, but the established Building Envelope has not lapsed. The 2005 approval included a CDU, which is no longer requested as part of this application. In 2006, Building Permit No. 0235.2005.prbk was issued for the project. Following issuance of the Building Permit, the existing residence on the site was demolished, an excavation for the new residence was dug, and utility work provided a connection to Aspen Consolidated Sanitation District facilities. However, work stopped on the project and the Building Permit was deemed to have expired. In this current proposal, the residence and site plan have been modified slightly from the original approvals. The physical extent of the building has been somewhat reduced in the east -west direction and the swimming pool has been eliminated from the site plan. However, the overall project is essentially the same in its appearance and minimal visual impact from State Highway 82. The new residence contains approximately 8,008 square feet of residential floor area. Based on an analysis by former Senior Planner Rick Magill, the floor area assigned to the Smith Parcel is 12,873 square feet. (See Lance Clark's Letter, Attachment 1). This parcel is within the designated Urban Growth Boundary, which means that the property is eligible for 4,000 s.f. of below -grade floor area and an additional 750 s.f. of garage floor area that does not count against the allowable floor area on the site. Staff did raise the question as to whether growth management requirements initiated with the 2006 code amendments would be applicable to this site. It was confirmed by staff and County Attorney, John Ely, that the incorporation of the Smith Parcel on the original County - approved Northstar Preserve subdivision plat precluded the applicability of growth management or TDR requirements. The previously approved building envelope and driveway will be utilized in the new development. The owner will also comply with all requirements, including those governing wildlife, issued with the prior 1041 approval. The proposed siting of the principal building continues to avoid encroaching on the mound to the east of the structure. This topographic feature helps to screen the development from the view corridor. The project also keeps significant distance away from the front yard setback to minimize the visual impact on State Highway 82. Independence Pass LLC 29 June 2010 U Parcel ID #2737-173-11-012 Page I 1 It is our understanding that the conditions of approval for "The Preserve" subdivision, including floor area allocations, height restrictions, and the establishment of view corridors, are independent of the Smith Parcel, and do not affect the review of the Smith Parcel. Independence Pass LLC 29 June 2010 � 0 0 9 5 Parcel ID #2737-173-11-012 Page 1 2 Land Use Code Standards Section 2 -30 -20 (g): Site Plan Criteria for Approval (1) General Except as state in subsection (2) through (18) below, an application for administrative review shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land Use Policies listed in Sec. 1 -60, and (c) all prior development approvals applicable to the subject property. Where the decision of staff will result in the approval of a land use that is not permitted by right in the zone district where the property is located, compliance with the requirements of this Land Use Code shall include, but shall not be limited to, compliance with those standards for special review uses in Secs. 2- 30- 30(h)(2) and 2- 40 -20, as applicable. (2) Site Plan A Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) and Activity Envelope previously approved for the property pursuant to Sec. 7- 10 -50, and (c) all prior development approvals applicable to the subject property. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7- 10 -60. If an Activity Envelope has not been previously established for the property pursuant to Sec. 7- 10 -50, one shall be established as part of the Site Plan Review process. Use of TDRs for additional floor area to increase house size above base maximum outlined in Table 5 -1 shall be reviewed through the Site Plan process. Response: The previously approved Site Plan contained a Building Envelope which has not lapsed under the Pitkin County Land Use Code. A new Activity Envelope has been established that conforms to the originally- approved Building Envelope. There are no known changes to the Land Use Code that would affect or require modifications to the originally- approved Building Envelope. A new Site Plan has been prepared that reflects the revised building footprint and the elimination of the outdoor swimming pool. The use of TDRs is not required for this application, as the parcel is located within a County - approved subdivision that was approved prior to 5 July 2006, per Sec. 1 -70 -20 (b) (3). (3) Activity Envelope 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 anticipated and related septic field on the site pursuant to Table 5 -1. Use of TDRs for additional floor area to increase house size above the base maximum outlined in Table 5 -1 shall be reviewed through the Site Plan process. 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 and septic field of that size. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Independence Pass LLC 29 June 2010 Parcel ID #2737 - 173 -11 -012 Page 1 3 Priorities for Locating New Activity or Development listed in Sec. 7- 10 -60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and Natural Resources On -Site Wastewater Treatment System regulations. Response: The previously- approved Building envelope has not lapsed and is reflected in a new Activity Envelope for the proposed residence. The residence will be served by the Aspen Consolidated Sanitation District and will not require a septic system envelope. Section 7- 10 -50: Site Plan and Activity Envelope (a) 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 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 resources areas. Response: There are no identified "constrained areas" on this residential site. (b) 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 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. Response: A Building Envelope and associated landscape envelopes have been established for the site based on prior approvals. These envelopes have not lapsed nor are they affected by new provisions of the Land Use Code. They have therefore been replicated in this application as Activity Envelopes. These envelopes meet all the goals of this code section. (c) 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 Independence Pass LLC 29 June 2010 000007 Parcel ID #2737 - 173 -11 -012 Page 1 4 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. Response: The Activity Envelopes established from prior approvals are large enough to accommodate the proposed residential use of the property, accessory structures, and infrastructure. Separate areas have been designated for landscaping. (d) Clearing, grading, grubbing, earthmoving that exceeds fifty (5) 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. Response: All clearing, grading, grubbing, or earthmoving will be confined to designated Activity Envelopes. All applicable local, state, and federal permits will be obtained prior to recommencing construction or earthmoving activities. Because this property falls within a Scenic View Protection Area, appropriate responses to the Site Plan Approval section are provided as part of this application. (e) 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 BOCC as set for in Table 2 -1. Response: Not applicable to this property. (f) Once an Activity Envelope has been defined, the natural grade, topography, vegetation, and drainage of areas outside the defined areas shall not be distributed 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. Response: It is understood that no disturbance shall occur outside of the defined Activity Envelopes except as specifically permitted in the Land Use Code. Construction fencing shall be placed to define these Activity Envelopes during construction. (g) 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 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 Independence Pass LLC 29 June 2010 0 0 0 P J Parcel ID #2737-173-11-012 Page 1 5 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 Activity Envelope was defined. Response: Activity envelope and Site Plan Review are requested concurrently with this application. (h) The standards of 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. Response: This application responds to the applicable development standards as set forth in Table 7 -1 of the Land Use Code and as identified in the Pitkin County Pre - Application Conference Summary dated 9 June 2010. Section 7- 20 -10: Site Preparation and Grading (a) Grading and Fill Replacement 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. Response: All grading and filling will take place within the defined Activity Envelopes. A Site Plan is provided that indicates all fill placement and changes in topography. (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. Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec. 7 -20 -130. Response: All clearing, grubbing, and vegetation removal will take place only within the defined Activity Envelopes. This is documented in the Site Plan as provided with this application. (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 caliper(s) 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. Independence Pass LLC onopq Parcel e 0 ID #2737- 173 -11 -012 Page 1 6 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). Response: As the proposed residence essentially replaces and existing residence at the same location, no significant tree removal is anticipated as part of this application. Any free removal that is required for grading shall conform to the above requirements. (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 Areas 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. Independence Pass LLC 29 June 2010 o Q Q 1 Parcel ID #2737 - 173 -11 -012 Page 1 7 Response: The Landscape Plan provides for screening from State Highway 82. All disturbed areas will be re- vegetated promptly following construction. Topsoil will be saved prior to any excavation or regrading and will be reused to establish finish grades. Weed prevention and thistle management will be continuously employed on the property in accordance with Pitkin County guidelines. Erosion and sedimentation controls will be put into place as part of a Construction Management Plan. Section 7- 20 -30: Water Courses and (a) Applicability The water resource standards in this Sec. 7 -20 -30 are applicable to all development. (b) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), ponds, wet meadow, or wetland are also subject to the requirements of Sees 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). Response: There are no encroachment or channeling activities included as part of this application. (c) Drainage (1) General Activities and development shall provide for: (a) Maintenance of historical flow patterns and runoff amounts to reasonable preserve the natural character of the area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and /or stormwater runoff, (b) The unimpeded flow of natural water courses and ditches; (c) Adequate drainage for all low points; (d) 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; (e) Maintenance of drainage systems; and (f) 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. Response: The proposed residence replaces a residence that existed on the site for many years. As it is in the some location of the prior residence, there are no changes to the Independence Pass LLC 29 June 2010 000011 Parcel lD #2737- 173 -11 -012 historical flow patterns or runoff amounts. The natural character of the area is unchanged and there are no increases to runoff rates or velocity. Given the substantial acreage surrounding the proposed development, all runoff will be handled through natural infiltration. (d) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. Response: The proposed residence is served by a municipal water system and municipal sanitary sewer. No activities or development will introduce any contaminants or interfere with ground water recharge. (e) 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. Response: The proposed residence will not adversely affect the adequacy of wafer supplies or the exercise of any decreed water rights. The property executed a Raw Water Agreement with the City of Aspen on 27 December 1999, which provides "an adequate supply of water to irrigate not more than 20,000 square feet of lawns and gardens on the subject property. (f) 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 Systems 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, lines, 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. Response: The proposed development is not located immediately downhill of any irrigation ditch nor will it affect the functioning of any irrigation ditch. (g) Sedimentation Activities and development shall: (1) Control During Construction Provide adequate sedimentation control throughout all phases of development. Independence Pass LLC ®t� �1229 June 2010 Parcel ID #2737 - 173 -11 -012 Page 1 9 (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. Response: The proposed development will provide adequate sedimentation control during construction. No sediment run -off will be permitted into adjacent streams. All areas will be re- vegetated immediately following construction. (h) Water Quality (1) All land uses shall comply with this 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. Response: The proposed residence meets all setback requirements required by Sec. 7• 20 -80. The distance from the proposed residence to the 8026 Flood Line of the Roaring Fork River is at least 245 feet. This distance is sufficient to ensure that the proposed development will not affect any adjacent wafer body. (i) 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 property has a raw water agreement with the City of Aspen for landscape irrigation, ensuring that potable water is not required for this purpose. All rixtures and fittings within the residence will comply with local codes for the efficient use of wafer. Section 7 -20 -120: Scenic View Protection Areas Preservation of the character of Pitkin County requires careful attention to the visible impacts of proposed development. In general, the standards of this Sec. 7 -20 -120 are designed to minimize the visual impact of new development (including expansion to existing structures) when viewed from designated road corridors, as well as to preserve the rural character of all Rural Areas of the county. Scenic View Protection Areas shall be considered at the time of Site Plan approval and Building Permit issuance. (a) Intent The intent of this Sec. 7 -20 -120 is: Independence Pass LLC 29 June 2010 �0 J 0 1 Parcel ID #2737-173-11-012 Page 110 (1) To establish a Scenic View Protection Are that includes lands that are proximate to and most visible from specific roads in the County, with specific concerns for the areas that constitute the visual entrance "image" and passage through Aspen and Pitkin County as well as views of ridgelines from those roads. (2) To maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines and skylines throughout the County as viewed from public roadway corridors. (3) To insure that new development is designed and located to complement the natural landscape and the natural features within the public viewplane in order to achieve an aesthetically pleasing, rural atmosphere. (4) To reduce visual damage to the natural landforms and views throughout the County. (b) Applicability (1) All areas shown on the County's Scenic View Protection Area maps, which are maintained in the Community Development Department, shall comply with the standards of subsection (d) below. The Scenic View Protection Area map includes scenic foreground areas, public viewplanes, and ridgelines. The mapped areas are identifies as viewed from the following rights -of -way: (a) State Highway 82; Response: The proposed residence is within the State Highway 82 Scenic View Protection Area. The prior application established that visual impacts from the proposed residence are quite minimal. This condition is unchanged in the current application. (2) All development in the Rural Area shall be sited in consideration of the rural character guidelines of subsection (e) below. Response: The proposed residence is not located within the Pitkin County defined Rural Area. Therefore, the provisions of Subsection (e) do not apply. (c) Exemptions These standards shall not apply to: (1) Activity or development that is covered by a valid building permit. (2) All interior remodels that do not change any outside visual aspect of the structure. (3) Lots within platted subdivisions approved by the County, which have designated Activity Building or Development Envelopes, unless the terms of the approval require ridgeline or scenic review prior to construction. (4) Any proposed development for which the Community Development Director determines that: (a) The proposed development is not visible from those rights -of -way in subsection (b) above. Response: The Smith Parcel is located as a lot within a platted subdivision approved by the County and has a designated Building Envelope that has not lapsed. Nonetheless, a prior review established that the proposed development will have quite minimal visual impact on the State Highway 82 corridor. The present proposal represents a reduction in Independence Pass LLC 29 June 2010 v rY Parcel ID #2737 - 173 -11 -012 Page 1 11 overall massing from the prior approval and will have even less discernability from the highway. This application includes voluntary responses to these provisions. For purposes of this section, visible means that a structure or use is discernible to the naked eye from the designated roadway. (d) Standards for Development within Scenic View Protection Areas All non - exempt development located within a mapped Scenic View Protection Area shall comply with the following standards. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right -of -ways listed in subsection (b) above. Response: The proposed residence uses a natural berm as well as landscaping, both retained and added, to screen the structure from State Highway 82. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. Response: The proposed residence is located at a maximum practicable distance from any viewpoint along State Highway 82. It is located at the site of a prior residence and does not exceed that prior residence in visual impact, which is quite minimal. (3) The proposed development's height and bulk shall be designed to avoid, the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. Response: While horizontally oriented in a plane from east to west, the building fogade is variegated through the use of different materials. The shape of the proposed residence is similar to that to the former one and is generally dictated by the topography of the site. (4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel. Response: The proposed structure does not project above a ridgeline nor does it silhouette against the sky when viewed from State Highway 82. Independence Pass LLC 29 June 2010 t� $ Parcel ID #2737-173-11-012 Page 1 12 (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth- sheltered design, the use of natural materials and coloring, the use of low- reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: The proposed residence complements the natural topography and nestles into an existing natural rise on the property. This has the effect of making the design an organic extension of the natural landforms and enhances the screening of the residence from State Highway 82. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. Response: There are no irrigated meadows that will be affected by the proposed residence. Natural vegetation, including a specimen spruce tree, will be preserved to the greatest extent possible. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the extent practicable. Response: All utilities are underground. (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights -of -way listed in subsection (b), and shall use earth tone colors and /or screening to minimize their visual impact. Response: Satellite dishes as defined in the Land Use Code are not proposed as part of this development. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. Response: No man -made forms or berms are proposed as part of the screening for this residence. (10) In the Rural Area only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (f) as they may apply to the particular property. Response: This property is not located within the Rural Area. (11) Earth Tone Materials Independence Pass LLC 29 June 2010 Parcel ID #2737-173-11-012 Page 1 13 The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. Response: Earth tone materials will be used in the exterior construction of the residence, as indicated on the South Elevation Rendering incorporated into this application. (12) Roofs All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Response: Generally, flat roofs are employed in the proposed residence which will not be visible. Any pitched roofs will consist of non - reflective materials. (13) Revegeation of Disturbed Areas Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. Response: While there are no berms incorporated in the proposed development, any earth moving or regrading will be promptly revegetated. Topsoil will be stockpiled and reused for finish grading. Irrigation will be provided to all revegetated areas. (14) Driveways Avoid Dividing Meadows and Pastures To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. Response: The proposed residence is served by an existing driveway that will not be relocated. The driveway will not interfere with any existing meadows or natural features, and is not visible from State Highway 82. Section 7 -20 -130: Landscaping and Vegetation Protection Independence Pass LLC 29 June 2010 1 j Parcel ID #2737- 173 -11 -012 Page 1 14 All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines contained in the Pitkin County Asset Management Plan. In case of conflict between the provisions of these two documents and the standards below, the guideline documents shall apply. (a) Purpose These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County. (b) General Provisions (1) Protection of Natural Vegetation In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). Restrictions on removal of natural vegetation, and requirements for revegetation, are set for in other portions of this Chapter 7. Response: New landscaping as described on the proposed landscape plan will preserve existing vegetation to the greatest extent possible. If will utilize native species found on the site or in the area. Preservation of a specimen spruce free will occur as indicated on the landscape plan. (2) Conformance with Wildfire Regulations In the event the provisions of this Sec. 7 -20 -130 conflict with any provisions of Sec.7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7 -20 -60 shall govern. Response: All landscaping on the site will be installed and maintained in conformance with Pitkin County Wildfire Regulations and the recommendations of a wildfire consultant. (3) Berms Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater that four -to -one (4:1), nor a height greater than four (4) feet above grade. Response: Berms are not incorporated into the site for purposes of screening. (4) Landscape Enclosures Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory Independence Pass LLC 29 June 2010 o €o o a t Parcel ID #2737 - 173 -11 -012 Page 1 15 buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. Response: The Landscape Plan does not propose any privatization of a public viewplane or windbreaks. (5) Visibility Clearance All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. Response: No public road intersection is affected by the proposed development. (6) Utility Easement Whenever the provision of this Sec. 7 -20 -130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. Response: While certain utility easements are located to the north of the residence, there are not affected by any proposed landscaping. (7) Financial Security The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and /or successful establishment of plants. Response: There is no significant landscaping for a public purpose incorporated into this application that might require a financial guarantee. (8) Maintenance All plants shall be maintained continually in healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, liter, junk, rubbish and other nuisances and obstructions. Response: All landscaping as shown on the Landscape Plan shall be well- maintained and irrigated as required. Any unhealthy or dead plantings will be promptly replaced. All visible landscaped areas will be maintained free of weeds, filter, rubbish, or any other nuisances or obstructions. (d) Required Landscaping in Urban Areas (1) Where Required Independence Pass LLC 29 June 2010 9 Parcel ID #2737 - 173 -11 -012 Page 1 16 Landscaping is required for the following purposes for new development on the property: (i) to screen satellite dishes and other telecommunications equipment when located within two hundred (200) feet of adjacent public roads and visible from such roads, (ii) to screen non - residential parking areas and service areas when viewed from adjacent public roads, (iii) to create a landscaped street edge in the B -2 zone district, (iv) to break up the perceived mass of larger buildings in the B -2 zone district through the use of foundation plantings. Response: No satellite dishes or telecommunications facilities are proposed for the property. The property is not located in a B -2 zone district. Section 7 -20 -140: Lighting (a) Applicability The standards in this Sec. 7 -20 -140 are applicable to all lighting in Pitkin County. No lighting shall be installed or continued that violates the standards of this section. (b) Bulb Visibility All exterior lighting shall be designed so that the bulb (point light source) is not directly visible from adjacent and neighboring properties or public rights -of -way. This can be accomplished using fixtures that "fully shield" the bulb behind opaque shielding (i.e., the light distribution is primarily down and/or up directed) or which utilize non - transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in the case of fixtures with some sort of translucent len(es) around the bulb compartment. In the case of opaque shielding, wattage shall be limited to sixty (60) incandescent watts per fixture or twenty -five (5) compact fluorescent watts. Response: All exterior lighting will conform to this subsection of the Land Use Code. (c) Light Trespass Light trespass is defined as the shining of light produced by a light fixture beyond the horizontal boundaries of the property on which it is located and vertically above the property. For all types of uses, light level shall be no greater than one -half (1/2) of a foot - candle at the property line. Response: All exterior lighting will conform to this subsection of the Land Use Code. (d) Maximum Heights and Intensities Maximum heights and intensities of lighting shall conform to Table 7 -2. Response: All exterior lighting will conform to this subsection of the Land Use Code. (e) Uplighting Uplighting is only permitted when used as follows: Independence Pass LLC 29 June 2010 000UGu „ Parcel ID #2737 - 173 -11 -012 Page 1 17 (1) To light a primary entrance, when the lighting fixture is wall - mounted under an architectural element (e.g. roofs over walkways /entries or overhanging, non- translucent eaves) and that this element contains the illumination, and (2) To light flags, when no more than two fixtures per flag are used, with a maximum of one hundred fifty (150) watts each. The fixture must be shielded such that the point source is not visible outside a fifteen foot (15') radius. Response: All exterior lighting will conform to this subsection of the Land Use Code. Some up- lighting may be employed at the primary entrance. (f) Highlighting Illumination of building facades, driveways, and landscaping shall be prohibited. Lighting intended to illuminate the Roaring Fork, Frying Pan and Crystal Rivers or their tributaries shall be prohibited. Response: All exterior lighting will conform to this subsection of the Land Use Code. No highlighting is proposed for the residence. (g) Floodlighting Floodlighting is only permitted when it is down- directed and controlled by a motion sensor that is triggered by activity within the owner's property lines, and when fully - shielded such that the light source is not visible from adjacent and/or neighboring properties. Ground mounted floodlighting of a structure is prohibited. Response: All exterior lighting will conform to this subsection of the Land Use Code. (h) Safety and Security Lighting The use of motion sensors, photocells, or photocell /timers to control duration of nighttime illumination is required for safety and security lighting. In all cases, light intensity shall be limited to between one and two (2) foot - candles. (1) Motion Sensors are the preferred method for controlling nighttime illumination. These are only permitted where the sensor is triggered by activity within the owner's property lines. (2) Photocells are only permitted under the following conditions: (a) At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi - family properties; (b) Where the light sources are fully shielded by opaque material (i.e., the fixture illuminated the area but not itself visibly bright); (c) For residential properties, the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption; and (3) Timer/Photocell Combinations are a preferred method when used for nighttime control at primary points of entrance (e.g. front entries) and may be used with fully shielded lighting fixtures with non - transparent diffusion material. Response: All exterior lighting will conform to this subsection of the Land Use Code. Motion sensors will be used for any driveway lighting on the owner's property. Independence Pass LLC t r� 29 June 2010 c sJ , tr Parcel ID #2737 -173 -11 -012 (i) Properties' Adjacent to Public Rights of Way In addition to being in compliance with the above sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. Specifically, the following is prohibited: (1) Any light not designated for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle. (2) Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or County government. Response: All exterior lighting will conform to this subsection of the Land Use Code. 0) Mercury Vapor and Low Pressure Sodium Sources These light sources are prohibited. Response: All exterior lighting will conform to this subsection of the Land Use Code. These light sources will not be used under any circumstances. (p) Lighting Plan Where property is located within a Scenic View Protection Area, the Community Development Department may require submittal and approval of a lighting plan either as part of the Site Plan or as a requirement of building permit submittal. Response: A Lighting Plan will be submitted for approval at the time of Building Permit submittal. Section 7 -30: Roads, Driveways, and Parking (a) Applicability The road standards in this section are applicable to all roads and driveways. All new road and driveway construction must receive a development permit from the County Engineer and Community Development Director in compliance with subsection (c) below. Response: The proposed residence will utilize an existing driveway that takes its access from a private road within the Preserve Subdivision. (b) Consistence with County Plans All roads and rights -of -way shall consider adopted County plans and needs for the extension of roads. Response: No new roads or rights -of -way are proposed as part of this application. (c) Design and'Construction Standards Within the Aspen Urban Growth Boundary, roads and driveways shall be designed and constructed in compliance with those standards and specifications applicable within the City of Aspen. Independence Pass LLC C1 29 June 2010 U S J 0? n G Parcel ID #2737 - 173 -11 -012 Page 1 19 Response: The property is within the Aspen Urban Growth Boundary. However, the driveway is existing and compliant with these requirements. (e) Completion of Road Improvements Required County highway, road, street and private street improvements must be completed within the time limits set forth in the development approval. Response: No roadway improvements are required as part of this application. Section 7 -50: Public Services and Utilities All development shall comply with the provisions of this Sec. 7 -50 regarding the design and installation and/or extension of public services and utilities. Extensions of public utilities shall take place within a defined Activity Envelope which may include separate designated areas for such extension different from those portions of the Activity Envelope designated for primary structures, accessory structures, or driveways. Disturbed areas shall be required to be revegetated pursuant to Sec 7 -20 -10 (d) to the maximum extent permitted by Colorado law. Response: Utility installation for a sanitary sewer connection to the Aspen Consolidated Sanitation District has already taken place under the prior approval. All other utilities are in place and do not require any further extension or relocation. Utilities serving the residence are generally located within the approved driveway envelope. No areas are anticipated to be disturbed for utility installation. Independence Pass LLC 29 June 2010 0 e� 0 9 Parcel ID #2737-173-11-012 Page 1 20 273717309002/ T BUNDY RROPERTIES L ` 273717308003 t Split 273717308010 Uf)DY PROPERTIES LLC p MERRITT LEROY M Il�ater Ranch Parcels r 3717311005 DAVID M &LILYT i 273717311817 ASPEN PRESERVE HOMEOWNERS ASSOC 'THSTA'j8j„I t_ 11004 p L& 17311006 )EE ES LEE III & LAURIE V -- ! \\ 273717311003 GATES ROBERI'A,IySURVIVORI TRUST 1711002 / 27371731 0 LIE ` -1-C '73717311011, SON SHELDON R &.SALLIE'M� JMAR PROPERTIES LLC 273717311008 BERNARD THOMAS E & SALLIE M r / i 273717311815 N SERVE HOMEOWNERS ASSOC 0 100 200 W % E Feet S This map(drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2005 AspentPitkin GIS 273717307038 WTEN THOMAS TRUST � I 273717311813 ASPEN PRESERVE HOMEOWNERS ASSOC RRIETT F. 273717311012 / INDEPENDENCE PASS LLC 273720200656 PITKIN COUNTY 273717300010 82 ELKS LP r 1 1 1 1 � 1 I V 1 27371P00011 ANDI RANCH LLC 9 1 1 1 1 D n 3 M Z r ATTACHMENT 21 Survey Map 1, Th e Preserve No. I £ ONE SIGN av D4 CAS VALVE YY CURB STOP POWER POLE UNE # Uaw POLE w pQ WMER VAL V£ V FIRE HYDRANT UN£ O TEi£PHONE RISER LINE O CABLE RISER ® SEWER MANHOLE w STORM DRAIN INLET ELECTRIC TRANSFORMER 01017ZED CONTOUR LINE DA=ZED CONTOUR LINE 10' INTERVAL 900025 ATTACHMENT 3 01( EF 01 EM cuc BASEMENT FLOOR AREA CALCULATION FAez, SCALE: /ie" l' -0" SECOND FLOOR AREA CALCULATION vnav SCALE I /6 ' 1 0" Independence Pass LLC Bohlin Cywinski Jackson 74 AkGRI DEM ARIGNMaeae Pleming InbNbr N"n AsIGM W 61611 Seslee /Wilkes Bens /Fitlepurgh /Phladelphia /Berlmley 1932 Fret Avenue. SLile 916 Vtl 26&2660862 See DIASA9e161-IM Fu: 2662580864 00O0?u r L j l�f ].an so. n. 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SITE PLAN REVIEW PERMIT* LANDSCAPE SITE PLAN —FT NUAMPH 1-1.2 D_ ATTACHMENT 4 RECEPTION#: 546344, 02/06/2008 at 09:44:11 AM, 1 OF 2, R $0.00 Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE INDEPENDENCE PASS LLC SECOND MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No..- -2008 RECITALS I. Independence Pass, LLC ( "Applicant'), has applied to the Community Development Director of Phkin County, ("Director"), pursuant to Section 2- 20- 150(b) of the Pitkin County Land Use Code ("Code'), to make minor modifications to the building footprint, to rotate the building by approximately three degrees, to modify the envelope to accommodate roof overhangs, and to replace the pond with a swimming pool, which modifies the grading. 2. The property is located at 0074 Northstar Drive and is described as two parcels of land designated as the "Smith Parcel' and the "Smith Open Space" on the Preserve Subdivision Plat, 3. The property is zoned AFR -2 and contains 3.48 acres of which 1.17 acres are designated open space. 4. The parcel was created when the Preserve Subdivision was created, but is not part of the subdivision. A building envelope was not approved at that time as there was an existing residence and no redevelopment was proposed. Pursuant to Resolution No. 98 -213, the BOCC granted 1041 hazard review, scenic overlay review and caretaker dwelling unit approval, and denied the use of TDRs for additional floor area. The vested rights for the approval expired in November of 2001. The BOCC denied a request to extend the vested rights, pursuant to Resolution No. 178 -2001. The parcel subsequently received 1041 hazard and scenic review approval in 2005 pursuant to Hearing Officer Determination No. 27 -2005. The Community Development Director approved a minor amendment to modify the building envelope and change the design of the residence, pursuant to Administrative Decision No. 07 -2007. The first amended site plan was recorded in Plat Book 84 at Page 17. 5. The Director finds that the proposed amendments comply with the applicable provisions of the Land Use Code, and will not change the use of the proposed development or the basic character of the land, are consistent with action taken during the original review, do not change the basic visual appearance of the residence as seen from Highway 82, do not increase off -site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. The Applicant shall comply with the provisions of Hearing Officer Determination No. 27 -2005 and Administrative Decision No. 07 -2007, unless otherwise replaced or amended by the conditions of this approval. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an amended Site Plan. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. Condition No. 5 of Administrative Decision No. 07 -2007 shall be amended to read: "...including substantial compliance with the plans dated 12/10/07..." 00003 U- RECEPTION #: 546344, 02/06/2008 at 09:44:11 AM, 2 OF 2, Janice K. Vas Caudill, Pitkin County, CO Administrative Decision No. V_-2008 Page 2 6. Condition No. 6 of Administrative Decision No. 07.2007 shall be amended to read: "fhe materials shall comply substantially with the materials study dated 12110 107." APPROVED by the Director, this 3 day of �� , 2008. Cindy Houben, Community Development Director PID# 273717311012 P178-07 0 1 1 0U l i 534235 ���IC� E K �► V ��►� C A��� LL PI TK COUNTY CO R ► �0.0.0 02 %07/02-f 0 1:15 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PTTKIN COUNTY, COLORADO, APPROVING THE INDEPENDENCE PASS LLC MINOR AMENDMENT TO A DEVELOPMENT PERMIT Decision NoQ -2007 RECITALS 1. independence Pass, LLC ("Applicant"), has applied to the Community Development Director of Pitkin County, ("Director "), pursuant to Section 2- 20- 150(b) of the Pitkin {s County Land Use Code ("Code"), to make some minor modifications to the building U envelope and to change the basic design of the residence. d Na ri hs 4ar- 2. The property is located at 0074 Freserve Drive and is described as two parcels of land . v designated as the "Smith Parcel" and the "Smith Open Space" on the Preserve Subdivision p Plat. 3. The property is zoned AFR 2 and contains 3.48 acres of which 1.17 acres are designated p open space. �QQ 4. The parcel was created when the Preserve Subdivision was created, but is not part of the. C1 subdivision. A building envelope was not approved at that time as there was an existing o� residence and no redevelopment was proposed. Pursuant to Resolution No. 98 -213, the BOCC granted 1041 hazard review, scenic overlay review and caretaker dwelling unit L approval, and denied the use of TDRs for additional floor area. The vested rights for the approval expired in November of 2001. The BOCC denied a request to extend the vested rights, pursuant to Resolution No. 178 -2001. The parcel subsequently received 1041 hazard and scenic review approval in 2005 pursuant to Hearing Officer Determination No. 27 -2005. 5. The Applicant submitted a complete application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code. 6. The Director finds that the request is consistent with Section 2- 20- 150(6) of the Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. The Applicant shall comply with the provisions of Hearing Officer Determination No. 27- 2005 unless otherwise replaced or amended by the conditions of this approval. Priorto submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an amended Site Plan. The amended site plan shall establish the amended building envelope and maintain a landscaping envelope for planting. The above referenced approvals shall be a condition precedent to finalization and recordation. � . ` I IIIIII IIII IIIIII IIIII III I III IIIIII III IIIII (III IIIi O Pa ge: //01//200077003:24F 1111111 IN11111111111111111IIIVIII11111111e02107 2 of 2 ®0 01:15 4. Prior to submission of a building permit, the Applicant shall provide a final grading and landscaping plan to be approved by Community Development. The landscape plan shall be similar to what was included in the application materials, however, there shall be an increase in 12' to 18' conifers located to the south of the residence. 5. Condition No. 1 of Hearing Officer Determination No. 27 -2005 shall be amended to read: "... including substantial compliance with the plans dated W16105 11/10106..." 6. Condition No. 13 of Hearing Officer Determination No. 27 -2005 shall be amended to read: '"fhe materials shall comply substantially with the materials study dated 9A6/05 11110/06." 7. The residence shall be equipped with automatic timers to turn off the interior lights at night for when the residence is unoccupied. 8. Prior to submission of a building permit, the Applicant shall provide a final grading and landscaping plan for the new grading and landscaping envelope to be approved by Community Development. APPROVED by the Director, this �b, day of 2007. Cindy Houben, Community Development Director PID# 273717311012 P258 -06 IIIIIIIIIIIIIIIIII ` VIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 03/01/2 077 03:24F e 0 0.00 G 0J61 11 � VIII VIII VIII IIIIII IIII VIII IIIIII III VIII III) illl P /03//200055001:38P 0 DETE MENrATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OFPITION COUNTY, COLORADO, APPROVING THE INDEPENDENCE PASS LLC 1041 HAZARD REVIEW, SCENIC OVERLAY REVIEW AND SPECIAL REIN \'V /GMQS EXEMPTION FOR A CARETAKER DWELLING UNTO Determination Noa -2005 RECITALS 1. Independence Pass LLC ( "Applicant ") has applied to the Pitkin County Hearing Officer ( "Hearing Officer ") for 1041 hazard review and scenic overlay review approval of a building envelope to replace the existing single family residence and special review approval and GMQS exemption for a caretaker dwelling unit. 2. The parcel is located at 74 Northstar Drive, and is described as two parcels of land designated as the "Smith Parcel" and the "Smith Open Space" on the Preserve Subdivision Plat. 3. The parcel is zoned AFR -2 and contains approximately 3.48 acres, of which LI7 acres is designated open space. 4. The parcel was created when the Preserve Subdivision was created, but is not part of the subdivision. A building envelope was not approved at that time as there was an existing residence and no redevelopment was proposed. Pursuant to Resolution No. 98 -213, the BOCC granted 1041 hazard review, scenic overlay review and caretaker dwelling unit approval, and denied the use of TDRs for additional floor area. The vested rights for the approval expired in November of 2001. The BOCC denied a request to extend the vested rights, pursuant to Resolution No. 178 -2001. 5. - The Hearing Officer considered this application at a duly noticed public hearing on August 25, 2005, at which time evidence and testimony was presented with respect to the application. - 6. The Hearing Officer finds that the proposed building envelope avoids the 100 year floodplain, wetland and riparian areas, and is primarily located on slopes of less than 15 %; that the wildfire hazard is rated as low to medium and can be mitigated; and that impacts on wildlife habitat can be mitigated.. 7. The Hearing Officer further finds that the caretaker dwelling unit complies with the special review and GMQS exemption criteria of the Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Independence Pass LLC 1041 Hazard Review, Scenic Overlay Review and caretaker dwelling unit, subject to the following conditions, which shall `run with the land end be binding on all successors in interest: I . The Applicant shall adhere to all material representations made hl the application or in public meetings or hearings, including substantial compliance with the plans dated 9/16/05, and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. This approval and the conditions herein shall repeal and replace BOCC Resolution No. 98 -213 and its conditions of approval. 00fl01t! P C l 2 riwtAto. coos 1IT1111 0;0 / ` P05 e1:38P 3. Prior to submission of any eatthmoving, access, or building permit applications, the Applicant shall submita 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The mylar copy ofthe site plan must be signed by the owner prior to submittal for recording. The site plan shall be amended as follows: A. Amend the building envelope to exclude slopes in excess of 30% and to eliminate the portion of the "mound" to the east of the residence that is above the 8070 contour line. B. Designate a landscape envelope in the area on the Smith Parcel that is outside of the building envelope, and include a note that that intent of the landscape envelope is to permit additional landscaping, subject to review and approval of a landscape plan by the Community Development Department. 4. Prior to issuance of any building permits for the replacement residence and caretaker dwelling unit, the Applicant shall: A. Complete a fireplace /woodstove registration form with the Comm il;iity Development Department, if necessary. B. Obtain a County access /driveway permit to improve the driveway, if applicable. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D. Submit a construction management plan. for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. No parking or other construction related activity may occur within the right -of- way. E. Pay the applicable road and employee housing impactfees. F. Provide documentation to the Environmental Health Department that the City of Aspen Water Department will serve the proposed development. G. Provide documentation thatthe Aspen Consolidated Sanitaf ion District is capable of serving the development. If the existing septic tanks are abandoned, they must be pumped and either removed or filled with dirt. If the area of the absorption field is to be disturbed, the soil must be removed and taken to the landfill for proper disposal. The Applicant shalt deconunission the leachfields to the satisfaction of the Environmental Health Department, prior to issuance of a Certificate of Occupancy for the residence. H. Obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. J. Submit a landscape plan for review and approval by the Community Development Department. The plan shall include vegetative screening of the south fagade of the residence as seen from Highway 82. Existing trees to the south of the residence shall remain, unless demonstrated to be diseased or if the Applicant demonstrates to the satisfaction of staff prior to removal of the trees that equivalent screening of the residence can be accomplished with replacement trees. 5. Prior to commencement of any earthnnoving or construction activity, the Applicant shall stake the comers of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 6. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may conduct an inspection of the unit for compliance. Resolution Noj � -2005 10 ;0 50 © 01:38P Page 3 SILVIR DAVIS PiTKIN COUNTY CO R 0.00 0 0.00 7. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. All vegetation shall be removed within 10 feet of proposed structures. This area shall be maintained in mowed grass or non - flammable material. Woody vegetation such as trees - and shrubs are prohibited in this area. B. Within 30' of all structures, existing trees shall be thinned to maintain a minimum of 10' between tree crowns, except for aspen or cottonwood trees where ladder fuels have been removed. C. All branches from trees and brush within 30' of all structures (or to property boundaries) shall be pruned to a height of 10' above the ground with removal of ladder fuels from around trees and brush. D. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. E. These standards may be varied by staff in consultation with a wildfire expert when a landscape plan is submitted for review. 8. The Applicant shall comply with tire following additional 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. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible 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 ofelearingroof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. A. Vents shall be screened with corrosive resistant wire mesh with mesh 1 /4 inch maximum. B. Roofs and gutters shall be kept clear of debris. C. Yards shall be, kept clear of all litter, slash, and flammable debris. D. All flammable materials and firewood /wood piles shall be stored on a parallel contour a .minimum of 15 feet away from any structure. E. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. 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 all approved container. J. Propane tanks shall be installed according to NFP A 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. ' 0000414-;., Resolution NU� -2095 11111111111111111111111 fill IIIII81111111(1111 IIII IN 0/035005 01:38F Page 4 SILVIR DAVIS PITKIN COUNTY CO R 0.00 0 0.00 L. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on it non- combustible post. M. New utility lines shall be buried within the driveway. 9. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be prohibited. B. Install and use approved bear -proof trash containers, and otherwise comply with the County's wildlife protection regulations. C. The existing barbed wire fence along the southwest portion of the propeity shall be removed. Fencing shall comply with the wildlife compatible fencing standards in the Land Use Code. D. Native vegetation shall not be disturbed outside the building envelope,except as required for wildfire mitigation and as approved as part of a landscape plan. E. The existing dirt road that runs along the northeastern portion ofthe property and through the Smith Open Space should be gated to reduce unauthorized and illegal trespassing. Access to the road should only be for maintenance, emergency and management purposes of the Northstar Nature Preserve. Only persons wit-11 permission from the property owner and the Preserve Homeowners Association and the County shall be allowed access. F. Avoid fruit-bearing trees and shrubs in any landscaping. 10. No development, including, grading, excavation, fill placement, berming, landscaping, .vegetation removal or disturbance, entry or ranch gates, shall occur outside of the approved building envelope, except if approved by the County as part of a landscape plan or to implement the wildfire mitigation measures. 11. All areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 12. Exterior lighting shall comply with the regulations of the Land Use Code in effect at the time of installation. Exterior lighting (including driveway lighting) shall beprohibited on the north, east and south facades, except the minimum necessary to comply with health and safety requirements of the building code. A lighting plan shall be submitted to the Community Development Department for review and approval prior to issuance of a building permit. 13. The exterior of the residence shall be finished in natural, earthtone (blend with the colors of the natural surrounding environment) and non- reflective materials. The materials shall comply substantially with the materials study dated 9/16/05. The roof shall be patinaed or rusted prior to installation. 14. The Applicant shall comply with the codes and requirements oftlte Aspen- Fire Protection District. 15. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of atwo burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. Amininwmof one off-street parking space shal I be provided for the unit The square footage ofthe caretaker dwelling unit shall count towards the maximum allowable floor area. The maximum height of the caretaker unit shall not exceed 27.5 feet to the top of the roof ridge. [3dI i3Y�`J of 5 `z�- I I�IIII IIII �II II IIIIII IIII VIII II III III VIII IIII III 1 0 pa 0 3 5 Resolution 00 01:38F Page 5 SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 16. The Applicant shall notify the County Historic Preservation Officer at least 6 months prior to application for a demolition permit for the existing residence, during which time the City or County may pursue opportun ities for relocation of the residence. 17. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits rehired to this property or vested rights associated with this property. 18. 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 Cade, § 4 -140 and C.R.S., § 24 -68 -105. Tire statutory vested rights granted herein shall expire on August 25, 2008. NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 20 day of July, 2005. APPROVED AND ADOPTED on the 25"' day of August, 2005. PUBLISHED AF T'ER ADOPTION FOR VESTED REAL PROPERTY RIGfITS in the Aspen Times Weekly on the `_ day of ' T� 2005. ATTEST: (JZ -1U..P Bonnie Waechher,Admiuistrative ssistant APPROVED AS TO FORM: John Ely,. Count - ow y Case #P118 -05 PID #273717311012 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By James R. True, Hearing Officer Date APPROVED AS TO CONTENT: C /d ovben, C Community Development Director 0000Y'x r — RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING AN EXTENSION OF VESTED RIGHTS TO INDEPENDENCE PASS HOLDING, LLC. Resolution No. LU -2001 RECITALS 1. Independence Pass Holding, I.I.C. ( "Applicant ") has applied to the Board of County Commissioners ( "BOCC ") for an Extension of Vested Property Rights for a period of three years, pursuant to Section 4 -140 of the Land Use Code. 2. The property is addressed as 74 Northstar Drive and is described as those two parcels of land designated as the "Smith Parcel" and the "Smith Open Space" on the subdivision map for the Preserve recorded in Plat Book 18 at Page 8487 in the Office of the Clerk and Recorder of Pitkin County, Colorado. 3. The property is zoned AFR -2 and contains approximately 3.48 acres, of which 1.17 acres is designated open space. 4. The property received Scenic Overlay Review, 1041 Hazard Review and Special Review for a Sixth Bedroom and Caretaker Dwelling Unit, and denying use of TDR to increase the FAR on a property where a floor area has been established by zoning, pursuant to Resolution No. 98 -213. A site plan for the property has been recorded in Book 50 at Page 1. 5. This application was reviewed by the BOCC at a duly noticed public hearing on October 24, 2001, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that extending the vested rights, pursuant to section 4- 140 -030 of the Land Use Code, does not benefit the County. NOW, THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny an extension of vested property rights for Independence Pass Holding, LLC. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 22 OF SEPTEMBER 2001. DENIED ON THE 24 DAY OF OCTOBER 2001. ATTEST: W c1 e? / I 1�s �±V BOARD OF COUNTY COMMiBSIONERS OF PITKIN CO OLO Mic el C. Ireland Chair �! Date: 1 461233 1 111 Nil 11111111111 11 0 �7 20 3:35P D 00 SILVIA DAVI 428733 It 0.00 1888 12,07P TI D SILYI R 1 of 4 0.00 D 0,00 N 0.00 00 PIT KIN COUNTY CO - RESOLUTION OF TB,. BOARD OF COUNTY COMMISSIONERb JF P11TOT1 COUNTY, COLORADO, GRANTING SCENIC OVERLAY REVIEW, 1041 HAZARD REVIEW, SPECIAL REVIEW FOR A SIXTH BEDROOM, AND A CARETAKER DWELLING UNIT AND DENYING USE OF TRANSFERABLE DEVELOPMENT RIGHTS TO INDEPENDENCE PASS HOLDINGS, LLC Resolution No. 98•,/3 1. Independence Pass Holdings, LLC (hereafter "Applicant ") has applied to the Pitkin County Board of County Commissioners (hereafter "Board's for Scenic Overlay Reviow, 1041 Hazard Review, Special Review for a Sixth Bedroom, Transfer of Development Rights (to increase FAR) and a Caretaker Dwelling Unit 2. The property is addressed as 74 Northstar Drive and Is described as two parcels of land designated as the "Smith Parcel" and the "Smith Open Space" on the subdivision map for the Preserve Subdivision. 3. The property is zoned AFR -2 and contains approximately 3.48, of which 1.17 acres is designated open space. 4. This application was reviewed by the Planning and Zoning Commission (hereafter "Commission') at a regular meeting on September 1, 1998, and a unanimous recommendation of approval was forwarded to the Board. 5. The Board heard this application at a duly noticed public hearing on November 4, 1998, at which time evidence and testimony were presented with respect to this application. 6. The Board fmds that this application proposes development in the best possible location and that the application generally complies with the applicable sections of the Code. 7. The Board finds that the transfer of development rights to increase the floor area ratio on a property where a floor area ratio has been established by zoning does not comply with Section - ISO -160 of the Pitkin County band Use Code, NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant approval to Independence Pass Holdings, LLC for Scenic Overlay Review, 1041 Hazard Review, Special Review for a Sixth Bedroom, Caretaker Dwelling Unit, subject to the following conditions: I. Prior to building permit application, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan which meets the approval of the Community Development Department and County Attorney. The site plan shall also be submitted Ina digital format for integration Into the County Geographic Information System, prior to the issuance of a building permit. The site plan shall include: A. The appropriate signature blocks shall be Included on the face of the site plan. B. 'The legal description of the parcel shall be added. 01 0a0�3 425733 12/22/1898 12,07P RESOLUTI DAMS SILYI 2 of 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY 00 C. The following IbY i Hazard Review Warning and Disclaimer shau be added to the face of the site plan: "The applicant acknowledges that he/she has been informed by pitkin County of the existence of 1041 Environmental Hazard areas that might effect the property, any improvements and the use andoccupancy thetenf." 2. To ensure and preserve the ability of the existing landform to effectively screen the proposed development, disturbance of the mound shall not occur beyond the 8070 contour line as represented on the site plan. The Applicant shall fence the limits of construction. 3. The Applicant shall implement the following measures to mitigato impacts to wildlife: A. Dogs shall be prohibited. B. The existing barbed wire fence along the southwest portion of the subject property should be removed. Fencing shall comply with the amended Pitkin County fencing standards. C. All garbage shall be kept within bear-proof garbage containers. D. Native vegetation shall not he disturbed outside the building envelope, except as required for the implementation wildfire mitigation measures. B. The existing dirt road that runs along the northeastern portion ofthe property and through the Smith Open Space should be gated to reduce unauthorized and illegal trespassing. Access to the road should only be for maintenance, emergency and management purposes of the Northstar Preserve. only persons with permission from the property owner . and the Preserve Homeowners Association and the County shall be allowed access. 4. ' No development, including grading, landscaping, vegetation removal or disturbance, shall occur outside of the approved building envelope, except for utility and driveway extension and maintenance, except as part of the approved landscaping plan, and as may be necessary to implement the wildfire mitigation measures required elsewhere In this document Existing and proposed landscaping shall be as represented on the recorded site plan. 5. _All areas disturbed by construction shall be revegetated within one growing season of project completion. 6. Wildfire mitigation shall be as follows: A. All vegetation shall be removed within 10 feet of proposed structures. This "defensible space" area shall be maintained in mowed grass or non - flammable material. Woody vegetation such as trees and shrubs are prohibited in this area. B. For a distance of 30 feet in every direction, existing trees shall be thinned or removed to create at least a 10 feet spacing between the edge of the tree crowns. The tree landscaping on the knoll east of the existing house is fairly dense. Thinning would allow these existing trees to thrive, instead of compete with each other for available nutrients and sunlight. C. Roof construction shall be Class A roof assembly. IJ000 7 426733 0.00 1999 12:07P TI DRVIS SILVi R 3 of 4 R 0.00 D 0.00 N 0,00 00 PIT KIN COUr+7Y CO D. All vents shall be screened with corrosive resistant wire mesh of one rimitcr inch maximum. B. Maintenance of the "defensible space" shall be required in order to retain it's value" wildfire mitigation. The applicant shall comply with the following standards for development which encroaches on slopes that are greater that IM A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Confine, cut, fills, grading and excavation to the minimum area needed for construction. S. A fireplaeetwoodstove application must be filed and approved by the Environmental Health Department prior to the issuance of a building permit. 9. There shall be no exterior lighting on the east, north and south elevations of the house, except where, necessary to comply with health and safety requirements of the Unifonn Building Code. Them shall be no facade or landscape lighting. A lighting plan shall be submitted to the Community Development Department review and approval prior to the issuance of a building permit. Driveway lighting shall be prohibited. 10. The Applicant shall use exterior materials that "blend in" with the surrounding natural landscape. Non - reflective roof materials shall be utilized. 11. The Applicant shall comply with the following requirements for the caretaker dwelling unit: A. The caretaker dwelling unit ahall be limited to 700 net livable square feet. B. The kitchen unit shall contain at least a two-bumer stove with oven, a standard sink, and no less than a 6 cubic foot refrigerator plus freezer. C. Prior to issuance of a building permit, the applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. D. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy. 12. Prior to the issuance of a building permit, the Applicant shall provide the Environmental Health Department documentation that the City of Aspen Water Department will service the proposed development. 13. Prior to the issuance of a building permit, the Applicant shall provide documentation that the ACSD is capable of servicing the development. If the existing septic tanks are abandoned, prior to building permit, the tanks must be pumped and either removed or filled with dirt. The BHD V tT V V Lp 1 111111191111111111111 Ilieiilli 1111111111121 ul eiln 11181 ism 426734 R 0.06 0.010 12,0 RESOLUTI D AVIS CO should be notified of the decommissioning of the leaehfields before the Certificate of Occupancy is signed. 14. Prior to building permit, the Applicant shall submits Fugitive Dust Plan to the Environmental Health Department. The plan shall include measures to ensure that dust does not become a nuisance and blow onto adjacent properties. 15. For any free market residential structure of 5,000 gross square feet or greater, the appl icant shall comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the applicant to provide construction trip and residential trip generation studies. The applicant shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 16. The Applicant shall notify the County Historic Preservation Officer 6 months prlor to the acquisition of a demolition permit, during which time the City or the County will have the opportunity to relocated the house. 17. Prior to the issuance of any building permits, the Applicants shalt received approval from the County Engineer with regard to the relocation of the primary driveway. 18. All material representations made by the applicants in the application or in public meeting shall be adhered to and considered conditions of approval, unless amended by other conditions. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 3RD DAY OF OCTOBER, 1998. APPROVED AND ADOPTED ON THE 4TH DAY OF NOVEMBER,1998. /Ver7�e ot= vrare D ,vz; - m7, - P ustisyeD 1A) 7We 1VAW T,+*W &V,✓&P1*0rXV� 4. J996t ATTEST: _ L yN�'e DEtirt) Dapdty Clerk and Recorder BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Dorothea Farris Chair Date: /.0 APPROVED AS TO FORM: County Attorney Case #P81 -98 PID #2737 - 173 -11 -012 APPROVED AS TO CONTENT: //- F. fe Cindy Houben, Community Development Director �U RESOLUTION OF THE PLANNING AND ZONING CONY IISSIONER OF PITICIN COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL FOR MORE THAN FIVE BEDROOMS TO INDEPENDENCE PASS HOLDINGS, LLC Resolution No. 9S-i� RFCITAI R 1. Indepaudence Pass Holdings, LLC, hereafter "Applioant ", has applied to the Planning and Zoning Commission of Pitkin County, Colorado, hereafter "Commission"; for special review approval for more than five bedrooms within a singlo-family residence, pursuant to Sections 3- 200:20 and 3 -210 of the Pitkin County Land Use Code (hereafter "Code'). 2. The parcel is zoned AFR -2 and contains approximately 3.48 acres. 3. Said parcel is located at 74 Northstar Drive, and is described as the "Smith Parcel" in the Preserve Subdivision. 4. The Applicant proposes to add to and convert the existing residence to include a sixth bedroom to accommodate eight fsmily members. S. The Commission heard this application at a regularly scheduled meeting on February 17, 1998, at which time evidence and testimony were presented with respect to the application. 6. The Commission finds that the application generally complies with the applicable sections of the Code NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby grant Special Review approval for more than five bedrooms in the Independence Pass Holding, LL.0 (Brener) residence, subject to the following conditions: 1. The Applicant is not required to submit annual reports attesting to conformance with the conditions of this approval, nor is this special review use permit subject to any time limitations, as long as the specific use described herein is maintained. 2. The Applicant shall adhere to all material representations made in public hearings and in the application. 11111111111111 HIM 11111111111111 Ill 1111111 III 11111 HE 1111 414098 03/17/1999 04 t20P RESOLUTI DAVIS SILVI 1 of 2 R 0.00 D. 0.00 N 0.00 PITKIN COUNTY CO 00005) Resolution No. 98- Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TEVIES ON THE 17TH DAY OF JANUARY, 1998. . APPROVED AND ADOPTED ON THE 17TH OF FEBRUARY, 1998- ATTEST: Sharon Hirman,� Administrative Assistant APPROVED AS TO FORM: John Ely, _ Cprity Attomey Casa #P138 -97 PID 102735- 173 -11 -012 111111111111 HIM 11111111111 Ill 1111111 ill 1111111111111 414598 03/17/1098 04e20P RESOWTI DAVIS SILVI 2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY 00 PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO David Guthrie, ' Chair �f Q Date APPROVED AS TO CONTENT: a•a5_2S' Cindy Houben, Community Development Director I 1)0051 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING AN EXTENSION OF VESTED RIGHTS TO INDEPENDENCE PASS HOLDING, LLC. Resolution No. LU- -2001 RECITALS 1. Independence Pass Holding, LLC. ( "Applicant') has applied to the Board of County Commissioners MOW) for an Extension of Vested Property Rights for it period of three years, pursuant to Section 4 -140 of the Land Use Code. 2. The property is addressed as 74 Northstar Drive and is described as those two parcels of land designated as the "Smith Parcel' and the "Smith Open Space" on the subdivision map for the Preserve recorded in Plat Book 18 at Page 84-87 in the Office of the Clerk and Recorder of Pitkin County, Colorado. 3. The property is zoned AFR -2 and contains approximately 3.48 acres, of which 1.17-acres is designated open space. 4. The property received Scenic Overlay Review, 1041 Hazard Review and Special Review for a Sixth Bedroom and Caretaker Dwelling Unit, and denying use of TDR to increase the FAR on a property where a floor area has been established by zoning, pursuant to Resolution No. 98 -213. A site plan for the property has been recorded in Book 50 at Page 1. 5. This application was reviewed by the BOCC at a duly noticed public hearing on October 24, 2001, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that extending the vested rights, pursuant to section 4 -140 -030 of the Land Use Code, does not benefit the County. NO1V, THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny an extension of vested property rights for Independence Pass Holding, LLC. NOTICE OF PUBLIC BEARING PUBLISHED IN THE ASPEN TIMES ON THE 22 " DAY OF SEPTEMBER 2001. DENIED ON THE 24" DAY OF OCTOBER 2001 5 s - BOARD OF COUNTY COMMISSIONERS OF PTTKIN CO )LO J Michael C. Ireland, Chair Date: PITKIN COUNTY C* R B-0 46123 Pap: 1 or 2 11/27//200008 3:35P Resolution No. 1 -2001 Page 2 APPROVED AS TO FORM Jobn Ely, County Attoruw:� Casa #P139 -01 273717311012 APPROVED , AS / To CONTENT: Cindy Houben, Community Development Director i 1 i f 0 1UQ5v Iu�diuug��I�dU 461233 Paga; 2 of 2 11/27/2001 03:35P 0 0.00 s+Kr�xa".ti 41P - ,;.;bb J RESOLUTION OF THE HOARD OF OOURf'Y ODMI4SSIQF AIS N OF PITEIN COUNTY, COLORADO, GRANTING DETAILED SdBMI$hIO1g&PROVAL . To THE PRESERVE SUBDIVISION Resolution No. 85.- 106' WHEREAS, Arpen- Lauderdale Corp. (hereinafter "plant ") ite•a contract purchaser pursuant to a contract duly executed by Diahe Smith, current owner of a 42.6 acre parcel (more specifically describ- - ed Exhibit "A" attached hereto and incorporated by this reference)1 and WHEREAS, as the applicant has submitted a Detailed submission, 1041 wildlife and floodplain special review and scenic foreground special review applications for review by the Hoard of County COmmia- sioners (hereinafter "Board"); and WHEREAS, a public hearing was held on September 23, 1985 at which tlme'evidence and test imory were presented with respect to said c .. application. NOW, THEREFORE, BE IT RESOLVED by the Hoard that is does hereby grant detailed submission approval, 1041 wildlife and floodplain special review approval and scenic foreground special review approval; for the Preserve Subdivision with the following conditions, 1. Final Plat Not so and Illustration - The applicant shall submit a Final Plat . which includes the following revisionse . a. The Final Plat shall indicate a floodplain line by sufvey description as shown on Sheet 3 of the Detailed Plan Submission drawings. b. The Final Plat shall indicate the following requirements for Lots 7, 8, 9, 10 and 11. Lots 7 and 8 - Runofi from developed areas on Lots 7 and 8 shall be contained within a dry well, plans for which shall be submitted at the time of application for building permit. Lots 9, 10 and 11 - No development shall take place below the 8026 elevation on these lots and an engineer- ed plan for a drainage retention pond to be constructed. on each lot above the 8026 elevation sufficient to handle runoff from .developed areas on the lots for a five -year storm" shall be submitted at the time 'of . application for building permit. C. A plat note shall indicate that Lots 1, 2, 4, 8 and 9 are 'limited to maximum building heights of eighteen (18) feet, as reflected by the viewplane reference points requirements approved by the County Engineering Department. d. A plat note shall state no further development of, this property is allowed. e. The plat shall bear a note to advise prospective lot purchasers of the landscaping requirements and shall HUG 05t `iaj I bm : J , Ji) Resolution Pic. 85 -_ 105 utmx Page 2 raFerence the Subdivision ImproVements Agreement cost "9 acteduIt. . 2. Protective Covenants and Subdivision Improvements Agreement - The applicant shall resubmit the .Protective Covenants and shall submit the subdivisions Improvements Agreement with the Final Plat containing the _following information: a. The language in the Protective Covenants shall be revised to `,. meet the Environmental Health Department recommendation k concerning maintenance and access ability to the sewage disposal components. b. Thm Non- Developable Easements portion of the Restrictive Covenants shall be revised to read: shall not be developed except for common s amenities, park or agricultural uses which do not impact wildlife habitat and resources." C. The Non - Interference with Northstar Nature Preserve portion of the Restrictive Covenants shall be reworded to reads "No owner of a lo` or'their family members, or guests; ' or invitees thereof shall trespass upon the adjacent , Northstar Nature Preserve nor do any act which inter -.. ferea with or creates a nuisance to the wildlife .. located thereon or which otherwise adversely impacts the wildlife habitat, vegetation, water quality or _ quantity, scenic quality, or recreational value of the - Northstar Nature Preserve." d. The Subdivision Improvements Agreement shall include a cost, ' breakdown of the la0dscaping for each tot in thb.SUbdivisioh '. and a security for these improvements, shall be submitted and .� approved by the County Attorney. The bond shall be posted at the time the building permit is taken put for each individual lot. e. The Restrictive Covenants shall indicate that specific size,. • trees /brush are not to be removed. This 'size is to be determined by the County Environmental Coordinator. f. The Protective Covenants and Subdivision Improvements - Agreement sball note an Easement Agreement allowing access to the Northstar Nature Preserve property from The Preserve' property for maintenance reasons. . This shall be revdewed and approved by the County Environmental Coordinator. g. The Subdivision Improvements Agreement shall commit to the' - construction and maintenance of a bus turn- around and shelter (within the gatehouse). An Access Easement shall be committed to for the School District and RFPA. The cost of these improvements shall be outlined and a security of the improvements submitted to and approved by the County Attorney. h: The Subdivision Improvements Agreement shall commit to the Fire Protection components represented in the Detailed Submiss)on. These are fire hydrants no less than three hundred (300) feet from each house and cul- de -sace with a minimum of a fifty (50) foot turning radius. The cost of these improvements shall also be outlined in the Agreement. is The Subdivision Improvements . Agreement shall indicate the eighteen (18) foot height limitation on Gate 1, 2,.4, 8 and 9 and shall also outline the viewplane points one building configurations as related to the building envelope:a. tJUCiU�'J r A Resolution No. 85-_12L VIK U 1 Page 3 j. A metes and bounds description of the trail alternatives shall be included in the Protective Covenants. ' k. The Protective Covenants and Subdivision Improvements - Agreement shall commit to lighting guidelines as outlined by . ' the County Exterior Lighting Guidelines and the Sceni¢ Viewplane criteria. 1. The applicant shall commit tot (1) providing ar, easement for the Subdivision to -the City water line connection near Mtn. Valleys - ' (2) A6 part of the subdivision improvement agreement the obligation to donate up to $50,000 to the Aspen Water Dept. shall be secured. This shall be ppaaid at the time the future loop line from the Preserve is constructed. r (3) construct a water line at their. own expense from Ute • Avenue to connect to the Subdivision for water service. M. The mpplicani shall commit to $180,000 cash -in -lieu for employee housing which shall. be indexed to the requirements . in effect at the time of issuance of the building permit for each unit. 3. Additional Conditions. a. Prior to the issuance of a building permit, the Building Department shall require site specific geotechnical evalua- tions prior to the construction of each foundation to ensure .. that high groundwater problems, if encountered, can be mitigated by measures as outlined in the technical report submitted by Schmueser a Associates, Inc., dated June 1, 1985. This report shall be attached to the resolution o: approval. b. Prior to the issuance of a building permit, the Environmen- tal Health Department shall require a site specifJc soils Investigation to be submitted to determined if groundwater problems exist concerninc• the low pressure sewer collector system. In addition, each residence must apply for and receive approval of an on -site wastewater disposal system from the Environmental Health Department prior to issuance of a building permit. C. The forced main crossings of the sewer system lines shall be shown on the detailed water and sewer drawings prior to final approval of Detailed Submission. These drawings shall be reviewed and approved by the Environmental Health Department prior to final approval. d. The applicant shall commit to a water line for the Sub- division which meets Code standards. e. No fill (except trails, roadway, bridge and drains a purposes) improvements or activities shall be permitted n ' the floodplain. f. The subdivision improvements agreement shall commit to allowing access onto the property for mosquito control and shall commit to joining a mosquito control district if one Is formed in the area. g, The allowed FAR for the development shall be consistent with the AF -2 zone district FAR requirements of the Land Use ' Code as they exist at the present timer . h. The applicant shall submit a final plat which illustrates J. " T Resolution No. 85 Paqe e the trail easements along the north and south aide of the rive and along the western portion of property which connects t0 the Benedict property. The easement parallel the internal roadway on the western portion of the property and shall be physically separated from the roadway at a distance acceptable to the applicant. When placing the trail alignment, consideration shall also be given to the security of the neighborhood. Both easements must be r acceptable to the Board of County Commissioners. 1 i. The gatehouse shall be no higher than 10 shell not exceed 800 square feet and shall not be -used as a residence. J. The landscaping plen submitted at detailed submission shall be recorded with the final plat. APPROVED by the Board at its regular meeting on October 15, 1985. BOARD OF COUNTY COMMONS" OF PITKIIN UOORr7 �COLORADO . By 4 - ' - a Tom Blake, Chairperson' ATTF, d r RRO FOR APPROVALt Deputy County Clerk Alan v Ri - - c ` h - man, Planning and -� ' Development Director APPROVED AS 20 // POAXt Thomas F.. smith, Co.inty Attorney CN.17 . i 7 0 00'_!�n rn � THIS AGREEMENT, made and entered into this L day of 1986, by and between ASPEN PRESERVE LIMITED 'PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as "APL"), and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "County "'). W.ITNESSETH WHEREAS, APL has submitted to the County for approval, execution and recording a final plat of The Preserve. Subdivision (hereinafter, referred to as !!The Preser ") consisting of, eleven (11) residential tots; the ,Smith Parcel,;; a gatehouse, common'open space areas and a non development easement area, on certain real property in Pitkin County, ' Colorado, as more particularly described on the final plat of the The Preserve; and, WHEREAS, the County has fully considered the final plat of The Preserve ( "Final Plat ") and is willing to grant approval of and execute the same upon APL's agreement to the obligations herein, all as rdqutred by the Pitkin County Land Use Code; and, WHEREAS, APL is willing to accept these obligations and to enter into this Agreement with the County to provide for the same; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto stipulate and agree as follows: 1. Central Water Sy stem. APL shall construct a central water system according to the specifications set forth at Exhibit A attached hereto. In addition, the design and construction of the water system shall comply with the applicable standards of the Pitkin County Environmental Health Department and the State of Colorado Water Quality Control Division and shall provide for fire hydrants to be located not less than three- hundred feet from each building enveloped designated on the Final Plat. 2. Ili 82 Im roveme APL shall construct a deceleration lane as described n _ Ex hib t attached hereto. 3. Construction of Private Road and Bridge. APL shall construct the private roads and bridge as locate on the final plat and in accordance with the specifications set forth at Exhibit A attached hereto. 4. Easements Within Private Roads. An easement for the bus turnaround as described on the Final Plat is dedicated pursuant to language thereon. Easements for maintenance of the Northstar Nature Preserve and mosquito control are dedicated in the Protective Covenants for The Preserve. 5. Construction of Bus Shelter, Bus Turnaround and'Gatehuuse. APL shall remodel and/or reconstruct a gate ouse in the location of en existing r xm co f;1 /���q `itJ !.. j n O iJ PAGE BOOR 0.: W �m .A THE PRESERVE SUBDIVISION Q1 �= Cv SUBDIVISIO - 7�0 E ENTS AGREEMOT Winn C= m rn � THIS AGREEMENT, made and entered into this L day of 1986, by and between ASPEN PRESERVE LIMITED 'PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as "APL"), and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "County "'). W.ITNESSETH WHEREAS, APL has submitted to the County for approval, execution and recording a final plat of The Preserve. Subdivision (hereinafter, referred to as !!The Preser ") consisting of, eleven (11) residential tots; the ,Smith Parcel,;; a gatehouse, common'open space areas and a non development easement area, on certain real property in Pitkin County, ' Colorado, as more particularly described on the final plat of the The Preserve; and, WHEREAS, the County has fully considered the final plat of The Preserve ( "Final Plat ") and is willing to grant approval of and execute the same upon APL's agreement to the obligations herein, all as rdqutred by the Pitkin County Land Use Code; and, WHEREAS, APL is willing to accept these obligations and to enter into this Agreement with the County to provide for the same; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto stipulate and agree as follows: 1. Central Water Sy stem. APL shall construct a central water system according to the specifications set forth at Exhibit A attached hereto. In addition, the design and construction of the water system shall comply with the applicable standards of the Pitkin County Environmental Health Department and the State of Colorado Water Quality Control Division and shall provide for fire hydrants to be located not less than three- hundred feet from each building enveloped designated on the Final Plat. 2. Ili 82 Im roveme APL shall construct a deceleration lane as described n _ Ex hib t attached hereto. 3. Construction of Private Road and Bridge. APL shall construct the private roads and bridge as locate on the final plat and in accordance with the specifications set forth at Exhibit A attached hereto. 4. Easements Within Private Roads. An easement for the bus turnaround as described on the Final Plat is dedicated pursuant to language thereon. Easements for maintenance of the Northstar Nature Preserve and mosquito control are dedicated in the Protective Covenants for The Preserve. 5. Construction of Bus Shelter, Bus Turnaround and'Gatehuuse. APL shall remodel and/or reconstruct a gate ouse in the location of en existing sou 516 Pn,'62 building shown on Figure A of the Detailed Submission Mapping. The gatehouse shall not exceed 800 square feet in interior floor area, shall not exceed eighteen (18) feet in height and shall not be used as a residence. The gatehouse shall contain an area to be utilized as a bus shelter. The bus turnaround shall be constructed as. part of the internal private road system and its cost is included therein. The cost of the gatehouse Is estimated at $80,000.00 of which not more than $5000.00 is attributable to construction of facilities for its use as a bus shelter. 6. Electric Service. APL agrees to install or guarantees installation of electric power Mne an transformers as described at Exhibit A attached hereto. 7. Telephone Servi APL agrees to install or guarantee installation of buried distribut on ca5le and feeder facilities including pedestals as described on Exhibit A attached hereto. 8. Cable T.V. Cable T.V. service will be provided as described at Exhibit A att ached hereto. 9. Natural Gas Natural gas service will be provided as described at Exhibit A attached hereto. 10. Sewer System. APL will provide sewer service as described at Exhibit A attar ed hereto. The maintenance and ownership obligations of the system are defined in the Protective Covenants. 11. Fisherma Easement APL has dedicated a fisherman's easement along the Roaring Fork River in the location indicated on the Final Plat as "In- stream River Easement ". 12. Required Land scaping . APL agrees that prior to the issuance of a building permit for any one of Lots 1, 2, 4, 8, and 9, adequate security will be provided to guarantee the installation of landscaping for such lot as described on sheet 2 of the Final Plat which has previously been submitted as the Landscaping Plan, Detailed Submission. The security for the landscaping will be in the form of a bond in the amount of the required landscaping costs, as may be reasonably required and acceptable to the County Attorney. It shall be the obligation of the person or entity seeking such building permit to provide said landscaping and any necessary security therefor. The estimated cost of the landscaping for each lot so affected is as follows: Lot 1 - 19 blue spruce trees, which will be installed on for Lot 1, $46,800.00 Lot 2 - 25 blue spruce trees, Lot 4 - 12 blue spruce trees, Lot 8 - 12 blue spruce trees, Lot 9 - 11 blue spruce trees, plus seven trees associated with Lot 1 Lot 4 by the building permit applicant $45,000.00 $21,G00.00 $21,600.00 $19,800.00 13. View Plain an Height Restrictio APL agree s and 8 shall be suFject to a scenic view plYin restriction placement or encroachment of any structures within t -2- that Lots 1, 2, 4, which prohibits the he designated view V EJ V�� Boors 516 Pa( 4 . 63 plain. The view plain is described on the Final Plat "View Plain Chart ". The Final Plat identifies the reference points described on the view plain chart • and locates them on each of the affected lots. The view plain lies approximately 18 feet above the natural grade at each location on said lots from which the view plain Is measured and described as points A, B, C, D, E and F. View points number i, 2, 3, 4 and 5 have been established and are referenced on the Final Plat. At the time of building permit issuance for the construction of a single family dwelling on Lots 1, 2, 4, or 8, the applicant for said permit shall place a stake on the site indicating the height of the proposed building at the location shown on the plat and designated with the appropriate letter (A through F) as applies to said lot. The stake shall be viewed from the View Point and following the bearing angle, zenith and distance as measured and described on the View Plain Chart. In no event shall the proposed structure encroach upon the view plain. Prior to the Issuance of a certificate of occupancy for said structure, the Building Department shall verify that no portion of the structure encroaches within the view plain as viewed from the View Point applicable to said lot and applying the bearing angle zenith and distance set forth on the View Plain Chart. In the event any portions of the structure encroach upon the view plain, a certificate of occupancy shall not be issued until the encroaching portion of the structure is removed. 14. Exterior Lighting Guidelines. APL agrees that all exterior lighting shall comply witlht ng guide Ines as outlined by the County Exterior Lighting Guidelines and the Scenic View Plain criteria. 15. Flood lain Limitations. Except for such fill as is necessary for the construction, ma ntenance and repair of trails, roadways, bridge and drainage structures, no fill, improvements or activities shall be permitted in the fioodpiain. The floodplain is described on the final plat as the 11 8026 Flood Line ". 16. Permitted Floor Area Ratios. APL and County agree that the floor area ratio (FAR) forte development shall be consistent with the AF -2 Zone District FAR requirements set forth in the Pitkin County Land Use Code as they existed as of the date of adoption of Resolution No. 85 -106 (Detailed Submission Approval). 17. Employe e ts Housing ed P.eqqu APL shall fulfill its employee housing requu(reme associat wTt the creation of Lots 1 through 11 of The Preserve by payment to Pitkin County of "cash -In- lieu" for employee housing in the total amount of $180,000.00. Said sum shall be payable by a cash payment of $20,000.00 at the time of issuance of a building permit for each of the first nine (9) single family residences to be constructed within The Preserve Lots 1 -11. Said payment amount shall be indexed to the employee housing "cash -in- lieu" cost of living increase in effect at the time of issuance of the building permit for which the payment is made. 18. Park Dedication Fee. The park dedication fee for The Preserve lots shall i pa d as required by the Pitkin County Land Use Code in effect on the date hereof. -3- 00006t Do 516 Pit. IS 4 19. Nature and Estimated Cost of Im rovements. Except where specifically state d otherwise, PL shall a respons a for construction and Installation of all improvements required hereunder. The nature, extent and estimated cost of such improvements shall be as set forth herein and on the schedule attached hereto as Exhibit " A " and incorporated herein by this reference. In the event the cost of the contemplated improvements exceeds those estimated, APL.shall he solely responsible for the higher cost thereof. 20. Construction Schedule. The subdivision and the improvements provided for rn this Agreement may be developed and completed in phases. Provided however, a building permit for construction of a residential dwelling on a particular lot in The Preserve shall not be issued until the construction of the appropriate road access, water, electric and telephone services, sewer services and other utilities as described herein have been commenced for such lot and the collateral security described in paragraph 21 below has been approved and accepted by the County Attorney. 21. Financia Assurances. APL's performance of the obligations described herein and on ExhrF t "A" of this Agreement shall be secured by collateral sufficient to make reasonable provision for the completion of said Improvements In accordance with design and time specifications. In order to secure APL's performance under this Agreement, APL hereby restricts the lots against conveyance or transfer until such time as other specific collateral security or security agreements are approved and accepted by the County Attorney. Such security shall be equal in value to the cost of the Improvements not yet completed in conformance with Exhibit " A " and this Agreement. As portions of the improvements are completed, the County shall inspect them and on approval and acceptance of such improvements by the County, the County Attorney shall authorize the release of that amount of the security equal to the cost of that portion of the Improvements completed; provided, however, ten (10 %) percent of the cost of the improvements completed shall be retained until all improvements provided for herein are completed and approved by the County. In the event APL fails to perform its obligations to construct the improvements provided for in this Agreement in accordance with design and, time specifications and thereafter APL has not complied with the requirements of this Agreement within ninety (90) days after written notice from the County to do so, (lien APL shall be deemed in default hereunder. The security provided by APL shall give the County the unconditional right, In the event of default by APL and after thirty (30) days notice to APL or its successors or assigns, to withdraw funds on demand to pay for improvements to be completed by the County or pay any outstanding bills for work already completed by any party. Final .payment for any Improvements completed by the County shall be made only, after such have been inspected and accepted by the County. In the event APL defaults hereunder and the County, by withdrawal of funds, performs the obligations of APL hereunder, the County, In good faith, shall be obligated to complete the improvements in an economically efficient manner as is practicable. -4- t] t 0 b 6009 5 !_6 %;�; -65 22. Assignment. In the event APL does nut market the individual lots or develop the real property referred to herein, APL may assign its interest In the property to a third party who shall develop the property, or portions thereof, including the construction of the improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. 23. Execution o f Final Plat. APL's obligations to construct the Improvements contemplated hereunder are expressly contingent on the County approving and executing the Final Subdivision Plat of The Preserve, and the recordation of the same in the office of the Clerk and Recorder for Pitkin County, Colorado. 24. Covenants Running with L and. All covenants, restrictions, conditions and obligations herein contained are covenants running with the land and shall attach and bind and Inure to the benefit of APL and the County, their respective grantees, successors and assigns. 25. Captions. Titles or captions of paragraphs 'contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Subdivision Improvements Agreement or to the intent of any provisions hereof. 26. Entire Agreement. This Subdivision Improvements Agreement constitutes the full and complete agreement of the parties hereto and may not be modified except by a written agreement signed by the parties. IN WITNESS WHEREOF, the parties have executed this Subdivision Improvements Agreement the day and year first written above. ASPEN PRESERVE LIMITED PARTNERSHIP ' Stephen Che an, Sr., General Partner THE BOARD COUNTY COMMI OF PIT i NTY, COL By ATTEST l — UY // I�C.C. c - 'le e L outity Jerk APP�3VED AS TO FO M: t 13y (c .,�� � homas enton Smith ounty Attorney BOOK 516 MAN STATE: OF FIo2i0q tB J ss. COUIITY OF QQ�1 VC -.kc�� The foregoing instrument was acknowledged before me this day of ' � T 198 b, by ?s C o_a att�na.� Of 4a�.c�2Ye 1r.,.m,C c�tt. <r�•a..C'S1��.Q - Witness my hand and official seal. } My commission expires: P,1y (oco^iss;sr, r, rr: Ink B.a:,l t..a r,.v F•...h ,.• � STATE OF COLORADO ) COUNTY OF FITKIN ss `1 r,, The foregoing instrument was acknowledged before me this I! day of / (N� 198 (2 , by v(i �t cam_ .(� as claw.,,&. Of Witness my hand and official seal. My commission expires: lotar a. 4, (`1 ?19,(, U U V U U ��v EXHIBIT A - ROADS, BRIDGES AND UTILITIES BOOK 516 PAGE 1. Central Water System The Preserve shall construct a central water system providng city water to Lots 1 through 11 and Gatehouse. The Preserve shall construct water lines to the lot lines. Individual lot owners shall be responsible for the extension of water lines to service the structures built on each lot. 'fie central water system shall be designed to supply fire protection water flows to the lots. Improve- i ments by The Preserve shall include: A. Construction of a new 8" water line from Ute Avenue to a junc- tion where an interconnect line to the City of Aspen MDuntain Val- ley line will intersect + 2200 feet. B. Construction of a new 8" water line loop from the above- mentioned junction to The Preserve property + 770 feet. C. Obtain a 25' easement to construct the above- mentioned lines on the Benedict property. D. A cash contribution rot to exceed $50,000 for the construction of an interconnect 12" water line from the 8" water line from Ute Avenue to the City of Aspen i3�untain Valley water line at Highway 82. E. Installation of an 8" loop distribution line with appropriate valves and fittings to provide water service to the lot lines. OUn t,s�I ° 516 %7468 F. The design and construction of the water system shall comply i with the applicable standards of the Pitkin county Environmental Health Department, the City of Aspen Water Department and the State of Colorado Water Quality Control Division. G. The Smith Parcel of The Preserve has an existing water supply and might not be connected to the central water system described above. H. Additional terms and conditions applicable to the water system will be set forth in the Water Service Agreement with the City of Aspen. 1. The total construction cost of the water system is estimated at $360,000. 2. Highway 82 Deceleration Lane The Preserve will construct, at its expense, a deceleration lane in the space now defined by the guard rail along Highway 82 at the entrance to The Preserve and obtain necessary State Highway Department peimits. The cost of the de- celeration lane is estimated at $3500.00 3. C onstruction of Private Roads and Bridge The Preserve agrees to construct The Preserve roads and bridge as the same is sham on the Final Plat and Detailed Submission. The road shall have an eight- een foot (18 driving width, two foot (2 rounded shoulders and have a chip -seal or asphalt surface. Base and subbase material and thickness shall be determined in accorance with standards set forth in Pitkin County Road Standards and Specifications. The road shall 00006 BOON 5. 1 16 Pa6C`f69 m--et City of Aspen Fire Department turning radius requirements by providing a 50 foot turning radius at all cul-de -sacs. The bridge shall be a single -lane, 14 foot wide bridge. The road and bridge shall be a minimum of one foot above the 100 -year floodplain, and necessary fill in the floodplain shall be placed in accordance to Pitkin 0ounty load Standards and Specifications. Drainage shall be incorporated into the road system design to ensure pollutants to i not enter natural water or the 100 -year floodplain. Drainage re- tention ponds and drainage channels are located above the 100 -year floodplain as indicated on Sheet 3 of the Detailed Submission Drawings. The estimated cost for construction of the roads is i $126,500ancl the bridge, $120,000. i 4. Easement on Private Road An easerent to the bus turn- around + 300 feet inside the property line has been provided to the public school district and the Roaring Fork Transit Agency for the conven- ience of all parties. 5. Electric Service The Preserve agrees to install or guarantees installation of electric power lines and transformers to provide electric service to Lots 1 thorugh 11 and Gatehouse in The Pre- serve. All new power lines shall be underground, lower lines, transformers and the installation of same shall conform to the re- quirements and specifications provided The. Preserve by lbly Cross Electric Association. Estimated construction cost: $36,000. The. Smith. Parcel .is already serviced tty Holy (Ross Eleetfi' Associ- r "ration and no improvments are require. 00000 oxx 51.6 PAGE470 6. Telephone Service The Preserve agrees to install or guarantees installation of buried distribution cable and feeder facilities including pedestals to provide telephone service to 'Lots 1 through 11 and Gatehouse in the Preserve. Telephone lines shall be underground. Telephone lines, pedestals and the intallation of the same shall conform to the requirements and specifications provided The Preserve by Mountain States Telephone and Telegraph Obmpany. Estimated construc- tion cost: $10,000. The Smith Parcel is already serviced by Mountain States Telephone and Telegraph Company and no improvements are required. I 7. Cable TV . The Preserve agrees to install or guarantees installa- tion of buried distribution cable and feeder facilities including I pedestals to provide cable TV service to Tots 1 though 11 and Gate- house in The Preserve. Cable TV lines shall be underground and be installed to the specifications provided The Preserve by Canyon Cable TV. Estimated cost: $10,000. The Smith Parcel is not serviced by Canyon Cable TV at this time and is not required to be served by this utility. i 8. Natural Gas The Preserve agrees to install or guarantees instal- lation of natural gas lines and appropriate equipment to lots 1 through 11 and Gatehouse. Natural gas lines and associated equipment shall conform to the requirements and specifications provided the Preserve by Rocky Mountain Natural Gas. Estimated cost: $15,000. U0V 06 1 an 516 m471 The Smith Parcel is not served by Rocky Mountain Natural Gas at this time and is not required to be served by this utility. . 9. Sewer The Preserve agrees to install a force main sewer system to tie in with the.Aspen Sanitation sewer located in Highway 82. The Pre- serve will install ail necessary pipe, clean -outs, valves and effluent tanks for Lots 1 through 11 and the Gatehouse. The force main will be appropriately attached to the bridge a minimum of one foot (1 above the 100 -year flood level. The force main and all equipment associated will comply with applicable standards of the Pitkin County Environment— al Health, Aspen Metropolitan Sanitation District and Colorado State Health Department. Estimated construction cost of the force main sewer system is $100,000. The Smith parcel of The Preserve might be connected to the &free main' at some time: in the'future. 10. The gatehouse referred to in V5 has an estimated construction cost of $80,000.00 of which not more than $5000.00 is estimated to be attributable to the improvements related to its use as a bus shelter. ®0 0,LI 6 WITNESS my hand and official seal. My commission expires: SWC ,( o 7.1y Coriad(:m riews ldy " I: 3 Rotary u Ic Lv Fw_eJ :h. `nf ( i , .luarq. f I, l 1 if (1) I ecojr 57.6 e,rE472 PROTECTIVE COVENANTS FOR R -,, : 17 (pTrT0W WHEREAS, Aspen Preserve Limited Partnership, a Delaware Limited Partnership (hereinafter referred to as "APL") has previously caused certain real property In Pitldn County, Colorado, located In Sections 17 and 20 all In T. 10 S., R. 04 W., 6th P.M., to be surveyed, subdivided and platted Into lots as shown on the plat of The Preserve Subdivision (hereinafter "Subdivisim[ "), which plat has been filed for record in th&real property records of Pitkin County. Colorado, on the ia:A' day of w In Plat Book & at Pages q (hereinafter referred to as at ), and WHEREAS, as of. the date of recording of these Protective Covenants, APL is the owner in fee simple of said real property described on the Plat. API. shall be referred to herein as "Declarant ". NOW, THEREFORE, Declarant, the owner in fee simple of all of the lands Included within said Subdivision as so platted and above described, does hereby declare and acknowledge that all of the lands within said Subdivision are and shall hereafter be subject to all of the covenants, restrictions, and limitations contained hereinafter, and further reserves to itself all of the lands and easements described in Article VIII hereinafter. These covenants shall rwi to the benefit of and be enforceable by the owners of the lots within the Subdivision. STATE OF _ `,o2[�y�_)' COUNTY OF��7 ss. The foregoing instrumen as acknowledged before me thlsaB day of 198 by ASPEN PRESERVE LIMITED PAR }FP ,' a o aware Limited Partnership, by Stephen Chefan, Sr., as General Partner. (�u0Q6' IN WITNESS WHEREOF, Declarant, as the owner In fee of all of the lands subdivided and @esc Ibed as the Subdivision,. has executed this Instrument this " - day of o[ 1986. ' ASPEN PRESERVE LIMITED Z PARTNERSHIP, m a Delaware Limited Partnership mo S tephen Ghetan, Sr., CD K� General Partner CO W �2 N oY p, 6 STATE OF _ `,o2[�y�_)' COUNTY OF��7 ss. The foregoing instrumen as acknowledged before me thlsaB day of 198 by ASPEN PRESERVE LIMITED PAR }FP ,' a o aware Limited Partnership, by Stephen Chefan, Sr., as General Partner. (�u0Q6' S 't THE PRESERVE g063 516 mvM Contents --------------- ----- ----- -- -- -- -- -- -- ---Page I. PURPOSE DF COVENANT I. General Requirements ............................ 1 I1. _D 1 . Residential Lots ... ............................... 1 2. Non - Development Easement Tract 1 3. Recorded Plat III. THE - PRESERVE HOidEOk% -- ASSOCIATION -------------------------- i I. Membership in Homeowners Association .............. 1 2. Association Easement...,..... 3, Owners Association Ex p e nses ,,,,,,,,,, ,,,,,,,,,,,,, 2 4. Duties and Voting of Board ,,= 2 S . Assessments .................... 6. Assessment Lien....... 7, Statement of Assessments and Liability of Purchasers ............. ............................ 3 8. Incorporation 16to Future Filings 4 IV. ARCHITECTURAL CMMIT_TEE 1. Architectural Committee. . . . . . . . . ........ 4 2. Approval by Architectural Committee......... 3 . Variances.... 4. General Requirements ............. 5. Preliminary Approvals. ............. 6. Architectural Plans ............................... 6 7. Architectural Committee Not Liable ................ 6 8. Written Records .... ............................... 6 V. GENERAL_ RESTRICTIONS ON ALL LOTS - 1. Zoning Regulations . ............................... 6 2. No kilning, Drilling, or Quarrying ................. 6 3, No Business Uses.....;, 4. Signs .............. (IiJ nnnn ^rI I em 5 ?,GC474 3 --------------- - Page --------------------------- 5. Animals and Fencing .............................. 7 6. Service Yards and Trash .......................... 7 7 , No Discharge of Firearms ......................... 8 V1. RESTRICTIONS ON RESIDENTIAL TRACTS 1. Number and Location of Buildings ................. 8 2. Dwelling House to be Constructed First........... 8 3. Towers and Antennae .............................. 8 4. Trees and Landscaping ............................ 9 5. Tanks 9 6. Used or Temporary Structures ..................... 9 7. Exterior Lighting .. ............................... 9 a. Off - Street Parking ............................... 9 9. Sanitary Systems .. ............................... 9 10. Non - interference with Uorthstar Nature Preserve.. 10 VII. RESTRICTIONS ON EASEMENT AREAS AND AiSa D�GELS�AI�NT _1=ASi_A�ERS`_Y�ACTS_TnNDE" ) 1. DweIl Ings ......... ............................... 10 2. Trees and Landscaping ............................ 10 3. Temporary Buildings .............................. 10 4. Exterior Lighting . ............................... 11 5. Leasing of NDE Tracts ............................ 11 VIII. EASEIdENTS AND LANDS RESERVED 1. Utility Easements Reserved ....................... 11 i 2. Irrigation Easements, "NDE" Reservation and Easement Area Reservation .................... 11 3. Easements for Private Roads ...................... 12 IX. EASEh1ENT DEDICATIONS 1. Trail Easement ..... ............................... 12 2. Northstar Nature Preserve Maintenance Easement... 12 3. Mosquito Control Easement and Dedication......... 13 X. ENFORCEMENT 1. Enforcement Action ............................... 14 I 2. Limitations on Actions ........................... 14 OvJ€�7 L Contents peu 516 P.,j 475 XI. GENERAL — PROVISIONS I. Covenants to Run ...... ............................ 15 2. Termination and Amendment of Covenants........... 15 i 3. Severability ...... ............................... 15 u. Paragraph Headings ............................... is ( iv) erns 51.6 Pm 4 "16 PROTECTIVE COVENANTS or t e reseFve u vTs(on ARTICLE I -- PURPOSE OF COVENANTS 1. General Requirements It is the Intention of Declarant, expressed by Its execution of this instrument, that the lands within The Preserve Subdivision (hereinafter Subdivision) be developed and maintained as a highly desirable residential area. It is the Durnose of those rnv i, ,bae the present natural beauty, the natural growth and native setting and surroundings of the Subdivision shall always be protected Insofar as is possible in connection with the uses and structures permitted by this Instrument. It is of primary Intent that the seclusion of each home site in the Subdivision from neighboring home sites shall be protected Insofar as possible. ARTICLE II -- DEFINITIONS i 1. Reside Lots All dfl. heNtiVdlY(Sl4nslo; _r7esi9 A- 'dR' (t TO f:: € r decTf "p]a `ofit eSSu6djy(soit by a ntlmtiQG j e reridl:ritial 2. Non - D evelopment Easement Tract The Non - Development Easement Tract (hereinafter "NDE" tract) designated on the recorded plat of the Subdivision shall not be developed except for common amenities, park or agricultural uses which do not"impact wildlife habitat and resources. 3. Recorde Plat. That map recorded at Plat Book _ at Pages of the records of the Clerk and Recorder of Pitkin County, Colorado (hereinafter referred to as "Plat ") and any Amendments or Replats thereof of all or a portion of said Lands. ARTICLE 111 THE PRESE H OMEOWNERS ASSOCIATION 1. f In Ho meowners Association All persons or associations who own or acquire the title In fee to any of the lots or the NDE Tract In the Subdivision (other than lands dedicated as public roads), by whatever means acquired, shall automatically become Members of THE PRESERVE HOMEOWNERS ASSOCIATION (hereinafter referred . to as "Association "), a Colorado corporation not for profit, in accordance with the Articles of Incorporation of said Association as recorded or filed In the records of the State of Colorado, and as the same may be duly amended from time to time. If more ihan one 0 000 7 V poet( 59.6 -A-477 Individual or entity owns a portion of a lot, a representative of such multiple owner's shall be designated. There shall be no fractional voting permitted. Each lot owner and the owner of the NDE Tract shall be entitled to one vote for each lot or tract owned. Membership voting procedures shall be set forth In the By -Laws of the Association, 2. Association Easement The Association shall have the right of access to each residential lot and structures built thereon from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of utility extensions, roads and fences and at any time for the making of emergency repairs, and shall have a nonexclusive easement as may be appropriate to perform the duties and functions which it is permitted to perform pursuant to this Declaration. 3, . Owners Association Expenses The administration of the Association shall be governed by this Declaration and the Articles of Incorporation and By -Laws of the Association. 4. Duties and Vottng of Board. The Board of Trustees of the Association shall have the duties of management, operation, and maintenance of the easement areas, common areas and NDE Tract (with the consent of I Declarant), utilities, roads and fences of the Subdivision, enforcement of the provisions of this Declaration, the Articles and By -Laws of the Association, I and the rules and regulations adopted thereunder. The Board of Trustees shall be composed of the owner of the NDE Tract, the Declarant and one other owner of a Lot to be elected by a majority of the other Lot owners. The Board of Trustees shall act by majority vote. If a Board member is a Corporation or Partnership, the President of the Corporation or general partner shall act on' behalf of said entity. 5. Asse ssments . All owners shall be obligated to pay assessments Imposed by the Association to meet the expenses of management, operation, and maintenance of the Subdivision. Assessments shall be made equally against each residential lot. Assessments may Include, without limitation, the costs of maintenance and operation of utilities, roads, bridges and fences, expenses of management, taxes and special assessments unless separately assessed, landscaping, irrigation and care of the NDE Tracts and grounds, Ponds and watercourses, construction, maintenance and repair of common amenities, repairs and renovations, trash and garbage collection, wages, snow removal, Irrigation and domestic water and sewer system repairs. and 6a 0000 ?I nom( 516 x 1 , 0.78 maintenance, legal and accounting fees, costs and expenses of maintaining a private security system, galehouse and patrols, management fees, maintenance of any dedicated common areas or Easement Areas, expenses and liabilities Incurred by the Association under or by reason of this Declaration, payment of any deficit from a previous assessment, creation of a reasonable contingency, reserve or surplus fund, and other costs and expenses relating to the Subdivision. Assessments shall be a 'personal obligation of each owner and suit to recover money judgment shall be maintainable without waiving the lien securing the same. 6. Assessment Lien Assessments chargeable to any residential lot shall constitute a lien on such lot superior to all other liens and encumbrances except (1) tax and special assessment ,liens in favor of any taxing authority, and (11) sums unpaid under a first mortgage of record. if any assessment shall remain unpaid 25 days after the due date thereof, the Association may impose a penalty of 1% of such assessment on the first day of each calendar month thereafter so long as such assessment shall be unpaid. To evidence the lien herein permitted, the Association may, but shall not be required to, prepare a written notice setting forth the amount of such unpaid assessment, the amount of accrued penalty thereon, the name of the owner, and a description of the residential lot and record the same in the office of the Clerk and Recorder of Pitkin County, Colorado. Such assessment lien shall attach from the due date thereof, and may be enforced by foreclosure as a mortgage on real property. Upon such foreclosure the Association's claim shall include the amount of unpaid assessments, penalties thereon, the costs and expenses of such proceedings, the costs and expenses of filing the notice of lien, and reasonable attorney's fees, and the owners shall each be liable for any deficiency, The Association may bid on the residential lot at foreclosure sate and hold, lease, mortgage, or convey the same. No assessment shall be levied upon the NDE Tract. 7. Stateme of Assessments and Liability of Pur Upon written request and payment of a reasonable fee, the Association shall issue a written statement setting' forth the amount of unpaid assessments, penalties, and costs against a residential lot, the amount of the current periodic assessment and the due date thereof, and any credit for advance payments or prepaid items, which statement shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. The grantee of a ,_ 0 3Q67Q Boos 516 wcE4 "i9 ' residential lot shall be Jointly and severally liable with the grantor for all unpaid assessments against the lot accrued prior to the conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. Unless such'stalement Is issued within 15 days of receipt of a_ proper request, the requesting grantee shall not be liable for, nor shall the residential lot conveyed be subject to a. Ilen for unpaid assessments accrued prior to the date of such request. 8 • Incor poration into Future Filings For purposes of administration, maintenance and the sharing of expenses provided for In Paragraph 5 above, the Association may be Incorporated into any association created In the future pursuant to the further subdivision of lands owned by Declarant, Its successors and assigns adjacent to or within the Subdivision. ARTICLE IV -- ARCHITECTURAL COMMITTEE I 1. Architectural Committee The Architectural Committee shall. be composed of the Declarant so long as Declarant owns a residential Lot or NDE Tract within the Subdivision. Thereafter the Architectural Committee shall be the Board of Trustees of the Association, as said Board of Trustees shall be I constituted from time to time in the future. Said Architectural Committee shall have and exercise all of the powers, duties, and responsibilities set out In this Instrument, and may, but shall not be required to, establish guidelines and requirements for compliance with its authority with respect thereto, Including the establishment of costs and fees reasonably related to the processing and evaluation of requests for Committee action. 2• Approval by Architecture[ Committee No Improvements of any kind, Including but not limited to dwelling houses, barns, stables, outbuildings, swimming pools, tennis courts, ponds, parking areas, fences, I walls, garages, drives, antennas, flagpoles, curbs, walks, landscaping and wells shall ever be constructed or altered on any lands within the Subdivision, nor may any vegetation be altered or destroyed nor any landscaping performed on any lot,•unless the complete architectural plans for such construction or alteration or landscaping are approved In writing by the Architectural Committee prfo'r to the commencement of such work. In the event the Architectural Committee fails to lake any action within 60 days after complete architectural plans for such work have been submitted to it, then all of such submitted architectural plans shall be deemed to be approved. , In the - tl - L�66 80014 J�_� ..,Aso event the Architectural Committee shall disapprove any architectural plans, the person or association submitting such architectural plans may appeal the matter to the next annual or special meeting of the Members of the Association, where a vote of at least two - thirds of the votes entitled to be cast at said meeting shall be required to change the decision of the Architectural Committee, 3. Variances Where circumstances, such as topography, location of property lines, location of trees and brush, or other matters require,' the Architectural Committee may, by a two- thirds vole, allow reasonable variances as to any of the covenants contained In this instrument, on such terms and. require; > conditions as It shall re q provided that no such variance shall be finally allowed until 30 days after the Architectural Committee shall have mailed a notice of such variance to each Member of the Association. In the event any three Members shall notify the Architectural Committee in writing of their objection to such variance within said 30 -day period, the variance shall not be allowed until such time as it shall have been approved by a vote of at least two- thirds of the votes entitled to be cast at an annual or special meeting of the Members of the Association, 4. General Requirements The Architectural Committee shall exercise Its best Judgment to see that all Improvements, construction, landscaping and alterations on the lands' within the Subdivision conform and harmonize with the natural surroundings and with the existing structures as to external design, materials, color, siting, height, topography, grade, landscaping and finished ground elevation. The Architectural Committee shall protect the seclusion of each home site from other home sites Insofar as possible and shall require landscaping and the planting of specimen trees in accordance with Pltkln County requirements for approval or the Subdivision or In the discretion of the Committee. S. Prelim Approvals Persons or associations who anticipate constructing Improvements on lands within the Subdivision, whether they already own lands in the Subdivision or are contemplating the purchase of such lands, may submit preliminary sketches of such Improvements to the Architectural Committee for informal and preliminary approval or disapproval, but the Architectural Committee shall never be finally committed or bound by any preliminary or. informal approval or disapproval until such time as com- plete architectural plans are submitted and approved or disapproved. 0ru,0077 -5- eons 51.6 pvvA31_ 6. Architectural Plans The Architectural Committee shall disapprove any architectural plans submitted to It which are not sufficient for It to exercise the judgment required of It by these covenants. 7. Architectural Commit Not Liable The Architectural Committee shall not be liable in damages to any person or association submitting any architectural plans for approval, or to any owner or owners of lands within the Subdivision, by reason * of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to any property In the Subdivision, or any person or association submitting plans to the Architectural Committee for approval, by so doing does agree and covenant that he or It will not bring any action or suit to recover damages against the Architectural Committee, Its members as individuals, or its advisors', employees, or agents. 8. Written Records The Architectural Committee shall keep and safeguard for at least five years complete permanent written records of all applications for approval submitted to it (Including one set of all architectural plans so submitted) and of all actions of approval or disapproval and all j other actions taken by it under the provisions of this Instrument. ART ICLE V -- GENERAL RESTRICTIONS ON ALL LOTS 1. Zoning Reg No lands within the Subdivision shall i ever be occupied or used by or for any structure or purpose or In any manner which Is contrary to the zoning regulations of Pltkin County, Colorado, validly in force from time to time, except as the same may be i allowed under said regulations as a nonconforming structure or use. 2- No Mining, Drilltnq or Quarry No mining. g, quarrying, tunnelling,. excavating, or drilling for any substance within the earth, Including but not limited to, oil, gas, minerals, gravel, sand, rock, geothermal and earth, except for ponds, watercourses, utility, water and 1 septic purposes shall ever be permitted within the limits of the Subdivision. 3. No Business Uses No lands within the Subdivision shall ever be occupied or used for any non - agricultural commercial or business purpose I (except for lawful home occupations) nor for any noxious activity and nothing shall be done or permitted to be done on any of said lands which Is a nuisance or might become a nuisance to the owner or owners of any of said -6- 0000^ Booii 916 P; lands. No hospital, sanitarium, or other place for the care or treatment of the sick or disabled physically or mentally; nor any public theater, bar, restaurant, or other public place of entertainment; nor any church; shall i ever be constructed, altered, or permitted to remain within the Subdivision. 4. Signs With the exception of one "For Rent" or "For Sale" sign (which shall not be larger than 20 x 28 Inches) and except for entrance gate signage of a style and design approved by the Architectural Committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any lot In the Subdivision. 5. Animals and Fend Except as approved by the Architectural Committee, no animals or poultry shall be kept on residential tracts in the Subdivision. No dogs shall be permitted unless approved by the Pitkin County Board of County Commissioners. Any animal which interferes with wildlife within the Subdivision or any adjoining lands thereto shall be subject to removal by the Architectural Committee. Horses may be kept only with the prior written permission of the Architectural Committee which may designate areas for the pasturing and housing of said animals. The Architectural Committee may require any owner of lands within the Subdivision to remove any animals If In the opinion of the Architectural Committee the lands are overgrazed or the animals constitute an annoyance to the owners of neighboring lots or an Interference with operations or wildlife .within or adjoining the Subdivision. Animals permitted to be kept by the Architectural Committee, must be kept In designated areas which shall be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. A right of access to verify and enforce the foregoing Is hereby granted to the Pitkin County Animal Control Officer. No grading shall take place nor shall any fence be erected on any lot nor shall any change In any Irrigation ditch or water structure take place which, In the judgment of the Architectural Committee, Interferes with any activity in effect on the date of recording of these covenants. 6. Service Yards and Tras All clothes lines, equipment, campers, boats, trucks, trailers, service yards, woodpiles, or storage piles on any lot in the Subdivision shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring lots and streets and access roads. All rubbish and trash shall be removed from all lots In the Subdivision, and shall not be allowed to accumulate and shall not be burned eoas 5516 .4A3 3 thereon except in burners approved by the Architectural Committee as to location, design, materials, and construction, and except at such hours of the day as shall be established by the Architectural Committee. 7. No Discharge of Firearms The discharge of firearms shall not be permitted on any of the lands in the Subdivision without approval of the Architectural Control Committee. Hunting activities may take place only with the prior written consent of the Architectural Control Committee. ART ICLE VI -- RESTRICTIONS ON RESIDENTIAL TRACTS I. Numbe and Location of Buildings Except for buildings or structures in place on the date of recording these Covenants, no buildings or structures shall be placed, erected, altered, or permitted to remain on any residential lot other than: (a) One detached single - family dwelling house; and (b) One guest or caretaker house if permitted by applicable zoning codes; and (c) One attached or detached garage and one barn; (d) One or more accessory buildings or structures. No dwelling house, building or other structure shall be placed, erected, altered, or permitted to remain on i any residential tract at any site or location other than that Indicated as building envelopes on the recorded plats of the Subdivision or as existing on the date of recording of these Covenants, except as otherwise specifically permitted In writing by the Architectural Committee and the Board of County Commissioners of Pitkin County. i 2. Dwelli house to be Constructed First No guest house, servant house, garage, or other building shall be constructed on any residential lot until after commencement of construction of the dwelling house on the same residential lot. All construction and alteration work shall be prosecuted diligently, and each building, structure, or Improvement which is commenced on any residential tract shall be entirely completed within 18 months after commencement of construction. 3. Towers a Antennae No towers or radio or television antennae or satellite transmission receiving antennae shall be erected on any - 0000 G Be-OX 516 PAC-484 residential lot without the approval of the Architectural Committee and shall be fully screened from view from adjacent properties. 4. Trees and Landscaping No trees or brush growing on any residential tract shall be felled 'or trimmed nor shall any natural areas be cleared, graded or formal lawn areas constructed, or landscaping performed on any residential lot without the prior written permission of the Architectural Committee. Under no circumstances will healthy mature conifer trees be permitted to be cut down, destroyed, or otherwise removed from the property unless consent is obtained from the PlUdn County Environmental Coordinator,. or any other substituted official of the governmental agency having land use .authority over The Preserve, Mature conifer trees shall be deemed those which have a trunk diameter of 31 Inches or greater as measured by caliper at a point no more than 4 feet above the ground. 5. Tanks. No elevated tanks of any kind shall be erected, placed, or permitted upon any residential lot. Any tank used In connection with any dwelling house or other structure on any residential lot, Including tanks for storage of gas, fuel, off, gasoline, or water, shall be burled or If located above ground the location and screening shall be as determined by the Architectural Committee. 6. Used or Temporary Structur No 'used or previously erected or temporary house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any residential lot, except during construction periods, and no dwelling house shall be occupied In any manner prior to Its completion. 7. Exterior Lighting All exterior lights and light standards on residential lots shall be approved by the Architectural Committee for harmonious development and the prevention of lighting nuisances to other lands in the Subdivision and within the adjoining Northstar Nature Preserve and shall comply with the requirements of the Pitkfn County exterior lighting guldelines and the scenic viewplaln criteria. E. Off- Street Parking No dwelling house shall be constructed on any residential lot unless there Is concurrently constructed on the same lot adequate off - street parking areas for at least four automobiles, 9. Sanitar Systems No sewage disposal system, sanitary system, cesspool, or septic tank shall be constructed, altered, or allowed to remain or be used on any lot unless fully approved and _permitted as to design, capacity, location, and construction by all proper public health .0000 81 f BOOR '016 PAsE485 agencies of the State of Colorado and, the County of Pitkin and also by the Architectural Committee. ' 9.1. The Association shall own all sewer lines and apparatus lying within the common areas. Each lot owner shall own such lines and apparatus within his respective lot. The Association shall employ a qualified sanitary engineer to perform necessary maintenance and repair of all sewer lines and apparatus located within lots and common areas In the Subdivision. The costs of such maintenance and repair within a lot shall be at the expense of the lot owner. The cost of such maintenance and repair elsewhere in the Subdivision shall be a common expense. Easements far access to lands and structures necessary for such maintenance and repair are reserved to the Association pursuant to Article III, Paragraph 2 of these Protective Covenants. e i 10. Non- interference with Northstar Nature Preserve No owner of i a Lot or the family members, guests or invitees thereof shall trespass upon the adjacent Northstar Nature "Preserve nor do any act 'which interferes with or creates a nuisance to the wildlife located therein or which otherwise adversely Impacts the wildlife habitat, vegetation, water quality or quantity, scenic quality, or recreational value of the Northstar Nature Preserve. ARTICLE. VII -- RESTRICTIONS Oil EASEMENT AREAS .. O - EVELOPME T E SEME TTPI�R CTS - ("NDE ") I. Dwellings No dwellings shall be placed, erected, altered, or permitted to remain on any Easement Area shown on the plat or NDE tract. Fences, ponds, irrigation structures, agricultural or amenity accessory structures, equestrian activity fields and facilities, and private roads giving access to residential lots in the Subdivision, which have the prior written approval of the Architectural Committee may be permitted. Necessary utility Installations shall be permitted along established or platted utility easements and other areas as determined by the Architectural Committee. 2. Trees and Landscaping No trees or brush growing in NDE tracts shall be felled or trimmed, no natural areas shall be cleared, nor shall any natural vegetation, rocks, or soil be damaged or removed, nor any landscaping performed, nor any wetland areas drained or otherwise modified, unless first approved In writing by the Architectural Committee. 3. Temporary Buildings No temporary house, house trailer, camper, boat, horse trailer, tent, construction materials, or other temporary -10- 00006 ecalc 5.:6 e;,cl:4 86 or movable structure shall be placed, erected, or allowed to remain on any NDE tract, expect as attendant to lawful development. 4. Exterior Lighting No exterior lights, fixtures, or standards shall be erected, Installed, or permitted to remain on any NDE tract, except as attendant to lawful development. 5. Leasing of NDE Tracts No NDE tract or Easement Area may ever be leased to any person or association without the prior written permission of the Architectural Control Committee except as is necessary to carry out the Intents and . purposes expressed 'in. Article Vill, herein reserving such authority to Declarant, it successors and assigns. ARTICLE VIII -- EASEMENTS AND LANDS RESERVED i 1. Utility Easements Reserved Declarant hereby reserves to Itself, Its successors and assigns, perpetual easements ten feet In width on each side of the boundary line along the entire perimeter of each lot and all other easements described on the recorded plat of the Subdivision, for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing electric, telephone, water, Irrigation, cable television, sewer, gas, and similar lines, pipes, wires, ditches, and conduits, and walking and riding trails. 2. Irrigation Easements, "NDE" Reservation and Easement Area Reservation Declarant hereby reserves to Itself, Its successors and assigns, perpetual easements across all of the lands In the Subdivision along the line of all domestic water lines and Irrigation ditches, ponds and laterals presently In existence and across all other lands in the Subdivision, for the purpose of constructing, maintaining, relocating, replacing and operating domestic water supply or sever systems or Irrigation ditches and laterals for the proper Irrigation of lands in and adjoining the Subdivision or located on any lots therein. Declarant reserves to Itself, its successors and assigns all lands within the NDE tract and the right to engage In any lawful activity thereon, to conduct farming and ranching activities and to Irrigate all meadow lands and ponds at all reasonable times, and to go on all lots In the Subdivision for the purpose of carrying on such activities and irrigating such Meadow lands and ponds so as to preserve and maintain their natural beauty. Declarant reserves to Itself, Its successors and assigns a perpetual, exclusive easement across all lands within the Fasement Areas shown on the -11- UO 11004 51.6 Pae,e87 Plat and the exclusive right to conduct farming and /or ranching activities of every nature whatsoever thereon; to Irrigate any or all lands therein; to retain all crops and profits from such activities; to build and maintain fences and ditches and relocate the same from time to time subject to the approval of the Architectural Control Committee. 3. Easements for Private Roads Declarant hereby reserves to Itself, its successors and assigns, perpetual easements across all lands within the Subdivision for private roads giving access to the residential lots and the NDE tract in the Subdivision; provided that no such private road shall ever be constructed or used without the prior written permission of the Architectural Committee. ARTICLE IX -- EASEMENT DEDICATIONS 1. Trail Easeme Declarant hereby agrees to dedicate to the public a trail easement along one of two alternative alignments as described on the Plat Map and more fully described by metes and bounds on Exhibit A and Exhibit B attached hereto and referred to as Trail Easement Alternative A and ' Alternative B. Pltkin County shall have the right to construct a pedestrian i trail along either one of said alternative alignments, At time as said trail alignment is selected, the Declarant shall execute a formal dedication to Pltkin County thereof. Thereupon, the alternative alignment not selected shall be vacated and all rights thereln shall revert to the Declarant. I Said trail shall he used for non - motorized pedestrian, equestrian or bicycling activities. - Pltkin County shall prohibit dogs from said trail and In the design and construction of the trail the County shall take reasonable measures to protect the security of the Subdivision which measures will Include the construction of fences and use grade separation where necessary. i 2. Northstar Nature Preserve Maintenance Easement Declarant hereby dedicates to Pltkin County exclusively for the benefit of the Northstar Nature Preserve, an easement for access purposes across the roads lying within the Subdivision. In addiflon, Declarant grants a right to cross common areas within the Subdivision to Pitkin County for purposes of maintenance of the North Star Nature Preserve. The easement shall be limited to use according to the following conditions. The use of the easements and rights granted hereby shall only be for purposes of maintenance and /or emergency access to the North Star Nature Preserve. No motorized vehlGles or other motorized equipment shall be permitted to cross the common areas within the Subdivision -12- ©000811" Bum 9,16 P.IA88 j except If during an emergency as determined by Pitkin County. Except In an emergency, vehicular and motorized access rights along the roads within the Subdivision shall be limited to automobiles or pickup trucks. Except In an emergency, no heavy equipment, larger trucks, vans or buses shall be permitted within the Subdivision except if specific approval Is obtained from the Declarant or, once the Declarant has sold more than 50% of the lots, then from the Homeowners Association. In considering whether or not to grant such consent the Declarant or Homeowners Association shall have the right to require reasonable restrictions and security as may be necessary to protect against overloading of the bridges and roads within the Subdivision, damage to any of the property, Improvements, utilities or vegetation within The Preserve and reasonable limits on hours of operation and frequency of traffic generated by such usage. Provided such. requirements are reasonable and complied with by Pitkin County, such consent shall not be unreasonably withheld. Prior'to the exercise of any rights hereunder, Pitkin County shall provide the Preserve Homeowners Association and Individual lot owners ivithin the Subdivision with a certificate of co- Insurance providing evidence of i liability protection from and against any and all claims, costs, demands, damages of whatsoever nature which may arise by the use by Pitkin County of the easement rights granted hereby to the extent of the coverage available to the County. Pitl<In County shall not disturb the (ands or occupants within the Subdivision in exercising Its rights granted hereunder nor shall It damage any property, vegetation or Improvements within the Subdivision. In the event Pitkin County wishes to cross an existing fence line in an area not jcurrently equipped with a gate, Pitkin County shall restore said fence or i Install, at Its sole cost and expense, a gate along said fence line for such i purposes In a location and design satisfactory to Declarant. In the event Pitkin County damages or disturbs any property, structures, or vegetation on the property, Pitkin County shall promptly repair said damage and restore ' such property or vegetation to its condition which existed prior to such damage or disturbance. This easement agreement shall be terminable by the Declarant at such time as the North Star Nature Preserve Is no longer utilized for passive park and wildlife habitat purposes. Said termination shall be evidenced by a Notice of Termination recorded In the real property records of Pitkin County, Colorado. 3. Mosquito Control Easement and Dedication The Declarant hereby dedicates to Pitkin County an easement across all common areas and roadways -13- U1-1GO8 Rams 5 1.6 nc, 439 within The Preserve for purposes of undertaking programs to control mosquitos subject to the following conditions. No lands within The Preserve may be altered, removed or damaged without the specific consent of the Declarant or once Declarant has sold more than 50% of the lots, then by the Homeowners Association. The use of nonbiologic pesticides shall not be permitted without the express consent of the Declarant or the Homeowners Association as provided for in the preceding sentence. Access to the common areas shall be by nonmotorized transportation and no rights are hereby granted to cross the common areas with any motorized vehicles or equipment. No access to Individual lots is granted hereby however, individual lot owners may consent to such access directly with Pitkin County. Pitldn County shall indemnify, defend and hold harmless, the Declarant, The Preserve Homeowners Association and Individual lot owners within the Subdivision from and against any and all claims, costs, demands, damages of whatsoever natura which may arise by the use by Pitldn County of the easement rights granted hereby, Pitkin County shall not disturb the lands or occupants within the Subdivision in exercising Its rights granted hereunder nor shall it damage any property, vegetation or Improvements within the Subdivision. 3.1, The Declarant hereby agrees that In the event a mosquito district Is formed on lands lying adjacent to The Preserve, then, In such ` event, all lands within The Preserve shall likewise be subject to the i jurisdiction of said district. I ARTI X -- ENFORCEMENT t. Enforcement Action The Architectural Committee shall have - the right to prosecute any action to enforce the provisions of all of these covenants by injunctive relief, on behalf of Itself and all or part of the owners of lands within the Subdivision. In addition. each owner of land within the Subdivision and/or the Association, shall have the right to prosecute any action 'for injunctive relief and for damages by reason of any violation of these covenants. 2. Limitation on Actions In the event any construction or alteration or landscaping work Is commenced upon any of the lands In the Subdivision in violation of these covenants and no action Is commenced within 90 days after completion of said Improvement to restrain such violation, then IM tt 0 f� U BOOK 516 F-AGA i Injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. Said 90 day limitation shall not apply to Injunctive or equitable relief against other violations of these covenants. Attorneys fees and costs shall be awarded to the prevailing party In any actlen to enforce these covenants In addition to any other damages, relief or remedy. ARTICLE XI -- GENERAL PROVISIONS 1. Covenants to Run All of the covenants contained In this Instrument shall be a burden on the title to all of the lands In the Subdivision, and the benefits thereof shall Inure to the owners of all of the lands in the Subdivision, and the benefits and burdens of all said covenants shall run with the title to all of the lands in the Subdivision. 2. Termination and Amendment of Covenants The covenants i contained in this Instrument shall terminate November I, 2035, or at the time of final corporate dissolution of the Association, whichever date shall first occur except that those provisions Incorporated herein by reason of a requirement of Pitkin County shall not so terminate. These covenants may be amended by 80$ of the owner(s) of the Lots according to a procedure set forth In the By -laws of the Association. A properly certifled copy of any resolution of amendment shall be placed of record In Pitkin County, Colorado, not more than six months after the date of said amendment. If these covenants are amended, then they shall continue in effect, as amended, for so 'long thereafter as may be stated In said amendment. No amendment which Is less restrictive than the provisions contained herein shall be effective unless consent thereto is obtained from the Board of County Commissioners of Pitkin County, Colorado. 3. Sever Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decisions shall not affect the validity of the remal ning covenants. 4. Paragraph Headings The paragraph headings in this Instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. G GOOF 7 -,5 APR, 21. 2005 14:05 GARFIELD & HECHT ATTACHMENT S Commitment for Tithe Insuranc Fidelity National Title Insurance Company A Stock Company f COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLLr INSURANCE COMPANY a Corporation, herein called the . Company, for a valuable consideration, hereby 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 r mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, _ upon payment of the premiums and charges therefor, all subject to the provisions of Schedule A and B r and to the Conditions and Stipulations hereof. _. 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 hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all f liability and obligations hereunder shall cease and terminate within six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall f not be valid or binding until countersigned by an authorized officer or agent. I_ IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of Its by- laws on the date shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY sec�t,ry Countersigned: Ln L. L L iOJ� APR. 21. 2005 14:06 GARFIELD & HECHT N0, 5995 P. 5 CONDITIONS AND STIPULATIONS 1. The term "mortgage ", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this r Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Cotnpany 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 or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 13 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. r- I . 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 of policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with C 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 i which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the Ptoposed Insured may have or may bring against the L Company arising out of die status of the title to the estate or interest or (he, status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. L. I- L L- �1 APR, 21, 2005 14 :06 GARFIELD & HECHT N0, 5995 P. 7 a SCHEDUI.R S - SECTION I REQUIREN EhlTS The following are the requirements to be compiled with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. f ITEM (b) Proper instrument(s) creating the estate or interest to be Insured must be executed and duly filed for record to -wit: I' 1. Release by the Public Trustee of the, r Deed of Trust from : ALFREDO BRENER and CELINA BRENER I to the Public Trustee of the County of PITKIN III for the use of : VECTRA BANK COLORADO, N.A. original amount :$2,999.000.00 dated : July 8, 2002 recorded :July 9, 2002 reception no. :469676 re- recorded : July 31, 2002 reception no. :470484 Duly acknowledged Assignment of the'Deed of Trust recorded July 9, 2002 as Reception No. f 469577 assigning the Deed of Trust to Aurora Loan Services, Inc.. I Duly acknowledged Assignment of the Deed of Trust recorded August 6, 2003 as Reception No. (( 486559 assigning the Deed of Trust to Mortgage Electronic Registrastlon Systems, Inc.. L 2. Release by the Public Trustee of the, Deed of Trust from :ALFREDO BRENER and CELINA BRENER to the Public Trustee of the County of PITKIN for the use of : VECTRA BANK COLORADO, NATIONAL ASSOCIATION original amount : $900,000.00 dated : July 9, 2002 recorded : July 12,2002 reception no. :469803 3- Duly executed and acknowledged Deed, ` L_ From : ALFREDO BRENER and CELINA BRENER To : GARY S. DAVIS 4_ Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Preserve certifying that there are no assessments for common expenses Which remaln unpaid or otherwise constitute a lien. on the subject property. C_ (Continued) L.. _ APR, 21. 2005 14;07 GARFIELD & HECHT N0.5995 P. 9 . SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued 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. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts Which a correct survey and inspection of the premises would disclose and which are 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 in 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, Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. l 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 1. 8. 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 and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded in Book 55 at Page 265, 55 at Page 561 and Book 314 at Page 666. 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Preserve Subdivision recorded August 12, 1986 �Y in Book 516 at Page 472, and amendments thereto recorded June 22, 19881n Book 567 at Page 88, December 1, 1988 in Book 579 at Pago 807 and April 21, 1993 in Book 709 at Page 499, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 10. Easements, rights of way and all matters as disclosed an Plat of subject property recorded in Plat f Book 18 at Page 84 and Amendment No. 1 recorded in Plat Book 20 at Page 34. l_.. 11. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded August 12, 1986 in Book 516 at Page 461. L ' 12. Terms, conditions, provisions, obligations and all matters as set forth In the Articles of Incorporation of ASPEN PRESERVE HOMEOWNERS ASSOCIATION recorded July 22, 1988 in Book 567 at Page 90. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the The Board of County Commissioners of Pitkin County recorded December 22, 1998 as Reception No. 425733 as Resolution No. 98 -213. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the The f Planning and Zoning Commissioner Pitkin County recorded March 17, '1998 as Rxeption No. l .. 414598 as Resolution No. 98 -04. (, (Continued) 'L 0 9j. APR. 21, 2005 14 :08 GARFIELD & HECHT ENDORSEMENT SCHEDULE FOR OWNERS POLICY N0.5995 P. 11 ATTACHED TO AND BECOMING A PART OF CASE NO: PCT19125F2 SELLER. f ALFREDO BRENER and CELINA BRENER BUYER: GARY S. DAVIS The following endorsements will be Issued in connection with the Policy to be Issued hereunder as referenced r above: ENDORSEMENTS: 100.31 For a fee of: $1177.00 For a fee of: $ For a fee of: $ For a fee of: $ For a fee Df: $ Exceptions Numbered 1, 2,3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number S is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION I$: $60.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence l • satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanids and maferialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fail • within any lien period as defined in the Statues of the State of Colorado„ and may result in additional premiums and/or fees for such coverage. ( NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR r TOWNHOME UNITS) L. APR, 21. 2005 14;08 GARFIELD & HECHT N0, 5995 P. 13 I i I ( VVIF I 1 1. L_. 1. f.. L L .. PITKIN�COUNTYTITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970 - 925 - 17661970- 925 -65 FAX TOLL FREE 877 - 217 -3158 ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020055778 REFERENCE:PCT19125F2 1GARY S, DAVIS APR. 21. 2005 14:09 GARFIELD & HECHT NO. 5995- P. 15 Fidelln National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non -public personal information ( "Personal Infotmation'j, and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. 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All requests must b made in writing to the following address: Privacy Compliance Officer. PidelityNationa] Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 ': or Services Ifwe provide you with more than one financial product or service, you may receive more than ane privacy notice from us. We apologize for any inconvenience this may cause you. 'UaUgq :L ATTACHMENT 6 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor /Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Receotion Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2009 Mill Levy 054 R012322 27371731 21.357 Owner Name and Address INDEPENDENCE PASS LLC 45 PECKSLAND RD GREENWICH, CT 06831 Legal Description Subdivision: PRESERVE Lot: SMITH THE SMITH PARCEL Location Physical Address: 74 NORTHSTAR DR ASPEN Subdivision: I PRESERVE Land Acres: 3.48000001907349 Land Sq Ft: OF 2010 Property Tax Valuation Information Actual Valu I Assessed Value Land: 6,000,00011 1,740,000 Improvements: 0 1 0 Total: 6,000,000]1 1,740,000 Sale Date: 10/4/2004 0 aP0'V Sale Price: 117 Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Tax Information Balance Due as of 6/25/2010 $0.00 Current Year Balance Due $0.00 Delinquent Years' Balance Due $0.00 Total Balance Due Tax Year Due In Tax + Special Assessment Amount 2009 2010 $37,161.20 2008 2009 $36,345.72 2007 2008 $34,858.00 2006 2007 $11,015.72 2005 2006 $10,490.62 Ton of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page 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 �;uri09 ATTACHMENT 7 Andy Hecht, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 11 June 2010 Suzanne Wolff, AICP Pitkin County Community Development Dept. 130 S. Galena St. Aspen, CO 81611 Dear Ms. Sullivan: This letter is to certify that I, Andy Hecht, representing Independence Pass LLC, owner of 74 Northstar Drive, give Stan Clauson Associates, Inc. and its staff permission to represent us regarding the application for Site Plan Review, Scenic Review, and other approvals as may be required for a residence at 74 Northstar Drive, otherwise known as the "Smith Parcel of the Preserve Subdivision." We have retained this firm to represent us in the application for this project. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clausen Associates, Inc. 412 North Mill Street Aspen, CO 81611 Tel(970)925 -2323 Fax(970)920 -1628 Very Truly Yours, Andy Hecht, Esq. for Independence Pass, LLC 00009 i ATTACHMENT 8 284 NORTHSTAR LLC C/O MSD CAPITAL LP 645 FIFTH AVE - 21ST FL NEW YORK, NY 10022 ASPEN PRESERVE HOMEOWNERS ASSOC PO BOX 4153 ASPEN, CO 81612 BARKSDALE JAMES L & SALLY M C/O BARKSDALE MGT 800 WOODLANDS PKWY #118 RIDGELAND, MS 39157 BERNARD THOMAS E & SALLIE M 281 NORTHSTAR DR ASPEN, CO 81611 -2811 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 GATES COMMUNITY TRUST 433 EL ARROYO HILLSBOROUGH, CA 94010 GOLD TRUST 300 ST PIERRE RD LOS ANGELES, CA 90077 00009" :- ('-1s 0Pre wv Barcer R�n Mo S m •R�remeab °B' "I "'" 00 ' f B /� f inch =500 feet Smith Preserve Parcel Parcel BOUiNanes e t Tregs IISFS I ��FeetP4`t" Srvdures I 0 350 500 300 Foot Variance `(e1 `ss ATTACHMENT 9 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and Independence Pass LLC (hereinafter "APPLICANT ") AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for Site Plan Review (hereinafter, the "PROJECT "). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32 -2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $1,560 which is based on 5 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director "APPLICANT" By: Andy Hecht, Esq. , Attorney for Applicant Print Name and Title (if applicable) Date: 11 June 2010 Mailing Address: Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 ATTACHMENT 10 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920 -5093 LOCATION: 74 Northstar Drive ZONING: AR -2 APPLICANT: Independence Pass LLC REPRESENTATIVE: Stan Clauson DATE: 6/9/10 E -MAIL: suzannew(fto.pitkin.co.us PID# 273717311012 SIZE: 3.48 acres EMAIL: causon@scaplanning.com Type of Application: Site Plan Review Description of Project/Development: The Applicant proposes to construct a single family residence and CDU. The Hearing Officer granted 1041 hazard review and scenic overlay review, and special review approval and GMQS exemption to construct a CDU (Determination No. 27- 2005). The Community Development Director approved amendments to the approval, pursuant to Administrative Decision Nos. 07 -2007 and 11 -2008. The Applicant submitted a building permit application prior to the expiration of the vested rights; the permit was issued in 2007. The permit expired due to inactivity, therefore, a new approval is required to proceed. Land Use Code Sections to be addressed in letter of request (application): • 2- 30- 20(g): Site Plan Criteria for Approval • 7- 10 -50: Site Plan • 7- 20 -10: Site Preparation and Grading • 7- 20-30: Water Courses and Drainage • 7 -20 -120: Scenic View Protection Areas • 7 -20 -130: Landscaping and Vegetation Protection • 7 -20 -140: Lighting • 7 -30: Roads, Driveways and Parking • 7 -50: Public Services and Utilities 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. Staff will refer the application to the following agencies: East Aspen Caucus, Preserve HOA FEES: $1,639 (make check payable to " Pitkin County Treasurer') • $1,560 Planning Office flat fee (non - refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312 /hour) $54 Public Notice Fee $25 Clerk Technology Fee 0UJa101 To apply, submit 1 copy 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" x 17" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual, 3. Technical Reports as designated in Section 2.1.12 of the Application Manual (as applicable) 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual 5. Engineering report addressing road design, water supply, wastewater disposal and other utilities and public services. 6. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 7. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 8. Consent from the owner of the property for the representative to process the application and represent the owner, 9. List of all property owners within 300' and mineral estate owners (1 copy). 10. Total fee for review of the application; 11. Signed fee agreement (1 copy); 12. Copy of this preapp form (1 copy) NOTES ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 11ULs(' -L PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on September 13, 2010, the Pitkin County Community Development Director granted approval for the Approving the Independence Pass LLC Site Plan Review (Case P051 -10; Deter. #69- 2010). The property is located at 74 Northstar Drive and is legally described as the Smith Parcel, Preserve. The State Parcel Identification Number for the property is 2737 -173 -11 -012. . 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 26, 2010. PUBLIC NOTICE RE: Independence Pass LLC Site Plan Review (Case P051 -10) NOTICE IS HEREBY GIVEN that an application has been submitted by Independence Pass Holding LLC (45 Peck Island Drive, Greenwich, CT 0683 1) requesting Site Plan Review approval to construct a single family residence and caretaker dwelling unit. The property is located at 74 Northstar Drive and is legally described as the Smith Parcel, Preserve. The State Parcel Identification Number for the property is 2737 - 173 -11 -012. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920 -5093. Published in the Aspen Times Weekly on August 1, 2010. Attention All Property Owners within 300' of the subject property 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 September 1, 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. SCANNM. County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITN IN COUNTY LAND USE CODE SECTION 2 -20 -100 I, Stan Clauson, being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by fast - class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on 21 July, 2010 (which is more than 15 days prior to the deadline of 1 September, 2010). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on 17 August, 2010, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Applicant's name Signa (Attach photograph here) Signed before me this } day of Q, 2010 by WITNESS MY HAND AND PFFICIAL SEAL My commission expires: —r 1 a 5 .a e r z T G1 S. 'IZ L- Notary Public t Notary Public's Signature retaker Dwelling Unit � a�r� ppTARtr••_�� • PUBLIC 0 by cwm aion Eom 0712712012 I o- '3 284 NORTHSTAR LLC C/O MSD CAPITAL LP 645 FIFTH AVE - 21ST FL NEW YORK, NY 10022 BERNARD THOMAS E & SALLIE M 281 NORTHSTAR DR ASPEN, CO 81611 -2811 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 ASPEN PRESERVE HOMEOWNERS ASSOC PO BOX 4153 ASPEN, CO 81612 GATES COMMUNITY TRUST 433 EL ARROYO HILLSBOROUGH, CA 94010 BARKSDALE JAMES L & SALLY M C/O BARKSDALE MGT 800 WOODLANDS PKWY #118 RIDGELAND, MS 39157 GOLD TRUST 300 ST PIERRE RD LOS ANGELES, CA 90077 10% 9G 9�n i V o. u� 7 W) kn M.i �i O O Y O N _ O 1f9 t+ h _ W a C A n ID Ki occ r - O rzA O nnz OHO k i1m(a ~ E OUm y E O z 3y n d � m r " U A µ E' O 1 Aa C�a j � m.T O� A U � 3 0 9 3 0 0 C3 0 0 w O � O O Ir O .n Ln rL Ln N 0 0 0 I 0 ' �I �¢ D oV / 3 oiv -mD ML-n Z. - �00 m _ - o D N m >wro Z i STAN CLAUSON ASSOCIATES INC \`\ e5 M landscape architecture. planning. resort design Ora North Mill Street Aspen, Colorado Wa 1.970(9 L970 /920 -i629 Info ®scaplanning.com www.scaptanning.com 4 May 2010 Mr. Lance Clarke, AICP Deputy Community Development Director Pitkin County 130 S. Galena Street Aspen, CO 81611 BY HAND and E -MAIL Re: Davis Property, Preserve Subdivislon— Vested Floor Area Issue Dear Lance: On 9 April 2010, In response to our request for the required Preappllcation Conference Summary to Initiate the reapplication process for 74 Northstar Drive, you responded by e-mail: "The allowed floor area Isn't the Issue, They would have 12,873 Sq. ft. ovatiable to them. It's the exemption from Growth Management that Is the Issue. The 2006 Code set the GM exemption cap in the UGB at 5,750 sq. ff. gross, regardless of the allowed floor area. That means that any floor area above 5,750 sq. 0. gross can only be obtained through GMQS or use ofTDRs." The basis for this determination is apparently found in the Land Use Code section which specifies that anew application must follow current code. Moreover, the code requires that all floor area in excess of the basic growth management exemption of 5,750 sq. ft. must use TDRs or request a growth management allocation of addiffonai iloorarea through theGMQS competition process. Support for this is taken from Sec. 2- 20.160 (b) (4) which states: Fora development approval that does not result Ina vested property light pursuant to Sec. 2 -20 -170, and fa a development approval for which a vested properly right has expired, the County may alter the terms and conditions applicable to the approval during the lapsing period. Only the creation of a vested property right provides assurance against changes in terms and conditions as set forth In C.R.S. 24- 6&101, et se I believe that this Interpretation is not applicable in the current Instance and that the properly Is eligible for an exemption from growth management. Applicable Documents Sec. 1-70 APPLICABILITY defines how the Growth Management provisions of the Land Use Code are applied in various instances. Sec. 1 -70 -20 (B) (3) deals with 'Vesting and Applicability Exemptions" and states: ) j 13 .off Mr. Lance Clarke, AICP is 4 May 2010 ,,... Page 2 Any County- approved subdivision ... that was approved in the Urban Area prior to the 5th of July, 2006, and that specified the It= area allowed In the development pennit shall be permitted to develop as originally approved, provided that: (a) The properly In Issue shall be allowed to be developed up to the floor area set forth In the underlying zone district or development permit, provided that the definlfion of floor area In effect at the time of the building permit shall apply as a rule of general applIcablllty. If floor area Is not limited by the zone district or was not specified In the development permit, the property owner shall be entitled to develop a single - family dwelling with up to five thousand, seven hundred fifty (5,750) square feet of floor area as set forth In Sec. 630 -100. Accordingly, there Is a clearexemption from Growth Management (I.e., an exemption from the need to purchase TDRs to build to the zoning limit), if the following two tests are met: 1. The property is part of a County- approved subdivision, approved in the urban area pdcrto 5 July 2006; and 2. There is a floor area set forth In the underlying zone district or development permit. In the case of the Smith Parcel, both tests are met: 1. County Approved Subdivision The Smith Parcel Is clearly part of the Preserve subdivision. The Preserve Subdivision SJ.A., dated 11 August 1986 and countersigned by the County, states: "Whereas, APL [Aspen Preserve Limited] has submitted to the County for approval, execution and recording a final plat of the Preserve Subdivision (hereinafter referred to as "the Preserve ") consisting of eleven (11) residential lots, the Smith Parcel, a gatehouse, common open space areas and a non development easement urea, on certain real properly in Pitkin County, Colorado, as more particularly described on'the final plat of The Preserve..." Moreover, the approved plat forThe Preserve, recorded with the Pitkln County Clerk at Book 18, page 84, clearly shows the Smith Parcel as part of The Preserve subdivision. The plat was approved by the County on 11 August 1986. 2. Stipulated floor Area —The 12,873 square foot floor area Is set forth In the Preserve Subdivision development permit Based on our discussion, I understand the County recognizes that the exemption contained in Section 1- 70(b)(3) applies when the allowed floor area is specified on the subdivision plat Itself. Section 1 -70(b) (3), however, is not limited to cases where the allowable floor area is specified In a subdivision plot. Instead, it allows for an exemption any time the allowable floor area is specified in a "development permit." A "development permit" is broadly defined under the Pitkin County 547247 -2 a J Mr. Lance Clarke, AICP 4 May 2010 Page 3 Land -Use Code to Include "m official action by any official council commission or board of the county having the effect of permitting development" Piildn County has previously recognized that the exemption contained in Section 1- 70(b)(3) applies when the allowable FAR Is specified in other types of development permits, including a subdivision improvement agreement, rather than the plat itself. Examples where PRIM County has recognized that the exemption contained in Section 1- 70(b)(3) applies where the allowable floor area Is contained in the subdivision Improvements agreement rather than the plat itself Include the Red Butte Ranch, the Stillwater PUD, the Hardy Subdivision, etc. In the case of the subject properly, the Subdivision Improvements Agreement reads as follows: 16. Permitted Floor Area Ratios APL and County agree that the floor area ratio (FAR) for the deveiopmentshall be consistent with the AF-2 Zone District FAR requirements set forth In the Pitkin County Land Use Code as they existed as ofthe date of adoption of Resolution No.85.106 ( Detalled Submission Approval). [Emphasis added] It is also worth noting that the staff memo for Detoiled Submission of the subdivision provided by Cindy Houben on 20 August 1985 discussed the cdgtnal request for 15,000 sq. ft. of floor area on each lot. Staff responded by stipulating a lower floor area amount based on recently adopted code amendments establishing a sliding scale for the AF-2 (now AR -2) zone district along with clustering provisions. The memo states: "These calculations Indicate that each lot is allowed a house of 12,873 square feet." it advocates this floor area be adopted rather than the original request for 15,000 sq. ft. This position was affirmed In the letter from Plitdn County Senlor Planner Rick Magill, dated 21 February 1997, and by a letter from Stan Clauson Associates to you dated 15 September 2004 agreed to by your countersignature (copies of both these documents are attached hereto). As such, there can be no doubt that both the underlying zone district and the development permit in its various forms (Detailed Subdivision Approval, Subdivision Improvements Agreements, and Staff responses) affirm that there "is there a floorama set forth In the underlying zone district or development permit." Conclusion The expiration of the Bullding Permit and a corresponding expiration of vested rights may have left the applicant with the need to follow the current land use code In submitting a reapplication for the previously approved project. Lapsing provisions provide that an activity envelope has a "lapsing period" of 10 years, which means that the established building envelope may not need to be reapproved as part of the application. This leaves the Site Plan Review process for the slightly revised building, along with Scenic Review. However, any such reapplication must be exempt from Growth Management requirements (i.e. TDR purchases), under Sea1-7020 (B) (3) (a)• 547247 -2 .D 4 Mr. Lance Clarke, AICP 4 May 2010 Page 4 I look forward to your ooncurrencewBh this analysis, and would be pleased to respond to any questions that may arise In yourrevlew of this matter. I would suggest that we get together to discuss the points once you have reviewed this letter so ]hat I may recelveyour response to person. I will call you to setup a meeting time that Is convenient foryou. Very truly yours, Stan Clauson, AICP, ASIA STAN CLAUSON ASSOCIATES, Inc, Attachments Cc: Gary Davis Andrew Hecht, Esq. 547247 -2 I_l STAN CULISO) Attachment 1 Planning - Urban Design Landscape Archaecture 7{•ansportation Studies Project Management 15 September 2004 Mr. Lance Clarke, AICP, Deputy Director Community Development Department Pitkin County 130 S. Galena Street Aspen, CO 81611 Re: Smith Parcel,. 74 Northstar Drive, Pitkin County Dear Lance: 200 FAST MAtn stun Amm. C toswoo 81611 Tm?Kow 970.925.2323 FA& 970.920.2628 E -WM; info @scaplenning.com WIN; . scnpl¢nning.com I am writing to confirm certain points of my discussion yesterday with you and Zoning Officer Joanna Schaffner relating to the current land use status of the Smith Parcel. Based on our discussion yesterday and the letter provided by former Senior Planner Rick Magill, the floor area assigned to the Smith Parcel is 12,873 square feet. This parcoL is within the designated Urban Orowth Boundary, which means that the property is eligible for 4,000 s.f. of below -grade floor area and 750 s.f. of garage floor area that does not count against the allowable floor area on the site. It is our understanding that the conditions of approval for "The Preserve" subdivision, including floor area allocations, height restrictions, and the establishment of view corridors, are independent of the Smith Parcel, and would not affect the review of the Smith Parcel. The parcel received 1041 Hazard Review and Scenic Overlay Review approvals in 1998, which have expired. In 2001, an extension of vested rights for these reviews was requested and denied by the Board of County Commissioners. This denial was without prejudice and reflected the common practice of the Board at that time to deny vested rights extension requests, except in unusual circumstances. A 1998 approval for a sixth bedroom was also granted, but is no longer required under the current code. The approval granted for a Caretaker Dwelling Unit (CDU) and subsequent agreement executed with the Housing Office are also void. However, an attached CDU no longer requires a special review approval, although a detached CDU still does. It is entirely optional for the property to include a CDU as part of its land use approvals. In summary, the parcel would be required to have new 1041 Hazard Review and Scenic Overlay Review approvals established before a building permit application could be submitted. This review would take place before the Pitkin County Hearing Officer, rather than the Board of County Commissioners. 4 �1-- PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS J Mr. Lance Clarke 15 September 2004 Page Two If these understandings are correct, I would appreciate your so indicating by counter- signing this document. It is understood that your agreement reflects provisions of the land use code at the current time, which may be subject to amendment in the future. ours, C s n, ACIP, ASLA STAN CLAUSON ASSOCIATES, LLC I have reviewed and concur with the points presented above regarding the current land use status of the Smith Parcel. Lanc C arke, DATE Deputy Community Development Director Pitkin County Cc: Joanna Schaffner h, G IL-ROM a fY .iMEW February 21,1997 Mx. Thomas Fenton Smith Austin, Pahu & Smith, P.C. 600 Fast Hopkins Avenue Aspeu, 81611 Re! Smith Parcol FAR Sep. 07 2004 09:47AM P1 m Dear Tom, After thorough review of the ptI6110 record 'and evidence submitted by you, Staff has determiued that the Smith parcel is eligible for up to 12,873 square feet of allowable floor area, as measured aceordirtg to Fitlda County methodology. Staff believes that this determination is consistent with Rnsolut 04 No. 85 -69 (adopting the AF-2 FIR sliding wale) and Resolution No. 85 -; 06 (Preserve Subdivision Detailed Submission approval). The PAR for tho Pxeser#e Subdivision is and was calculated in the:WaWing manner. i I t i i I 2 acre lot X 43,560 Sly d 87,12o SF (minimum lot size for AF -2 zone district) .Lot Size 1st 25,000 SF X tad 25,000 SP X balance - 37,120 SF X Total- 87,120 SF 7,356 SP (FAR for a lot meeting minhx inn lot area) The Staff now reen"io M .13 3,250-SF .09 - " 2,250 SF .05 1,856 SF 7,356 SFpor lot X 21 ',i2 (mmX; zoned density (number ofPrdserve Ui4 1.40.) of lots) I I 12,873 SF 154,476 ^�• `,�taureY t1 There is no inconsistency between the prior calculations made by Staff for the I1 undev oped lots'and fhe FAR allowable for the Smith parcel, the 12th lot In the Subdivision. ea; roaana Schht&,er (for fiIc) Sincerely, ' Rick M49i11,•Sehior planner Received Time Sep. 7. 10:30AM i i i 1" I .i i m Ito •- r e x OD C, O cool( 5 ! fi xw A THE PRESERVE SUBDIVISION oz C�7 SUDDIGf i bVE AGRTEM69T oA oe m y m � THIS AGREEMENT, made and entered Into this g day of -�{-. 1986, by and between ASPEN PRESER E LIMITED PARTNE a Delaware limited partnership (hereinafter referred to as "API."), and TIME BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "County "). W.I TNESSETH WHEREAS, APL has submitted to the County for approval, execution and ding a final [at of The Preserve, Su viso s �e_hg! pfet ed to as �� ►qtr I;#v � i 0f. a is tn� , - I -- ; ff a certain real property in Pltkfn - County, Colorado, as more described on the final plat of the The Preserve; and, WHEREAS, the County has fully considered the final plat of The Preserve ( "Final Plat ") and is willing to grant approval of and execute the same upon APL's .agreement to the obligations herein, all as required by the Pitkin County Land Use Code; and, WHEREAS, API. Is willing to accept these obligations and to enter Into this Agreement with the County to provide for the same; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto stipulate and agree as follows: 1. Central Water System. APL shalt construct a central water system according to tie spec catoins set forth at Exhibit A attached hereto. In addition, the design and construction of the water system shall comply with the applicable standards of the Pitkin County Environmental Health Department and the State of Colorado Water Quality Control Division and shall provide for fire hydrants to be located not less than three - hundred feet from each building enveloped designated on the Final Plat. 2. I-IlQhwav 82 Improvements. APL shall construct a deceleration lane as descrIb attac eThereto. 3. Construction of Private Road and Br__ldgge. APL shall construct the private roes an bridge as oca a on a n plat and In accordance with the specifications set forth at Exhibit A attached hereto. 4. Easements Within Private Roads. An easement for the bus turnaround as described on the Final Plat Ts dedicated pursuant to language thereon. Easements for maintenance of the Northstar Nature Preserve and mosquito control are dedicated in the Protective Covenants for The Preserve. 5. Construction of Bus Shelter, Bus Turnaround and'Gatehouse. APL shall remode and/or reconstruct a gatehouse n t e locat on of an existing S) GOOK 516 11 M I. -r)?- building shown on Figure A of the Detailed Submission Mapping. The gatehouse shall not exceed 800 square feet in Interior floor area, shall not exceed eighteen (18) feet In height and shall not be used as a residence. The gatehouse shall contain an area to be utilized as a bus shelter. The bus turnaround shall be constructed as. part of the Internal private road system and Its cost Is Included therein. The cost of the gatehouse Is estimated at $80,000.00 of which not more than $5000.00 Is attributable to construction of facilities for Its use as a bus shelter. 6. Electric Service. APL agrees to Install or guarantees Installation of electric power n - 'aim transformers as described at Exhibit A attached hereto. 7. Telophone Service. APL agrees to install or guarantee Installation of burled c str ut on cable and feeder facilities including pedestals as described on Exhibit A attached hereto. 8. Cable T.V. Cable T.V. service will be provided as described at Exhibit A attacli O Fereto. 9. Natural Gas. Natural gas service will be provided as described at Exhibit A attar a ereto. 10. Sewer System, APL will provide sower service as described at Exhibit A attar a ereto. The maintenance and ownership obligations of the system are defined In the Protective Covenants. 11. Fisherman's Easement. APL has dedicated a fisherman's easement along the - ftoarTny or River in the location Indicated on the Final Plat as "in- stream River Easement ". 12. Required APL agrees that prior to the issuance of a building perm -- lt�or any one of Lots 1, 2, 4, 8, and 9, adequate security will be provided to guarantee the Installation of landscaping for such lot as described or) sheet 2 of the Final Plat which has previously been submitted as the Landscaping Plan, Detailed Submission. The security for the landscaping will be in the form of a bond In the amount of the required landscaping costs, as may be reasonably required and acceptable to the County Attorney. It shall be the obligation of the person or entity seeking such building permit to provide said landscaping and any necessary security therefor. The estimated cost of the landscaping for each lot so affected is as follows; Lot 1 - 19 blue spruce trees, which will be installed on for Lot 1, $46,800.00 Lot 2 - 25 blue spruce trees, Lot 4 - 12 blue spruce trees, Lot 8 - 12 blue spruce trees, Lot 9 - 11 blue spruce trees, plus seven trees associated with Lot 1 Lot 4 by the building permit applicant $45,000.00 $21,600.00 $21,600.00 $19,800.00 13. View Plain an Height Ro__strictio APL agrees that Lots 1, 2, 4, and 8 sha a su ect'to a scen c v e p(aln restriction which prohibits the placement or encroachment of any structures within the designated view -2- 800K 516 p,At plain. The view plain is described on the Final Plat "View Plain Chart ". The Final Plat identifies the reference points described on the view plain chart 'and locates them on each of the affected lots. The view plain lies approximately 18 feet above the natural grade at each location on said lots from which the view plain is measured and described as points A, B, C, D, E and F. View points number 1, 2, 3, 4 and 5 have been established and are referenced on the Final Plat. At the time of building permit Issuance for the construction of a single family dwelling on Lots i, 2, 4, or 8, the applicant for said permit shall place a stake on the site Indicating the height of the proposed building at the location shown on the plat and designated with the appropriate letter (A through F) as applies to said lot. The stake shall be viewed from the View Point and following the bearing angle, zenith and distance as measured and described on the View Plain Chart. In no event shall the proposed structure encroach upon the view plain. Prior to the Issuance of a certificate of occupancy for said structure, the Building Department shall verify that no portion of the structure encroaches within the view plain as viewed from the View Point applicable to said lot and applying the bearing angie'zenith and distance set forth on the View Plain Chart. In the event any portions of the structure encroach upon the view plain, a certificate of occupancy shall not be Issued until the encroaching portion of the structure is removed. 14. Exterior Lic htin Guidelines. APL agrees that all exterior lighting shall comply w th the g it ng gu el nes as outlined by the County Exterior Lighting Guidelines and the Scenic View Plain criteria. 15. Flood lain Limitatlons. Except for such fill as is necessary for the construction, ma ntonance and repair of trails, roadways, bridge and drainage structures, no fill, Improvements or activities shall be permitted in the floodplain. The floodpiain Is described on the final plat as the 11 8026 Flood Line ". 16. Permitted Floor Area Ratios. APL and County agree that the floor area ratio or the development shall be consistent with the AF -2 Zone District FAR requirements set forth In the Pltkin County Land Use Code as they existed as of the date of adoption of Resolution No. 85 -106 (Detailed Submission Approval), 17. Em to ee Housing P.e ulrements. APL shall fulfill its employee housing requirements associate w t t e creation of t.ots 1 through 11 of The Preserve by payment to Pitkin County of "cash -in -lieu" for employee housing In the total amount of $100,000.00. Said sum shall be payable by a cash payment of $20,000.00 at the time of issuance of a building permit for each of the first nine (0) single family residences to be constructed within The Preserve Lots 1 -11. Said payment amount shall be Indexed to'the employee housing "cash- In -Ileu" cost of living Increase In effect at the time of issuance of the building permit for which the payment is made. 18. Park Dedication Fee. The park dedication fee for The Preserve lots shall U( -pa-Td sus regU57by the Pitkht County Land Use Code in effect on the date hereof. -3- 10 BOOTS 516 Pa. 184 19. Nature and Estimated Cost of im rovements. Except where specifically sae otherwise, s e a respons a or construction and Installation of all improvements required hereunder, The nature, extent and estimated cost of such- improvements shall be as set forth herein and on the schedule attached hereto as Exhibit "A" and Incorporated herein by this reference. In the event the cost of the contemplated improvements exceeds those estimated, APL shall be solely responsible for the higher cost thereof, 20. Construction Schedule. The subdivision and the Improvements provided for n t s greement may be developed and completed in phases. Provided however, a building permit for construction of a residential dwelling on a particular lot In The Preserve shall not be Issued until the construction of the appropriate road access, water, electric and telephone services, sewer services and other utilities as described herein have been commenced for such lot and the collateral security described in paragraph 21 below has been approved and accepted by the County Attorney. 21. Financial Assurances, APL's performance of the obligations described herein and on xh b t "A" of this Agreement shall be secured by collateral sufficient to make reasonable provision for the completion of said Improvements in accordance with design and time specifications. In order to secure APL's performance udder this Agreement, APL hereby restricts the lots against conveyance or transfer until such time as other specific collateral security or security agreements are approved and accepted by the County Attorney. Such security shall be equal In value to the cost of the Improvements riot yet completed in conformance with Exhibit "A" and this Agreement. As portions of the Improvements are completed, the County shall Inspect them and on approval and acceptance of such Improvements by the County, the County Attorney shall authorize the release of that amount of the security equal to the cost of that portion of the Improvements completed; provided, however, ten (i0 %) percent of the cost of the Improvements completed shall be retained until all improvements provided for herein are completed and approved by the County. In the event APL falls to perform Its obligations to construct the Improvements provided for In this Agreement in accordance with design and, time specifications and thereafter APL has not complied with the requirements of this Agreement within ninety (90) days after written notice from the County to do so, then APL shall be deemed In default hereunder. The security provided by APL shall give the County the unconditional right, In the event of default by APL and after thirty (30) days notice to APL or its successors or assigns, to withdraw funds on demand to pay for improvements to be completed by the County or pay any outstanding bills for work already completed by any party. Final •payment for any Improvements completed by the County shall be made only, after such have been Inspected and accepted by the County. In the event APL defaults hereunder and the County, by withdrawal of funds, performs the obligations of APL hereunder, the County, in good faith, shall be obligated to complete the Improvements in an economically efficient manner as is practicable, -4- com 516 pAur.4.65 22. Assi gnment. In the event APL does not market the individual lots or develop M oaTroperty referred to herein, APL may assign Its interest In the property to a third party who shall develop the property, or portions thereof, including the construction of tho Improvements contemplated hereunder, in accordance with and subject to the provislons of this Agreement. 23. Execution of Final Plat. APL's obligations to construct the Improvements contemp a[ed ereunder are expressly contingent on the County approving and executing the Final Subdivision plat of The Preserve, and the recordation of the same in the office of the Clerk and Recorder for Pitkin County, Colorado. 24. Covenants Runn with Land. All covenants, restrictions, conditions an oNga o I In contained, are covenants running with the land and shall attach and bind and inure to the benefit of APL and the County, their respective grantees, successors and assigns. 25. Captlons Titles or captions of paragraphs 'contained in this Agreement are tnsorted only as a matter of convenience and for reference, and In no way define, limit, extend or describe the scope of this Subdivision Improvements Agreement or to the intent of any provisions hereof. 26. Entire Agreement. This Subdivision Improvements Agreement constitutes ti fdll and comp agreement of the parties hereto and may not be modified except by a written agreement signed by the parties. IN WITNESS WHEREOF, the parties have executed this Subdivision Improvements Agreement the day and year first written above. ASPEN PRESERVE LIMITED PARTNERSHIP By Stephen Chefan, Sr.., General Partner THE BOARD COUFITY COMMIS S OF PITT 4 NTY, COL AD B y "L`Fia rman ATTEST By ourrty Clerk APPB9.V,ED AS TO FO By ttrtm t -" M hemas Fenton Smith ounty Attorney 1Z 80011 516 MAW STATE OF Flo(,% oA � COUNTY OF PA� ss. be gc,� The foregoing Instrument was acknowledged before me thiso2B L day of 198 b, by Q n CFIeF, as (6 pis l4arnq,( of ctiaeca�e ),r,,r c�cc�nccSh�Q Witness my hand and official sea My commission expires: Noomy taste, stria :l n'tva My Comeau:r. °'jK -T f:de ', t , STATE OF COLORADO ) ) ss, COUNTY OF PITKIN ) f The foregoing Instrument was ac before me this it day of 198A , by _� - VW. (Jlc�.,lJ„_. as Glinu..aa.. Witness my hand and official s8al. My commission expires: e )^ otar 4 Car. I -� Page 1 of 1 Suzanne Wolff From: Stan Clauson [stan @scaplanning com] Sent: Thursday, July 15, 2010 11:19 AM To: Suzanne Wolff Subject: Some interpretation of Davis Overlay Suzanne— Looking at a print version of the overlay, it may not be immediately clear as to the changes. Here are some highlights: 1. While the building is essentially in the same location in both the prior and current versions, the east - west axis has been shortened in both directions and many of the landscape related structures have been eliminated from the south elevation. 2. On the east elevation, the furthest extent of the building has been pulled in about 5 feet. 3. On the west elevation, the building has been pulled in about 10 feet and landscape elements such as wing walls have been pulled in as much as 25 feet. 4. On the south elevation, the swimming pool and associated structures have been eliminated, along with a landscape wing wall element. In general, landscape - related structures have been pulled back as much as 40 feet. 5. The south elevation is essentially unchanged. Taken together, the current plan creates no new impacts when compared to the one previously approved, but is considerably reduced in mass and scale. Thanks, Stan Stan Clauson, AICP, ASIA STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 N. Mill Street Aspen, Colorado 81611 It. 970/925.2323 f 970/920.1628 sf_a_nl^Ts Lamm com www_scalan co m 0 Please consider the environment before printing this email. CONFIDENTIALITY NOTICE. This a -mail may contain confidential and privileged mate naI for the sole use of the intended recipient(S) Any review, use, distribution, or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender smmed lately by e-mail and delete the message and any file attachments from your computer Information given or attached herewith is provided for informational purposes only. Stan Clausen Associates, Inc. cannot guarantee the accuracy of this data and assumes no responsibility for any liability incurred by the recipient from the use of this data. Any information used for engineering or surveying purposes must be verified by a licensed engineer or surveyor and can only be used if written permission is obtained from Stan Clauson Associates, Inc. Email secured by Check Point Ira 7/15/2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -- -- ----- -- - --------------- -- - - - - - - - - ---- - ------ ------ I - - - - - - I - - - - - - - - - - - - - - - - - - - - - -- - - - - - - ---- ---- - ----- L4 st IM or ;v 1 st IM PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 July 16, 2010 Stan Clausen 412 North Mill Street Aspen, CO 81611 clauson @scaplanning.com Re: Independence Pass LLC Site Plan Review (PID#2737- 173 -11 -012; Case# P051 -10) Dear Mr. Clausen: 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 August 1, 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 1 51 day of September, 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 17` day of August, 2010, which is at least fifteen (15) days prior to September 1, 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 MEMORANDUM To: East Aspen Caucus The Preserve Homeowners Association FROM: Suzanne Wolff, Community Development Department Suzanne.wolfCAeo.pitkin.co.us Re: Independence Pass LLC Site Plan Review (PID 2737- 173 -11 -012; Case P051 -10) DATE: July 16, 2010 Attached for your review and comments are materials for an application submitted by Independence Pass LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, September 1, 2010. http: / /www.aspenpitkin.com /Portals /0 /docs /county /Com %20Dev /Plannin /g Land Use Ap plications /P051 10 aympdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtler(.&co.pitkin.co.us or 920 -5109. Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00029490 Name: Garfield & Hecht Trust Acct 3 Date:7 /1/2010 Project Address: 74 NORTHSTAR DR Type: check # 5813 Permit Number Fee Description 0051.2010.PLAN PP- Flat Fee 0051.2010.PLAN PP- Clerk Tech Fee 0051.2010.PLAN PP- Public Notice Fee Total: Amount 1, 560.00 25.00 54.00 1,639.00 1 6 qy P "off �s .a e2 n, �x Independence Pass LLC Site Plan .� ` +� VcmBy MOp 74 Northstar Drive Sol TN PMCLIFL. m� Smith Parcel Preserve '� o�N s in - ce,,r ss.�. PRtZERVEStieahsiont- `- 4r: Pitkin County, Colorado { -- --- --- - -- -- -- --- - - -- -- - - - -- - a - -- -- -- -- ----- ------ - - - --- - - - ''- .� 11 a ` gip —� R ! �' - A >� - F2 scone eA,u�c t t - "- .• ! warm^ AIX jt .4 ..ir E -. ,ED N I I 9ai ' —wm ACV '�$>•`' � I .Ex 'sox :� f j i - ------- - - - - - - - - - - - -- r - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - t .�..- ", , :NF.� �4% 1 � DISCLAIMER Applicant acknowledges that he /she has been informed by Pitkin County of the existence of environmental hazard areas that might affect the property, any improvements, and the use and occupancy thereof. The provisions of the Pitkin County regulations do not In any way assure or imply that areas outside of designated hazard areas will be free from hazards or that approved mitigation measures will guarantee the safety of any property. Andrew Hecht, Esq., ARomey -in -Fact, Independence Pass, LLC PBKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL This Activity Envelope and Site Plan has been reviewed and approved by the Pitkin County Community Development Director this day of 2010 subject to the tees and conditions of Administrative Decision #69 -2010 recorded in the Pitkin County Clerk and Recorder's Office as Reception # 573534. FECEPTIONV S212d510 =2'34:0 a1 � l � =C <P 06PM'CF]X53100JanceR aLnr C.I 1 PRFin COJMy CO e« sa oc ae Community Development Director, CLERK AND RECORDER ACCEPTANCE FOR RECORDING This Acfivity Envelope and Site Plan has been accepted for filing in this office of the Clerk and Recorder of Pitkin County, Colorado, on this l� day of r—r7 , 2010, in Plat Book I V at Page Clerk r kind Recorder DeK-Ty ` ~S4 •'' , \ \ Note: This site plan replaces site plan \ \ recorded at 886, P59. '\ PID 7- 1 1'1311 C1z \\ fk Pn5l-ID Page 1 of 2 I i I 1 I I i i i 1 r �4% 1 � DISCLAIMER Applicant acknowledges that he /she has been informed by Pitkin County of the existence of environmental hazard areas that might affect the property, any improvements, and the use and occupancy thereof. The provisions of the Pitkin County regulations do not In any way assure or imply that areas outside of designated hazard areas will be free from hazards or that approved mitigation measures will guarantee the safety of any property. Andrew Hecht, Esq., ARomey -in -Fact, Independence Pass, LLC PBKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL This Activity Envelope and Site Plan has been reviewed and approved by the Pitkin County Community Development Director this day of 2010 subject to the tees and conditions of Administrative Decision #69 -2010 recorded in the Pitkin County Clerk and Recorder's Office as Reception # 573534. FECEPTIONV S212d510 =2'34:0 a1 � l � =C <P 06PM'CF]X53100JanceR aLnr C.I 1 PRFin COJMy CO e« sa oc ae Community Development Director, CLERK AND RECORDER ACCEPTANCE FOR RECORDING This Acfivity Envelope and Site Plan has been accepted for filing in this office of the Clerk and Recorder of Pitkin County, Colorado, on this l� day of r—r7 , 2010, in Plat Book I V at Page Clerk r kind Recorder DeK-Ty ` ~S4 •'' , \ \ Note: This site plan replaces site plan \ \ recorded at 886, P59. '\ PID 7- 1 1'1311 C1z \\ fk Pn5l-ID Page 1 of 2 s u ii -8 m� �a i fF � y-� ve ^. ACCESS ENVELOPE_ ________________ I s Ps4 \ DESIGNWORKSHOP PLANTING LEGEND \\ tea' • a M �l. .,yax s,rtts 4x Lafld a x Mnnetlw.. Leal UAm Unnpb • T Wfm v '\a` - , 5"3'LXYFA SxE 4 P m *. Afnrc.h.ne ��.J,��JM, !�f ^ "... il.'� �' -L �� .n ,Rl I 1 \\ aspen CobrFdo 31611 1 I . (9'n11-925 Fnu,mb(910, 920 -133] RyAyry pC _ FEVFNFII ?L _ f42 ' ^�. Cxs wL[s xwL xcic ., :Mi - 56FS ❑- VS•sNSST ` SITE PLAN \\ REVIEW I \\ \ \ PER HT# 1 > >ldJEl MlEF:0. l®4 LANDSCAPE SITE PLAN Page 2 of 2 , - I Iyy� HL VS'1PtQO MCM VnkI�EGE•A�L9 W'HFMw OJNt�4AOVED � 1 ii 0 0 Q V T4 amw:eMnY ain elne,RVh MMaei,v nepSma]wYn l,e W z eW9n3 mcY.¢e � a] LLJ RI%M LMMT'APVROVE08EED WF Llet.�r. .x vm - w ui YY An \W asi x �vw a+6 4, r. 2� ,wire 6nY�( �4� . ••,� l Jl -%�.Z' i � � 'sA..e ".•T,._♦ j { }°8n�. / i_ SETBACKS - - - ---- r ------------------------------ - - - - -- --------- W -_ l 14 P+` /–� _ __ QSCAPE A CT I V I TY 1 L______1____ =�6_ '�''— ____ _E ___________ ___________ P,r —1 I s Ps4 \ DESIGNWORKSHOP PLANTING LEGEND \\ t 'v6J ?'.::1 FVL dNG=EpM 'SHW "ty .,yax s,rtts 4x Lafld a x Mnnetlw.. Leal UAm Unnpb • T Wfm F`Wnnm9 Plmnmp , 5"3'LXYFA SxE 4 P m *. Afnrc.h.ne .Pm• m.$r. PAW.,. \ LgOIJJU4 9MK T+6..e. 1vA 1 \\ aspen CobrFdo 31611 1 aproFms. PnF s � 1 . a... (9'n11-925 Fnu,mb(910, 920 -133] RyAyry pC _ FEVFNFII ?L _ f42 ' ^�. Cxs wL[s xwL xcic ., :Mi - 56FS ❑- VS•sNSST ` SITE PLAN \\ REVIEW I \\ \ \ PER HT# 1 > >ldJEl MlEF:0. l®4 LANDSCAPE SITE PLAN Page 2 of 2 1-1.2 HL VS'1PtQO MCM VnkI�EGE•A�L9 W'HFMw OJNt�4AOVED � T ii 0 0 Q V T4 amw:eMnY ain elne,RVh MMaei,v nepSma]wYn l,e W z eW9n3 mcY.¢e � a] LLJ RI%M LMMT'APVROVE08EED WF Llet.�r. .x vm - w ui YY An \W asi x �vw a+6 4, r. W _ y.. W G I 1 I I Z V cr J 0 z a I L \ PFVSKFE \\ t 'v6J ?'.::1 FVL dNG=EpM 'SHW "ty 1 \\ - — 1 I \\ RyAyry pC _ FEVFNFII ?L _ I , \ SITE PLAN \\ REVIEW I \\ \ \ PER HT# 1 > >ldJEl MlEF:0. l®4 LANDSCAPE SITE PLAN Page 2 of 2 1-1.2