Loading...
HomeMy WebLinkAboutpitkin.planning.264327400008 (5) 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) DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ASPEN SUMNER CORPORATION 1041 HAZARD REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A CDU AND USE OF TDRS FOR ADDITIONAL FLOOR AREA UP TO 10,750 SQUARE FEET rr77 Determination No:-..01--2005 RECITALS 1. ( "Applicant ") has applied to the Pitkin County Hearing Officer ( "Hearing Officer ") for 1041 Hazard Review, Special Review and GMQS Exemption approval for a CDU to reestablish a 1041 approval and utilize TDRs for additional floor area up to 10,750 square feet. 2. The property is located on McClain Flats Road and is more specifically described in Attachment 3. The property is zoned RS -20 PUD and contains 13.186 acres. 4. The parcel received 1041 Hazard Review, Conceptual Submission, Special Review for additional floor area up to 10,750 square feet and Caretaker Dwelling Unit approval pursuant to Hearing Officer Determination No. 29 -2002 (Reception No. 470965). 5. The Hearing Officer heard this application at a duly noticed public hearing on October 18, 2005, at which time evidence and testimony were presented with respect to this application. 6. The Hearing Officer finds that the development is consistent with the Special Review criteria for a TDR receiver site and CDU, and applicable 1041 Hazard Review criteria of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Aspen Sumner Corporation 1041 Hazard Review, Special Review and GMQS Exemption to Utilize a TDR for Additional Floor Area up to 10,750 square feet and approve a Caretaker Dwelling Unit subject to the following conditions, which shall run with the land and be binding on all successors in interest. This approval replaces all previous conditions of approval in Hearing Officer Determination No. 29 -2002 (Reception No. 470965). 1. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan and Plat Amendment in accordance with Sections 5 -70 -040, 5 -40 and 5- 60 -040 of the Land Use Code. A principal and access envelope shall be depicted on the site plan encompassing all proposed development. Community Development shall approve the site plan prior to recordation. 3. Prior to submission of a building permit application, the Applicant shall: A. Obtain approval of an ISDS permit from the Environmental Health Department. The septic system shall be located within the approved building envelope and must comply with the 000001 C. II II I I III 011 59 s 15f 60.08 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 G porn /1//7/05- 0 setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. B. Obtain a fireplace /woodstove permit from the Community Development Department. C. Obtain an access permit for the driveway, which shall be reviewed and approved by the County Engineer. If the driveway exceeds 6 feet above or below natural grade within the setbacks, the Applicant shall submit and the Board of Adjustment shall consider a variance application prior to submission of the Access Permit. Parking or construction staging is prohibited on County roads or within the County road right -of -way. D. Submit a drainage and erosion control plan for review and approval by the County Engineer. E. The Applicants shall submit, for review and approval by the County Engineer, a Construction Management Plan in accordance to the Asset Management Plan. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights -of -way. 4. All structures shall comply with the standards and requirements of the Aspen Fire Protection District. 5. The Applicant shall comply with the following wildfire mitigation standards: A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum thirty -foot (30') perimeter around a structure built on flat ground. C. For a distance of 15 feet around all structures, vegetation shall be maintained at 6 inches or less in height. D. For a distance of 40 feet uphill and to the sides and 50 downhill from any structure, existing sage shall be mowed. E. For a distance of 100 feet in every direction, shrubby material shall be thinned. Shrubs shall be thinned so that clumps are no larger in diameter than 2 times the height. F. Existing trees shall be thinned for a distance of 100 feet around structures. Tree crown separation within this perimeter shall have a minimum of 30 feet between the edges of the crowns. All branches from trees within this perimeter shall be pruned to a height of 10 feet above the ground or half the total height of the tree, whichever is less. G. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. H. Remove deadfall within 100 foot perimeter shall be removed. I. The Applicant shall be responsible for the continued maintenance of the defensible space requirements. 6. The Applicant shall comply with the 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: i. All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 000002 11 11 110 M 11111111 Ilil III 5915 60:0E SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. iii. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. iv. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. v. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh Y inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Firewood /wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. G. Swimming pools or ponds shall be accessible to Fire Department vehicles. H. Fences shall be kept clear of brush and debris. I. Wood fences shall not connect to the structure. J. Fuel tanks shall be installed underground with an approved container. K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. M. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 7. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Fencing outside of the building envelope shall comply with the fencing regulations in the Land Use Code. B. Native vegetation shall be maintained outside of the building envelope as long as it complies with the wildfire mitigation stated above. C. The Applicant shall comply with the Pitkin County Wildlife Protection Codes for Waste Storage. Compliance With the condition shall be verified by Pitkin County Community Development prior to issuance of a certificate of occupancy. D. Fruit - bearing trees and shrubs should be avoided in any landscaping. 8. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and /or] development envelopes except wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building envelope, or access envelope. 9. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy No vegetation shall be damaged or removed outside the building envelope. 000003 II II 1111 II 111111 IIII II 517421 95 0510:08 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 0 10. The Applicant shall comply with the following caretaker dwelling unit standards: A. The unit shall not exceed 1000 net livable square feet. B. The kitchen shall contain at least a two burner stove with oven, standard sink, and at least a 6 -cubic foot refrigerator plus freezer. C. One off - street parking space shall be provided for the unit. D. A deed restriction for the caretaker dwelling unit shall be recorded prior to issuance of a building permit. E. Prior to Certificate of Occupancy for the caretaker dwelling unit, a site visit shall be conducted by the Housing Office. 11. Areas disturbed by construction of the driveway and installation of utilities shall be revegetated no later than one growing season after completion of work. 12. Pursuant to Ordinance No. 022 -2000, the Applicant are subject to the Fair Share Requirements and shall pay a road impact and affordable housing fees as calculated at the time of building permit issuance. 13. At time of building permit submittal, Applicants shall submit to Community Development the required executed, irrevocable certificates of a TDR, and a recorded deed evidencing the sale or transfer of the certificates to the lot owner, for additional floor area up to a maximum of 10,750 square feet. Floor area shall be calculated based on the definition in effect at the time of building permit submittal. 14. Prior to issuance of a building permit, the Applicants shall submit a landscape plan to Community Development for review and approval. 16 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 the Pitkin County Land Use Code § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on October 18, 2008. 111111111111111111111111111111111111111 II I a 574375:700 0 10:08 000004 • NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18 day of September, 2005. APPROVED ON THE 18TH DAY OF OCTOBER 2005. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Tinges Weekly on the &day of ('nv. , 2005. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: James R. True, Hearing Officer it Date f 2,5/0 1, Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: APPROVED ASTO John Ely, Cindy • ouben, County Al + Community Development Director Case #P172 -05 PID# 264327400008 5'17421 II IIIII V el /D 0000 0:08 SILVIR DAVIS PITKIN COUNTY CO 000005 G - >aaTA SCHEDULE A Order Number: 00024752 LEGAL DESCRJF77ON Parcel 1: A tract of land situated in Lot 16 of Section 27, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point whence the Southeast corner of said Section 27 bears S. 21 degrees 09 minutes 45 seconds E. 1865.00 feet; thence N. 68 degrees 09 minutes 15 seconds E. 370.08 feet to a point on the Westerly line of a 60 -foot roadway easement; thence S. 17 degrees 20 minutes 30 seconds E. 108.57 feet along the Westerly line of said 60 -foot roadway easement; thence S. 03 degrees 44 minutes 30 seconds E. 62.35 feet along the Westerly line of said 60 -foot roadway easement; thence S. 29 degrees 10 minutes 30 seconds W. 111.53 feet along the Westerly line of said 60 -foot roadway easement; thence S. 14 degrees 57 minutes 30 seconds W. 130.52 feet along the Westerly line of said 60 -foot roadway easement; thence S. 00 degrees 20 minutes 30 seconds W. 156.56 feet along the Westerly line of said 60 -foot roadway easement; thence S. 06 degrees 55 minutes 30 seconds E. 133.69 feet along the Westerly line of said 60 -foot roadway easement; thence S. 68 degrees 09 minutes 15 seconds W. 83.71 feet; thence N. 21 degrees 50 minutes 45 seconds W. 616.29 feet to the Point of Beginning. Parcel 2: A tract of land situated in Lots 16 and 17, Section 27, Township 9 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the Southeast corner of said Section 27 bears South 2I degrees 09 minutes 45 seconds East 1865.90 feet; thence South 68 degrees 09 minutes 15 seconds West; 708.98 feet to the Easterly line of the County Road; thence South 22 degrees 03 minutes 40 seconds East 538.13 feet along the Easterly line of the County Road; thence South 27 degrees 53 minutes 40 seconds East 78.60 feet along the Easterly Zine of the County Road; thence North 68 degrees 09 minutes 15 seconds East 698.70 feet; thence North 21 degrees 50 minutes 45 seconds West 616.29 feet to the point of beginning. County of Pitkin, State of Colorado. II II III II II 1111 1111 II 1 % 5/ 05 1 10:08 000006 SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 MEMORANDUM TO: Jim True, Pitkin County Hearing Officer FROM: Ezra Louthis, Planner RE: Aspen Sumner Corporation 1041 Hazard Review, Conceptual Submission, and Special Review for a Caretaker Dwelling Unit and a TDR Receiver Site for Additional Floor Area up to 10,750 square feet DATE: October 18, 2005 REQUEST: The Applicant is requesting 1041 Hazard Review and Conceptual Submission approval for construction of a single - family residence. The Applicant is also requesting Special Review approval for a Caretaker Dwelling Unit and the ability to use TDRs on the property for development up to 10,750 square feet. The property received 1041 Hazard Review, Conceptual Submission, and Special Review for a Caretaker Dwelling Unit and a TDR Receiver Site for Additional Floor Area up to 10,750 square feet approval in 2002 pursuant to Hearing Officer Determination No. 29 -2002 (Reception No. 470965), and the Applicant is essentially re -doing the approval for further vesting. APPLICANT: Aspen Sumner Corporation REPRESENTATIVE: Glenn Horn, Davis Horn Incorporated LOCATION: The property is located on the northeast side of McLain Flats Road. • ZONING/LOT SIZE: The property is zoned RS -20 and contains 13.186 acres. EXISTING CONDITIONS: The site is currently vacant. REFERRAL COMMENTS: This application was referred to, but no comments were received from the White Horse Springs HOA. STAFF COMMENTS: ENVIRONMENTAL & AESTHETIC STANDARDS (SECTION 3 -60): Preservation of Natural Landscape: The Applicant wishes to utilize two TDRs on the property. which would allow development to exceed 5,750 square feet of floor area. Large scale development as proposed will not be out of character with development that has already occurred in the area. Scenic Overlay /Scenic Quality: This property is not within a mapped scenic or ridgeline area. WATER RESOURCES (SECTION 3 -70): 000007 Historically Irrigated Pasture: Section 3- 70- 060(C), Irrigated Areas, states that land uses shall "insure the preservation of at least 95% of the acreage historically available for human food production, or hay, grain and other feed crops for livestock." This property is not agriculturally assessed nor is it an irrigated parcel. Drainage/Erosion: The Applicant has agreed to abide by all Pitkin County regulations for development to maintain historic drainage patterns and minimize erosion. 1041 HAZARD REVIEW (SECTION 3 -80): Wildfire: The property is mapped as low wildfire. Wildlife: This property is not mapped for wildlife habitat. Staff does not anticipate any negative impacts to surrounding wildlife habitat to result from development on the property. Geologic: The parcel is almost entirely comprised of slopes of less than 15% with the exception of a small ridge in the middle of the property, which is not included in the proposed building envelope. IMPROVEMENTS & SERVICES (SECTION 3 -110): Water & Sewer: The property will receive water from the White Horse Springs Water District. Sewage will be provided by an individual sewage disposal system on the property. Public Utilities: The property is within close proximity to already existing public utilities. Access: The property shall be accessed from a private driveway off McLain Flats Road. The Applicant shall be required to obtain an access permit from the County Engineer. Roads: There are no new roads that will be constructed as part of this development proposal. SPECIAL REVIEW FOR TRANSFER OF DEVELOPMENT RIGHTS (SECTION 3 -210): A Transfer of Development Right (TDR) may be approved from a preservation site within the Rural /Remote Zone District to any approved receiver site. Special Review pursuant to subsection 3 -210 -010 shall approve a receiver site for TDRs. The Applicant requests the ability to place two TDRs on the Aspen Sumner Corporation property for a combined residential square footage of 10,750 square feet. A. The special review use shall consider: 1. The applicable County Master Plan; Response: The only applicable master plan for the McLain Flats area is the Down Valley Comprehensive Land Use Plan. The document has identified the property as "Rural Residential ", which is characterized as non - irrigated land outside of critical wildlife winter range and migration corridors. These sites require careful site planning and are intended for low- density residential development for the preservation of rural character and enhancement of visual quality, agricultural operations, and wildlife habitat. The property is identified as a "visual resource" in the plan. The Applicant has attempted to hide potential development on the property to the greatest extent possible by partially situating the building envelope behind a natural ridge. 2 000008 2. County Land Use Policies in Article 2; Response: The Applicant agrees to comply with all the policies in Article 2 as outlined in the 1041 Hazard Review and Conceptual Submission sections above. 3. The intent of the Zone District in which it is proposed to be located; and Response: The intent of the RS 20 zone district is to "permit low density, single family residential development and customary accessory uses, while recognizing natural hazards, wildlife areas, etc." The zone was designed to encourage orderly development, clustering, rural lifestyle, and agricultural operations. Development on this property will not jeopardize agricultural activity in the area since the property is not currently used for agriculture. The proposal for one single- family residence will be low density and will promote the rural character of the surrounding properties. 4. The character of the immediate vicinity of the parcel proposed fcrr development and .surrounding land uses, or enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The proposed residence of 10,750 square feet is in character with development that has occurred in the immediate vicinity. B. The location, size, design and operating characteristics of the proposed special review use must he in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: The proposed development may impact the visual quality along the McLain Flats corridor but will not be out of character with the surrounding area. Staff believes that the McLain Flats area is an appropriate place to adsorb such impacts. C. There trust be adequate public facilities and services to serve the special review use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The residence will have a minimal impact on public facilities and services. D. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not: /. Materially endanger the public health, safety or welfare: and 3. Substantially injure the value of adjoining or abutting property. Response: There is no evidence to suggest that the proposal will endanger the public health, safety or welfare. There is no evidence to suggest that will it injure the value of adjoining or abutting properties. E. Limitations of Approval. 3 000009 Response: This application does not violate any limitation of approval. CARETAKER DWELLING UNIT: The applicant has agreed to comply with all the criteria stated in the Subsection 9 -1 10- 041(C)(2) including limiting the proposed CDU to 1000 net livable square feet, deed restricting the unit, and providing one off - street parking spot. RECOMMENDATION: Staff recommends approval of the Aspen Sumner Corporation 1041 Hazard Review, Conceptual Submission, and Special Review for a Caretaker Dwelling Unit and TDR Receiver Site subject to the conditions the attached draft Hearing Officer Determination. Attachments: 1. Draft Determination 4 000010 Davis Horn - July 18, 2005 PLANNING & REAL ESTATE CONSULTING Ezra Louthis Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Sumner Corporation 1041 Hazard Review, Special Review, Caretaker Dwelling Unit and GMQS Exemption Dear Ezra: Davis Horn Incorporated represents the Aspen Sumner Corporation in this request to "re -do" land use approvals for Lots 12 and 12A White Horse Springs (PID # 2643 274 00 008). The land use requests are identical to the application filed on March 12, 2002. Attached for your review and consideration are the following documents. 1. Pre - Application Conference Summary Sheet 2. Letter from Aspen Sumner Corporation Authorizing Submission of Land Use Application 3. Fee Agreement 4. Determination of the Hearing Officer Approving the Aspen Sumner Corporation 1041 Hazard Review, Conceputal Submission, and Special Review for Caretaker Dwelling Unit and TDR Receiver Site (Determination # 29 -2002) 5. Approved & Recorded Aspen Sumner Corporation 1041 Hazard Review Site Plan 6. Proof of Ownership and List of Adjacent Property Owners 7. March 12, 2002 Land Use Application Please contact me if you need any additional information. Thanks for your assistance. Sincerely, DAV S ORN INCORPORATED GLE HORN AICP ALICE DAVIS, AICP 1 GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 0 0 0 011 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY DATE: April 18, 2005 PROJECT: Aspen Sumner Corp. 1041 Hazard Review, Special Review & GMQS Exemption for Additional Floor Area LOCATION: Lot 12 and 12A White Horse Springs (Parcel ID: 264327400008) ZONE RS -20 PUD APPLICANT: Steve Garcia Steve garcia ?ivahoo.com PLANNER: Ezra Louthis Tel: 920 -5092 1. Type of Application: 1041 Hazard Review Special Review and GMQS Exemption for additional floor area through the use of TDRs. 2. Description of Project /Development: The Applicant is requesting 1041 Hazard Review approval, and Special Review approval for this parcel to become a TDR receiver site. The parcel received 1041 approval previously in which the vesting has expired. 3. Areas in which the Applicant is requested to respond, types of reports: • Section 3 -80, 1041 Hazard Review • 3 -80 -70 Wildfire • Section 3 -210, Special Review for a TDR Receiver Site; • Section 3 -310, TDRs; 4. Review is before: Hearing Officer 5. Public Hearing: Yes, at Hearing Officer. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public hearing. 6. Will be referred to: Whitehorse Springs HOA 7. What fees was the applicant requested to submit: - Planning Office $2240 Flat Fee (1041 Redo, etc., 10 hours of staff time) - Public Notice Fee $50 - Total Fee at Submittal $2,290 (Non - Refundable) - Fees for Hearing Officer at $175/hr. - If the staff time exceeds 12 hours, the Applicant will be charged at $224 per hour beyond 10 hours. 8. To apply, submit 3 copies of the following information, unless otherwise noted (please use double sided copying when possible): • Letter of request describing project and addressing Code Sections listed above; • 24" X 36" folded Site Plans (please see site plan requirements); • Proof of ownership including legal description (1 copy); • Floor plans and elevations (if available); • Wildfire Report and recommendations (if desired); • Agreement to Pay Form (1 copy); • Consent letter from owner authorizing the representative (1 copy); • Previous Land Use approvals; • Total payment for review of the application; • Copy of this pre- application form (1 copy); PLEASE NOTE: This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon complete review of the application. 000012 Jul 18 05 11:08a YUSEM / HORN 970 925 -5180 p.3 • 2 Aspen Sumner Corporation c/o Steve Garcia 201 North Mill Suite 103 Aspen, Colorado 81611 July 18, 2005 Ezra Louthis Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Authorization Letter Dear Ezra: This letter authorizes Davis Horn Incorporated to prepare and submit a 1041 Hazard Review, Special Review for a TDR receiver site for the Aspen Sumner Corporation lot. The lot is described as lots 12 and 12 A White Horse Springs (PID # 2643 274 00 008). Thank you for your assistance. Sincerely, Steve Garcia ` Aspen .- ••••. Corporation Louthis.35 3 000013 Jul 18 05 11:07a YUSEM / HORN 970 925 -5180 p.2 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT. AGREEMENT FOR PAYMENT O LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and A Sr r S "` r. in ee C r • (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for 1044 l H ca z-ta r4 Real Ct° 1 Specs w\ RtU i ataJ (hereinafter, THE PROJECT). F.�• - t - oa. a et- «.xc S re 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011 -2005 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 fu1L the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees_pprior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $l-Z O which is based oat-hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT <sr re VC re- G.,__ ie. 5.A. n . • r Co; p. Cindy Houben P "R 1�' Community Development Director � Sidi Date: - 1 1 Mailing Address: 2O 1 10 P-+ 1 l Es r S LA. t-rt. 1 A Apca. c v Effective 5/25/05 I G:cuuntyladminllorms\agrecmenl to pay 2 000014 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ASPEN SUMNER CORPORATION 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT AND TDR RECEIVER SITE Determination No.B -2002 RECITALS 1. The Aspen Sumner Corporation (hereafter "Applicant ") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer ") for 1041 Hazard Review approval to establish a building envelope to construct a new single-family residence, caretaker dwelling unit and associated accessory structures. 2. The Applicant has also applied to the Pitkin County Hearing Officer for Special Review approval for a Caretaker Dwelling Unit and the ability to utilize the Aspen Sumner Corporation property as a Transfer of Development Right (TDR) receiver site 3. The property is located along McLain Flats Road, and is more specifically described in Exhibit A. 4. The property is zoned RS -20 and contains 13.186 acres. 5. The Hearing Officer heard this application at a public hearingon July 16, 2002, at which time evidence and testimony were presented with respect to this application. 6. The Hearing Officer finds that the development avoids wildlife habitat areas, avoids slopes in excess of 30 percent, and is located in a low wildfire hazard area. 7. The Hearing Officer further fords that the request for a Caretaker Dwelling Unit and the utilization of the Aspen Sumner Corporation property as a TDR receiver site is appropriate considering compliance criteria in Code Section3- 210 -020. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Aspen Sumner Corporation 1041 Hazard Review, Conceptual Submission, and Special Review for a Caretaker Dwelling Unit and TDR Receiver Site subject to the followirg conditions which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 000015 11111 �I 111 �I 1111111 0965 6t 24A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Determination No,\ -2002 Page 2 2. Prior to submittal for any building permits, the Applicants shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in accordance with Section 5 -70 -040 of the Land Use Code. The site plan shall also be submitted in digital format for integration in to the County Geographic Information System (GIS) prior to submission of a building permit. 3. A septic permit shall be obtained from and approved by the Environmental Health Department, prior to issuance of a building permit. The septic system shall be located within thebuilding envelope or the designated septic envelope. The system must comply with all minimum horizontal setback requirements between its components and physical features. The system must be designed by a qualified professional engineer. 4. A fireplace/woodstove permit shall be approved by the Environmental Health Department prior to issuance of a building permit. 5. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the croons of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The applicant shall comply with the following additional wildfire mitigation standards: A. Roofing: New roofs shall have a non - combustible roof covering on a class A, assembly roof system. Wood shake /shingle roof coverings and flat roofs (up to a 3:12) pitch are prohibited. B. Vents shall be screened with corrosive resistant wire mesh with mesh' 'A inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5 t ll ll II II II I, CO !I 1 I P1 0 000016 R 0 0.00 Determination No.a9 -2002 Page 3 F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood /wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the samestandards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigaion 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. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. P. Utility lines shall be buried. 7. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and /or] development envelopes unless otherwise specified in this document, such as necessary wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building, or access driveway 8. Prior to application for building permit the applicant shall provide for review andapproval of the County Engineer a trip generation and construction trip generation study for any free market residential structure of 5,000 gross square feet or greater. This study shall be developed by a traffic engineering consultant hired by the applicant and pre- approved by the County Engineer. 9. Construction parking and material storage are prohibited on McLain Flats Road. 10. The Applicant shall comply with the following conditions for the Caretaker Dwelling Unit: A. The unit shall remain less than 700 net livable square feet. B. The kitchen shall contain at least a two burner stove with oven. standard sink, and at least a 6 -cubic foot refrigerator plus freezer. C. One off - street parking space shall be provided for the unit. D. The unit shall have a separate entrance that is not part of the principle residence E. A deed restriction for the caretaker dwelling unit shall be recorded prior to issuance of a building permit. F. Prior to Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall conduct an inspection of the unit for compliance. 11. Floor plans of the caretaker dwelling unit shall be provided to the Housing Office prior to building permit approval. 470965 �" !WPU 111111111111 0 0 0017 0 13. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. 14. In order to develop the property to the requested 10,750 square feet, the Applicant shall su>render two (2) original Certificates of TDRs and a copy of the deed evidencing the Applicant's acquisition of the Certificates. Surrendering of these Certificates shall represent the Applicant's ability to develop an additional 5,000 square feet of floor area, at which time development on the property shall be limited to a maximum of 10,750 square feet of floor area (including the caretaker dwelling unit). 15. The Applicant shall depict in the site plan a "septic envelope" down -slope of the approved building envelope in order to accommodate an individualized septic system. Community Development shall approve the septic envelope prior to recordation. No development other than the installation of a septic system shall be allowed in the approved septic envelope. 16. 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, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on July 16, 2005. I47 09 IIIIIIIIIIIIIIIIIIIII\ 4/:20:0.f20: 1.248 II SILVIA DAVIS P4ITKIN COUNTY CO p 000018 Determination No. 2'1-2002 Page 5 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 15th DAY OF JUNE 2002. APPROVED ON THE 16TH DAY OF JULY 2002. PUBLISHED AFTER ADOPTION OR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON ! , • • is . 1 ATTEST: HEARING OFFICER OF PITKIN COUNTY, COLORADO Isabel Calderon mes R. True Administrative Assistant Hearing Officer / Date: Yi cl (&Z APPROVED AS TO FORM: APPROVED AS TO CONTENT: •r Cindy John n, j minty Attorney Community Development Director Case #P055-02 PID# 264327400008 1 8 70965 6 1 24q Page: 5 of R 0.00 D 0.00 000019 N.- SCHEDULE A Order Number: 00024752 -a�0� &TJ.mtUPrn&J tD LEGAL DESCRIP77ON Parcel 1: A tract of land situated in Lot 16 of Section 27, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point whence the Southeast corner of said Section 27 bears S. 21 degrees 09 minutes 45 seconds E. 1865.00 feet; thence N. 68 degrees 09 minutes 15 seconds E. 370.08 feet to a point on the Westerly line of a 60 -foot roadway easement; thence S. 17 degrees 20 minutes 30 seconds E. I08.57 feet along the Westerly line of said 60 -foot roadway easement; thence S. 03 degrees 44 minutes 30 seconds E. 62.35 feet along the Westerly line of said 60 -foot roadway easement; thence S. 29 degrees 10 minutes 30 seconds W. 111.53 feet along the Westerly line of said 60 -foot roadway easement; thence S. 14 degrees 57 minutes 30 seconds W. 130.52 feet along the Westerly line of said 60 -foot roadway easement; thence 5. 00 degrees 20 minutes 30 seconds W. 156.56 feet along the Westerly line of said 60 -foot roadway easement; thence S. 06 degrees 55 minutes 30 seconds E. 133.69 feet along the Westerly line of said 60 -foot roadway easement; thence S. 68 degrees 09 minutes 15 seconds W. 83.71 feet; thence N. 21 degrees 50 minutes 45 seconds W. 616.29 feet to the Point of 3eginning. Parcel 2: A tract of land situated in Lots 16 and 17, Section 27, Township 9 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the Southeast corner of said Section 27 bears south 22 degrees 09 minutes 45 seconds East 1865.90 feet; thence South 68 degrees 09 minutes 15 seconds West; 708.98 feet to the Easterly line of the County Road; thence South 22 degrees 03 minutes 40 seconds East 538.13 feet along the Easterly line of the County Road; thence South 27 degrees 53 minutes 40 seconds East 78.60 feet along the Easterly line of the County Road; thence North 68 degrees 09 minutes 15 seconds East 698.70 feet; thence North 21 degrees 50 minutes 45 seconds West 616.29 feet to the point of beginning. County of Pitkin, State of Colorado. !IIIQI 08/14/2002 11:24,1 R 0.00 D 0.00 000020 0 0 0 0 N N Th gi Y 3 t4#V A7ri KCb4D I li q •" ,22.0,40 VI y J l i t � 4 't 7"n > Es t m y ; f ; ' G O a ∎ ai . S s ��— ��• ~vy T l � � / II � ; 1 1 a I -0 � . 0_ 1 i 1. ' Y 3 ■ ') NCI ' C ■ D o § �� —� � � 0 Go Li— n R•• , atimy i V \ 4 * Z-- h ' 4 1 m cR * • +�• � Z 441 CO > 4011 . I - N f � 0 z rll O �_ �` 2630. 4 i O a DNN j N °° =. A � ' ' aS o \\\\ \ / A �sd' r Q� SI � ' � Q u '� 1 �1 1 RR e, 9 ti = o � �j � a \ �,,, 412 .35- , 1 k t' Jl7 Zd'3OE . ©-:Lief --__ --------- „:, ; F C rTi (giggi ;Ta . OPIlIM I P -6 a -n -y 0 CL v -n 4;R4A N C G , - _ j f O G 11Se3P3V 'U to in ry Z rn 3 ii 1 "'• y rf R ril 4 91q VA;' a ....1 ii q • ME 9 P q R -I t 44W Wg rn - 3 0 ft r d e 2 6- ( Al lAR '2 R E! 6 . 0 g� 10 rn O p - ;8 1111 "4 "Cid K 1 ! P `s . U BIZ e Q P -F'64 S 1 - i 04.;---, R ;giir - , 5 � $s8' Oe ir b o, ? = 6 Zs Cc a g - Z� 2 m R T r n ifrA AN y ,, PROPERTY PROFILE Account: R006238 Account Type: 0000 Tax Year: 2005 Version: 20050414000 Parcel: 264327400008 Area ID: 009 Mill Levy: 25.035000 APR District: 105 Estimated Tax: 29,040.60 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description ASPEN SUMNER CORPORATION 'SUB:WHITE HORSE SPRINGS BLK:2 LOT:12 & LOT:12A PO BOX 7875 SECT,TWN,RNG:27 -9 -85 DESC: TRACT OF LAND IN LOT 16 CONT 3.0 AC IN BK 224 PG 481 A TRACT OF LAND IN LOTS 16 ASPEN, CO 81612 & 17 10.00 AC M/L DESCRY M/B BK 198 PG 512 IN BK 200 PG 147 BK 282 PG 844 RECEIVED Property Location U1 • J UL 1 8 2005 MCLAIN FLATS RD ASPEN, CO 81611 Pittk?4'F ardi xy Assessor A ssessment intormation Actual I Assessed SQUARE FEET I Acres I Taxable Tax Year: 2005 Land 4,000,000 1,160,000 0 13.180 Improvements 0 0 0 Exempt Total 4,000,000 1,160,000 1,160,000 Tax Year: 2004 Land 2,900,000 841,000 0 13.180 Improvements 0 0 0 Exempt Total 2,900,000 841,000 841,000 PITKIN COUNTY 000022 r✓ 0 co zA co U .�` co C °i.1 a 8 #' y iii -J N N UJ = a 3g E LIJ a c o J 1 a 1 lip 2¢ a 0 0 0 o U a K 3 a re a l ! _ g E$ - • oil � • I • , • ________ __ • \ 1 • • I I I • , • 6 14 • . • • • • t ill' / / -2'1/2 " :/// To • . • ._ I I • • • • 000023 PFEIFER CHRISTOPHER M PRUTER DONALD E & VICKIE ANNE K & R PROPERTIES OF ASPEN LLC P O BOX 7875 PO BOX 50 15852 N 81ST STREET ASPEN, CO 81612 -8572 PRINCETON, IA 52768 SCOTTSDALE, AZ 85260 264327400002 264327400003 264327400007 2075 MCLAIN FLATS ROAD LLC VASILS LP LPV PROPERTIES LLC C/O WILLIAM MOSKOSS 520 E DURANT AVE #1108 PC) BOX 3042 ASPEN, CO 81611 11960 WESTLINE INDUSTRIAL DR ASPEN, CO 81612 264327400010 STE 180 264327401002 ST LOUIS, MO 63146 264327400011 000024 PFEIFER CHRISTOPHER M PRUTER DONALD E & VICKIE ANNE K & R PROPERTIES OF ASPEN LLC P O BOX 7875 PO BOX 50 15852 N 81ST STREET ASPEN, CO 81612 -8572 PRINCETON, IA 52768 SCOTTSDALE, AZ 85260 2075 MCLAIN FLATS ROAD LLC VASILS LP LPV PROPERTIES LLC 520 E DURANT AVE #1108 C/0 WILLIAM MOSKOSS PO BOX 3042 ASPEN, CO 81611 11960 WESTLINE INDUSTRIAL DR STE ASPEN, CO 81612 180 ST LOUIS, MO 63146 000025 f y • Davis Horn- PLANNING & REAL ESTATE CONSULTING March 12, 2002 Ezra Louthis Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: The Aspen Sumner Corporation: McLain Flats Road Property 1041 Hazard Review, Conceptual Submission and TDR Floor Area Bonus (Parcel ID: 2643- 27400008) Dear Ezra: Davis Horn Incorporated represents the Aspen Sumner Corporation, the applicant in this land use application. The applicant owns a 13.186 acre property located off McLain Flats Road zoned RS -20 and is seeking 1041 Hazard Review, Conceptual Submission, TDR floor area intensity bonus and Caretaker Dwelling Unit approvals for this property. Attachment 1 includes a vicinity map showing the location of the subject site and the surrounding area. This land use application includes the following sections: * Site Description; * Project Description; * Land Use Approvals; * 1041 Environmental Hazard Review; * Transfer of Development Rights; * Special Review of TDR Receiver Site; * Incentive for Development Utilizing TDR's; * Special Review for a Caretaker Dwelling Unit; and * Summary. SITE DESCRIPTION The subject property is a vacant, 13.186 acre parcel located on the corner of McLain Flats Road and a private driveway which accesses other homes including the Kenneth Moore properties and Chris Pfeifer home. The parcel is approximately four miles from downtown Aspen. The site is roughly rectangular in shape and is essentially flat with one small dry ridge in the middle of the property. See Attachment 1 for a map of site vicinity. 000026 ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 s - I WO Ezra Louthis March 19, 2002 Page 2 PROJECT DESCRIPTION The applicant is requesting approvals to build a new, 10,750 square foot single family home, a caretaker dwelling unit, garage and accessory uses. If approved, the residence would utilize two TDRs to increase the size from 5,750 square feet to 10,750 square feet. The home will be built within the proposed building envelope depicted on Attachment 1, the Aspen- Sumner Corporation 1041 Hazard Review Site Plan LAND USE APPROVALS The following sections address the land use approvals identified in the pre- application conference. The pre - application conference summary sheet appears as Attachment 2. Land Use Code standards appear in bold followed by statements demonstrating Code compliance. The applicant is seeking the following land use approvals: 1. 1041 Hazard Review; 2. Compliance with Land Use Policies and Standards as required for 1041 and Special Review of TDR Receiver Site; 2. Transfer of Development Rights; 3. Special Review of TDR Receiver Site; 4. Incentive for Development Utilizing TDR's and 5. Caretaker Dwelling Unit 1041 ENVIRONMENTAL HAZARD REVIEW Geologic and Wildfire Hazards are the two environmental hazards that impact the subject site. These are addressed below. Geologic Hazards - Slopes in Excess of 15 Percent Attachment 1, the Aspen Sumner Corporation 1041 Site Plan for the subject property, gives the topography of the building and access envelopes. The surveyor has noted on the Site Plan that the slopes in the building and access envelopes are less than 15 percent in grade. As a relatively flat parcel, the geologic hazard is minimal. There is one small dry ridge in the middle of the site and that has been avoided for development, but will be used to partially screen or buffer the views of the proposed home from McLain Flats Road. No development will occur on slopes over 15 percent in grade as there are none in the building or access envelopes. 000021 { Ezra Louthis March 13, 2002 Page 3 Wildfire The subject site is mapped as a low to moderate wildfire hazard area. The applicant will comply with all reasonable recommendations of the Colorado State Forest Service or Pitkin County pertaining to the mitigation of wildfire hazard and defensible space guidelines for mitigating wildfire hazards. LAND USE CODE POLICIES AND CORRESPONDING STANDARDS The following sections demonstrate consistency of the proposed home with County Code policies and corresponding standards. In cases where a policy has a corresponding standard, the standard is referenced. We have addressed these policies and standards as required for the 1041 Environmental Hazard Review and as required for the Special Review for the use of TDR's. Policy 2 -10 Community Balance The proposed home with a 5000 square foot TDR floor area intensity bonus addition is consistent with the Community Balance policy. The CDU (to be included in the square footage for the home) will provide a place for local employees to live. Policy 2 -20 Comprehensive Plan This policy is not applicable. Policy 2 -30 Conformance with Comprehensive Plan The subject parcel is within the boundaries of the area covered by the Pitkin County Down Valley Comprehensive Plan. Please refer to the Pitkin County Down Valley Comprehensive Plan Future Land Use Map in Attachment 3 which designates the subject as RR - Rural Residential. The Plan envisions residential development in the RR district and on the subject parcel. Please also refer to Attachment 4 which presents Figure 4 from the Down Valley Comprehensive Plan, site planning guidelines for the RR and Agricultural Wildlife Reserve Districts. The applicant will adhere to and comply with the intent of these development guidelines. The proposed home and accessory uses are in conformance with the Plan. Policy 2 -40 Growth Rate: Phasing of Public Services and Facilities; Section 3 -140 Non -Metro Area Residential and Tourist Accommodations and Metro and Non -Metro Commercial Growth Management Quota System Allotments; and Section 3- 150 Metro and Non -Metro Area Growth Management Quota System Exemptions. The proposed request will have no impact on this policy. As a lot created prior to 1972, the development of the subject site has been anticipated as part of all County growth studies and plans. The parcel has a metes and bounds legal description and is part of the White Horse Springs Subdivision. The parcel was created prior to subdivision regulations which were adopted June 12, 1978. Attachment 5 is a non - merger letter certifying that the subject was created prior to 1972 and has not been held in common ownership with an adjacent parcel since 1972. 00002d 41 Ezra Louthis March 13, 2002 Page 4 Policy 2 -50 Development or Expansion of Ski Areas This policy is not applicable to the application. Policy 2 - 60 Compatibility with Existing Adjacent Neighborhoods The subject will be quite compatible with the surrounding neighborhood and existing uses. Homes similar to that proposed are found in the immediate vicinity and similar homes in the subdivisions of Starwood, White Star Ranch and Star Mesa are nearby. There are three houses adjacent to the subject including the Kenneth Moore properties and the Chris Pfeifer house. In planning the building envelope for the subject site, the neighbors' views and view planes were carefully considered. As a result, the construction of the proposed subject residence should have minimal impact on neighboring properties. Policy 2 - 70 Conformance with other Laws The house will be in conformance with all applicable laws of the United States of America and the State of Colorado. Policy 2 -80 Natural and Man -made Hazard and Resource Areas Section 3 -80 -040 Floodplain Hazard Areas Section 3 -80 -070 Wildfire Hazard Areas Section 3 -90 -050 Site Selection Rapid or Mass Transit Terminal, Stations and Fixed Guideways Section 3- 100 -040 Areas Around Rapid or Mass Transit Terminals The applicant is requesting 1041 approval as part of this application and the Natural and Mad - made Hazards were more fully discussed in the previous section of this application. There are no wildlife or flood plain impacts on the site and geologic hazards are minimal as the building and access envelopes are essentially flat with no slopes in excess of 15 percent. The applicant will agree to abide by any reasonable wildfire mitigation measures. The intension of the applicant is to avoid or mitigate all hazards in compliance with County requirements. Policy 2 - 100 & Section 3 - 70 - 030 Drainage The applicant will submit drainage plans as required by Pitkin County in association with a building permit application. Policy 2 - 110 & Section 3 - 70 - 040 Erosion An erosion control plan will be submitted as part of the building permit application. Policy 2 - 120 & Sections 3 - 60 - 040, 3 - 60 - 050 Scenic Quality and Scenic Overlay The proposed home site does not break a ridgeline and is not visible from Highway 82. The home will be visible from McLain Flats Road, but will be in keeping with the character of the area as established by existing homes in the vicinity. The small dry ridge in the middle of the property 000029 t 1 4110 irs# Ezra Louthis March 13, 2002 Page 5 will partially screen the view of the proposed home from McLain Flats Road. This ridge will soften the views from cars traveling toward Aspen along McLain Flats Road. Scenic impacts are minimal. Homes of the size proposed for the subject site are typical for such large residential lots in the vicinity and the proposed home should blend in nicely with the surroundings. Development within the proposed building envelope will meet the intent of the scenic policy. Policy 2 -130 & Section 3 -60 -020 Air Quality The proposed house will have minimal impacts on air quality. Policy 2 -140 & Section 3 -70 Water Resources It is not anticipated that there will be any impacts on water resources resulting from the proposed home. Water quality, quantity or accessibility will not be impacted by the larger home. Policy 2 -150 Noise The proposed home with the 5,000 square foot floor area intensity bonus addition will have no significant noise impacts. Policy 2 -160 Wildlife Management Sections 3 -80 -070 & 3 -80 -070 Wildlife Areas and Wildlife Habitat Areas As mentioned in the 1041 section of this application, wildlife hazards on the site are minimal and therefore, the Community Development Department did not ask for wildlife issues to be addressed in this application. (See pre- application conference summary sheet in Attachment 2.) Policy 2 -170 Adequate Provision For Water Needs Section 3 -70 -100 Water Supply The subject site will be served by the White Horse Springs Water District. Policy 2 -180 Sewage Treatment Section 3- 110 -050 Sewage Treatment and Collection Waste water disposal will be provided by an individual waste water disposal system which will comply with applicable local and state standards. Policy 2 -190 Impacts on Road System Policy 2 -200 Road Design and Construction Policy 2 -230 Transportation Section 3 -110 -070 Roads The home will have little impact on the road system. Access is via a private driveway off of McLain Flats Road Please refer to the vicinity map and Site Plan in Attachment I. Policy 2 -210 & Section 3- 110 -020 Logical Extension of Utilities 000030 • Ihr Cr Ezra Louthis March 19, 2002 Page 6 Water will be provided through the White Horse Springs Water District. Waste water disposal will be provided through an individual waste water disposal system. Other utilities are already available in McLain Flats Road adjacent to the site. All utilities will be underground. Any on -site utility installation will comply with County standards. The access or building envelopes may include underground utilities. Policy 2 -220 & Section 3 -120 Impacts on Taxes and Management of Necessary Services and Facilities Section 3 -130 Development Exactions The applicant will pay all applicable exactions or fairshare fees at the time of building permit. Policy 2 -240 Compatibility with Agricultural Lands and Operations The 13.186 acre subject property has been irrigated in the past and will continue to be irrigated. The actual building footprint will be even smaller than the building envelope, even after considering the driveway and accessory uses. The applicant agrees to continue to irrigate the remaining land not under the new structures on the subject site and will commit to maintaining at least 95 percent of lands which are currently irrigated. Policy 2 -250 Compatibility with Historical and Archaeological Resources & Section 3 -80- 060 Historic Archaeological Resource Areas Historical and archaeological resources will not be impacted. Policy 2 -260 Housing Section 3 -130 Affordable Housing No housing is required for this proposed request. The applicant is requesting approval for a Caretaker Dwelling Unit as part of this application and if approved, such unit will house a qualifying Pitkin County resident. The CDU will be either attached or detached, it has not yet been determined. Since the CDU is voluntary, the likelihood of the applicant building the CDU is much greater if the TDR floor area bonus is approved giving the subject 5,000 more square feet of floor area. Again, no housing mitigation is required with the approvals requested. Policy 2 -270 Energy Conservation The house will be constructed with the latest energy conserving devices and will meet or exceed the requirements of the Code Policy 2 -280 Compatibility with Public Lands This policy is not applicable to the subject site. Policy 2 -290 Access to Public Lands This policy is not applicable to the site 0u0031 fit+ Ezra Louthis March 13, 2002 Page 7 Policy 2 -300 Private Land Surrounded by Public Lands (Inholdings) This policy is not applicable to the site. Improvements and Services As mentioned previously, water will be provided by the White Horse Springs Water District and waste water disposal will be provided through an individual waster water disposal system. All other essential utilities are available in McLain Flats Road and will be underground. Parking will be provided on site. TRANSFER OF DEVELOPMENT RIGHTS Section 3 -310 (portions of Section 3 -310 are amended by Ordinance 031 -2000) This section of the land use application demonstrates compliance with the applicable sub - sections of Section 3 -310 of the Code. Ordinance 031 -2000 amends only Section 3- 310 -030. Sections 3- 310 -010 and 3 -310 -020 appear in the January 2000 published version of the Code. Section 3- 310 -010 Purpose and Applicability Section 3- 310 -010 A. Purpose The purpose of this transfer of development rights provision is to provide for the protection of lands within the Rural/Remote Zone District and to provide the owners of property within the district with a program of equitable mitigation which assures property owners of an economically beneficial use of their property. The program of equitable mitigation is achieved by making development rights appurtenant to lands within the Rural/Remote Zone District transferable to other lands within Pitkin County where development is more appropriate in accordance with all applicable Pitkin County land use regulations, codes and plans. The subject site is located approximately four miles from downtown Aspen on McLain Flats Road. It is easily accessible to all utilities and essential services. The subject site is a far more appropriate place for development than properties located in the Rural/Remote zone district. All applicable land use regulations and codes are addressed in this land use application. As discussed above, the subject parcel is in compliance with the applicable Pitkin County Down Valley Comprehensive Plan which designates the subject as RR- Rural Residential, an area appropriate for the proposed residential and accessory residential uses. Section 3- 310 -010 B. Applicability Development rights shall be transferable from any preservation site within the Rural Remote Zone District to any approved receiver site. A receiver site for TDR's shall comply with the standards and criteria of this section and be approved by special review pursuant to Subsection 3- 210 -010 (Ordinance 021 -2001 amends this Code section to be 3- 210 -020). 000032 ISO Ezra Louthis March 13, 2002 Page 8 This application seeks approval of the subject site as a receiver site. The application demonstrates compliance with Code standards in this section of the Code and the special review standards. Section 3- 310 -020 A. General Standards and Criteria for Preservation Sites This Code section is not applicable to the subject site. This application seeks approval of a receiver site. Section 3- 310 -020 B. General Standards & Criteria for Receiver Sites The following demonstrates compliance with Section 3 -310 -020 B. of the Code. Section 3- 310 -020 B.1. Receiver Site Must Obtain Special Review Approval: No development of a receiver site with TDR's shall be carried out unless such development complies with the standards and criteria of this section and has been approved by special review pursuant to Subsection 3- 210 -010 (Ordinance 021 -2001 amends this Code section to be 3- 210 -020). The applicant will demonstrate compliance with the standards and criteria of this section of the Code and the special review standards of the Code in Section 3- 210 -010. Ordinance 021 -2001 amends this Code section to be 3 -210 -020. These special review standards are addressed in a subsequent section of this application. Section 3- 310 -020 B.2. Receiver Site Has Potential to Receive TDRs: In addition to any other use permitted by the applicable zone district, a receiver site shall be eligible for development with TDRs. The transfer of a TDR to a specific receiver site shall be accomplished through the procedure outline in Subsection 4 -60 -095. The subject site is eligible to receive TDR's as an intensity bonus and is requesting approval to buy two TDR's to increase the 5,750 square feet of floor area up to 10,750 square feet. Section 3- 310 -020 B.3. Receiver Site Located Anywhere in Pitkin County: A receiver site may be located anywhere in Pitkin County, subject to the standards and criteria of this section and special review criteria of Subsection 3- 210 -010 (Ordinance 021 -2001 amends this Code section to be 3- 210 -020). This standard establishes that the subject site is eligible as a receiver site subject to compliance with the special review standards addressed later in this application. 000033 Ezra Louthis March 13, 2002 Page 9 Section 3- 310 -020 B.4. Uses Proposed on Receiver Site Must Be Consistent with Underlying Zone District: Except as expressly authorized in this section, all development of the receiver site shall comply with each and every requirement of the applicable zoning district regulations. Site development will be in compliance with all applicable zone district regulations and standards. Section 3- 310 -020 B.5. Aggregation of TDRs Permitted on Single Receiver Site: Multiple TDRs may be allowed through special review to be aggregated from different preservation sites for development on a single receiver site, provided that the bulk area restrictions of the underlying zone district of the receiver site may be exceeded only as authorized by this provision. As previously mentioned, the applicant proposes developing a house with a maximum size of 10,750 square feet of floor area on the subject site. The proposed house size is permitted in the RS -20 zone district where the subject site is located. Section 3- 310 -020 B. 6. No Affordable Housing Mitigation to the Extent of the Transfer: To the extent of the transfer only, no affordable housing mitigation is required for development on Receiver Sites using TDRs. As stated above, no affordable housing mitigation is required as part of the requests in this application. A Caretaker Dwelling Unit (CDU) is being requested as part of this application. Standards and Criteria for Transfer of Development Rights from a Rural/Remote Preservation Site to a Receiver Site Located Outside of the Rural/Remote Zone District Section 3- 310 -30 (this Code Section amended by Ordinance 031 -2000) Section 3- 310 -030 A. Transfer of Development Rights Requires Special Review: The transfer of development rights from a preservation site which is not located in the Rural/Remote Zone District shall be approved by special review pursuant to Subsection 3- 210 -010 and shall be subject to each and every requirement of the Code except as expressly provided in this Section. This application demonstrates compliance with the Land Use Code Special Review standards and each and every applicable requirement of the Code. Ordinance 021 -2001 amends this Code section to be 3- 210 -020. Section 3- 310 -030 B. TDR's may be Severed from Preservation Sites for Use Outside the Rural/Remote Zone District for Intensity Bonuses and GMQS Exemptions In addition to any other use permitted by the applicable zone district, a receiver site shall be eligible for development with TDR's. The transfer of a TDR to a specific receiver site 000034 Ezra Louthis March 13, 2002 Page 10 shall be accomplished through the procedure outlined in Subsection 4 -60 -095. Upon compliance with all of the provisions of this section, TDR's may be used on receiver sites for: Section 3- 310 -030 B.1. Floor Area Intensity Bonus Based on the standards and criteria of this section, TDR's may be severed from preservation sites and transferred to preservation (this word should be "receiver ") sites located outside of the Rural/Remote Zone District to obtain a floor area intensity bonus permitting a higher allowed square footage, except where there is an underlying floor area ratio which limits the allowed square footage to Tess than fifteen thousand (15,000) square feet and /or a development approval limited the square footage allowed and does not provide for the use of TDR's. The applicant is seeking a floor area intensity bonus. Given the applicable RS -20 zone district where the subject is located, the site is zoned for 15,000 square feet of floor area as a use by right. Therefore the intensity bonus is appropriate in this receiver location. Two TDRs will be used to increase the floor area from 5,750 up to 10,750 square feet. As required, the special review standards and each and every requirement of the Code are addressed in this section. Section 3- 310 -030 B.2. GMQS Exemption Based on the standards and criteria of this section, TDR's may be severed from preservation sites and transferred to Receiver Sites located outside of the Rural/Remote Zone District to obtain growth management quota system exemptions. This section is not applicable to the subject site. The applicant is seeking a floor area intensity bonus on a receiver site. Section 3- 310 -030 C. Transferable development rights used as a GMQS exemption for the creation of new dwelling units on newly created lots subject to Section 9- 110 -042 A. or to exceed 15,000 square feet subject to Code Section 9- 110 -042 D. may only be transferred as follows: Development rights from a preservation site located within the Rural Area (excluding the Crystal and Fryingpan Areas) may only be transferred to a receiver site located within the Urban Growth Boundary. Development rights from a preservation site located within the Frying Pan River Area or Crystal River Area may only be- transferred to-a- receiver site located within the Rural Area. Transferable development rights from any preservation site in unincorporated Pitkin County may be used on any receiver site in unincorporated Pitkin County as a GMQS exemption for Additional Floor Area subject to Code Section 9- 110 -042 B. and C. The subject site is located in the Rural Area and unincorporated Pitkin County. The applicant is seeking to increase the proposed site development intensity by adding 5,000 square feet of floor area for a maximum of 10,750 square feet of floor area. Floor area will not exceed 15,000 square 000035 ` 1/ 1 3 Ezra Louthis March 13, 2002 Page 11 feet, therefore the receiving site is eligible to receive TDR's from any unincorporated preservation site in Pitkin County subject to demonstrating compliance with applicable standards. Section 3- 310 -030 D. Standards and Criteria for the Use of TDR's for Intensity Bonuses to Exceed Bulk Restrictions on Receiver Sites This standard is not applicable to the subject site. The applicant is not proposing exceeding Bulk Restrictions. Section 3- 310 -030 E. Standards and Criteria for the Use of TDR's for GMQS Exemptions This standard is not applicable to the subject site. The applicant is not seeking a GMQS exemption as the subject is exempt as it was created prior to the enactment of subdivision regulations in 1978. SPECIAL REVIEW OF TDR RECEIVER SITE (Section 3 -210) This section of the land use application demonstrates compliance with Section 3 -210. Ordinance No. 021 -2001 amended Section3 -210. Section 3- 120 -010 which is now 3- 120 -020 establishes Special Review standards. Standards appear in bold followed by the applicant's response. Section 3- 210 -010 A. Applicability This standard is not applicable to the subject site. Section 3- 210 -010 B. 2. The Hearing Officer may permit the following special review uses (refer to Section 4 -50 for procedure), based upon a finding of compliance with the standards and criteria in subsection 3- 210 -020 following review at a public hearing: Utilization of TDR's to obtain additional floor area up to 15,000 square feet on pre -1978 parcels within the Rural Area (refer to Section 3 -310 and 9- 110 -042). As previously indicated, the applicant is seeking to transfer two TDR's for floor area intensity bonuses from preservation sites to the subject site which is located in the Rural Area. As a lot created prior to1978, the subject parcel may obtain additional floor area up to 15,000 square feet. The applicant wishes to build 10,750 square feet. Please refer to Attachment 5 which indicates that the subject was created prior to 1972. Section 3- 210 -020 General Standards and Criteria This section demonstrates compliance with the general standards and criteria. 000036 Ezra Louthis March 13, 2002 Page 12 Section 3- 210 -020 A. The special review use shall consider the applicable County Master Plan. The subject parcel is included in the area covered by the Down Valley Comprehensive Plan and is designated as RR- Rural Residential. As discussed earlier in this document, the applicant has considered the Down Valley Comprehensive Plan including the Future Land Use Map and the recommended development guidelines in the planning the subject parcel. See Attachment 3 for the Future Land Use Map and Attachment 4 which gives the recommended development guidelines for the subject's RR district. The applicant will adhere to the greatest degree possible, to the development guidelines given in the Plan. Section 3- 210 -020 B. The special review use shall consider County land use policies in Article 2. Please refer to the section of this land use application titled Land Use Code Policies and Corresponding Standards for a lengthy discussion of the applicable County land use policies and regulations. These are also applicable to the 1041 Hazard Review. Section 3- 210 -020 C. The special review use shall consider the intent of the Zone District in which it is proposed to be located. According to the Pitkin County Land Use Code, Section 3 -40 -110, the intent of the RS -20 PUD Residential Zone is to • "1. Permit low density, residential development and customary accessory uses, while recognizing natural hazards, wildlife areas, limited utility service, roads or schools, and other facilities may constitute a constraint precluding the realization of zoned density; 2. Encourage an orderly development pattern minimizing scattering of development in rural areas; 3. Provide potential for the clustering of development preserving open space and creating efficient utility service for development; 4. Preserve agricultural operations and environmental resources; 5. Maintain the rural lifestyle; 6. Locate development outside of irrigated lands and deer and elk habitat; and 7. Protect cattle and wildlife by prohibiting dogs in new subdivisions." 000037 ` 0 • Ezra Louthis March 13, 2002 Page 13 The Code also states that the intent of the RS -20 PUD zone is the same as the RS -30 PUD zone district except that the RS -20 PUD zone is intended for land closer to urbanized areas. The building envelope and development for the subject site has been carefully planned to comply with the intent of the RS -20 zone district. The proposed home is part of an orderly develpment pattern in the area. Irrigated lands will continue to be irrigated, except for lands under the new structures. Dogs will be kenneled and any fencing will be wildlife friendly fencing which meets the fencing regulations in the Land Use Code. Native vegetation will be maintained outside of the building and access envelopes except as may be necessary to implement the wildfire mitigation measures. All trash/garbage shall be kept in approved bear proof garbage containers. The additional 5,000 square feet of floor area on the subject site will not be inconsistent with the intent of the RS -20 zone, particularly given that 15,000 square feet is allowed by right in the zone. Section 3- 210 -020 11 The special review use shall consider the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The proposed home and 5,000 floor area intensity bonus addition is consistent with the character of the surrounding area. Both the County and the owners originally anticipated 15,000 square feet for the subject property prior to the adoption of Ordinance 23 -2000 and the applicant is proposing 10,750 square feet of floor area. The additional floor area on the subject site will not be inconsistent with the intent of the RS -20 zone given that 15,000 square feet is allowed by right in the zone district. There are similar homes which have been built all along McLain Flats Road on similar metes and bounds parcels and in nearby subdivisions. Development of the subject parcel will be consistent and compatible with what exists in the vicinity. The proposed residential uses will be compatible with the neighborhood and with the intent of the zone district. Section 3- 210 -020 E. The location, size design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. There will be minimal adverse impacts associated with a proposed addition on the TDR Receiver Site. The Special Review use will not result in adverse effects upon pedestrian, vehicular circulation, parking, trash and service delivery. There will not be any vibrations or odor resulting from the Special Review use. Noise will not be louder than County standards. Section 3- 210 -020 F. There must be adequate public facilities and services to serve the Special Review use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire 000038 • Ezra Louthis March 13, 2002 Page 14 protection, emergency medical services, hospital and medical services, drainage systems and schools. The additional size of the subject residence will have minimal impact on the services listed in this section. Section 3- 210 -020 G.1. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not materially endanger the public health, safety or welfare. Increasing the floor area of the house on the subject site will not endanger public health, safety or welfare. The house will be built in compliance with building codes. Section 3- 210 -020 G.2. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not substantially injure the value of adjoining/abutting property. The additional floor area will probably increase the value of the subject site and the adjoining properties. INCENTIVE FOR DEVELOPMENT UTILIZING TRANSFERABLE DEVELOPMENT RIGHTS (TDR's) Section 9- 110 -042 This section demonstrates compliance with the standards of Section 9- 110 -042. Ordinance 021- 2001 repeals and reenacts Section 9-110-042 in it's entirety. The transfer of development rights (TDR's) from Preservation Site located in the Rural/Remote Zone District may provide an exemption from Growth Management subject to compliance with Section 3 -310. The review process shall be as follows. Section 9- 110 -042 A. New Lots TDR's may provide an exemption from Growth Management for new dwelling units on newly created lots as provided in section 3 -310, subject to a two step special review process. This section is not applicable to the subject site. Section 9- 110 -042 B. Additional Floor Area for County Approved Subdivisions Additional floor area up to 15,000 square feet for existing structures in County approved subdivisions may be exempted from Growth Management without special review process. 000039 Ezra Louthis March 13, 2002 Page 15 The only approval required shall be a certificate of Exemption as provided in Section 9- 150-21. The section is not applicable as the subject is not in a County approved subdivision. Section 9- 110 -042 C. Additional Floor Area for Pre -1978 Parcels Additional floor area up to 15,000 square feet for existing structures on pre -1978 parcels may be exempted from Growth Management through the utilization of TDR's as provided in section 3 -310, subject to a one -step special review process. The one -step special review shall be conducted by the Hearing Officer, or if additional land use approvals are required, the lowest reviewing body conducting the other review. The applicant is seeking to transfer two TDR's for floor area intensity bonuses from preservation sites to the subject site which is located in the Rural Area. As previously noted, the subject is a Pre -1978 parcel which allows the applicant to request additional floor area up to 15,000 square feet to be exempt from the GMQS process. Please refer to Attachment 5, a letter from the title company which certifies that the subject was created prior to 1972. Only 10,750 square feet is being requested at this time and the applicant is addressing the applicable Special Review criteria. Section 9 -110 -042 D. Additional Floor Area in Excess of 15,000 Square Feet Additional floor area in excess of 15,000 square feet for existing structures may be exempted from Growth Management if allowed in the underlying zone district through the utilization of TDR's as provided in section 3 -310, subject to a one -step review process. This section is not applicable to the subject site. CARETAKER DWELLING UNIT Sections 9- 110- 041(C) and 3- 150 -130 of the Code (Ordinance 23 -2000 and Ordinance 99 -53) address attached and detached caretaker dwelling units A 700 square foot caretaker dwelling unit may be permitted on any size lot in the RS -20 zone district. The unit can be attached or detached as long as the unit complies with the following 1) The total floor area for the principal and the caretaker units shall not exceed the allowable FAR for the zone. - - - - - - - 2) There shall be one off- street parking space for the caretaker unit; 3) The applicant will guarantee through a deed restriction that the caretaker unit shall not be required to be rented; not be condominiumized or sold or otherwise conveyed separate from the original parcel; be limited to occupancy by not more than two adults and related children who qualify as employees of the community under applicable guidelines; be rented for terms not less than six months, if rented. The caretaker unit can be occupied by OU0040 Ezra Louthis March 13, 2002 Page 16 members of the immediate family even though they do not qualify as employees of the community. 4) The caretaker dwelling unit restriction may be removed by the owner upon approval of the Board of County Commissioners. The applicant agrees to comply with all of the preceding Code standards and requests the appropriate exemption from Growth Management for the proposed CDU pursuant to Section 9- 110 -041 (C)) of the Code. SUMMARY The applicant is requesting approval for 1041 Environmental Hazard Review. The 1041 hazards on the site have been addressed The hazards on the site are minimal and the applicant intends to avoid or mitigate all hazards in compliance with County requirements. This land use application has also requested approval to allow two TDRs to be used to increase the floor area on the subject site from 5,750 square feet up to 10,750 square feet. The appropriate sections of the TDRs regulations in the Code have been addressed. As is pertinent to both the Special Review for the TDR approval and for the 1041 Hazard Review, the policies and standards of the Code as they affect the subject property have also been addressed. The applicant is also requesting approval for a Caretaker Dwelling Unit (CDU) and the applicable sections of the Code pertaining to CDUs have been addressed. This land use application has demonstrated compliance with all the applicable sections of the Land Use Code identified by the staff in the pre - application conference. The following attachments are included to facilitate your review: 1. The Aspen Sumner Corporation 1041 Hazard Review Site Plan Including a Vicinity Map and Certification of Slopes; (11" x 17" and 24" x 36 "); 2. Pre - application Conference Summary Sheet; 3. Down Valley Comprehensive Plan Future Land Use Map; 4. Down Valley Comprehensive Plan Figure 4, Develope Guidelines for the RR- Rural Residential and AgriculturaVWildlife Reserve Districts; 5. Non - merger Letter from a Title Company; 6. Proof of Ownership: Title Policy and Tax Assessor's Card; 7. List of Adjacent Property Owners; 000041 Ezra Louthis March 13, 2002 Page 17 8. Fee Agreement; and 9. Authorization for Davis Horn Incorporated to submit this land use application and to represent the owners in the land use review process. Please contact us if you would like additional information or any clarifications. Should we have inadvertently neglected to address any of your concerns, please call. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP Aspen Sumner Corporation: McLain Flats 000042 CD 0 0 0 CO IM is fin 4 in Mc LAIN FLATS KOAD F' s(§ N275340 "�✓ N22'0340 W' i 411 gli MI • • 78 & p 53i / i 1 ,,. / j 1 /o - �� Q3/ U J 3 N Iii is , isz aoq m U = \ I Z ° c 5e4 T � ` � ; u N° \ 7 S .� '��. W W -1 0. 0 ni �,e L_- ` >L ' `rte - yr" N O Z / .� O rn (r hit e m e ��4 Z r CO s A 5 %00 Ili 1 33 8 d s� ss 4 r8Vi D V �� Vra' 4S • 4Q n I Ab osc ° 19 0 LIE f7 l Z A n - B= D �t.'*7 n m Q rnrn 1 \ \ S) 3o 0 0 D �Y \ I IN b n Y� v c9 = 6 p 4 O QO � o °, L, 1 _ \ �9 LT rn Y �D ' n _ \ \ o, te rn r \ o ° 4 7 z, 9 R \ \ \ \ 50 "y 30 " • /08 57 -n p� Z O i 1i h i \ D Oj PC, tk lit'? _ 1 -1 NJ) g➢ s Z g n t r 6 ,9 U> D Cr ( O = b O � ➢ m � n �� ��� 1�n _ m���2�� �� fir ���pL � � $ o go o -L ° � n c s l Z t - 1-1 2 1 Kt Z y N-TH of -120 - 1 20-i o- ° - azD�`77� 7 67 H � v� 1 -t t � ' 71 4S0 1d z? s mm$� �gm� 5z - r o 4 D s a N rn n Z ro0 m -iN - Z N c r �ppu 06" I. c7� t �.P {y �1OON U c� N , Oz u.0 T m to 01 O) ro T -2-n if 1 �� 7 Ell, rl' i' 0 y O I'� _ R U p -0 f� a o N ffi 6 � N D� � �v a U � Z to n� ��e 7 � D � � �z L�� i ). m o° �° d 3� D 7 1 0 6u ° o �U p moN g 6� �� � N�s U � m Js r Z � ./ rn �' T 0U f^�'' OU-1 n 6 2, - i s Is 9 7 1 t2u7a K H, 2 > U $$ ks Li t nir m U r r N S � �' tn c9➢ 761 - r8 -<� �0 -u -c '� � LU m -pr t n N Z�? ��] O ( 1 '� b Z U Z Yj - t � � U m If I 7D z zU (S nU rnT IT- - { q * 7����nnnn m mu r, (P 4 f�iU' 4, i C� r z, r - nT r (I` 0 ?IS I �(� qi r�C, Z ZZ ta ZZZ Z 0 0 j X rn 7 U U C rnp N PITKIN COUNTY PEE,- APPLICATION CONFERENCE SUMMAr AT7 2 • DATE: . Jl March 8, 2002 PROJECT: Pfeifer 1041 Review, Conceptual Submission, Special Review & Growth Management Exemption for a Caretaker Dwelling Untt and Utilization of TDRs for Additional Floor Area up to 15,000 square feet. LOCATION: Mclain Flats Rd. (Parcel ID: 264327400008) ZONE. RS -20 PUD OWNER/APPLICANT: Glenn Ilorn Tel: 925 -5180 (fax) PLANNER: Ewa Louthis Tel: 920-5442 1. Typc of Application: 1041 Hazard Review, Conceptual Submission, Special Review for a Caretaker Dwelling Unit (CDU), and Special Review for Utilization of TDRs for Additional Floor Area. 2. Description of Project/Development: Applicant proposes to establish a building envelope for a new residence, gain approval for a CDU and go through Special Review to become a Receiver Site for TDRs for Additional Floor Area up to 15,000 square feet. 3. A reas in which the Applicant is requested to respond, types of reports: • Section 3-60, Environmental and Aesthetic Standards • Section 3-70, Water Resources • Section 3 -110, Improvements and Services • Section 3 -210, Special Review; • Section 9- 110- 041(c), Density Bonus for Caretaker Dwelling Units; • Section 9- 110.042(c), Growth Management Exemption • Section 3.310, Transfer of Development Rights; • Section 3 -80, 1041 Hazard Review - 3.80 -50 Geologic - 3 -80.70 Wildfire 4. Review is before: Hearing Officer 5. Public Hearing: Yes, at Hearing Officer. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public hearing. 6. Will be referred to: Attorney, Zoning, Environmental Health, Colorado State Forest Service, Engineer, White Horse Springs Ranch. 7. What fees was the applicant requested to submit: - Planning Office 51,750 er * 160 Hot .&n5 Fet s 4 1410 Teti/ • Fees for Engineer billed on final bill at 565/hr, - Fees for Hearing Officer at 5125/hr. 8. To apply, submit eight (8) copies of the following information, unless otherwise noted (please use double sidcd copying when possible): • Letter of request (application), addressing Code Sections listed above. • 24" X 36" folded Site Plans (please sec attached site plan n:quiremerrts); • Documentation /proof of Access; • Documentation of how and when parcel was created; • Documentation or Chain of Title /Proof of ownership (from a title company or attorney licensed in the State of Colorado) including legal description; • Agreement for payment form (2 copies); • A list of adjacent property owners and mineral estate owners (1 copy); • Total deposit for review of the application; • Copy of this pre - application form (1 copy); PLEASE NOTE: This pre - application conference summary Is advisory in nature and not binding on the County. The information provided in this summary is bared on current zoning standardr and stars interpretations bared upon representations of the applicant. Additional information may be required upon complete review of the application. 000044 cc Ci co J C 7 7 - " I a U ¢ 1- z _ e = ,I a u i o it _ • • al :.- _ e G t- cn W 0 < I u 2 J ` E c W W < w a - Fi _ I o a (� E S — W ti 0 W `�i _� z--c_= J r 0) U U 2 1 Io U ¢ ¢ 0 w ( W i c) J a o W N 0 H I J � \ w o I. ® 0 IOC � �J u. ; • .___._:,...7.:.....-...-.-„:„., PP 4,: Q Z'L•:. .�: i1" 0 ) W --- lil 2 < in r 1 'L` � I W I1P - \ �� a i .a O C c • o a ILI W 4 1 ■ Z J CC U 'so • 7 : 4 1 � s�_ 101 _ _ 000045 - 410 ATTACHMENT ¥ • poWNVALLEy CDM PRA HENSIOE PLAN FIGURE IV.1 RURAL RESIDENTIAL AND AGRICULTURAL /WILDLIFE RESERVE DISTRICT DEVELOPMENT GUIDELINES 1. Locational Site Planning Guidelines a. Developments should be designed to minimize the disruption of land from its natural state. Clustering is encouraged where appropriate to minimize the amount of land disrupted from roads, water and sewer facili- ties and accessory structures. b. Developments should be planned to minimize interference with on or off -site agricultural activities or neigh- boring uses which support agricultural activities. c. Developments should seek to concentrate near County roadways to minimize the amount of land disruption unless topography, unique site conditions or potential conflicts with agriculture operations or wildlife habitat dictate other locations which are consistent with the guidelines. 2. Visual Site Planning Guidelines a. impacts on scenic amens t es planned al chara ter of visual the area. b. Developments where possible should utilize existing topography such as dry ridges and hills to screen buildings. c. Developments should not rely upon large landforms and manmade visual barriers to justify building in scenic areas but manmade landforms may be used on a limited basis to compliment development. 3. Guidelines to Minimize Interference with Agriculture and Wildlife a. Developments should have covenants which seek to minimize interference with agriculture and wildlife including but not limited to provisions for adequate water rights, prohibition of dogs, and maintenance of fencing between residential and agricultural uses. b. Developments should utilize Planned Unit Development 104 000046 AJTACHMENT jam$: (PUD) relations to create lots wh► are smaller than the minimum lot size of the Land Use Code for the underlying zone districts. c. Roads serving developments should be constructed a sufficient distance from property boundaries so that normal maintenance including snow removal does not damage agricultural fences. d. Developments shall make provisions which insure the maintenance of fences if development sites adjoin stock operations. e. Developments which are not permanently occupied should make provisions to insure adequate maintenance for irrigation ditches which traverse the site. f. Developments shall make provisions to insure historic access to ditches headgates or roads used to maintain agricultural fences. Alternate access easements suitable for these purposes may be considered. 4. Priority Preservation Lands If an individual parcel does not contain any develop able site outside of productive agricultural land or critical wildlife habitat areas, and there is no alternative but development, the highest priority area for preservation should be the wildlife area. 000047 ATTACHMENT 5 I 1 Sanctit of Contract STEWART TITLE OF ASPEN, INC. Order No. 00029371 January 24, 2002 Re: Aspen- Sumner Corporation property situated in Section 27, Township 9 South, Range 85 West of the Sixth Principal Meridian (Sometimes known as Lots 12 and 12A, White Horse Springs) Board of County Commissioners of Pitkin County, Colorado: Stewart Title of Aspen, Inc. has conducted a search of the appropriate real estate records of Pitkin County with respect to the property described on Schedule "A" attached hereto and made a part hereof ( "subject property "). Title to said subject property appears to be vested in the name of Aspen- Sumner Corporation. Based upon a search of the appropriate real estate records, Stewart Title of Aspen, Inc. hereby certifies that at no time since January 1972 has any owner of the subject property simultaneously held title to any adjacent property. This statement is neither an abstract, opinion nor guaranty of title and is intended specifically and exclusively for the use of the Board of County Commissioners of Pitkin County in determination of "merger of title" or lack thereof as said "merger" relates to the applicable statutes, ordinances and restrictions of jurisdiction. It is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligations or liability whatever on any statement contained herein. Cordially, Co Tom witchell Title Examiner "Enhancing the Real Estate Closing Process"" 620 East Hopkins • Aspen, Colorado 81611 970- 925 -3577 • Fax: 970 - 925 -1384 000048 a Stewart Information Services company • NYSE:STC • www stewan.com ALTA OWNER'S POLICY - 10 -17 -92 ATTACHMENT ld • POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; • 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. / STEWART TITLE Li GUARANTY COMPANY • /� // 81'1 P C*:"' / 7 / ! / , i • Chairman of the Boa 3_ �LS ... * - A President • • V% 1908 re Countersigned: ~..",., .a. r rF %AS f • 1 Authorized Countersignature - P elany STEWART TITLE OF ASPEN, INC. Agent ID 806011A EXCLUSIONS FROM COVERAGE • The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, k attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) I restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (u) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or - any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or ". governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting ti from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 1 (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a !!, i 1 defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date i L of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value L4 without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; ii (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant bad paid value for the estate or interest insured ' by this policy. ; 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation • of federal bankruptcy, state insolvency, or similar creditors' rights laws; that is based on: • (a) the transaction creating the estate or interest insured by this policy being domed a fraudulent conveyance or fraudulent transfer; or 1 1 (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (1) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a'ud a , . ent or lien creditor. Serial No. 0- 9701 -34830 000049 ALTA OWNER'S POLICY SCHEDULE A Order Number: 00024752 Policy No.: 0- 9701 -34830 Date of Policy: June 11, 1998 at 2:46 P.M. Amount of Insurance: $ 1,750 ,000 .00 I. Name of Insured: ASPEN - SUMNER CORPORATION 2. The estate or interest in the land which is covered by this policy is: 3. T'ule to the estate or interest in the land is vested in: ASPEN - SUMNER CORPORATION 4. The land referred to in this policy is described as follows: See Attached Legal Description 000050 SCHEDULE A Order Number: 00024752 LEGAL DESCRJP77ON Parcel 1: A tract of land situated in Lot 16 of Section 27, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point whence the Southeast corner of said Section 27 bears S. 21 degrees 09 minutes 45 seconds E. 1865.00 feet; thence N. 68 degrees 09 minutes 15 seconds E. 370.08 feet to a point on the Westerly line of a 60 -foot roadway easement; thence S. 17 degrees 20 minutes 30 seconds E. 108.57 feet along the Westerly line of said 60 -foot roadway easement; thence S. 03 degrees 44 minutes 30 seconds E. 62.35 feet along the Westerly line of said 60 -foot roadway easement; thence S. 29 degrees 10 minutes 30 seconds W. 111.53 feet along the Westerly line of said 60 -foot roadway easement; thence S. 14 degrees 57 minutes 30 seconds W. 130.52 feet along the Westerly Line of said 60 -foot roadway easement; thence S. 00 degrees 20 minutes 30 seconds W. 156.56 feet along the Westerly line of said 60 -foot roadway easement; thence S. 06 degrees 55 minutes 30 seconds E. 133.69 feet along the Westerly line of said 60 -foot roadway easement; thence S. 68 degrees 09 minutes 15 seconds W. 83.71 feet; thence N. 21 degrees 50 minutes 45 seconds W. 616.29 feet to the Point of Beginning. Parcel 2: A tract of land situated in Lots 16 and 17, Section 27, Township 9 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the Southeast corner of said Section 27 bears South 21 degrees 09 minutes 45 seconds East 1865.90 feet; thence South 68 degrees 09 minutes 15 seconds West; 708.98 feet to the Easterly line of the County Road; thence South 22 degrees 03 minutes 40 seconds East 538.13 feet along the Easterly line of the County Road; thence South 27 degrees 53 minutes 40 seconds East 78.60 feet along the Easterly line of the County Road; thence North 68 degrees 09 minutes 15 seconds - -- -East- 698.70 feet; thence North 21 degr- ees - -50 minutes 45 seconds West 616.29 feet to the point of beginning. County of Pitkin, State of Colorado. 000051 ALTA OWNER'S POLICY SCHEDULE B Order Number: 00024752 Policy No.: o-9701-34830 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.• 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, and 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. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights claims or title to water. 6. Second half of taxes for the year 1998, a lien, now due, but not yet delinquent, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 19, 1911 in Book 55 at Page 529 as Reception No. 74635. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 10, 1914 in Book 55 at Page 540 as Reception No. 77026. 9. Terms, conditions, obligations and provisions of Protective Covenants recorded December 22, 1966 in Book 224 at Page 480 as Reception No. 126207, and in Deed recorded December 5, 1962 in Book 200 at Page 147 as Reception No. 114490. 10. Easement for irrigation water as disclosed by Deed recorded December 22, 1966 in Book 224 at Page 480 as Reception No. 126207. 11. A 30 foot easement as set forth in instrument recorded December 5, 1962 in Book 200 at Page 147 as Reception No. 114490. 12. A right of way along the easterly boundary, for a 1 1/2 inch water pipeline, as set forth in instrument recorded December 5, 1962 in Book 200 at Page 147 as Reception No. 114490. 000052 T CONDITIONS AND STIPULATIONS Continued 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the nutter or matter requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costa, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend. prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. () to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' feu and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (u) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (i), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to he made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the leant of: () the Amount of Insurance stated in Schedule A; or, (ti) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum- brance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the fulI consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at lust 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or - (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Laurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. (continued and concluded on last page of this policy) 000053 (ALTA Owner's Policy) J0000 J J a ° ° r t a 1 ' a N N W M L as La .. ASS`^'§ 1 a h c 0 ( � • A e . s P a h $ a ii g 11 a ea- 'Cs' T m 4 5 4�� 1 a , J C U a . < g 1 lsm H�� 1 s8 Sm `2 , q z 3 m t1 �m ep a .. p _ 3 �rilg PH 4 a €�l P t. �° - . , � � ' liV e ! ° a�Y $ MA s S �� I° ti' 3 04 . 1 1- 1 to il 0 8 8 1 °s1 11 J 5 t 1 1 y W y g 0 a 08 V u N C 8 gI ER H 1 $ ul a S � 4 8 I 11 000054 _.�.. I Lots !2 + 12A 2.V4114 ' ASPEN SUMNER CORPORATION K & R PROPERTIES OF ASPEN MOORE K N C 13 FAMILY LIMI _ PO 130X 7875 15852 N 8I ST STREET PO BOX 690 ASPEN CO 81612 SCOTFSDALE AZ 85260 ASPEN CO 81612 MOORE KENNETH I N C B & BET PACIFIC DEVELOPMENT GROUP PFEIFER CHRISTOPHER M PO BOX 690 C/0 CI IRISTOI'I IER HEWETT P O BOX 7875 ASPEN CO 81612 PO BOX 2577 ASPEN CO 81612 -8572 RANCI I0 SANTA FE CA 92067 PRUTER DONALD E & VICKIE VASILS LP PO BOX 50 C/0 JOSEPH D LEHRER PRINCETON IA 52768 10 S BROADWAY STE 200 ST LOUIS MO 63202 ATTACHMENT, '7 000055 PITKIN COUNT COMMUNITY DEVELOPrNT DEPARTMENT Agrcemet�"'ior Payment of Development A Fees PITICIN COUNTY (hereinafter COUNTY) and Q (hereinafter APPLICANT) AGREE AS FOLLOWS: ATTACHM 8 ENT 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058 -2001 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. 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. 5. 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 an initial deposit in the amount of $ which is for _ hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. 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 APPLI ° T 14- Cindy Houben Print Name C lk1 5 Cb -P L— 1 1 r�� Community Development Director fk`) % - 5 U Mr ere— COP, Signature Date: 3 I of Mailing Address: 12 LA Z/k 11 ' U 1'16 242 B Asp N3 f(1 R C FCF t It ASS C-Oa f j kt'pcM co 81bI1 Effective 3/1/02 000056 ATTACHMENT q ASPEN SUMNER CORPORATION c/o Chris Pfeifer Plaza 117 Aspen Airport Business Center Suite 208 Aspen, CO. 81611 Ezra Louthis Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization Letter Dear Ezra: As the authorized representative of Aspen Sumner Corporation, this letter authorizes Davis Horn Incorporated to submit a land use application for a vacant property the corporation owns on McLain Flats Road in Pitkin County. Davis Horn Inc. is authorized to submit the application and to represent us in the land use review process. Davis Horn Inc is located at 215 South Monarch Street, Suite 104 in Aspen, CO. 81611 and can be reached at 970 925 -6587. Please call if you have any questions or concerns. Sincerely ASPEN SU NER CORPORATION CHRIS PFEIFER 000057 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on October 18, 2005, the Hearing Officer of Pitkin County granted approval for the Aspen Sumner Corporation 1041 Hazard Review, Special Review, Caretaker Dwelling Unit and GMQS Exemption to Utilize TDRs for additional Floor Area up to 10,750 square feet (Determination No. 32 -2005; Case No. P172-05). The property is located on the northeast side of McLain Flats Road and is legally known as a tract of land situated in Lot 16 of Section 27, Township 9 South, Range 85 West of the 6` Principal Meridian, a tract of land situated in Lots 16 & 17, Section 27, Township 9 South, Range 85 West of the 6 Principal Meridian. The State Parcel Identification Number for the property is 2643- 274- 010 -008. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s /James True Hearing Officer Pitkin County, Colorado Published in the Aspen Times Weekly, on November 27, 2005. 000058 G [r,n County of Pitkin ) AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado ) PITKIN COUNTY LAND USE CODE SECTION 4 -90 1, GI e nn V vn , 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 4 -90 of the Pitkin County Land Use Regulations in the following manner: I. By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at least 30 days prior to the public hearin g to all owners of propertyadjacent tae subject property, as indicated on the attached list; on the Ally of S- c.p1200 which is' ' days prior to the public hearing date of (D 11Y1 »I he 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 hearing. By mailing of notice copy of which is attached hereto • 'irst- class, postage prepaid U.S. ^ least 30 days pri o the public he to the o s) of the mineral estate unde - - e subject "� property, as ' tcated on the attached list • e day of 200 ch is _ days prior to the pu c hearing date of i. The names and addresses o . - mineral estate opiorsicall be th a on the current tax re : • s of Pitkin County as t' a .: •eared no more than 60 days prior to th public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and tha aid sign was posted and visible continuously from the ' day of Ot , 2004 the t day of 1) t,'r , 200) (Must be posted for at least fifteen (15) hill days before the hearing date). A photograph of the poste s' is attached hereto. /� vcr, Applicant's name Signature (Attach photograph here) Signed before me this day & L°� 20 (Eby � (� of WITNESS MY HAND AND OF ICIAL SEAL My commission expires: 41 I 4 4 (A) v = Notary Public r `, , Notary Public's Signature f C/ 0 ,0 . : p i t • o: .•W», lo . 5 Q 0 et �‘‘ of___- 000059 ,. t • i A . . , ,.. . i - - . - . r ^I ., 1, __ _ fl f M uBL► t OT10E 060 .1; ` . TIME 1 ?LACE ( ' t , , , l.., u ps It% 'I ♦k."I lAt igitrilig. AP '- army li ' UBLI' OT ICE !- to + g l ,000061 DATE i ME 3 - • PLACE SEP '�d ' r ') aVRQC +4 �� L [ .nu r t. pt ev N es or (1 C e • „> • PUBLIC NOTICE RE: Aspen Sumner Corporation 1041 Hazard Review, Conceptual Submission, Special Review for a Caretaker Dwelling Unit and TDR Receiver Site (Case P172 -05) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 18, 2005 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Hearing Officer, to consider an application submitted by Aspen Sumner Corp (Box 7875 Aspen, CO 81612) for 1041 Hazard Review, Conceptual Submission approval, and Special Review approval for a Caretaker Dwelling Unit and for this parcel to become a TDR Receiver Site for Additional Floor Area. The property is known as the White Horse Springs property, and is legally described as Parcel 1 a Tract of land situated in Lot 16 of Section 27, Township 9, Range 85 and Parcel 2 a Tract of land situated in Lots 16 and 17, Section 27, Township 9, Range 85. The State Parcel Identification Number for the property is 2643 - 274 -00 -008. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Ezra Louthis at (970) 920 -5092. s /James True Pitkin County Hearing Officer Published in The Aspen Times Weekly on September 18, 2005 Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice (Code Section 4 -90) by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920 -5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date \S 000062 PROPERTY PROFILE Account: R006238 Account Type: 0000 Tax Year: 2005 Version: 20050414000 Parcel: 264327400008 Area ID: 009 Mill Levy: 25.035000 APR District: 105 Estimated Tax: 29,040.60 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description ASPEN SUMNER CORPORATION SUB:WHITE HORSE SPRINGS BLK:2 LOT:12 & LOT:12A PO BOX 7875 SECT,TWN,RNG:27 -9 -85 DESC: TRACT OF LAND IN LOT 16 CONT 3.0 AC IN BK 224 PG 481 A TRACT OF LAND IN LOTS 1. ASPEN, CO 81612 & 17 10.00 AC M/L DES( Y M/B BK 198 PG 512 IN BK 200 PG 147 BK 282 PG 844 RECEIVED Property Location I MCLAIN FLATS RD JUL 18 2005 ASPEN, CO 81611 Fitteopeoithy ASS&SSOr sessmen n orma Ion Actual Assessed I SQUARE FEET I I Acres I Taxable Tax Year. 2005 Land 4,000,000 1,160,000 0 13.180 Improvements 0 0 0 Exempt Total 4,000,000 1,160,000 1,160,000 Tax Year. 2004 Land 2,900,000 841,000 0 13.180 Improvements 0 0 0 Exempt Total 2,900,000 841,000 841,000 PITKIN COUNTY 000063 0 0 co ZA a) J 0 § f 'PI cv ` g _1„1 v �i_ 0 co a g. ry — m z w -I$ oP3 ,.s � o - .. r 1 ,)• • ili • • • • A y:2 N' • • a r' i • PIPIP , i • 10 • G • / lE====:-.---.' 1 \-_ / / �' 000064 PFEIFER CHRISTOPHER M PRUTER DONALD E & VICKIE ANNE K & R PROPERTIES OF ASPEN LLC P O BOX 7875 PO BOX 50 15852 N 81ST STREET ASPEN, CO 81612 -8572 PRINCETON, IA 52768 SCOTTSDALE, AZ 85260 264327400002 264327400003 264327400007 2075 MCLAIN FLATS ROAD LLC VASILS LP LPV PROPERTIES LLC C/O WILLIAM MOSKOSS 520 E DURANT AVE #1108 PO BOX 3042 ASPEN, CO 8161 I 11960 WESTLINE INDUSTRIAL DR ASPEN, CO 81612 264327400010 STE 180 264327401002 ST LOUIS, MO 63146 264327400011 oc oir 000065 PITKIN COUN 'COMMUNITY DEVELOPMENT Drs!'ARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 July 26, 2005 Mr. Glenn Hom 215 South Monarch Street Suite 104 Aspen, CO 81611 Re: Aspen Sumner Corporation 1041 Hazard Review and GMQS Exemption for Additional Floor Area using TDRs (PID 2643- 274 -00 -008; Case P172 -05) Dear Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, October 18, 2005, at a meeting to begin at 3:00 p.m. in the Pitkin County Courthouse Conference Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $175 per hour. Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920 -5092. Sincerely, Janis Taylor Administrative Assistant Encl: Affidavit (Code Section 4 -90) 000066 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: Whitehorse Springs HOA FROM: Ezra Louthis, Community Development Department RE: Aspen Sumner Corporation 1041 Hazard Review and GMQS Exemption for Additional Floor Area using TDRs (HD 2643 - 274 -00 -008; Case P172 -05) DATE: July 26, 2005 Attached for your review and comments are materials for an application submitted by Aspen Sumner Corporation. The Hearing Officer will review the application on Tuesday, October 18, 2005. Please return your comments to me by Friday, August 19, 2005. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 000061 19853 COQTNITY DEVELOPMENT DEPARTM3 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit 174 Flat Fee .,,Q, 162 Zoning and Sign -. 169 Public Notice —74o 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUCO1 County Clerk 211 County Engineer 194 Environmental Health 208 Historic !� 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal 158 BED Fire Marshal Other Fees: or 155 Use Tax 165 Copy • PZ005 Master Plan Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 000068 IS GIS Requirements B1202 Road Impact Fee B1203 School Impact Fee TOTAL 90 NAME: - ADDRESS /PROJECT: 1 PHONE: CI - IECE# CASE /PERMIT #: # OF COPIES DATE: _ INITIAis I Q V a �I l)`6 �) (a4 C'; - ;t a 1 11 104'101 SITE APPLICANT'S WAIVER THE. Ar rl-jc HEi?,EC')Y THAT IT HAS I)ff-D-4 INF fWED 6Y PIT•KN COJNTYOFTHE, DCI TFJ�IG� O 1041 -HA -ZA1�0 hrFA� THAT MAY AFFECT THE r'f�OPE#�"f 7 ANY mrfeOVEMENT`D 74N0Ta--IE U5E AND CX:CJJPA�IGI�-f-}-IEizEO�. _ � _ COi?,F TIONDY° -- ------------ 11 cwt ----------- HEARING -- - -- '' 10 91 ��' - tt'UJ DATA-- -( ------ --- ---- HEARING OFFICER APPROVAL. THIO hnfftj-SUMNF�COKFOI—TIOI-I 10,41 I- AZAKD 1 EVIi=vy/SITE PLAN WA -3 FE.\/IEWED Ai�lDAfrf;0Vff0 EYK THE f -I ESI I,G OFFIGEJ;?, OF PI TKI N CQIO� TN15 L -- p.�.YOF LUf =l 2�2 t6f ZJEGT TO 1-•fE�°c�IN� Q>=FIGE1� D�I�ION NO. - � `�-�=`�-` �'-�•------------- fzFcO>�DEo -----------"` . -- ----- NOTICE: According to Colorado law you must commence any legal action basso upon. any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. ........................^y_._._—_ .... A I.%inn C, Arvnwa Inr r q ru •v mow. - —' —7 Post Office Box 1730 Aspen, Colorado 81612 970 925 2688 Survi"led Revisions 05.25. 02 EXTEND TOIL V.a�4�iM 2'D FT PAE'LEL I = ATKAC7Off LAND SITUATED 11-1 LOT I& Of )F-CTION 27, TOvv/NC---IIP 9 fir} AGE `t75 WEST OFTb IF_ 51XT� I F'fzl -C PAL FITKIN 000-4T`f, COI -OMA )O, IDE5'��I 5ED A5 FQLI C n '- f3EGINNINO AT A FOINT V✓I--IFI---IGETHE it)a.)TT--•IEAC)T COr- h Elz�, OF SID 5 101--I 2.7 131 0LI -a 7-I Ur ---j -E5 01 M 1 NU iES Lis 51iST If)G5. 0D EE -M THENCE I-I0I7.TI-I 6t) PE3,REEt) 09 MINU T EC 15/-515 N05 5T ,70.05 FEET TO / � POINT ON THE V✓F�TEf?,L`r" LINE OF A Coo- FCC7T f 0/4,f7WrAY EA,4DF M ENT THENCE. SCIJT'H 17 Dff-,fE.EC 20 MINUTES 30 SECO— S EAST lot)• 57 FEET AI..0I`-GTHE VIE jE1z 1-f LINE OF bAI D C40- 1== ir,0A0WAY E/anEMENT; 50 JTH 03 DEvfz E-E� 4i M I'N UTES 30 5M0N Ct) Efif,--)T Co2.35 FEE -F ALONGTHE WECTEf-�L`t' LINE OF SID CoO/ F-ODT F< WA\r' ffA,DEMENT THENCE SOUTH 2-1 DFS' ieEES 10 MIX&I--i 30 5FC?NOI�!) W E5T 11 1.53 FEET ALfON G THE W F=5TDF\LY LINE OF 5AI D Com—FCO—T— �ADWAY EA` ME NT THENC>_ STH 14 DFOKEffn 57 M1NUT'E'�D 30 5EC7N� WEST 1x.52 FEET WFbTff zLif I--It---IE-0F S5AIO GO'FOOT 1e-OADv✓AY E}"'CE.MENT- THENCE -1 CEJ D15 2O MIIUTfES 3Q SEJNt WEfDT I .5Co fft .ET 16\1. —G THE WE!�DTEJPJ-Y L.11 --IIF OF THEN�E FJrT-1 p 55 M NU�� 30 5F,-C:Di D L=AST 133.(e FEST ALlONG T3 - E. WESTEizI-Y Llf-4E OF SSD CoO/ F(=flf lAY 1✓DEMEt-47- THECE �50� D SEES Cif I✓I IN6i-E5 15 CECt- Q5 WE,CT f53.71 FEET - THENCE 1-- f FH/2.1 D EE5 5D MINUTES /-+5 S!S�ON14 WEST &ICp.2cl FEET TO THE FOIMT OF bEGINNl1 . PAf CSL 2-= AT—IP—ACF OF L AND (-51 TU^TELA IN [-.0 -) I& AND 171 SECTION 27 TOWI-ISHIf 9 r1�-1, I -,E t)5 vvr��5T or THE 51XTH hll�f--C.I1'AL MERIDIAN, FITif,-W COJNT; CO LDKAI"' ,/ DECC� C EG A5 FOI-I-0v15 '' I�EGINNII�G AT A fCT-T WHENCI^ TI --IE ��HEAt)T ClOf-NES OF IG SECTION 27 25E `D 5CX-YF -� 21 ID> GKEF-5 C-1 M I N UTEf 45 ICON � 1 AtT I z)G5 .C1O FS T THENCE. f)0+ --I Cot) DEG�.EES O9 1✓IINUTEC 15 � 'IDS WF' ')-r 70n.`1:n FEff-TTOT+--IE ffA.�TE LY' LfNE O': T:7- 1= HENCE �UTI�-I 22 DF:p-rEES 03 MINUTF� /40 Si BONDS EAST 53n.13 F =T T•I-4E ERCT E1?,LY LIME OF TUE CITY izD�,p . TH S SCZJI �F 2-7 DFGfE.E'D53 I�11N(JT O �ELONDS EAST 7n.�0 1=If F-TA1�N�THE EAt7 -1 F-KLY UNE. OF THE IeOA,D- THIENGE Nc DE7CI MIN(JfS 15 SIt EAST Co`��.TC7 FEE.: � T+ -I ENC�E N- r TH 2- )EGfEet) 5o Ivf 11 um,T -) 45 5rLDN WTfCT (�D I (0- 2-9 F'i ET -D THE f0I NT" OF (f5 SIN N 11�. II[dii 1111I 11/13/2002 g 3 2002 01:03P SILVIA C9::S PITKIN COUNTY CO R 11.00 D 0.00 ACCEPTANCE FOR RECORDING 15ASS'- UMN COfZPOKATION IC I k4AZA1�p FF-'-EVIf7WS;T=fL/A" WAC ACLEf"'fE0 FC)K FILING 11--,IT4-4E �G���=}}1��G��-EVOFTIA� No -1,D f�CL7tz /D��E/�'-.OF {+P�(I�TKIN ��y-� LdJ� 1 I ! w � 7 11"i I .J - I �+^A -_ QA' OF--QG%-1_/--___.G1.X..LC fN� LST - if ,` tT'�. E " -----AS i;,EGEPTIC�f I Nom. _--1�``-�-,� ---------- - �.Lf-� Tale Job No 02-02 I V• V V. V L J L I-1 'IV V I IN LJ-, f L._I 1 L_ J`� 104 : H/4 ZZ,,SD KEYIEwf) ITE FL ) p►� acp�(i -any- oo- �g TION 2 T, TOVVNt-fIP of t( 4-I, . 5� W, CPTt--I PM., nTKIN Co., CGL.OMA.D;O. Casp P1"42- 05