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HomeMy WebLinkAboutpitkin.planning.264335404801 (3) DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) 2643-354-04-801 10J10J2000 5 P754-00 Stein/Red Butte Ranch Minor Amendment to a Development Permit Suzanne Wolff Castle Creek Road JO McClain Flats Rd Marjorie Stein/Mary P.O.Box 1047 Aspen.CO 81612 Sunny Vann 230 East Hopkins Aspen.CO 81611 925-6958/0-9310 460 460 AMomey 10/13/2000 TKT 10/23/2000 11/1/2000 BOCC No 2. 11/1/2000 208-2000 M449103 209- No No GF:2643-354-00-001/2735-021-00-016 BOCC Reso 1209-2000 4`449104 no plats no vesting 11/2/2000 TKT O61-2000;<449461 2000 Minor Amendment to a Development 12/30/10 FF Box d186 1 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO,APPROVING A MINOR AMENDMENT TO A DEVELOPMENT PERMIT FOR THE RED BUTTE RANCH SUBDIVISION/PUD Resolution No.6 1 -2000 RECITALS 1. Marjorie B. Stein LLLP and James Daggs, Special Trustee of Trust B,u/w/o Henry L. Stein, Deceased ("Applicant") have applied to the Community Development Director of Pitkin County, Colorado ("Director")to extend the deadline for recordation of the final plat to January 15, 2001. A recordation deadline of December 1, 2000 was established by the Board of County Commissioners pursuant to Resolution No. 208-2000. 2. The property is located on the south side of McLain Flats Road and is described in Exhibit A. 3. The property is zoned AFR-10 and contains 232 acres. 4. The Director finds that the request complies with the applicable provisions of the Land Use Code. THE DIRECTOR DOES HEREBY APPROVE a minor amendment to the Red Butte Ranch Subdivision/PUD,subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall record the Final Plat and associated documents for the Red Butte Ranch Subdivision/PUD prior to January 15,2001,and condition#4 of BOCC Resolution No. 208-2000 is amended accordingly. 2. This approval is subject to the terms and conditions of BOCC Resolution Nos.96-69,96-73, 97- 198,99-188 and 208-2000. APPROVED by the Director on the Sday of 12000. Cindy Houben, Community Development Director PID#264335400001 suzannew\pitkin\cases\dev_per\red butte amend 1111111 Hill 111111111111111111111111111 III 11111 lit IIII 449461 12/07/2000 11:86R RDNIN DE DAVIS SILVI 000001 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO � � 9 EXHIBIT A A parcel of land being portions of the following Government Lots and Tracts situated in Section 35 , Township 9 South, Range 85 West of the 6th P.M. and Secticn 1 & 2 , To'wnship 10 South, Range 85 West of the 6th P.M. ; Goverment Lots 15 , 16, 19, 20, 21, Section 35 , T9S, RSSW; Government Lots 1, 2 , 3 , 4 , 8 , 9, 10, 11 & 12 + Tracts A & B, George Placer, Section 2 , TICS, R85W; Government Let 12 & NW1/4SWi/4 & NEl/4SW1/4 , Section 1, TICS, R95W, described as follows : Beginning at the Nort_^_west Corner of Government Lot 19 , Towns;_ _n 9 South, Range 85 West of the 6th P.M. ; thence Easterly along the North line of Government Lot 19 to the intersection of the Southwesterly right of way of McLain Plats County road as described in Bock 322 at Pace 186 of the Pitkin County records ; thence Southeasterly along the Scuthwesterly right cf way of McLain Flats County road as described In said Book 3322 at -Page 19 to the 1%tersect_cn w_zh the East line of Government Lv^t it cf said Section 2; then=_ Southerly along the East line _._ of Gcvernment Lot 11 Section 2, Township 10 Scut',, Range 85 West of the P .M. to the Northwest Corner of Government Lot 612 , Section 1 , Town3hio 10 South, Range 85 West of the 6th P .M. ; - thence Easterly alor_g the North line of .Gcver-.ment Let 12 , Section 1, tO the _nt.. ersect_cn with t ir o way of -e $ he Westerly ricnf t a_-vat_On Ditch; thence Scnth=asterly along the Westerly -icht of wav _4 -e of the Salvat_cn .7itCh to tie North line Cf the SW1/4 C= SeC__C^ ' as described _.. Bock 2_7 at Page 211; - thence East�alcna the North line cf the SW1/4 cf Section 1 to the centerline Of the Salvation Ditch; thence Southeasterly along the centerline of the Salvation Ditch as described in Book 178 at Pace_ 476 to the Northeast Corner cf said Bock 178 at Pace 476; thence Southerly along the Easterly boundary of said 3cck 173 at Page 476 to the centerline of the Roaring Fork River; thence Northwesterly alcna the centerline cf the Roaring :crk River to the East line of Government Lots 12, Section 2 ; thence Northwesterly along the centerline Of -he Rcar_ng Fork River to the West line of Government Lot 12, Secticn 2 , as described in Book 178 at Pace 477 ; thence Southerly along the Westerly line of Government Lot 12 to the North Boundary of that parcel described in Bock 399 at Page 767 (Ute Butte Tract PB4 PG462) ; thence Westerly along the Northerly line of said Bock 399 at Page 767 to the Westerly line of Government Lot 10, Section 2 ; thence Northerly along the West line of Gcvernment Lot 10 to the Southern bOundarV Of that earcel Cf land described in Bock 165 at Pace 595 ; thence Northwesterly along the top of Red Butte Mountain Ridge to the intersection with tie North line of Government Let 8 , Section 2 ; thence Westerly along the South lines of Government Lots 3 & 4 to the Southwest corner of said Government Lot 4 ; thence Northerly along the West line of Gcvernment LCt 4 , Seotion 2 to the Northwest corner of Government Lot 4 ; `hence West along the North line cf Government Lot 5, Sect-' On 2 to the intersection of Tract B, George Placer as described in Book 139 at Pace 210 ; 1 IIIIII I1111 IIIIII II111111111 IIIII IIIII III HIM IIII IN 000002 449461 12/07/2000 11:56A ADMIN DE DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO G G EXHIBIT A (Continued) thence Southerly along the East line of Tract B, George Placer to the Southeast corner; thence Northwesterly along the Southwest boundary of Tract B, George Placer to the South line of that parcel of land described in Book 342 at Page 672; thence Easterly along the South line of Book 342 at Page 672 to the Southeast corner of said Book 34#2 at Page 672 ; thence Northwesterly along the Easterly lines of Book 342 at Page 672 and Book 302 at Page 216 to the intersection of the Southerly boundary of Tract C, George Placer; thence Easterly along the South line of Tract C, George Placer to the East corner of Tract C, George Placer; thence Northwesterly along the Northeast line of Tract C. George Placer to the intersection of that parcel of land described as Exhibit "A" of Book 235 at Page 237; thence Northwesterly along the Northeast boundary of that oarcel of land described as Exhi'_it "A" of Book 235 at Page 237 to the intersection with the Easterly lines of Tract C, George Placer; thence Northerly alone the Easterly line of Tract C, George Placer to the intersection with the West line of Government Tract 19 , Section 35 ; thence Northerl , alone the West line of Government Lto 19, Section 35 to the point of beginning. EXCEPTING from a:cv=_ the Right-of-Way of the former Denver and Rio Grande Railroad, Stein Park as described in Book 278 at Pace 233 and Stein Trail & Bridce in Book 282 at Pace 966 . I I"III "III I'III' I"'II III" II'II 'I"I III I'I" IIII I"I 449461 12/07/2000 11!56R ADMIN DE DAVIS SILVI 000003 3 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 111911111111111111111111111111111111111 111a1111 449103 11/22/20M 02:22P RESOLUTI DRVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,APPROVING A MINOR AMENDMENT TO A DEVELOPMENT PERMIT FOR THE RED BUTTE RANCH SUBDIVISION/PUD Resolution No.,I-2000 RECITALS 1. Marjorie B. Stein LLLP and James Daggs,Special Trustee of Trust B, u/w/o Henry L. Stein, Deceased("Applicant')have applied to the Board of County Commissioners of Pitkin County, Colorado (`BOCC")to clarify the previously approved floor areas. The Applicant voluntarily limited the maximum floor area on all of the lots to 8,500 square feet,as calculated based on the regulations in effect at the time of building permit application. At the time the approvals were granted,this would also have allowed 4,000 square feet of exempt below grade space. Given the new floor area definition adopted pursuant to Ordinance No. 23-2000,the 8,500 square foot limitation would include all below grade space. The Applicant proposes to amend the development approvals to permit the use of TDRs to increase the allowable floor area by up to 4,000 square feet,which could only be used to construct below grade space. 2. The property is located on the south side of McLain Flats Road and is described in Exhibit A. 3. The property is zoned AFR-10 and contains 232 acres. 4. The BOCC heard this request at a regular meeting on November 1,2000,at which time evidence and testimony was presented with respect to the application. 5. The BOCC finds that the request complies with the applicable provisions of the Land Use Code. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby approves a minor amendment to the Red Butte Ranch Subdivision/PUD,subject to the following conditions,which shall run with the land and be binding on all successors in interest: 1. The Applicant shall record the Final Plat and associated documents for the Red Butte Ranch Subdivision/PUD prior to December 1,2000,and condition#4 of BOCC Resolution No. 99-188 is amended accordingly. 2. This approval is subject to the terms and conditions of BOCC Resolution Nos.96-69,96-73,97- 198 and 99-188. 000004 \ Resolution No. '?-'200o�11I 14910 "III 22/2 0 011:22 RE IIIUTI DAVIS SILVI III "III IIII IIII Paget 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 3. The Applicant shall amend the Protective Covenants to specify that TDRs may be used to build up to 4,000 square feet of below grade space in addition to the 8,500 square feet of allowable floor area. Below grade space shall be defined in the Covenants as follows: Spaces below natural or finished grade, whichever is more restrictive, up to a maximum of twenty(20)feet in depth and which include no more than a single story. If any part of the below grade space is exposed above natural or finished grade (such as walk-out basements, walls or courts)the entire below grade area shall count as floor area;except that window wells and egress areas as required by the Uniform Building Code may be provided without counting those areas as floor area. The foundation wall or footing may be exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design. Up to ten (10) percent of any particular below grade wall surface may extend above natural grade so long as the finished grade covers the surface that would otherwise be exposed. 4. The Applicant shall adhere to all material representations made in public hearings and in the application. APPROVED on the 1"day of November,2000. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COO[LORADO BY /A�-�' g /f. ATTEST: ellie Roy Hadper, Chair Date // . 2./ .4-1) L,-EyiWee R. Dean Clerk to the BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: -� UPS, /o a7 vo John Ely, Cindy Houben, County Attorney Community Development Director PID#264335400001 su=rtew%pitkinlcwesldev_perVed butte reso 000005 \ 449103 11/22/2000 02:22P RESOLUTI DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A A parcel of land being portions of the following Government Lots and Tracts situated in Section 35, Township 9 South, Range 85 West of the Gth P.M. and Section 1 & 2, Township 10 South, Range 85 West of the 6th P.M. ; Government Lots 15, 16, 19, 20, 21, Section 35 , T9S, R85W; Government Lots 1, 2 , 3 , 4 , 8, 9, 10, 11 & 12 + Tracts A & B, George Placer, Section 2 , T10S, R85W; Government Lot 12 & NW1/4SW1/4 & NE1/4SW1/4, Section 1, TIOS, R85W, described as follows : Beginning at the Northwest Corner of Government Lot 19, Township 9 South, Range 85 West of the 6th P.M. ; thence Easterly along the North line of Government Lot 19 to the intersection of the Southwesterly right of way of McLain Flats County road as described in Sock 322 at Page 186 of the Pitkin County records; thence Southeasterly along the Southwesterly right of way of McLain Flats County road as described in said Book 322 at Page 186 to the intersection with the East line of Government Lot lI of said Section 2 ; thence Southerly along the East line of Government Lot 11, Section_ 2 , Township 10 South, Range 85 West of the 6th P.m. to th<_ Northwest Corner of Government Lot 612, Section 1, Township l0 South, Range 85 West of the 6th P.M. ; thence Easterly along the North line of Government Let 12, Section 1, to the intersection with the Westerly right of way of the Salvation Ditch; thence Southeasterly along the Westerly right of way line of the Salvaticn Ditch to the North line of the SW1/4 of Section l as described in Sock 267 at Page 211; thence East along the Ncrth line of the SWI/4 of Section 1 to the centerline of the Salvation Ditch; thence Southeasterly along the centerline of the Salvation Ditch as described in Book 178 at Page 476 to the Northeast Corner of said Sock 178 at Page 476; thence Southerly along the Easterly boundary of said Bock 179 at Page 476 to the centerline of the Roaring Fork River; thence Northwesterly alcag the centerl_ne of the Roaring ?crk River to the East 'line of Government Lots 12, Section 2 ; thence Northwesterly along the centerline of the Roaring Fork River to the West line of Government Lot 12, Section 2, as described in Book 178 at Page 477; thence Southerly along the Westerly line of Government Lot 12 to the North Boundary of that parcel described in Book 399 at Page 767 (Ute Butte Tract P34 PG462) ; thence Westerly along the Northerly line of said Book 399 at Page 767 to the Westerly line of Government Lot 10, Section 2 ; thence Northerly along the West line of Government Lot 10 to the Southern boundary of that parcel of land described in Book 7-65 at Pave 595; thence Northwesterly along the ton of Red Butte Mountain Ridge to the intersection with the North line of Government Lot 8 , Section 2 ; thence Westerly along the South lines of Government Lots 3 Southwest c rner of said Government Let 4 ; & ? to the thence Northerly a'_ong the West line of Government Lot 4, Section 2 to the Northwest corner of Government Lot 4; thence West aior_g the North line of Government Lot 5, Section 2 to the 'ntersection of Tract B, George Placer as described in Sock 199 at Pave 210; 000006 11111111111111111111011111111111111111 449103 11/22/20M 02:22P RESOLUTI DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A (Continued) thence Southerly along the East line of Tract B, George Placer to the Southeast corner; thence Northwesterly along the Southwest boundary of Tract B, George Placer to the South line of that parcel of land described in Book 342 at Page 672; thence Easterly along the South line of Book 342 at Page 672 to the Southeast corner of said Book 34t2 at Page 672; thence Northwesterly along the Easterly lines of Book 342 at Page 672 and Book 302 at Page 216 to the intersection of the Southerly boundary of Tract C, George Placer; thence Easterly along the South line of Tract C, George Placer to the East corner of Tract C, George Placer; thence Northwesterly along the Northeast line of Tract C. George Placer to the intersection of that parcel of land described as Exhibit "A" of Book 235 at Page 237; thence Northwesterly along the Northeast boundary of that parcel of land described as Exhibit "A" of Book 235 at Page 237 to the intersection with the Easterly lines of Tract C, George Placer; thence Northerly along :he Easterly line of Tract C, George Placer to the intersection with the West line of Government Tract 19, Section 35; thence Northerly along the West line of Government Lto 19, Section 35 to the point of beginning. EXCEPTING from above the Right-of-Way of the former Denver and Rio Grande Railroad, Stein Park as described in Book 278 at Page 233 and Stein Trail & Bridge in Book 282 at Page 966 . 000007 9 IIIIII 11111 I11111 IIIIII IIII 11111 I11111 frill 11111111 449104 11/22/2000 02:22P RESOLUTI DitVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,APPROVING A MINOR AMENDMENT TO A DEVELOPMENT PERMIT FOR THE STEIN LOT SPLIT SUBDIVISION Resolution No.,W-2000 RECITALS 1. Marjorie B. Stein LLLP and James Daggs,Special Trustee of Trust B,u/w/o Henry L. Stein, Deceased("Applicant")have applied to the Board of County Commissioners of Pitkin County, Colorado (`BOCC")to clarify the previously approved floor areas. The Applicant voluntarily limited the maximum floor area on all of the lots to 8,500 square feet,as calculated based on the regulations in effect at the time of building permit application. At the time the approvals were granted,this would also have allowed 4,000 square feet of exempt subgrade space. Given the new floor area definition adopted pursuant to Ordinance No. 23-2000,the 8,500 square foot limitation would include all subgrade space. The Applicant proposes to amend the development approvals to permit the use of TDRs to increase the allowable floor area by up to 4,000 square feet,which could only be used to construct subgrade space. 2. The property is located on the north side of McLain Flats Road and is described in Exhibit A. 3. The property is zoned AFR-10 and contains 182 acres. 4. The BOCC heard this request at a regular meeting on November 1, 2000,at which time evidence and testimony was presented with respect to the application. 5. The BOCC finds that the request complies with the applicable provisions of the Land Use Code. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby approves a minor amendment to the Stein Lot Split Subdivision,subject to the following conditions,which shall run with the land and be binding on all successors in interest: 1. This approval is subject to the terms and conditions of BOCC Resolution Nos.97�24,98-66 and 99-187. 2. The Applicant shall amend the Protective Covenants to specify that TDRs may be used to build up to 4,000 square feet of below grade space in addition to the 8,500 square feet of allowable floor area. Below grade space shall be defined in the Covenants as follows: Spaces below natural or finished grade,whichever is more restrictive, up to a maximum of twenty(20)feet in depth and which include no more than a single story. If any part of 000008 O I IIIIII IIIII IIIIII IIIIII IIII IIIII Il�r�lll IIIII IIII IIII Resolution No�to�-2000 449104 22/22/2000 02:22P RESOLUTI DAVIS SILVI Paget 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO the below grade space is exposed above natural or finished grade(such as walk-out basements,walls or courts)the entire below grade area shall count as floor area; except that window wells and egress areas as required by the Uniform Building Code may be provided without counting those areas as floor area. The foundation wall or footing may be exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design. Up to ten(10)percent of any particular below grade wall surface may extend above natural grade so long as the finished grade covers the surface that would otherwise be exposed. 3. The Applicant shall adhere to all material representations made in public hearings and in the application. APPROVED on the V day of November,2000. BOARD OF COUNTY COMMISSIONERS OF PITKKIN COUNTY,COLORADO/hu By -GG... a� ATTEST: Shellie Roy HfEpbr,Chair Date //- 2/• rw Z4 ee R. Dean Cl rk to the BOCC APPROVED AS TO FORM: APPROVED A S TO CONTENT: C/� *1-01� /O- 0"7, 00 John Ely, Cindy Houben, County Att Community Development Director PID 4264335400001 suzwnew\pitkin\cases\devyer\red butte reso nnnnnq Q: a09 I ® IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 449104 11/22/2000 02:22P RESOLUTI DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A A parcel of land being portions of the following Government Lots and Tracts situated in Section 35, Township 9 South, Range 85 West of the 6th P .M. and Section 1 & 2, Township 10 South, Range 85 West of the 6th P.M. ; Government Lots 15, 16, 19, 20, 21, Section 35 , T9S, R85W; Government Lots 1, 2 , 3 , 4 , 8, 9, 10, 11 & 12 + Tracts A & 3, George Placer, Section 2 , T10S, R85W; Government Lot 12 & NW1;4SW1/4 & NEl/4SW1/4, Section 1, TIOS, R85W, described as follows : Beginning at the Northwest Corner of Government Lot 19 , Townshio 9 South, Range 85 West cf the 6th P.M. ; thence Easterly along the North line of Government Lac 19 to the intersection of the Southwesterly right of way of MCLa'n Flats Iaunty road as described in Book 322 at Page 186 of the Pitkin County records; thence Southeasterly along the Southwescerly right of way of McLain Flats County road as described in said Book 322 at Page 186 to the intersection with the East line of Government Lot 11 of said Section 2; thence Southerly along the East line cf Gcvernm. ent Lot 11, Section 2 , Township 10 South, Range 85 West of the 6th P.M. to tee Northwest Corner of Government Lot 112, Section 1, Township _O South, Range 85 West of the 6th P.M. ; thence Easterly along the -North line of Government Lot 12 , Secticn 1, to the intersection with the Westerly right of way of the Salvation. Ditch; thence_ Southeasterly along the Westerly right of wav line cf the Salvation Ditch to the North line of the SW1/4 of Secticn 1 as described in Book 267 at Page 211; thence East along the North line of the SW1/4 of Section 1 to the centerline of the Salvation Ditch; thence Southeasterly alone the centerline of the Salvation Ditch as described in Book 178 at Pace 476 to the Northeast Corner of said Bock 178 at Page 476 thence Southerl_ along the Easterly boundary of said Book 178 at Page 476 to the centerline of the Roaring Fork River; thence Northwesterly along the centerline of the Roaring Fork River too the East line of Government Lots 12, Section 2 ; thence Northwesterly along the centerline of the Roaring Fork River to the West line of Government Lot 12 , Section 2, as described in Bock 178 at Page 477; thence Southerly along the Westerly line of Government Lot 12 to the North Boundary of that parcel described in Book 399 at Page 767 (tite Butte Tract PB4 PG462) ; thence Westerly along the Northerly line of said Book 399 at Pace 767 to the Westerly line of Government Lac 10, Secticn 2 ; thence Northerly along the West line of Government Lot 10 to the Southern boundary of that parcel of land described in Book 163 at Page 595; thence Northwesterly along the tcp of Red Butte Mountain Ridge to the intersection with the North line of Government Lot 8, Section 2; thence Westerly along the South lines of Government Lots 3 & 4 to the Southwest carr_er of said Government Lot 4; thence Northerly along the West line of Government Lot 4, Section 2 to the Northwest corner cf Government Lot 4; thence West along the North _ine of Government Lot 5 , Section 2 a the intersection of _Tact S, George Placer as described in Book 189 at Page 210 ; 00, 0010 /I; �o9-zosu EXHIBIT A (Continued) thence Southerly along the East line of Tract 3, George Placer to the southeast corner; thence Northwesterly along the Southwest boundary of Tract B, George Placer to the South line of that parcel of land described in Book 342 at Page 672; thence Easterly along the South line of Book 342 at Page 672 to the Southeast corner of said Book 3432 at Page 672; thence Northwesterly along the Easterly lines of Book 342 at Pace 672 and Book 302 at Page 216 to the intersection of the Southerly boundary of Tract C, George Placer; thence Easterly along the South line of Tract C, George Placer to the East corner of Tract C, George Placer; thence Northwesterly along the Northeast line of Tract C. George Placer to the intersection of that parcel of land described as Exhibit "A" of Book 235 at Page 237; thence Northwesterly along the Northeast boundary of that parcel of lard described as Exhibit "A" of Book 235 at Page 237 to the intersection with the Easterly lines of Tract C, George Placer; thence Northerly along the Easterly line of Tract C, George Placer to the intersection with she West line of Government Tract 19, Sec=ion 35 ; thence Northerly along the West line of Government ' to 19, Section 35 to the point of beginning. EXCEPT3NG from above the Right-of-Way of the former Denver and Ric Grande Railroad, Stein Park as described in Bock 278 at Page 233 and Staff_^. Trail & Bridge in Book 282 at Page 966 . I I"III "III "III' I"III IIII 'IIII "II'I III "III II'I I'II 449104 11/22/20M 02:22P RESOLUTI DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 000011 MEMORANDUM TO: Board of County Commissioners Regular Meeting—November 1,2000 T IRU: Cindy Houben,Community Development Directo FROM: Suzanne Wolff, Senior Planner* RE: Red Butte Ranch Subdivision/PUD and Stein Lot Split Subdivision Mnor Amendment to a Development Permit SUMMARY: The Applicant is requesting to amend the subdivision approvals to clarify the previously approved floor areas. The maximum floor area on all of the lots was voluntarily limited by the Applicant to 8,500 square feet, as calculated based on the regulations in effect at the time of building permit application. At the time the approvals were granted,this would also have allowed 4,000 square feet of exempt subgrade space. Given the new floor area definition adopted pursuant to Ordinance No. 23-2000, the 8,500 square foot limitation would include all subgrade space. The Applicant proposes to amend the development approvals to permit the use of TDRs to increase the allowable floor area by up to 4,000 square feet,which could only be used to construct subgrade space. In addition,the Applicant requests to extend the deadline for recordation of the Final Plat for the Red Butte Ranch Subdivision/PUD until December 1,2000. APPLICANT: Marjorie B. Stein LLLP and James Daggs, Special Trustees of Trust B,u/w/o Henry L. Stein, Deceased REPRESENTATIVE: Sunny Vann LOCATION: Red Butte Ranch Subdivision/PUD is located on the south side of McLain Flats Road; Stein Lot Split Subdivision is located on the north side ofMcLain Flats Road BACKGROUND: Red Butte Ranch Subdivision/PUD obtained approval subject to BOCC Resolution Nos. 96-69,96-73 and 97-198. Stein Lot Split obtained approval subject to BOCC Resolution Nos. 97-24 and 98- 66. The vested rights for the two subdivisions were extended for 10 years pursuant to BOCC Resolution Nos.99-187 and 99-188. 'Be extensions are contingent upon recordation of the final plat documents by October 22,2000 and April 22,2001. STAFF COMMENTS: A minor amendment to a development permit maybe approved subject to compliance with the standards in Section 3-200-080 of the Land Use Code. A. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. Response: The proposed amendment will not change the use. 1 i7u00?2 B. The amendment must be consistent with action taken during the review of the original development and does not constitute a new land development activity. Response: The proposed amendment is consistent with the original approvals,which would have allowed 4,000 square feet of subgrade space in addition to 8,500 square feet of above grade space. C. The proposed activity does not: I. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; 2. Increase off-site impacts in the surrounding neighborhood; 3. Endanger the public health, safety or welfare; 4. Violate any Land Use Code Standard; 5. Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 6. Increase theJloor area of the use by more than two (2)percent or decrease the open space on the site by more than three (3)percent. Response: The amendment will not change the basic character in that it will only accommodate subgrade space. The amendment will not increase off-site impacts; endanger the public health, safety or welfare; violate any Code standards; substantially increase the need for on-site parking or utilities or affect affordable housing generation; or decrease the open space on the site. The amendment will not increase the floor area of the use, since 4,000 square feet of subgrade space would have been allowed under the Code in effect at the time of approval. The amendment will allow the reinstatement of subgrade space, subject to the acquisition of TDRS. Since these subdivisions were approved by the BOCC,no additional land use review will be required to utilize the TDRS. RECOMMENDATION: Staff recommends that the BOCC adopt a"motion to approve the Red Butte Ranch Subdivision/PUD and Stein Lot Split Subdivision Minor Amendment to a Development Permit, subject to the conditions of the attached Resolutions." •Ms WOIff is a pmfessmnil planner wnh a Bachelor's degrx,n Urban Smdim from the University ofPm ylvenia and is a member of the Amman lmom¢ofCerofed Planners Ms Wolff ham worked for theAspen/Pitkm County Community Development Depanmmt for 8 years,and in a Plmner within that deputment for 4''Ayeses Inherplanningpositioum,Wolffhau reviewed numerous had use applications pursuant to the PLWn County Land Use Code 2 000013 VANN ASSOCIATES, LLC Planning Consultants October 6, 2000 HAND DELIVERED Ms. Suzanne Wolff Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Red Butte Ranch Subdivision/PUD and Stein Lot Split Subdivision, Minor Amendment to a Development Permit Dear Suzanne: Please consider this letter an application for a minor amendment to the development approvals for the Red Butte Ranch Subdivision/PUD and the Stein Lot Split Subdivi- sion (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The purpose of the amendment is to clarify the two Subdivisions' previously approved floor areas. The application is submitted pursuant to Section 3-200-080 of the Pkkin County Land Use Code by the Marjorie B. Stein L.L.L.P., a Colorado limited liability limited part- nership (as to an undivided 62.92 percent interest), and James Daggs as Special Trustee of Trust B, u/w/o Henry L. Stein, Deceased (as to an undivided 37.08 percent interest), the owners of the property (hereinafter "Applicant"). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant and an application fee agreement are attached as Exhibits 2 and 3. Background The Red Butte Ranch Subdivision/PUD application was submitted by the Applicant in September of 1995. The project site consists of Parcel 2 of the Red Butte Ranch which is located on the south side of McLain Flats Road approximately two miles northwest of the intersection of Highway 82 and Cemetery Lane. Parcel 2 consists of a single metes and bounds parcel which contains approximately 232 acres. The Stein Lot Split Subdivision application was submitted by the Applicant in May of 1996. The project site consists of the remainder of the Red Butte Ranch (a/k/a, Parcel 1) which is located on the north side of McLain Flats Road across from the Red Butte 230 East Hopkins Ave • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 000014 Ms. Suzanne Wolff October 6, 2000 Page 2 Ranch Subdivision/PUD. Parcel 1 consists of a single metes and bounds parcel which contains approximately 182 acres. The development program for the Red Butte Ranch Subdivision/PUD consists of five single-family lots, one of which contains the existing Stein residence, a guest house and a caretaker's apartment. Four new single-family residences and four one bedroom, Category 1 affordable housing units will be constructed on the vacant lots. A replacement single-family residence may be constructed on the lot which contains the existing Stein residence. The development program also includes an approx- imately 98 acre open space parcel and four conservation parcels which are to be conveyed to Pitkin County. The conservation parcels contain a total of approximately 84 acres and include approximately two miles of Roaring Fork River frontage. The development program for the Stein Lot Split Subdivision consists of two single- family lots and an approximately 97 acre conservation parcel which is also to be conveyed to Pitkin County. Two new single-family residences will be constructed on the lots. Each of the lots may also contain a deed restricted caretaker dwelling unit at the discretion of the individual lot owner. The six new single-family residences to be developed in the two Subdivisions, and any replacement of the existing Stein residence, have been voluntarily limited to a maxi- mum floor area of 8,500 square feet, inclusive of the required affordable housing units on Parcel 2 and the caretaker dwelling units on Parcel 1. Floor area measure- ments are to be measured based on the County's floor area regulations in effect at building permit. The new residences will also be limited to a maximum height of twenty-five feet. The residences will be subject to architectural and landscape guidelines while the conservation parcels will be encumbered with conservation easements. No further subdivision or development will be permitted. The Red Butte Ranch Subdivision/PUD received a GMQS allocation for the project's four new single-family residences in March of 1996 pursuant to BOCC Resolution No. 96-69. General submission, PUD, 1041 hazard review and caretaker dwelling unit approval was also granted in March of 1996 pursuant to BOCC Resolution No. 96-73. Detailed submission and final plat approval were granted in October of 1997 pursuant to BOCC Resolution No. 97-198. The Subdivision's required augmentation plan was approved by the Water Court in February of 1998. The Stein Lot Split Subdivision received general submission, 1041 hazard review, and caretaker dwelling unit approval in February of 1997 pursuant to BOCC Resolution No. 97-24. A GMQS exemption for a 50 percent density reduction lot split was also 000015 o 0 Ms. Suzanne Wolff October 6, 2000 Page 3 granted concurrent with general submission approval. Final plat approval was granted in April of 1998 pursuant to BOCC Resolution No. 98-66. The vested rights status of the two Subdivisions were extended for ten years pursuant to BOCC Resolutions No. 99-187 and 99-188 which were approved on October 13, 1999. As a result, the vested rights for the Stein Red Butte Ranch Subdivision/PUD will expire on October 22, 2010. The vested rights for the Stein Lot Split Subdivision will expire on April 22, 2011. The extensions are contingent upon the recordation of the final plat documents for the Red Butte Ranch Subdivision/PUD and the Stein Lot Split Subdivision by October 22, 2000 and April 22, 2001, respectively. Protective covenants memorializing the conditions of the County's approvals, a subdivision improvements agreement, a deed of conservation easement, an access road plan and profile, a utility plan, and a landscape plan will be recorded concurrently with the Red Butte Ranch Subdivision/PUD's final subdivision plat. Protective covenants and a deed of conservation easement will also be recorded with the Stein Lot Split Subdivision's final plat. The various documents have been reviewed and approved by both the County Attorney and the Community Development Department and are ready for signature and recordation. Proposed Amendment The approved floor area limitation which encumbers both the Red Butte Ranch Subdivision/PUD and the Stein Lot Split Subdivision were voluntarily imposed by the Applicant. As noted previously, the Applicant also voluntarily agreed that the floor areas would be calculated based on the County's floor area regulations in effect at the time of building permit. This latter requirement was intended to address the possibili- ty of minor regulatory changes in how floor area is measured (e.g., the extent to which decks are included or excluded, the effect of roof overhangs, etc.) prior to construction of the residences. Absent this provision, it would have been necessary to incorporate the floor area regulations in effect at the time the subdivisions were approved in their respective protective covenants. With the County's adoption of Ordinance No. 023-2000 in June of this year, the definition of floor area was revised to include basements in the measurement of allowable floor area. Prior to the new ordinance, basements were excluded from the measurement of floor area up to a maximum of four thousand square feet. At the time the Applicant's subdivisions were approved, the proposed residences were entitled to 8,500 square feet of floor area plus an exempt 4,000 square foot basement. As a result of the new floor area definition, basements would now have to be subtract- ed from the 8,500 square foot floor area limitation. 000016 ti © 0 Ms. Suzanne Wolff October 6, 2000 Page 4 The unintended consequence of the Applicant's voluntary floor area limitation and agreement to calculate floor area based on the regulations in effect at building permit is to essentially deprive the Applicant of the house size on which the original floor area limitation was based. While Ordinance 023-2000 permits the use of transferrable development rights to increase allowable floor area, the present 8,500 square foot floor area limitation in combination with the new floor area definition precludes this option. As you know, the acquisition of a TDR entitles an owner to an additional 2,500 square feet of floor area subject to County approval. This flexibility, however, is precluded given the present language of the Applicant's land use approvals. To address this issue, the Applicant proposes to amend the two Subdivisions' develop- ment approvals to permit the use of TDRs to increase the allowable floor area of the previously approved residences by up to 4,000 square feet. The additional floor area, however, would only be used for purposes of constructing a basement. No increase in the present 8,500 square foot limitation would be allowed above grade, and any basement would be limited to a maximum of 4,000 square feet. In other words, the Applicant requests the flexibility to recoup the previously allowed basements via the acquisition of TDRs, an option which is presently permitted with respect to similarly situated properties throughout the County. The proposed language which would be required to permit this flexibility has been incorporated in the protective covenants of both the Red Butte Subdivision/PUD and the Stein Lot Split Subdivision which are attached hereto as Exhibit 4 and 5. Please note the required language has been highlighted for your convenience. Review Requirements In reviewing a request for a minor amendment to a development approval, the BOCC is required to consider the following criteria. 1. "The amendment must be a clarification or a technical correction to a plat." The sole purpose of the amendment is to clarify the approved Subdivisions' present floor area limitations. 2. "The amendment must not change the use of the proposed develop- ment between residential, commercial and tourist accommodation uses." The proposed amendment will not change the use of the approved Subdivi- sions. 000017 o Ms. Suzanne Wolff October 6, 2000 Page 5 3. "The amendment must be consistent with action taken during the review of the original development and does not constitute a new land develop- ment activity." The requested amendment will simply restore the Subdivisions' floor area limitations to the same status as originally approved. 4. "The proposed activity does not: a) change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; b) increase off-site impacts in the sur- rounding neighborhood; c) endanger the public health, safety or welfare; d) violate any Land Use Code standard; e) substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and f) Increase the floor area of the use by more than two (2) percent or decrease the open space on the site by more than (3) percent. The proposed amendment will not change the character of the previously approved Subdivisions; increase off-site impacts; endanger the public health, safety or welfare; violate any land use standard; substantially increase the need for on-site parking or utilities; affect affordable housing generation; increase the floor area by more than two percent; or decrease the Subdivisions' open space by more than three percent. The proposed amendment will simply allow the reinstatement of basements subject to the acquisition of TDRs. Vested rights Extension Pursuant to of BOCC Resolution No. 99-187, the final plat for the Red Butte Ranch Subdivision/PUD must be recorded on or before October 22, 2000 for the approved vested rights extension to occur. Similarly, Resolution No. 99-188 requires that the final plat for the Stein Lot Split Subdivision be recorded by April 22, 2001. Inas- much as the various final plat documents for the Red Butte Ranch Subdivision/PUD cannot be recorded until the requested amendment is reviewed by the BOCC, the Applicant respectively requests that the October 22 deadline be extended until thirty days after the disposition of this application by the Board. Given what we believe to be the lack of controversy surrounding the proposed amendment, I would appreciate it if you would schedule our application for review by the Board at their earliest possible convenience. The Applicant is anxious to record the final plat documents for both subdivisions and to conclude what has obviously been a lengthy approval process. 000018 Ms. Suzanne Wolff October 6, 2000 Page 6 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, jSunn ASSOTES, LLC ann, AICP Sv:c Attachments cc: Mary Dominick Arthur C. Daily, Esq. e:\oldc\bus\counry.app\app29195amd 000019 © © EXHIBIT 1 PITIG1 COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 10/2/00 PROJECT: Stein/Red Butte Ranch Minor Amendment to a Development Permit LOCATION: McLain Flats Road REPRESENTATIVE: Sunny Vann Phone/Fax:925-6958 OWNER: Marjorie Stein Type of Application: Amendment to a Development Permit Description of Project/Development: Applicant proposes to amend the Stein and Red Butte Ranch subdivision approvals to permit the use of TDRs in order to exceed the specified floor area,in order to accommodate subgrade space only,and not to exceed 4,000 square feet of subgrade space. Applicant also requests to amend the deadline for recordation of the Final Plat for the Red Butte Ranch subdivision(10/22/00)until 30 days after approval of this amendment. Land Use Code Section 3-200-080,Minor Amendment to a Development Permit Review by: BOCC only Public Hearing? NO. Staff will refer to: Attorney Planning Deposit: $460(additional hours are billed at a rate of$185/hour) TOTAL DEPOSIT: $460(make check payable to"Pitkin County Treasurer") To apply,submit 5 copies of the following information,unless noted otherwise: 1. Summary letter explaining the request and addressing compliance with the Code sections listed above. 2. Consent from owner to process application and authorizing the representative(I copy) 3. Signed fee agreement(2 copies) 4. Total deposit for review of the application 5. List of all adjacent property owners(1 copy) 6. Copy of this preapp form (1 copy) This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000020 OcL 09 00 07:55a va© Associates, LLC t97O 920-9310 p. l ' EXHIBIT 2 October 7, 2000 Ms. Suzanne Wolff Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Wolff: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of Our application for a minor amendment to the development approvals for the Red Butte Ranch Subdivision/PUD and the Stein Lot Split Subdivision. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, MARJOR.IE B. STEIN L.L.L.P. Mary Do ' 'ck P.O. Box 1047 Aspen, CO 81612 (970) 925-7892 c:tb,,,Nw,,,,a.tv'ft1959s.ws 000021 Oet 09 00 07:55a Va© nssociates, LLC 1970 920-9310 p.2 EXHIBIT 3 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agre ..+ant for Payment of Pitkin County Deve ;ment Application Fees PITKIN COUNTY (hereinafter COUNTY) and � (hereinafter APPLICANT)AGREE AS FOLLOWS: 1J 1. APPLICANT su C li atio fore?, (hereinafter, THE PROJECT). 9I APPLICANT understands and agrees that Pitkin County Resolution No. 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 tYrdt bzcam-t rf u"tz size,rat sQ �s 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 to all APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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. 000022 Oct 09 00 07: 5Ga Vac Associates,LLC (970 920-9310 p. 3 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%"' � w'hich is for hours of Planning 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. PITIQN COUNTY APPLICANT Cindy Houben Print Name Community Development Director Siguatt re Date: i G' Mailing Address: �bapPordform+vB�W Y•aot Nt9i" 000023 ® EXHIBIT 4 PROTECTIVE COVENANTS FOR RED BUTTE RANCH SUBDIVISION/PUD , 2000 ARTICLE I PURPOSE OF COVENANTS These Protective Covenants ("Covenants") shall govern and be applicable to that certain real property situated in Pitkin County, Colorado, known as Red Butte Ranch Subdivision/PUD (the "Subdivision"), as depicted and described on the Final Plat of Red Butte Ranch Subdivision/PUD (the "Final Plat) recorded in Plat Book _ at Page _ of the Office of the Clerk and Recorder of Pitkin County, Colorado. It is the intention of The Marjorie B. Stein L.L.L.P., a Colorado limited liability limited partnership, as to an undivided 62.92% interest, and James Daggs as Special Trustee of Trust B u/w/o Henry L. Stein, Deceased, as to an undivided 37.08% interest (collectively "Stein"), expressed by their execution of this instrument, that the present beauty, views, and environment of the lands within the Subdivision be protected, subject to the uses and improvements permitted by this instrument. In furtherance of these objectives, Stein does hereby recite that from and after the recording of this instrument in the real property records of Pitkin County, Colorado, the lands within the Subdivision shall be forever burdened and benefitted by and subject to the following Covenants, to the extent set forth herein, which Covenants shall run with the title to all of the lands within the Subdivision. Conservation Parcels A, B, C and D are not within the platted Subdivision, and are not burdened by these Covenants. ARTICLE II DEFWITIONS As used in this instrument, the term "Subdivision" shall be deemed to mean and include all of the lands depicted and described on the Final Plat of Red Butte Ranch Subdivision/PUD recorded in Plat Book _ at Page _ of the Office of the Clerk and Recorder of Pitkin County, Colorado, as said Final Plat may be amended from time to time. The term "Lot' shall mean and refer to each of Lots 1, 2, 3, 4 and 5 as designated and described on the Final Plat. The term "Open Space Parcel' shall mean and refer to the Open Space Parcel as designated and described on the Final Plat. The term "Conservation Parcel" shall mean and refer to each of Conservation Parcels A, B, C and D, as shown, designated and described on Sheet 4 attached to the Final Plat. As stated above, said Conservation Parcels are not part of the Subdivision, and these Covenants shall not apply to, burden or affect said Conservation Parcels in any way. The term 000024 "Association" shall mean and refer to the Red Butte Ranch Homeowners Association, a Colorado nonprofit corporation, its successors and assigns. ARTICLE III RED BUTTE RANCH HOMEOWNERS ASSOCIATION The Red Butte Ranch Homeowners Association (the "Association") is being formed as a Colorado non-profit corporation to manage the affairs of the Subdivision and to own and manage the Open Space Parcel. There shall be one membership in the Association for each Lot in the Subdivision, which membership shall belong to the record owner(s) of the Lot. The membership appurtenant to a Lot shall automatically pass with fee simple title to the Lot. Each Lot shall have one (1) vote in the Association, and shall bear an equal one-fifth (1/5) share of the common expenses of the Association. The Association shall have and may exercise all of the powers and rights and duties of a Colorado corporation formed under the Colorado Revised Nonprofit Corporation Act, and shall be governed by the provisions of the Articles of Incorporation and Bylaws of the Association and by these Protective Covenants. ARTICLE IV ASSESSMENTS 1. Assessments. All Lot owners shall be obligated to pay assessments imposed by the Board of Directors of the Association. Such assessments shall be borne and paid in equal shares by each of the five (5) Lots in the Subdivision. Assessments may be lawfully imposed for any items of common expense incurred by the Association which may include, among other things: expenses for maintaining, improving and snowplowing the common access road; expenses for irrigating, operating, managing, improving and maintaining the Open Space Parcel; expenses for property taxes attributable to improvements and underlying land in the Open Space Parcel and the improvements thereon; expenses for maintaining and improving common utility lines; expenses for contracting, operating, or maintaining a security system for the residents of the Subdivision (in the discretion of the Board of Directors); expenses of the Architectural Committee; insurance, accounting and legal expenses of the Association; and any other reasonable costs and expenses incurred by the Association in the furtherance of its legitimate purposes. The Board of Directors may establish contingency and reserve funds in such amounts as it may deem appropriate from time to time for the maintenance and improvement of the common access road and the Open Space Parcel (including the improvements thereon) and any other anticipated costs and expenses of the Association. The Board of Directors shall also have the right during any calendar year to levy and assess against some or all of the owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be deemed necessary or appropriate by the Board. Such special assessment shall be shared equally among all of the Lot owners against whom it is levied, and shall be due and payable as determined by the Board of Directors. 000025 2 Q 2. Lien for Non-Payment of Assessments. All sums assessed by the Board of Directors against a particular Lot including, without limitation, the share of common expense assessments and special assessments chargeable to any Lot, shall constitute a security interest and lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: (a) tax and special assessment liens on the Lots in favor of any governmental assessing unit, and, (b) all sums unpaid on a first mortgage of record. If any assessment shall remain unpaid for more than thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the rate of eighteen percent (18%) per annum, or at such other rate as may be established from time to time by the Board of Directors, and the Board of Directors may impose a reasonable late charge on such defaulting owner to cover the extra costs and expenses involved in handling such delinquent assessments. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees and costs incurred by it in connection with any demands for payment and/or collection of delinquent assessments and fines. To evidence such lien the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of the Lot and its legal description. Such a notice shall be signed by one of the Board of Directors and shall be recorded in the office of the Clerk and Recorder of the County of Pitkin, Colorado. Such lien may be enforced by the Association by foreclosure on the defaulting owner's Lot in like manner as a mortgage on real property. In any such foreclosure, the Lot owner shall be required to pay the costs and expenses of such proceedings including all reasonable attorneys' fees. The Lot owner shall also be required to pay to the Association any additional assessments or fines made against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect rents to apply against unpaid assessments and fines and costs. The Board of Directors, for the Association, shall have the power to bid on the Lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an owner personally to collect any monies owed the Association. (c) Each Lot owner hereby agrees that the Association's lien on a Lot for assessments as hereinbefore described shall be superior to the Homestead Exemption provided by Colo. Rev. Stat. Ann. § 38-41-201, et sga. (1973, as amended), and each Lot owner hereby agrees that its acceptance of the deed or other instrument of conveyance in regard to any Lot within the Subdivision shall signify such grantee's waiver of the homestead rights granted in said section of the Colorado statutes. 000026 3 (d) Any recorded lien for non-payment of assessments or fines may be released by recording a release of lien executed by a member of the Board of Directors. ARTICLE V ARCHITECTURAL COMMITTEE 1, Architectural Committee. The Architectural Committee shall be the Board of Directors of the Association. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument, and such other duties as may from time to time be delegated to it by the Board of Directors. 2. Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling units, garages, accessory buildings, swimming pools, tennis courts, ponds, parking areas, fences, walls, driveways, flag poles, curbs and walks, shall be erected, altered or permitted to remain within the Subdivision (with the exception of existing improvements on Lot 1 and the Open Space Parcel), nor shall any excavating, tree cutting, clearing or landscaping be done within the Subdivision, unless the complete architectural, site development and landscaping plans and specifications therefor and a site plan showing the location and orientation thereof for such erection or alteration or other activity are approved in writing by the Architectural Committee prior to the commencement of such work. At least one (1) complete set of the architectural and site development and landscaping plans and specifications shall be approved by the Architectural Committee along with a complete list of all materials and colors to be used. All copies of the complete plans and specifications shall be signed for identification by the Lot owner or his architect, or by the Association if it is the applicant. The Architectural Committee shall have the right to request whatever additional information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may (but shall not be obligated to) adopt rules and regulations describing what information, reports, plans, specifications and the like are required to be submitted to the Architectural Committee and outlining the review and approval procedure to be used by the Architectural Committee. In the event the Architectural Committee fails to take any action within 60 days after complete plans and specifications have been submitted to it, then such submitted plans and specifications shall be deemed approved. All approvals or disapprovals shall require a majority vote of the Architectural Committee, and in the event of disapproval, the reasons therefor shall be specified. 3. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, and following the mailing of at least ten (10) days notice of the request for such variance to the Association and to all other Lot owners, allow reasonable variances as to any of the land use covenants and restrictions and any of the Architectural Guidelines contained in this instrument, on such terms and conditions as it shall require. No variance shall be granted which contravenes 000027 4 any provisions of these Covenants required by any approvals obtained by Stein from Pitkin County for the Subdivision, or which violate the Pitkin County Land Use or Building Codes. 4. General Standards. Architectural Guidelines. The Architectural Committee shall exercise its best judgment to see that all new improvements, construction, landscaping and alterations within the Subdivision conform and harmonize with the natural surroundings and with existing structures as to exterior design, materials, color, siting, height, finished grade elevations, and all other design features, and that they are consistent with these Covenants and with the Architectural Guidelines attached hereto as Exhibit A and made a part hereof by this reference. The Architectural Committee shall protect the seclusion and view of each homesite insofar as reasonably possible in the development of the Subdivision pursuant to these Covenants, and shall require such landscaping as the Architectural Committee shall consider reasonable and appropriate. 5. Preliminary Approvals. Persons who anticipate constructing improvements on lands within the Subdivision, whether they already own lands in the Subdivision or are contemplating the purchase of such lands, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to provide an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials and colors are submitted and approved. The Architectural Committee may set a fee for this preliminary review service. 6. Inadequate Architectural Site Development or Landscaping Plans. The Architectural Committee shall disapprove any architectural, site development or landscaping plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 7. Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or entity submitting any plans for approval, or to any owner or owners of lands within the Subdivision, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any owner or prospective owner by any third parties. The decisions of the Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 8. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all applications for approval submitted to it (including one set of all architectural and site development and 000028 5 o landscaping plans so submitted) and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. ARTICLE VI DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS 1. Resolutions of Board of County Commissioners. Owners of lands within the Subdivision shall adhere to the requirements and restrictions set forth in, and enjoy the benefits of, Resolution Nos. 96-69, 96-73, 97-198, and 99-188 of the Pitkin County Board of County Commissioners, as recorded at Reception Nos. 419095, 391911, 411304, and 438008, and . respectively, in the Office of the Clerk and Recorder of Pitkin County, Colorado. In the event of any conflicts between said Resolution and these Covenants, the terms and provisions of the Resolution shall govern and control. Under Resolution No. 99-188, the right to undertake and complete the development of the lands within the Red Butte Ranch Subdivision/PUD pursuant to the terms and conditions of the above-described Resolutions, and specifically including without limitation the 8,500 square foot allowable floor area for each of Lots 1, 2, 3, 4 and 5 and the right to use TDR's to build up to 4,000 additional square feet of gubgrade basement floor area on each of said i.ots is vested until October 22, 2010 and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use regulation that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes, subject to the exceptions set forth in Sections 24-68-105(a-c) and 24-68- 105(2). Provided, that floor area calculations shall be based on the Land Use Code regulations in effect at the time a building permit is applied for on a particular Lot. 2. Development Limitations on Certain Lots. (a) On each of Lots 2, 3, 4 and 5, development shall be limited to one (1) free market single-family residence, one (1) deed restricted Category One affordable housing unit, and such accessory uses and structures as may be permitted from time to time in the AFR-10, Agricultural and Forestry Zone District or any successor to such Zone District. (b) The single-family residences on Lots 2, 3, 4 and 5 shall be limited to a maximum of four (4) bedrooms each. Additional bedrooms may be approved by Pitkin County subject to mitigation by the Lot owner (in the form of more on-site affordable housing bedrooms or cash-in-lieu) of any incremental affordable housing requirement associated with the additional approved bedroom(s). In no event shall Stein's original commitment to house employees within the Subdivision in an amount equal to 50 percent of the number of residents housed in the free-market residences to be constructed on Lots 2, 3, 4 and 5 be reduced. (c) All structures on Lots 2, 3, 4 and 5 must be located within the building envelopes depicted on the Final Plat. Before beginning construction of a 000029 6 single-family residence, the owner of each of said Lots shall erect temporary construction fencing along the southern boundary of the building envelope in order to maintain and protect the 30 foot setback from the adjacent top of slope. (d) On each of Lots 2, 3, 4 and 5, the maximum allowable residential floor area (single-family residence and affordable housing unit combined) shall be 8,500 square feet. Further, on each of said Lots TDR's may he used for the Role purpose of building no to 4,000 additional square feet of subgrade basement floor area on the Lot_ Floor area calculations shall be based on the Land Use Regulations in effect at the time a building permit is applied for on a particular Lot. (e) On each of Lots 2, 3, 4 and 5, the height of the single-family residence is limited to 25 feet, as calculated by Pitkin County at the time of building permit issuance. Accessory structures, including detached affordable housing units, shall comply with Pitkin County accessory structure height standards in effect at the time of building permit issuance, but shall not exceed the height of the single-family residence. (f) On Lots 2, 3, 4 and 5, no development (including grading) shall occur outside the building envelopes, except the following: (i) Landscaping identified on the Landscape Plan, as said Plan may be amended from time to time with the prior consent of the Association and the County. The Landscape Plan contains the minimum landscaping requirement for each of Lots 2, 3, 4 and 5, and the Owner of each such Lot shall be obligated to provide the required landscaping on the Owner's Lot no later than 6 months following receipt of a Certificate of Occupancy for the single-family residence thereon. (ii) Removal of vegetation to create a defensible space for fire protection; (iii) Water wells and/or septic systems, if it is not feasible to locate them within the building envelopes, as determined by the Environmental Health Department; (iv) Irrigation systems and facilities; (v) Installation of underground utilities; (vi) Access roads identified on the Final Plat, and individual driveways; and (vii) Fencing (and maintenance thereof) meeting Pitkin County standards. 000030 7 (g) Throughout the Subdivision, development shall be prohibited on slopes exceeding 15% in grade, unless Pitkin County specifically approves an exception to this restriction. (h) Lot 1 is presently developed with a single-family residence, a guest house, and a garage with an attached one-bedroom caretaker's apartment. Prior to the issuance of the first building permit for a single-family residence on Lots 2, 3, 4 or 5, the caretaker apartment attached to the garage on Lot 1 must be (aa) inspected by the Pitkin County Building Department and brought into compliance with health/safety requirements of the Uniform Building Code, and (bb) deed restricted to Pitkin County's caretaker dwelling unit guidelines in effect at the time of recording of the deed restriction. Alternatively, said caretaker apartment may be eliminated. If the caretaker unit is found to exceed 700 net livable square feet, which is the maximum size presently allowed for a caretaker dwelling unit, the Lot 1 Owner shall not be required to reduce the size of the unit to comply with that limitation. If the caretaker unit is ever demolished, the owner of Lot 1 shall have the right to apply to Pitkin County for a replacement caretaker unit on Lot 1. (i) If the existing single-family residence on Lot 1 is enlarged, or is demolished and reconstructed, the following shall apply: (aa) Any new structures on Lot 1, and any enlargement of an existing structure on Lot 1, must be located within the building envelope depicted on the Final Plat; (bb) No on-site affordable housing unit will be required, except that any other affordable housing mitigation requirements in effect for replacement units at the time of building permit submittal shall be applicable provided such requirements do not violate the vested rights enjoyed by the Red Butte Ranch Subdivision/PUD as set forth above in this Article VI.; (cc) The existing guest house may remain (or be reconstructed) as a non-deed restricted guest house; (dd) The maximum allowable residential floor area (single-family residence, guest house and caretaker's unit combined) shall be 8,500 square feet, calculated in accordance with the regulations in effect at the time of application for a building permit to enlarge the existing structure(s) or to construct a replacement single-family residence on Lot 1. Further. TDR's may be used on Lot 1 for the sole ournoseof building ug to 4,000 additional square feet oL subgrade basement floor area; 000031 8 o (ee) The height of the new residence shall be limited as set forth in Paragraph 2(e) above; (ff) There shall be no limitation on the number of bedrooms, except that the owner must apply to Pitkin County for approval to construct more than 5 bedrooms in the event required by County regulations in effect at that time; (gg) The existing tennis court and pool may remain or be reconstructed within the Building Envelope depicted on the Final Plat. (j) None of Lots 1, 2, 3, 4 or 5, or the Open Space Parcel, shall be further subdivided, except that lot line adjustments shall be permitted if the approval of Pitkin County is first obtained. 3. Open Space Parcel. (a) The Open Space Parcel is permanently restricted to such agricultural, ranching, recreational and open space uses and improvements as may be authorized from time to time by Stein, or following the conveyance of the Open Space Parcel to the Red Butte Ranch Homeowners Association, by the Board of Directors of the Association. As used herein, "agricultural, ranching, recreational and open space uses and improvements" shall be deemed to include but not be limited to: (i) Irrigation activities and facilities, including the installation, maintenance, improvement, operation and replacement of ponds, ditches, headgates, aesthetic water features, and other water collection, distribution and delivery systems. (ii) Access roads, trails, and underground utility lines and any associated above-grade facilities.. (iii) Seeding, fertilizing and harvesting of hay and other appropriate crops from time to time, and all forms of gardening. (iv) Pasturing, grazing, stabling, breeding, raising, feeding, and care of cattle, horses and other livestock. (v) Construction, maintenance, improvement, operation and replacement of agricultural, livestock-related, or open space structures, improvements or facilities, including without limitation fences, corrals, barns, sheds, and stables, and such recreational improvements and facilities as are not materially 000032 9 ® 4 inconsistent with the primary agricultural, ranching and open space purpose of the Open Space Parcel. All such structures and improvements shall be permitted uses in the zone district, and (with the exception of fences and corrals) shall comply with applicable provisions of the Pitkin County Land Use Code and shall receive such approvals as may be required pursuant thereto. (vi) Existing improvements and uses of the Open Space Parcel, including the ranch manager's residence and any improvement or reconstruction thereof. (vii) Horseback riding, hiking, cross-country skiing, and other outdoor recreational activities. (b) With the exception of the uses and improvements permitted under subparagraph (a) above, Stein (or following the conveyance of the Open Space Parcel to the Red Butte Ranch Homeowners Association, the Association) shall preserve and maintain 100 percent of the irrigated lands within the Open Space Parcel that are delineated on the Final Plat as "irrigated pasture". (c) With the exception of the uses and improvements permitted under subparagraph (a) above, no residential or commercial uses or activities shall be permitted on the Open Space Parcel. (d) Prior to the conveyance of any of Lots 1, 2, 3, 4 or 5 to a third party (excepting a member of Stein's immediate family, a transfer for estate purposes or a bulk transfer of the entire Subdivision), Stein shall form the Red Butte Ranch Homeowners Association comprised of the owners of the five (5) Lots in the Subdivision, and shall convey the Open Space Parcel to the Association by Bargain and Sale Deed for the use and benefit of said Lot owners and their respective families, guests, invitees and tenants. (e) The Open Space Parcel and all parts thereof shall be maintained at all times in a clean and attractive condition. All costs and expenses of owning, improving, maintaining, caring for and operating the Open Space Parcel or any part thereof(including the improvements thereon, and the irrigation system and facilities that serve the same) shall be borne by Stein until the Open Space Parcel is conveyed to the Association, and thereafter such costs shall be borne by the Association. 4. Affordable Housing. (a) The owner of each of Lots 2, 3, 4 and 5 shall provide an above grade deed restricted one-bedroom affordable housing unit within the building envelope on the Lot. The building permit for the affordable housing unit shall be 10 000033 o issued concurrently with the building permit for the single-family residence on the Lot, and one permit shall not be issued without the other. Prior to occupancy of the single-family residence, the affordable housing unit shall have received a Certificate of Occupancy. (b) The affordable housing unit may be either detached or attached to the principal single-family residence, and shall meet or exceed the Aspen/Pitkin County Housing Authority ("APCHA") minimum net livable area requirement for Category One units in effect at the time of issuance of the building permit. (c) Prior to the issuance of a building permit for either the primary single-family residence or the affordable housing unit on a Lot, the Lot owner shall execute and file with the APCHA an agreement in form acceptable to the APCHA which deed restricts the affordable housing unit to be built on that Lot in accordance with the APCHA's Category One income and occupancy guidelines for rental units in effect at the time of issuance of the building permit. (d) Notwithstanding subparagraphs (a-c) above, if at the time a Lot owner applies for a building permit for a single-family residence on a Lot, the County cannot legally require that the Lot owner deed restrict an affordable housing unit to be built on the Lot in accordance with the APCHA's Category One rental guidelines, then the Lot owner shall pay to the County cash in lieu of providing said affordable housing unit in an amount calculated in accordance with the cash in lieu regulations then in effect in the County. In such event, the requirements set forth in subparagraphs (a-c) above shall not apply to that Lot. By its execution hereof, the County acknowledges that said cash in lieu payment will satisfy and discharge the deed restriction requirement contained in Paragraph 6(E) of BOCC Resolution No. 97-198 as it applies to the Lot in question. In turn, by its execution hereof, Stein acknowledges that the construction of deed restricted units or the alternative payment in lieu of providing such units is required and offered as mitigation for impacts associated with the approved Subdivision. (e) The foregoing affordable housing requirements shall not apply to Lot 1. (f) Prior to the issuance of the first building permit for a single-family residence on Lots 1, 2, 3, 4 or 5 (excepting a building permit to remodel the existing residence on Lot 1), the owner of the Open Space Parcel must execute and record a deed restriction which restricts the existing ranch manager's residence on the Open Space Parcel to the APCHA Category Three income and occupancy guidelines for rental units in effect at the time of issuance of the building permit. The deed restriction shall specifically provide that the Association shall always have the first right to rent the ranch manager's residence to any qualified tenant of its choice, provided such manager meets the Category Three income and occupancy guidelines. The foregoing notwithstanding, if at the ®J0034 11 © O time the Open Space Parcel owner is prepared to record the deed restriction the County cannot legally require that the deed restriction contain rent controls, then the deed restriction shall contain all of the APCHA Category Three income and occupancy guidelines except the rent controls. By its execution hereof, the County acknowledges that said modified deed restriction will satisfy and discharge the requirements contained in Paragraph 5 of BOCC Resolution No. 97-198. In turn, by its execution hereof, Stein acknowledges that the execution and recording of the subject deed restriction is required and offered as mitigation for impacts associated with the approved Subdivision. 5. Utilities. (a) Each Lot owner shall drill a water well and shall install a septic system (approved by the Environmental Health Department) on the Lot. Stein hereby expressly waives the requirement contained in C.R.S. Section 37-90- 137(2) that new wells within the Subdivision be located at least 600 feet from existing wells. (b) Electric and telephone utility extensions to the Lot lines shall be buried underground and shall be located within the common access road, to the extent feasible. All individual utility service lines from the Lot lines to the building envelopes shall also be buried underground, shall be located within the Lot driveways where feasible, and shall be installed by the Lot owners at their cost. Lot owners shall convey such easements to the utility companies serving their Lots as may be required. Areas disturbed by the installation or maintenance of utility lines shall be revegetated by and at the expense of the Lot owner causing the disturbance, no later than the next growing season. (c) All residences on Lots 2, 3, 4 and 5 (except detached affordable housing units), and any new principal residence constructed on Lot 1, shall contain interior sprinkler systems. 6. Common Access Road and Driveways. (a) A perpetual, non-exclusive easement and right-of-way 30 feet in width has been dedicated on the Final Plat for purposes of access from McLain Flats Road to Lots 1, 2, 3, 4 and 5 and the Open Space Parcel, respectively, and for underground utility lines. The maintenance, repair, snowplowing and further improvement of said common access road shall be the responsibility of Stein until the Open Space Parcel is conveyed to the Association, and thereafter shall be the responsibility of the Association. All road repairs and improvements shall be made in a good and workmanlike manner and in compliance with applicable laws, regulations and codes. (b) Stein shall be responsible for making initial improvements to the common access road, and to the intersection thereof with McLain Flats Road, as 000035 12 set forth in the Subdivision Improvements Agreement for the Subdivision. An access permit must be obtained from the County Engineer prior to improvement of the access road. If required, an erosion and sediment control plan must be submitted to the County Engineer for review and approval before the access permit is issued. (c) Each individual Lot owner is responsible for constructing the driveway that serves the Owner's Lot, and an access permit must be obtained therefor from the County Engineer before construction is begun on the driveway and before any building permits will be issued for the Lot. If required, an erosion and sediment control plan must be submitted to the County Engineer for review and approval before the access permit is issued. Individual driveways shall be designed and constructed in accordance with the Pitkin County Road Management and Maintenance Plan in effect at the time an access permit is applied for. (d) Individual driveways must be paved, or graveled and treated with an approved dust retardant, at the cost of the Lot owner. 7. Road Improvement District. The owners from time to time of each of the Lots shall be required to join a road improvement district that encompasses said Lot(s), if such a district is ever formed. 8. Air Ouality. (a) The owners of each of Lots 1, 2, 3, 4 and 5 shall adhere to the Pitkin County Air Quality Standards in effect at the time of issuance of any building permits. All residential structures must comply with the Pitkin County fireplace and woodburning stove regulations in effect at the time of issuance of the building permit therefor. No woodburning devices shall be permitted in either single-family residences or affordable housing units on the Lots, provided that existing wood burning devices in structures on Lot 1 may be retained until a structure is demolished and replaced, in which event the wood burning device must be eliminated. (b) Prior to the issuance of a building permit for a residence on Lots 2, 3, 4 or 5, or for a replacement residence in the new Building Envelope on Lot 1, the Lot owner shall pay to the County Finance Director an air quality mitigation fee of$11,220.00 per Lot, which funds may only be used by the County for trail acquisition and/or construction. (c) Lot owners shall submit erosion and sediment control plans to the County Engineer for review and approval in the event required in connection with all construction and other earthmoving activities. 000036 13 © 0 (d) At the time of applying for a building permit on any of Lots 1, 2, 3, 4 and 5, the Lot owner shall submit a fugitive dust control plan to the Environmental Health Department for its review and approval. 9. Drainage Plans. At the time a building permit is applied for on any Lot in the Subdivision, the Lot owner shall submit to the County Engineer a Drainage Plan which incorporates measures to eliminate drainage impacts of new construction on the steep slopes to the south of the building envelope on the Lot. To the extent required, on-site detention, temporary construction measures such as silt fencing and haybale detention areas, and final landscape design incorporating grassed sedimentation basins, shall be incorporated in the Drainage Plan. Before beginning construction of a single- family residence on any Lot, the Lot owner shall erect temporary construction fencing along the southern boundary of the building envelope in order to maintain and protect the 30 foot setback from the adjacent top of slope. 10. Soils and Geology. At the time a building permit is applied for on any Lot in the Subdivision, the Lot owner shall submit to the County Engineer a Soils Report concerning the soils within the Building Envelope on the Lot. 11. Association Water Rights. The following water rights will be conveyed by Stein to the Association prior to the conveyance of any of Lots 2, 3, 4 and 5 to a third party (excepting a member of Stein's immediate family, a transfer for estate purposes, or a bulk transfer of the entire Subdivision), to wit: (a) Red Butte Ranch Well Nos. 1-5, as described in the decree dated February 25, 1998 in Case No. 95CW366, Water Division No. 5. (b) 0.49 c.f.s. absolute and 1.61 c.f.s. conditional in the Little Red Butte Spring Ditch as described in the decree dated July 19, 1982 in Case No. 81CW508, Water Division No. 5 and decrees in subsequent reasonable diligence actions in Case Nos. 86CW 145, 89CW204, and 96CW056. (c) 4,722 shares of capital stock in the Red Mountain Ditch Company representing water rights from the Red Mountain Ditch in Priority No. 205 (Red Mountain Ditch First Enlargement), Priority No. 227-B (Red Mountain Ditch Second Enlargement) and Priority No. 400 (Red Mountain Ditch Third Enlargement). 12. Energy. The single-family residences on Lots 2, 3, 4 and 5, the affordable housing units provided in conjunction therewith, and any replacement residential structures constructed on Lot 1, must comply with the Model Energy Code in effect at the time a building permit is applied for. The single-family residences on Lots 2, 3, 4 and 5, the affordable housing units provided in conjunction therewith, and any replacement residential structures constructed 000037 14 on Lot 1, must also include water conservation devices, in accordance with the following flow criteria: (a) Shower Heads (Gallons Per Minute) 2.5 (b) Faucet Aerators (Gallons Per Minute) 2.5 (c) Toilets (Gallons per Flush) 2.5 13. Radon Gas. Each Lot owner shall be responsible for testing for the presence of radon gas on the Lot, and for implementing any remediation measures that may be required in connection therewith. 14. Household Pets; Other Animals. On Lots 1, 2, 3, 4 and 5, household pets such as dogs and cats shall be permitted, provided that dogs shall at all times be kenneled when unattended, or leashed when being walked by a person. No horses, cattle, sheep, or other non-household pets, and no commercial raising or commercial kenneling of animals of any kind, shall be permitted on any Lot within the Subdivision on which a residential structure has been constructed. Cattle and/or horse operations shall continue to be permitted on the Open Space Parcel, and on Lots on which no residential structure has been constructed. No permitted household pets or other animals shall be kept in unreasonable numbers, or cause an offensive amount of noise or odor, or otherwise become a nuisance to the owner(s) of another Lot or Lots. If the Board of Directors or a court determines that such unreasonable number, offensive behavior or other nuisance exists, it may order that the number of animals be reduced or that the offending animal be kept indoors or removed from the property. 15. Fencing. All new fencing on Lots 1, 2, 3, 4 and 5 shall comply with Pitkin County fencing standards, particularly including wildlife fencing standards, in effect at the time of building permit issuance. 16. Lighting. All lighting within the Subdivision shall comply with Pitkin County lighting regulations in effect at the time of building permit issuance, and must be approved in advance by the Architectural Committee. Exterior lighting shall be limited to driveway entrances, the Subdivision entrance, and lighting required by the Uniform Building Code for entryways on residences. 17. Wildfire Mitigation Measures. The owners of Lots 2, 3, 4 and 5, and following the demolition and replacement of each structure on Lot 1, the owner of Lot 1, shall adhere to the following wildfire defensible space considerations on their respective Lots: (a) Brush, debris and non-ornamental vegetation shall be removed within a minimum perimeter of 10 feet of residential and accessory structures. 000038 15 ® 0 (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30-foot perimeter around a structure built on flat ground. (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. The maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be taken from the edges of the crowns of the fuel. (d) Tree crown separation within the 30-foot perimeters shall have a minimum of 10 feet between the edges of the crowns. This requirement does not apply to mature stands of aspen trees where the preceding requirements for the removal of ladder fuels have been complied with. However, the spacing guidelines outlined above shall be followed in areas of aspen regeneration. (e) All branches shall be pruned from trees and brush within the 30-foot perimeters to a height of 10 feet above ground. Ladder fuels shall be removed from around trees and bushes. (f) All branches which extend over roof eaves shall be trimmed. All branches shall be removed within 15 feet of any chimney. (g) The density of fuels within a 100 foot perimeter of all structures shall be reduced where natural reduction has not already occurred. (h) All deadfall within the 100 foot perimeter shall be removed. (i) Each Lot owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. 0) Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat roofs. (k) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. 18. Sprinkler Systems and Cisterns. All new residences within the Subdivision, except detached affordable housing units, must contain an interior sprinkler system and a cistern which is adequately sized to supply the sprinkler system. Evidence of the adequacy of the cistern shall be submitted to the Engineering Department at the time a building permit is applied for. External standpipes and hose connections must also be installed at each new residence for fire department use. 19. Park Dedication Fees. The park dedication fees associated with Lots 1, 2, 3, 4 and 5 in the Subdivision have been fully satisfied by Stein's conveyance of Conservation Parcels A, B, C and D to Pitkin County subject to a Conservation Easement for the benefit of Park Trust, Ltd. 000039 16 20. School Impact Fees. Prior to the issuance of a building permit for the single-family residence on each of Lots 2, 3, 4 and 5, the Lot owner shall pay to Pitkin County a school impact fee which shall be calculated in accordance with the regulations in effect at the time of building permit issuance. No school impact fee shall be required for Lot 1 in connection with any remodeling, restoration, reconstruction or replacement of the existing residence located thereon, unless the County adopts a rule of general applicability that would apply to existing structures. 21. Compliance with Government Regulations. No lands within the Subdivision shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the zoning, subdivision, land use or building regulations of Pitkin County, Colorado, validly in force from time to time, or any other applicable local, state or federal laws or regulations. 22. Enclosure of Facilities and Equipment, Trash Removal. All equipment, facilities, and other unsightly items on any Lot within the Subdivision shall be located within the building envelope on the Lot and shall be enclosed within a solid, covered structure, or fully screened from view. Without limiting the generality of the foregoing, the following specific restrictions shall also apply. Any truck, tractor, snow removal or garden equipment, and any similar items, shall be kept at all times, except when in actual use, in an enclosed garage. Motor homes, trailers and boats must be kept in enclosed garages, or stored in an area that is completely invisible (during all seasons) from the other Lots and from the Open Space Parcel. Any refuse or trash container, utility meter, or other utility facility, satellite receiving dish for television or other signals, service area, storage pile, or area for hanging clothing or other household fabrics must be located within a building envelope and shall be enclosed or adequately screened from view by planting or fencing so as to be invisible from the other Lots and from the Open Space Parcel. No lumber, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any Lot, except building materials during the course of construction, and then only within the building envelope and only for such reasonable period of time as is necessary prior to the use or disposal thereof. All rubbish and trash shall be promptly removed from the Lots and shall not be burned thereon, and all trash containers must be bear-proof. 23. No Used or Temporary Structures or Mobile Homes. No used, previously erected, or temporary house, structure, construction trailer, no non-permanent outbuilding, and (except as provided in Paragraph 22 above) no mobile or motor home shall ever be placed, erected or allowed to remain within the Subdivision, except during construction periods and then only for construction purposes, and no dwelling unit shall ever be occupied in any manner prior to its completion. No mobile or motor home shall ever be occupied overnight while located within the Subdivision. 24. Completion of Construction. Any exterior construction activity upon any Lot shall be completed and fully cleaned up within 18 months from its commencement. 0100040 17 25. Road Damage. Each Lot owner is responsible for and shall promptly repair in a good and workmanlike manner, any damage caused to the access road during the construction of improvements or the installation of utility lines upon or serving the owner's Lot, or damage caused at any other time by any vehicle belonging either to the owner or to the owner's family, guests, invitees, employees or contractors. 26. No Business Uses, Offensive Activities, Nuisances or Signs. Except for cattle and/or horse operations on the Open Space Parcel and on Lots on which no residential structure has been constructed, the leasing of residential improvements, and such home occupations as may be permitted from time to time in the zone district by the Pitkin County Land Use Code, no lands or structures within the Subdivision shall ever be occupied or used for any commercial or business purpose. No noxious or offensive activity shall be carried on or allowed at any time within the Subdivision, specifically including without limitation the operation of snowmobiles, ATVs, or off-road motorcycles (i.e., dirt bikes). Nothing shall be done or permitted to be done at any time within the Subdivision which is a nuisance or which might become a nuisance by sight, sound, smell or otherwise to a Lot or a Lot owner or occupant. And with the exception of one "For Sale" sign of normal size on a Lot, which sign must comply with Pitkin County sign regulations in effect from time to time, no signs or billboards shall ever be erected or permitted to remain within the Subdivision. 27. Firearms. The discharge or shooting of firearms is prohibited within the Subdivision, except for the protection of permitted livestock within the Open Space Parcel. 28. No Mining, Drilling or Ouarrving. No mining, quarrying, tunneling, excavating, or drilling for substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, but expressly excluding water, shall ever be conducted or permitted upon or within the Subdivision. 29. Roofs, Materials, Colors. No shining or reflecting roofs or other surfaces or materials shall be used or permitted to remain on any buildings or structures within the Subdivision; the exterior materials used on such buildings and structures shall be limited to wood, stone, brick, adobe or stucco; roofs and trims can be non-reflective and non-shining metal; and the exterior colors used on such buildings and structures shall be earth or natural wood tones that are harmonious with the natural surroundings. The foregoing restrictions do not apply to existing improvements within Lot 1 or the Open Space Parcel. 30. Antennas. If a Lot Owner wishes to install an antenna to receive video programming, the Lot Owner shall notify the Architectural Committee in writing of the planned installation and the proposed location thereof at least 10 days before the installation. The antenna installation and location shall comply with all fire, electrical, and other applicable safety codes, and the installing Lot Owner shall to the extent feasible install the antenna in a location that minimizes its visibility from neighboring Lots and roads. The height of all structures must comply with County regulations. The 000041 18 installing Lot Owner shall be obligated to paint the antenna so that it blends into the background against which it is mounted, and to plant and maintain such reasonable landscaping as will screen the antenna, to the extent feasible, from neighboring Lots and roads. Provided always, that in the event that in any particular situation any of the foregoing requirements or restrictions cause an unreasonable delay or cost in the installation, maintenance or use of the antenna, or prevent the reception of acceptable quality signals, said requirements or restrictions shall be invalid as they apply to that particular situation. Satellite dishes that exceed one meter in diameter, and MDS antennas that exceed one meter in diameter or diagonal measurement, shall not be allowed within the Subdivision. Mast antennas that extend higher than 12 feet above the roof line, and antennas that are not used to receive video programming, shall only be permitted within the Subdivision if they receive the prior written approval of the Architectural Committee as to design, location, and screening from neighboring Lots and roads.. 31. Tanks. No elevated tanks of any kind shall ever be erected, placed, or permitted to remain within the Subdivision. Any tank used in connection with any structure or activity within the Subdivision, including tanks for the storage of natural gas, fuel oil, gasoline, oil or water, shall be buried. The foregoing restrictions do not apply to existing tanks within Lot 1 or the Open Space Parcel. 32. Emergency Access Easement. A non-exclusive easement for ingress and egress is hereby granted by Stein to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, now or hereafter serving the Subdivision and its residents, to enter upon the access road dedicated on the Final Plat, and upon the individual Lot driveways, and upon any other property in the Subdivision, in the lawful performance of their duties. ARTICLE VII ENFORCEMENT ACTIONS 1. Enforcement Authority. The Association, acting by and through its Board of Directors, Pitkin County, and each Lot owner, shall each have the right to prosecute an action at any time to enforce the provisions of these Covenants by injunctive relief, and shall also have the right to prosecute an action for injunctive relief and/or for damages by reason of any violation of these Covenants. The prevailing party in any action brought to interpret or enforce these Covenants and/or for damages for a violation hereof shall be entitled to an award of its reasonable attorney's fees and costs. 2. Limitations on Actions. In the event any construction, alteration, or landscaping work is performed upon any of the lands within the Subdivision in violation of these Covenants, and no action is commenced by any Lot owner within one (1) year from the date of violation to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any aggrieved Lot 000042 19 owner. This one (1) year limitation shall not apply to Pitkin County, and shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE VI GENERAL PROVISIONS 1. Benefits and Burdens of Covenants: Covenants to Run. All of the Covenants contained in this instrument shall be a burden on and appurtenant to the title to all of the lands within the Subdivision (which does not include Conservation Parcels A, B, C and D). The benefits of the Covenants contained in this instrument shall inure to the Association, to Pitkin County, and to the owners from time to time of all of the Lots and shall be deemed an appurtenance to the title to all of the lands within the Subdivision. The benefits and burdens of all of said Covenants shall run with the title to all of the lands to which such burdens or benefits have been made appurtenant. 2. Term of Covenants. Unless amended or terminated pursuant to Paragraph 3 below, these Covenants shall be perpetual, except that any covenant to which the rule against perpetuities or the rule restricting restraints on alienation may be determined to be applicable shall only extend and run for the period of the lives of Marjorie B. Stein and James Daggs, and their now living children, and the survivor of them, plus 20 years. 3. Amendment or Termination of Covenants. Except as provided below with respect to Pitkin County, and except as may otherwise be specifically provided herein, all or any part of these Covenants may be amended or terminated at any time by the recording in the Pitkin County, Colorado real property records of a resolution of amendment agreed upon, executed and acknowledged by the then-current record owners of at least four of Lots 1, 2, 3, 4 and 5 in the Subdivision. Notwithstanding the foregoing, for so long as Marjorie B. Stein, any one or more of her children, her estate, or a trust or trusts for the benefit of any of said persons, owns an interest in Lot 1, these Covenants may not be amended or terminated without the written consent of said owner(s). Further notwithstanding the foregoing, any provision of these Covenants which was required to be contained herein by approvals obtained by Stein from Pitkin County including, without limitation, BOCC Resolution Nos. 96-69, 96-73, 97-198, and 99-188, may not be made less restrictive, or terminated, without the consent of the Pitkin County Board of County Commissioners. 4. Disclaimer. Except as expressly set forth in these Covenants, no representations of any kind, express or implied, are given or made by Stein or their agents or employees in connection with the Subdivision or any Lot or the Open Space Parcel therein or any portion thereof, or Conservation Parcels A, B, C and D, or any improvements on any of said properties, or physical features thereof, or the fitness thereof for any purpose, or utility service thereto, or the development potential thereof or any manner of compliance with the Pitkin County Land Use Code or applicable environmental or other laws or regulations, or with respect to the cost of owning, developing, enjoying or maintaining any of the lands within the Subdivision. 000043 20 5. Severability. Should any provision of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining Covenants. IN WITNESS WHEREOF, Stein has executed these Protective Covenants as of the day and year first above written. THE MARJORIE B. STEIN L.L.L.P., as to an undivided 62.92% interest By: Mary Dominick, General Partner JAMES DAGGS AS SPECIAL TRUSTEE OF TRUST B U/W/O HENRY L. STEIN, DECEASED, as to an undivided 37.08% interest STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2000, by Mary Dominick, as General Partner of the Marjorie B. Stein L.L.L.P., a Colorado limited liability limited partnership, as to an undivided 62.92% interest. Witness my hand and official seal. My commission expires: (SEAL) Notary Public 000044 21 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _ day of , 2000, by James Daggs as Special Trustee of Trust B u/w/o Henry L. Stein, Deceased, as to an undivided 37.08% interest Witness my hand and official seal. My commission expires: (SEAL) Notary Public APPROVAL BY PITKIN COUNTY The foregoing Protective Covenants are hereby approved this day of 12000. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Chairperson ATTEST: Deputy Clerk and Recorder APPROVED AS TO FORM: Pitkin County Attorney 000045 22 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Protective Covenants were acknowledged before me this day of , 2000, by the Board of County Commissioners of Pitkin County, Colorado, by as Chairperson, and by as Deputy Clerk and Recorder. Witness my hand and official seal. My commission expires: Notary Public 000046 23 © 0 EXHIBIT A ARCHITECTURAL GUIDELINES �wliR1225 R.nor 000047 24 This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : C:\WINDOWS\TEMP\IMANAGE_2381225_5 and revised document: C:\WINDOWS\TEMP\IMANAGE-2381225.6 CompareRite found 8 change(s) in the text Deletions appear as Overstrike text Additions appear as Bold+Db1 Underline text 000048 25 EXHIBIT A ARCHITECTURAL GUIDELINES I. INTENT The intent of the Architectural Guidelines is to establish an architectural theme which is in harmony with the Stein Lot Split Subdivision's natural surroundings, and which exhibits the highest level of quality, craftsmanship and design. The architectural character of the homes to be constructed within the Subdivision is intended to be natu- ral, unimposing and rural. Homes should be characterized by strong form elements with deep shadow lines, roofs that reflect the mountain slopes, natural building materials with strong textures and restrained colors to compliment the natural surroundings. IL GENERAL All homes shall be designed by a registered architect. It is preferred that the architect have experience in the design of buildings in snow country. Homes shall be indi- vidual and distinctive, yet respectful of the unique mountain setting of the Subdivi- sion. HI. ROOF DESIGN From a distance, each home in the Subdivision shall reflect the overall shape, texture and color of the natural features of the surrounding mountains, rocks and vegetation. No detail of the building shall predominate or appear intrusive to the mountain 000049 environment. Roof forms are the dominant feature of residential architecture. The second story of any home should be located within the roof. Low eaves and broadly overhanging roof forms that minimize the exposed height of walls are encouraged. The mass of a roof should be broken into planes and smaller elements to visually reduce its scale. Roof heights and ridgelines should vary between adjacent home sites. Generally, a hip, gable or shed roof configuration is appropriate to achieve the intended rural architectural character. Roof overhangs are required for their aesthetic qualities as well as their practical function. Large window areas should have generous overhangs to shade the windows, prevent sun reflection and minimize night-time light emission onto adjacent proper- ties. They also create visual relief and shadow patterns, provide shade for windows and control rain and snow. Overhangs should be proportional to the size and pitch of roofs. Roofs with shallow pitch generally require larger overhangs than steep roofs. Roof fors should be proportional to the spaces they cover and tie together the overall building mass. They should express the home's configuration and function and not exaggerate the scale of the structure. Curvilinear elements within these general shapes are acceptable, but dominant curved roof fors are not allowed. Stylistic roof fors such as Mansard, Contemporary Flat, or "exotic" forms such as hyperbole paraboloids or other conical sections are not allowed. All roof must have a minimum pitch of 5 in 12 except for minor roof elements. Minor flat roof elements (e.g., transitional elements) are permitted but must not be a dominant for. The roof for over the major living space of the home must be dominant. Roofs over garages must be less visually prominent that over the major living space. Gables, dormers and other smaller roof elements should compliment the 000050 dominant roof form and serve to visually break up and add interest to the overall composition. Wood shingles, composition shingles, slate or metal are all acceptable materials. Roofs must be of natural colors. All roof areas and protruding vents must be of a similar color to the roof and non-reflective. IV. BUILDING MASS AND FORM Home designs should have visually heavier and more massive elements at their base, with lighter elements above. A second story should not appear heavier or seem to have greater mass than the portion of the building supporting it. Ideally, the second should be enclosed in the roof space. The overall shape of mass of the home should be visually brokenup to the apparent scale of the building and to provide interest and variety to the form of the architecture. Building forms should step back with the second floors being smaller than first floors. 'Box-like: designs are not appropriate. External walls and terraces must be merged to the site. Foundation walls shall not be exposed, but must be faced to finish grade. V. EXTERIOR ELEMENTS AND DETAILS Exterior design elements are those architectural features which provide visual interest, enhancing the overall building forms described above. Each element should help unify the home design with complimentary forms, textures, mass and proportions. Horizontally projecting elements such as bay windows, porches, or overhangs provide a three-dimensionality to the buildings, adding visual interest, depth and shadow line. Covered entryways, porches, patios and other outdoor living areas where possible should provide gracious transitions from indoors to outdoors. The main entry to the 000051 home should be central or otherwise balances and sheltered. Monumental, vertical entryways are not acceptable. Windows should be placed to respect the privacy of adjacent residences, enhance interior spaces, and contribute to the overall architectural character of the home. Visually, windows and doors should be at a consistent height. Night-time light emissions must be mininfized through window design. Proportions and shapes of windows should compliment roof lines and eaves. VI. EXTERIOR MATERIALS Material such as wood and stone express the natural characteristics of the earth, rocks and trees of the site and should be the dominant vocabulary of the architecture of the homes within the Subdivision. Heavily-textured concrete (e.g., exposed aggregate) which is earth tone in color may also be utilized. Plain concrete and exposed concrete block are not acceptable. All exterior materials must be of natural colors. Approved wall materials include stone, wood shingles, stucco, or textured and colored concrete. Approved foundation facing materials include stone, concrete and split face block. Uncolored and/or untextured concrete or concrete masonry units of any type are prohibited. Building elevations should receive equal architectural treatment on all sides. Wood siding should be clapboard, channeled board, or cedar shingles, and should be finished with natural finishes and colors. Large expanses of a single wall material should be avoided, particularly if unbroken by surface direction changes, fenestration or details. Wall surfaces should not be 000052 composed of more than two or three materials. Desirable wall material combinations include stone and wood, stone and stucco, stucco and wood, or architecturally treated concrete and wood. The combining of masonry materials such as textured concrete and stone, or two contrasting stone lay patterns, is discouraged. VH. EXTERIOR LIGHTING Exterior lighting of homes shall be limited to the immediate vicinity of the home and used only for purposes of safety and security in order to minimize visibility of the home at night. "Aesthetic" lighting is inconsistent with the goal of integrating the homes in the Subdivision with the natural surroundings and is prohibited. Outdoor living areas such as porches, patios and decks should be illuminated with low-level downcast lights mounted in eaves and overhangs. No light sources may be visible. 000053 Q ® EXHIBIT 5 PROTECTIVE COVENANTS FOR STEIN LOT SPLIT SUBDIVISION , 2000 ARTICLE I PURPOSE OF COVENANTS These Protective Covenants ("Covenants") shall govern and be applicable to that certain real property depicted and described as Lots 1 and 2 on the Final Plat of Stein Lot Split Subdivision (the "Final Plat) recorded in Plat Book _ at Page _ in the Office of the Clerk and Recorder of Pitkin County, Colorado (hereinafter referred to as "Lots 1 and 2"). It is the intention of The Marjorie B. Stein L.L.L.P., a Colorado limited liability partnership, as to an undivided 62.92% interest, and James Daggs as Special Trustee of Trust B u/w/o Henry L. Stein, Deceased, as to an undivided 37.08% interest (collectively "Stein"), expressed by their execution of this instrument, that the present beauty, views, and environment of the lands within Lots 1 and 2 be protected, subject to the uses and improvements permitted by this instrument. In furtherance of these objectives, Stein does hereby declare and recite that from and after the recording of this instrument in the real property records of Pitkin County, Colorado, Lots 1 and 2 shall be forever burdened and benefitted by and subject to the following Covenants, to the extent set forth herein, which Covenants shall run with the title to all of the lands within Lots 1 and 2. The Conservation Parcel within Stein Lot Split Subdivision is not burdened by these Covenants. ARTICLE II DEFINITIONS As used in this instrument, the term "Lots 1 and 2", or "Lot," shall be deemed to mean and include all of the lands depicted and described as Lots 1 and 2 on the Final Plat of Stein Lot Split Subdivision recorded in Plat Book _ at Page _ in the Office of the Clerk and Recorder of Pitkin County, Colorado, as said Final Plat may be amended from time to time. The term "Lot' shall mean and refer to each of Lots 1 and 2 as designated and described on the Final Plat. As stated above, these Covenants shall not apply to, burden or affect said Conservation Parcel in any way. The term "Association" shall mean and refer to the Stein Homeowners Association, a Colorado nonprofit corporation, its successors and assigns. 000054 1 ARTICLE III STEIN HOMEOWNERS ASSOCIATION The Stein Homeowners Association (the "Association") is being formed as a Colorado non-profit corporation to manage the affairs of Lots 1 and 2 of the Stein Lot Split Subdivision. There shall be one membership in the Association for each Lot in the Subdivision, which membership shall belong to the record owner(s) of the Lot. The membership appurtenant to a Lot shall automatically pass with fee simple title to the Lot. Each Lot shall have one (1) vote in the Association, and shall bear an equal one-half (1/2) share of the common expenses of the Association. The Association shall have and may exercise all of the powers and rights and duties of a Colorado corporation formed under the Colorado Revised Nonprofit Corporation Act, and shall be governed by the provisions of the Articles of Incorporation and Bylaws of the Association and by these Protective Covenants. ARTICLE IV ASSESSMENTS 1. Assessments. All Lot owners shall be obligated to pay assessments imposed by the Board of Directors of the Association. Such assessments shall be borne and paid in equal shares by each of the two (2) Lots in the Subdivision. Assessments may be lawfully imposed for any items of common expense incurred by the Association which may include, among other things: expenses for maintaining, improving and snowplowing the common access road; expenses for maintaining and improving common utility lines; expenses for contracting, operating, or maintaining a security system for the residents of the Lots (in the discretion of the Board of Directors); expenses of the Architectural Committee; insurance, accounting and legal expenses of the Association; and any other reasonable costs and expenses incurred by the Association in the furtherance of its legitimate purposes. The Board of Directors may establish contingency and reserve funds in such amounts as it may deem appropriate from time to time for the maintenance and improvement of the common access road and any other anticipated costs and expenses of the Association. The Board of Directors shall also have the right during any calendar year to levy and assess against one or both of the owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be deemed necessary or appropriate by the Board. Unless such special assessment is levied against only one Lot owner, it shall be shared equally by the Lot owners and shall be due and payable as determined by the Board of Directors. 2. Lien for Non-Payment of Assessments. All sums assessed by the Board of Directors against a particular Lot including, without limitation, the share of common expense assessments and special assessments chargeable to any Lot, shall constitute a security interest and lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: 000055 2 0 Q (a) tax and special assessment liens on the Lots in favor of any governmental assessing unit, and, (b) all sums unpaid on a first mortgage of record. If any assessment shall remain unpaid for more than thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the rate of eighteen percent (18%) per annum, or at such other rate as may be established from time to time by the Board of Directors, and the Board of Directors may impose a reasonable late charge on such defaulting owner to cover the extra costs and expenses involved in handling such delinquent assessments. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees and costs incurred by it in connection with any demands for payment and/or collection of delinquent assessments and fines. To evidence such lien the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of the Lot and its legal description. Such a notice shall be signed by one of the Board of Directors and shall be recorded in the office of the Clerk and Recorder of the County of Pitkin, Colorado. Such lien may be enforced by the Association by foreclosure on the defaulting owner's Lot in like manner as a mortgage on real property. In any such foreclosure, the Lot owner shall be required to pay the costs and expenses of such proceedings including all reasonable attorneys' fees. The Lot owner shall also be required to pay to the Association any additional assessments or fines made against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect rents to apply against unpaid assessments and fines and costs. The Board of Directors, for the Association, shall have the power to bid on the Lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an owner personally to collect any monies owed the Association. (c) Each Lot owner hereby agrees that the Association's lien on a Lot for assessments as hereinbefore described shall be superior to the Homestead Exemption provided by Colo. Rev. Stat. Ann. § 38-41-201, et M. (1973, as amended), and each Lot owner hereby agrees that its acceptance of the deed or other instrument of conveyance in regard to any Lot within the Subdivision shall signify such grantee's waiver of the homestead rights granted in said section of the Colorado statutes. (d) Any recorded lien for non-payment of assessments or fines may be released by recording a release of lien executed by a member of the Board of Directors. 000056 3 0 ARTICLE V ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee shall be the Board of Directors of the Association. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument, and such other duties as may from time to time be delegated to it by the Board of Directors. 2. Approvals Architectural Committee. No improvements of any kind, including but not limited to dwelling units, garages, accessory buildings, swimming pools, tennis courts, ponds, parking areas, fences, walls, driveways, flag poles, curbs and walks, shall be erected, altered or permitted to remain upon or within either Lot, nor shall any excavating, tree cutting, clearing or landscaping be done upon or within either Lot, unless the complete architectural, site development and landscaping plans and specifications therefor and a site plan showing the location and orientation thereof for such erection or alteration or other activity are approved in writing by the Architectural Committee prior to the commencement of such work. At least one (1) complete set of the architectural and site development and landscaping plans and specifications shall be approved by the Architectural Committee along with a complete list of all materials and colors to be used. All copies of the complete plans and specifications shall be signed for identification by the Lot owner or his architect. The Architectural Committee shall have the right to request whatever additional information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may (but shall not be obligated to) adopt rules and regulations describing what information, reports, plans, specifications and the like are required to be submitted to the Architectural Committee and outlining the review and approval procedure to be used by the Architectural Committee. In the event the Architectural Committee fails to take any action within 60 days after complete plans and specifications have been submitted to it, then such submitted plans and specifications shall be deemed approved. All approvals or disapprovals shall require a majority vote of the Architectural Committee, and in the event of disapproval, the reasons therefor shall be specified. 3. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, and following the mailing of at least ten (10) days notice of the request for such variance to the Association and to all other Lot owners, allow reasonable variances as to any of the land use covenants and restrictions and any of the Architectural Guidelines contained in this instrument, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these Covenants required by any approvals obtained by Stein from Pitkin County for the Subdivision, or which violate the Pitkin County Land Use or Building Codes. 000057 4 4. General Standards. Architectural Guidelines. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations upon or within the Lots conform and harmonize with the natural surroundings and with existing structures as to exterior design, materials, color, siting, height, finished grade elevations, and all other design features, and that they are consistent with these Covenants and with the Architectural Guidelines attached hereto as Exhibit A and made a part hereof by this reference. The Architectural Committee shall protect the seclusion and view of each homesite insofar as reasonably possible in the development of the Lots pursuant to these Covenants, and shall require such landscaping as the Architectural Committee shall consider reasonable and appropriate. 5. Preliminary Approvals. Persons who anticipate constructing improvements on a Lot, whether they already own the Lot or are contemplating the purchase of the Lot, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should contain-sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to provide an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials and colors are submitted and approved. The Architectural Committee may set a fee for this preliminary review service. 6. Inadequate Architectural Site Development or Landscaping Plans. The Architectural Committee shall disapprove any architectural, site development or landscaping plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 7. Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or entity submitting any plans for approval, or to any Lot owner, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any owner or prospective owner by any third parties. The decisions of the Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 8. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all applications for approval submitted to it (including one set of all architectural and site development and landscaping plans so submitted) and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. 000058 5 o ARTICLE VI DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS 1. Resolution of Board of County Commissioners. Owners of lands within Lots 1 and 2 shall adhere to the requirements and restrictions set forth in Resolution Nos. 97-24, 98-66 andk 99-187 and of the Pitkin County Board of County Commissioners, as recorded at Reception Nos. 405139, 416913 and, 438009 and respectively, in the Office of the Clerk and Recorder of Pitkin County, Colorado. In the event of any conflicts between said Resolutions and these Covenants, the terms and provisions of the Resolutions shall govern and control. Under Resolution No. 99-187, the right to undertake and complete the development of the lands within the Stein Lot Split Subdivision pursuant to the terms and conditions of the above-described Resolutions, and specifically including without limitation the 8,500 square foot allowable floor area for each of Lots 1 and 2 antLtLe right to use TDR's to h gild till to 4,000 additional square feet of subgrade basement floor area on each Lot, is vested until April 22, 2011 and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use regulation that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes, subject to the exceptions set forth in Sections 24-68-105(a-c) and 24-68-105(2). Provided, that floor area calculations shall be based on the Land Use Code regulations in effect at the time a building permit is applied for on a particular Lot. 2. Development Limitations. (a) On each of Lots 1 and 2, development shall be limited to one (1) free market single-family residence, one (1) attached or detached caretaker dwelling unit, and detached accessory structures, which shall be limited to agricultural outbuildings (including but not limited to barns). (b) All structures on Lots 1 and 2 must be located within the building envelopes depicted on the Final Plat, provided that detached accessory structures may be located in the irrigated pasture areas on Lots 1 and 2. (c) On each of Lots 1 and 2, the maximum allowable residential floor area (single-family residence and caretaker dwelling unit combined) shall be 8,500 square feet. This restriction does not apply to permitted accessory structures. Further, on each Lot TDR's may be used for the sole purpose of building up to 4,000 additional square feet of subgrade basement floor area. Floor area calculations shall be based on the Land Use Regulations in effect at the time a building permit is applied for on a particular Lot. (d) On each of Lots 1 and 2, the height of the single-family residence is limited to 25 feet to the midpoint of the roof, as calculated by Pitkin County at the time of building permit issuance. Accessory structures, including detached caretaker dwelling units, shall comply with Pitkin County accessory structure 000059 6 0 0 height standards in effect at the time of building permit issuance, but shall not exceed the height of the single-family residence. (e) On Lots I and 2, no development (including grading) shall occur outside the building envelopes, except the following: (i) Landscaping identified on the Landscape Plan for each Lot. See Paragraph 6 of this Article VI; (ii) Removal of vegetation to create a defensible space for fire protection; (iii) Water wells and/or septic systems, if it is not feasible to locate them within the building envelopes, as determined by the Environmental Health Department; (iv) Installation, operation and maintenance of irrigation systems and facilities; (v) Installation of underground utilities, within the access road and driveways to the extent feasible; (vi) The access road identified on the Final Plat, and individual driveways; (vii) Fencing (and maintenance thereof) meeting Pitkin County and Colorado Division of Wildlife fencing standards. (viii) Relocation of the Sunnyside Trail on Lot 1, provided all necessary U.S. Forest Service and County approvals are first obtained, and an amendment to the Final Plat is approved, executed and recorded for purposes of correcting the recorded alignment of the trail easement. The Amended Plat shall contain a note stipulating that trail maintenance shall be the responsibility of the Forest Service. The affected landowner shall work with the Forest Service to provide temporary trail access, if necessary, during construction of the new trail alignment. If steep grades must be disturbed to accommodate construction of the trail, 1041 regulations shall be assessed and addressed by the Forest Service. (ix) Reclamation and conversion to irrigated pasture of the existing sage areas on Lots 1 and 2, as said sage areas are approximately located on the Final Plat, provided that each Lot Owner shall provide a detailed survey of the area to be reclaimed to the Community Development Department for review and approval prior to reclamation. 000060 7 (f) Throughout Lots 1 and 2, development shall be prohibited on slopes exceeding 30% in grade, unless Pitkin County specifically approves an exception to this restriction. (g) Lots 1 and 2 cannot be further subdivided or developed, with the exception of the residences, caretaker dwelling units and accessory structures permitted within the building envelopes and/or such other development within or without the building envelopes as may be allowed under BOCC Resolution Nos. 97-24, 98-66 ands 99-187 and recorded at Reception Nos. 405139, 416913 and, 438009 and , respectively, and under Paragraph 2(e) above. 3. Caretaker Dwelling Units. (a) One attached or detached caretaker dwelling unit may be constructed at any time on each of Lots 1 and 2, in the sole discretion of the Lot owner, without further review or approval being required. (b) Prior to the issuance of a building permit for a caretaker unit, the Lot owner shall execute and record a deed restriction that complies with the caretaker unit provisions of the Pitkin County Land Use Code and the Aspen/Pitkin County Housing Guidelines in effect at the time of issuance of the building permit. (c) Parking for the caretaker dwelling units must also comply with the applicable provisions of the Pitkin County Land Use Code in effect at the time of issuance of the building permit. 4. Utilities. (a) Each Lot owner shall drill a water well and shall install a septic system (approved by the Environmental Health Department) on the Lot. Said facilities shall be installed within the building envelope, if feasible. Any other location must first be approved by the Environmental Health Department. Stein hereby expressly waives the requirement contained in 1973 C.R.S. Section 37-90- 137(2) that new wells be located at least 600 feet from existing wells. (b) Electric and telephone utility extensions and service lines shall be buried underground and shall be located within the common access road and the individual driveways, to the extent feasible, and shall be installed by the Lot owners at their cost. Lot owners shall convey such easements to the utility companies serving their Lots as may be required. Areas disturbed by the installation or maintenance of utility lines shall be revegetated by and at the expense of the Lot owner causing the disturbance, no later than the next growing season. The Lot owners shall provide "will serve" letters from appropriate utility companies prior to issuance of building permits. 000061 8 0 O (c) All residences, including attached caretaker dwelling units, on Lots 1 and 2, shall contain interior sprinkler systems. Cisterns to provide storage for the systems, and external standpipes and hose connections, shall also be installed prior to issuance of a Certificate of Occupancy. Storage tanks shall be pressurized. 5. Common Access Road and Driveways. (a) A perpetual, non-exclusive easement and right-of-way 30 feet in width has been dedicated on the Final Plat for purposes of access from McLain Flats Road to Lots 1 and 2, respectively, and for underground utility lines. An access permit must be obtained from the County Engineer prior to improvement of the access road. If required, an erosion and sediment control plan must be submitted to the County Engineer for review and approval before the access permit is issued. The access road shall be designed and constructed in accordance with the driveway standards of the Pitkin County Road Management and Maintenance Plan in effect at the time an access permit is applied for. The access road must be paved or graveled and treated with an approved dust retardant. (b) The costs and expenses of improving, maintaining, repairing and snowplowing the common access road shall be shared, allocated and paid as follows: Lot 1 50% Lot 2 50% The first Lot owner that wishes to improve the common access road, in accordance with the standards described in subparagraph (a) above, and to install any necessary common utilities therein (adequately sized to serve both Lots), shall have the right to do so on behalf of both owners, and upon completion shall deliver a copy of the invoice for the work to the owner of the other Lot. Said other Lot owner shall be obligated to reimburse the Lot owner that constructed the common access road and utilities for 50 percent of the invoiced cost thereof no later than 10 days after a building permit is issued for the construction of a residence on said other Lot owner's Lot. All other maintenance, repair, improvement and snowplowing that is reasonably required in connection with the common access road and common utilities shall be the responsibility of the Association. In the event of a delinquency in reimbursing for half of the cost of constructing the common access road as required above, the delinquent sum shall bear interest at 18 percent per annum from the due date to the date of payment in full. The Lot owner who has performed and paid for the work shall have the right to file a civil action against the delinquent owner in the Pitkin County courts for purposes of collecting the delinquent amount, plus accrued interest. The 000062 . 9 A prevailing party in such action shall be entitled to an award of its reasonable attorneys' fees and costs incurred in connection with such action. (c) Each individual Lot owner is responsible for constructing, maintaining and snowplowing the individual driveway that serves the owner's Lot, and an access permit must be obtained therefor from the County Engineer before construction is begun on the driveway and before any building permits will be issued for the Lot. If required, an erosion and sediment control plan must be submitted to the County Engineer for review and approval before the access permit is issued. Individual driveways shall be designed and constructed in accordance with the driveway standards of the Pitkin County Road Standards and Specifications in effect at the time an access permit is applied for. Individual driveways must be paved, or graveled and treated with an approved dust retardant, at the cost of the Lot owner. (d) All improvements, maintenance and repairs to the common access road and the individual driveways shall be accomplished in a good and workmanlike manner and in compliance with applicable laws, regulations and codes. (e) If a Lot Owner proposes to construct a free market residence containing 5,000 square feet or more of gross floor area, the Owner shall comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan in effect at the time of issuance of a building permit for the residence, to the satisfaction of the County Engineer. In essence, this Section requires the Lot Owner to provide construction trip and residential trip generation studies for the Lot, prepared by a traffic engineering consultant hired by the Lot Owner and pre- approved by the County. 6. Landscaainz. The owner of each of Lots 1 and 2 shall comply with the minimum landscaping requirements described on Exhibit B attached hereto and made a part hereof by this reference. Prior to issuance of a building permit on a Lot, the Lot owner shall submit a Landscape Plan demonstrating compliance with said requirements to the Community Development Department for review and approval. Said Lot owner shall complete the landscaping designated and described on the approved Landscape Plan no later than 6 months following the issuance of a Certificate of Occupancy for the residence on the Lot. All areas disturbed by construction shall be promptly revegetated by the Lot owner performing the construction. 7. Construction Traffic. At the time a Lot owner applies for a building permit for the construction of a residence, the Lot owner shall provide a construction traffic plan to the County Engineer for review and approval. The plan shall address management of construction traffic at the intersection of the access drive with McLain Flats Road (if deemed necessary by the County Engineer), staging areas, including parking for construction workers and construction equipment/vehicles, and topsoil storage locations, in order to avoid encroachment on the irrigated meadows. The plan 000063 10 shall identify the location of construction fencing which shall be placed prior to and during construction to protect the meadow area(s). 8. Air Ouality. (a) The owners of each of Lots 1 and 2 shall adhere to the Pitkin County Air Quality Standards in effect at the time of issuance of any building permits. All residential structures must comply with the Pitkin County fireplace and woodburning stove regulations in effect at the time of issuance of the building permit therefor. (b) Prior to the issuance of a building permit for a residence on each of Lots 1 and 2, the Lot owner shall pay to the County Finance Director an air quality mitigation fee of$11,220.00, which funds may only be used by the County for trail acquisition and/or construction. (c) Lot owners shall submit erosion and sediment control plans to the County Engineer for review and approval in the event required in connection with all construction and other earthmoving activities. (d) At the time of applying for a building permit on each of Lots 1 and 2, the Lot owner shall submit a fugitive dust control plan to the Environmental Health Department for its review and approval. 9. Geologic and Irrigation Ditch Hazards; Drainage Plans. Debris Flow and Drainage Hazard Warning, Disclaimer and Indemnity: Each of Lots 1 and 2 of the Stein Lot Split Subdivision is subject to potential debris flow (including mud flow) and drainage hazards. Stein expressly disclaims any responsibility for such hazards. A Geologic Study for Lots 1 and 2, prepared by Nicholas Lampiris, Consulting Geologist, under date of May 3, 1996, is attached hereto as Exhibit C and incorporated herein by this reference. Stein makes no representations or warranties regarding the completeness or accuracy of such Study. By acceptance of a deed to a Lot, each Lot Owner acknowledges his awareness of and assumes all of the risks and responsibilities relating to such debris flow and drainage hazards, and hereby releases and agrees to indemnify, defend (including reasonable attorney's fees) and hold harmless Stein and their respective agents, consultants, representatives, successors and assigns from and against any liabilities or claims therefor for any losses or damages to persons or property including personal injury or death that may result from the occurrence of debris flow (including mud flow) and/or drainage that affects the Stein Lot Split Subdivision or any part thereof or improvement thereon. At the time a building permit is applied for on each of Lots 1 and 2, the Lot owner shall submit to the County Engineer a Drainage Plan. At a minimum, the Plan shall address positive grading away from structures, the diversion of water from any upslope areas around the buildings, drainage associated with driveways and on-site detention of flows from roofs or paved areas. To the extent required by the County Engineer, 000064 11 O temporary construction measures such as silt fencing and haybale detention areas shall be incorporated in the Drainage Plan. A Colorado registered engineer shall be required to sign off on: (a) The design of positive drainage around residences on both Lots; and (b) The design of an approximately 3 to 4 foot berm to protect the residence on Lot 2 from mudflows if the residence is located in the western half of the building envelope. 10. Water Riehts: Irrieation of Pasture Areas. The following water rights shall be conveyed with Lots 1 and 2, respectively: (a) With Lot 1: (i) 0.09 cfs absolute and 0.37 cfs conditional in the Little Red Butte Spring Ditch as described in the decree dated July 19, 1982 in Case No. 81CW508, Division No. 5 and decrees in subsequent reasonable diligence actions in Case Nos. 86CW145, 89CW204, and 96CW056, and (ii) 273 shares of capital stock in the Red Mountain Ditch Company representing water rights from the Red Mountain Ditch in Priority No. 205 (Red Mountain Ditch First Enlargement), Priority No. 227-B (Red Mountain Ditch Second Enlargement), and Priority No. 400 (Red Mountain Ditch Third Enlargement); (b) With Lot 2: (i) 0.07 cfs absolute and 0.22 cfs conditional in the Little Red Butte Spring Ditch as described above, and (h) 327 shares of capital stock in the Red Mountain Ditch Company representing water rights from the Red Mountain Ditch as described above. Each Lot owner shall be responsible for irrigating the present and future pasture areas on the owner's Lot, utilizing the irrigation water rights allocated to such Lot as above described. 11. Radon Gas. Each Lot owner shall be responsible for testing for the presence of radon gas on the Lot, and for implementing any remediation measures that may be required in connection therewith. 12. Household Pets, Other Animals. Cattle and/or horse operations shall continue to be permitted on Lots 1 and 2 for so long as both Lot owners consent thereto. From and after the construction of the first residence on Lot 1 or 2, the following shall apply. Household pets such as dogs and cats shall be permitted, provided that dogs shall at all times be kenneled when unattended, or leashed when being walked by a person. With the exception of cattle and/or horse operations that have the consent of both owners, as above provided, no cattle shall be permitted, and a maximum of 2 horses shall be permitted on each Lot, provided adequate facilities are provided for the care, feeding and shelter thereof. No other non-household pets shall be permitted on any Lot, and no commercial raising or commercial kenneling of animals of any kind shall be permitted on any Lot. No permitted household pets or horses shall be kept in unreasonable numbers, 000065 12 o or cause an offensive amount of noise or odor, or otherwise become a nuisance to the other Lot owner or the public (including users of the Sunnyside Trail). If the Board of Directors or a court determines that such unreasonable number, offensive behavior or other nuisance exists, it may order that the number of animals be reduced or that the offending animal be confined indoors or removed from the property. 13. Fencing. All new fencing on Lots 1 and 2 shall comply with Division of Wildlife and Pitkin County Land Use Code fencing standards, particularly including wildlife fencing standards, in effect at the time of building permit issuance. 14. Lighting. All lighting within Lots 1 and 2 shall comply with Pitkin County lighting regulations in effect at the time of building permit issuance, and must be approved in advance by the Architectural Committee. Exterior lighting shall be limited to the immediate vicinity around the house. At the time a building permit is applied for on a Lot, the Lot owner shall provide a lighting plan designating the location, type and height of all exterior fixtures for Community Development Department staff review and approval. 15. Wildfire Mitigation Measures. The owners of Lots 1 and 2 shall implement and maintain the following standard Pitkin County wildfire mitigation measures on their respective Lots: (a) The area around each structure shall incorporate landscaping with wildfire defensible space considerations as follows: (i) All brush located downhill from the structure(s) shall be cleared for a distance of 30-50 feet. Brush, debris and non- ornamental vegetation shall be removed within a minimum 10 foot perimeter around the retaining sides of structure(s). (ii) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30-foot perimeter around a structure built on flat ground. (For greater slopes, ref. CSFS Safety Zone chart at Page 13, Wildfire Guidelines for Rural Homeowners). (iii) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. The maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be taken from the edges of the crowns of the fuel. (iv) Tree crown separation within the 30-foot perimeters shall have a minimum of 10 feet between the edges of the crowns. This requirement does not apply to mature stands of aspen 000066 13 G trees where the preceding requirements for the removal of ladder fuels have been complied with. However, the spacing guidelines outlined above shall be followed in areas of aspen regeneration. (v) All branches shall be pruned from trees and brush within the 30-foot perimeters to a height of 10 feet above ground. Ladder fuels shall be removed from around trees and bushes. (vi) All branches which extend over roof eaves shall be trimmed. All branches shall be removed within 15 feet of any chimney. (vii) The density of fuels within a 100 foot perimeter of all structures shall be reduced where natural reduction has not already occurred. (viii) All deadfall within the 100 foot perimeter shall be removed. (ix) Each Lot owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. (b) Structural design and construction requirements: (i) Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat roofs. (ii) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. (c) The following maintenance measures shall be adhered to: (i) Roofs and gutters shall be kept clear of debris. (ii) Yards shall be kept clear of all litter, slash, and flammable debris. (iii) All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. (iv) Weeds and grasses within the 10 foot perimeter shall be maintained to a height of not more than 6 inches. (d) The following miscellaneous measures shall be adhered to: (i) Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. 000067 14 © 0 (ii) Swimming pools shall be accessible to Fire Department vehicles. (iii) Fences shall be kept clear of brush and debris. (iv) Wood fences shall not connect to a structure. (v) Any outbuildings or additional structures shall adhere to the same standards as structures. (vi) Fuel tanks shall be installed underground with an approved container. (vii) 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. (viii) Each structure shall have a minimum of one 10 pound ABC fire extinguisher which shall be placed in each structure in a visible and accessible location. (ix) Addresses shall be clearly marked with 2 inch non- combustible letters and shall be visible and installed on a non- combustible post. (e) Water Supply: (i) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by Pitkin County and the local fire protection district. 16. Park Dedication Fees. The park dedication fees associated with Lots 1 and 2 have been fully satisfied by Stein's conveyance of the Conservation Parcel to Pitkin County subject to a Conservation Easement for the benefit of Park Trust, Ltd. 17. School Impact Fees. Prior to the issuance of a building permit for the single-family residence on each of Lots 1 and 2, the Lot owner shall pay to Pitkin County a school impact fee which shall be calculated by Pitkin County pursuant to such standards as may be in effect at the time of building permit issuance. 18. Compliance with Government Regulations. No lands within Lots I and 2 shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the zoning, subdivision, land use or building regulations of Pitkin County, 0100068 15 Colorado, validly in force from time to time, or any other applicable local, state or federal laws or regulations. 19. Enclosure of Facilities and Eauioment: Trash Removal. All equipment, facilities, and other unsightly items on any Lot shall be located within the building envelope on the Lot and shall be enclosed within a solid, covered structure, or fully screened from view. Without limiting the generality of the foregoing, the following specific restrictions shall also apply. Any truck, tractor, snow removal or garden equipment, and any similar items, shall be kept at all times, except when in actual use, in an enclosed garage. Motor homes, trailers and boats must be kept in enclosed garages, or stored in an area that is completely invisible (during all seasons) from the other Lot and from McLain Flats Road. Any refuse or trash container, utility meter, or other utility facility, satellite receiving dish for television or other signals, service area, storage pile, or area for hanging clothing or other household fabrics must be located within a building envelope and shall be enclosed or adequately screened from view by planting or fencing so as to be invisible from the other Lot and from McLain Flats Road. No lumber, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any Lot, except building materials during the course of construction, and then only within the building envelope and only for such reasonable period of time as is necessary prior to the use or disposal thereof. All rubbish and trash shall be promptly removed from the Lots and shall not be burned thereon, and all trash containers must be bear-proof. 20. No Used or Temporary Structures or Mobile Homes. No used, previously erected, or temporary house, structure, or construction trailer, no nonpermanent outbuilding, and (except as provided in Paragraph 19 above) no mobile or motor home shall ever be placed, erected or allowed to remain on either Lot, except during construction periods, and no dwelling unit shall ever be occupied in any manner prior to its completion. No mobile or motor home shall ever be occupied overnight while located upon one of the Lots. 21. Completion of Construction. Any exterior construction activity upon any Lot shall be completed and fully cleaned up within 18 months from its commencement. 22. Road Damage. Each Lot owner is responsible for and shall promptly repair in a good and workmanlike manner, any damage caused to the common access road during the construction of improvements or the installation of utility lines upon or serving the owner's Lot, or damage caused at any other time by any vehicle belonging either to the owner or to the owner's family, guests, invitees, employees or contractors. 23. No Business Uses Offensive Activities. Nuisances or Signs. Except for cattle and/or horse operations before a residence is constructed on Lot 1 or 2, the leasing of residential improvements, and such home occupations as may be permitted from time to time in the zone district by the Pitkin County Land Use Code, no lands or structures within or upon either Lot shall ever be occupied or used for any commercial or business purpose. No noxious or offensive activity shall be carried on or allowed at any time 000069 16 G within either Lot, specifically including without limitation the operation of snowmobiles, ATVs, or off-road motorcycles (i.e., dirt bikes). Nothing shall be done or permitted to be done at any time within either Lot which is a nuisance or which might become a nuisance by sight, sound, smell or otherwise to the other Lot or the other Lot owner or occupant. And with the exception of one "For Sale" sign of normal size on a Lot, which sign must comply with Pitkin County sign regulations in effect from time to time, no signs or billboards shall ever be erected or permitted to remain upon either Lot. 24, Firearms. The discharge or shooting of firearms is prohibited on both Lots. 25. No Mining, Drilling or Ouarrving. No mining, quarrying, tunneling, excavating, or drilling for substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, but expressly excluding water, shall ever be conducted or permitted upon or within either Lot. 26. Roofs, Materials, Colors. No shining or reflecting roofs or other surfaces or materials shall be used or permitted to remain on any buildings or structures upon either Lot; the exterior materials used on such buildings and structures shall be limited to wood, stone, brick, adobe or stucco; roofs and trims can be non-reflective and non- shining metal; and the exterior colors used on such buildings and structures shall be earth or natural wood tones that are harmonious with the natural surroundings. 27. Antennaes. If a Lot Owner wishes to install an antenna to receive video programming, the Lot Owner shall notify the Architectural Committee in writing of the planned installation and the proposed location thereof at least 10 days before the installation. The antenna installation and location shall comply with all fire, electrical, and other applicable safety codes, and the installing Lot Owner shall to the extent feasible install the antenna in a location that minimizes its visibility from neighboring Lots and roads. The installing Lot Owner shall be obligated to paint the antenna so that it blends into the background against which it is mounted, and to plant and maintain such reasonable landscaping as will screen the antenna, to the extent feasible, from neighboring Lots and roads. The height of all structures must comply with County regulations. Provided always, that in the event that in any particular situation any of the foregoing requirements or restrictions cause an unreasonable delay or cost in the installation, maintenance or use of the antenna, or prevent the reception of acceptable quality signals, said requirements or restrictions shall be invalid as they apply to that particular situation. Satellite dishes that exceed one meter in diameter, and MDS antennas that exceed one meter in diameter or diagonal measurement, shall not be allowed within the Subdivision. Mast antennas that extend higher than 12 feet above the roof line, and antennas that are not used to receive video programming, shall only be permitted within the Subdivision if they receive the prior written approval of the Architectural Committee as to design, location, and screening from neighboring Lots and roads. 000070 17 28. Tanks. No elevated tanks of any kind shall ever be erected, placed, or permitted to remain on either Lot. Any tank used in connection with any structure or activity on either Lot, including tanks for the storage of natural gas, fuel oil, gasoline, oil or water, shall be buried. 29. Emergency Access Easement. A non-exclusive easement for ingress and egress is hereby granted by Stein to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, now or hereafter serving the Lots and their residents, to enter upon the common access road dedicated on the Final Plat, and upon the individual Lot driveways, and upon any other property on the Lots, in the lawful performance of their duties. ARTICLE VII ENFORCEMENT ACTIONS 1. Enforcement Authority. The Association, acting by and through its Board of Directors, Pitkin County, and each Lot owner, shall each have the right to prosecute an action at any time to enforce the provisions of these Covenants by injunctive relief, and shall also have the right to prosecute an action for injunctive relief and/or for damages by reason of any violation of these Covenants. The prevailing party in any action brought to interpret or enforce these Covenants and/or for damages for a violation hereof shall be entitled to an award of its reasonable attorney's fees and costs. 2. Limitations on Actions. In the event any construction, alteration, or landscaping work is performed upon any of the lands within either Lot in violation of these Covenants, and no action is commenced by any Lot owner within one (1) year from the date of violation to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any aggrieved Lot owner. This one (1) year limitation shall not apply to Pitkin County, and shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE VI GENERAL PROVISIONS 1. Benefits and Burdens of Covenants: Covenants to Run. All of the Covenants contained in this instrument shall be a burden on and appurtenant to the title to all of the lands within the Lots, but not the Conservation Parcel. The benefits of the Covenants contained in this instrument shall inure to the Association, to Pitkin County, and to the owners from time to time of both of the Lots, and shall be deemed an appurtenance to the title to such lands. The benefits and burdens of all of said Covenants shall run with the title to all of the lands to which such burdens or benefits have been made appurtenant. 2. Term of Covenants. Unless amended or terminated pursuant to Paragraph 3 below, these Covenants shall be perpetual, except that any covenant to which the rule against perpetuities or the rule restricting restraints on alienation may be determined to 000071 18 be applicable shall only extend and run for the period of the lives of Marjorie B. Stein and James Daggs, and their now living children, and the survivor of them, plus 20 years. 3. Amendment or Termination of Covenants. Except as provided below with respect to Pitkin County, and except as may otherwise be specifically provided herein, all or any part of these Covenants may be amended or terminated at any time by the recording in the Pitkin County, Colorado real property records of a resolution of amendment agreed upon, executed and acknowledged by the then-current record owners of both of Lots 1 and 2. Notwithstanding the foregoing, any provision of these Covenants which was required to be contained herein by approvals obtained by Stein from Pitkin County including, without limitation, BOCC Resolution Nos. 97-24, 98-66 and 99-187, may not be made less restrictive, or terminated, without the consent of the Pitkin County Board of County Commissioners. 4. Disclaimer. Except as expressly set forth in these Covenants, no representations of any kind, express or implied, are given or made by Stein or their agents or employees in connection with the Lots or the Conservation Parcel or any portion thereof, or any improvements thereon, or physical features thereof, or the fitness thereof for any purpose, or utility service thereto, or the development potential thereof or any manner of compliance with the Pitkin County Land Use Code or applicable environmental or other laws or regulations, or with respect to the cost of owning, developing, enjoying or maintaining either of the Lots. 5. Severability. Should any provision of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining Covenants. IN WITNESS WHEREOF, Stein has executed these Protective Covenants as of the day and year first above written. THE MARJORIE B. STEIN L.L.L.P., as to an undivided 62.92% Interest By: Mary Dominick, General Partner JAMES DAGGS AS SPECIAL TRUSTEE OF TRUST B U/W/O HENRY L. STEIN, DECEASED, as to an undivided 37.08% interest STATE OF COLORADO ) ss. 000072 19 COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _ day of , 2000, by Mary Dominick, as General Partner of the Marjorie B. Stein L.L.L.P., a Colorado limited liability limited partnership, as to an undivided 62.92% interest. Witness my hand and official seal. My commission expires: (SEAL) Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _ day of , 2000, by James Daggs as Special Trustee of Trust B u/w/o Henry L. Stein, Deceased, as to an undivided 37.08% interest Witness my hand and official seal. My commission expires: (SEAL) Notary Public APPROVAL BY PITKIN COUNTY The foregoing Protective Covenants are hereby approved this _ day of 12000. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Chairperson ATTEST: 20 �! 0 0 73 0 Deputy Clerk and Recorder APPROVED AS TO FORM: Pitkin County Attorney STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2000, by the Board of County Commissioners of Pitkin County, Colorado, by as Chairperson, and by as Deputy Clerk and Recorder. Witness my hand and official seal. My commission expires: Notary Public 000074 21 EXHIBIT A DESIGN GUIDELINES 32RAiQ43.pgg 2MWa04 e.noc 000075 22 This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : C:\WINDOWS\TEMP\IMANAGE_2386704_5 and revised document: C:\WINDOWS\TEMP\IMANAGE-2386704.6 CompareRite found l 1 change(s) in the text Deletions appear as Overstrike text Additions appear as Bold+Dbl Underline text 23 00007E ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen,Colorado 81611 Phone(970)920-5090 FAX(970)920-5439 MEMORANDUM TO: Attorney FROM: Suzanne Wolff, Community Development RE: Stein/Red Butte Ranch Minor Amendment to a Development Permit 2643-354-00-001/2735-021-00-016 P154-00 DATE: October 13, 2000 Attached for your review and comments are materials for an application by Majorie Stein. This application will be reviewed by the Pitkin County Board of County Commissioners on November 1, 2000. Please return your comments to me October 23,2000. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 'J077 0 Q ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen,Colorado 81611 (970) 920-5090 FAX#(970) 920-5439 October 13, 2000 Sunny Vann 230 East Hopkins Aspen, CO 81611 Re: Stein/Red Butte Ranch Minor Amendment to a Development Permit P154-00 Dear Sunny, We have scheduled this application for review by the Board of County Commissioners on Wednesday,November 1,2000 at a meeting to begin at 3:00 P.M. in the Plaza One Meeting Room at 530 East Main St. 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 Community Development Department. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920- 5093. Sincerely, Tenley Taylor Administrative Assistant 0,90078 7195 COMQ'rff DEVELOPMENT DEPARTMEI� 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 sac Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit �Q —' 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning Enforcement Referral Fees: RB115 Access Permit LUCOI County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 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 Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 166 GIS Maps - is CIS Requirements RB 116 Road Impact Fees B1202 Road Impact Fee TOTAL NAME: , ADDRESS/PR ECT: .. i6-rztu r PHONE: CHECK# CASE/PERMIT#: #OF COPIES: DATE:_,j�k�j�,yyn INITIAL:__ i