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pitkin.planning.290918301001 (3)
DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2909- 18 -3 -01 -001 Application Date: 3/8/11 Case No: P018 -11 Description: ASP Properties LLC Minor Amendment to a Development Permit Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 3 % Over Hours. 3.6 Project Address: 8475 CASTLE CREEK RD, ASPEN, CO 81611 Property Owner: ASP PROPERTIES LLC Owner's REP: MITCH HAAS REP's Email: mhaas @sopris.net Address: 5241 ARNOLD AVE Owner Phone: MCCLELLAN, CA 95652 Address 201 N MILL ST, SUITE 108 REP's Phone: (970) 925 -7819 ASPEN, CO 81611 Referrals: Comments Due Date: Other Referrals: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #. BOCC Ordinance #: HO Determination #: Admin Determination #: 020 -2011 #578968 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date. Plat (Bk, PG) Remarks: no vesting Application Type: Minor Amendment to a Development Permit RECEPTION #: 678968,04/05/2011 at 11:56:11 AM, 1 of 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE ASP PROPERTIES LLC MINOR AMENDMENTS TO HEARING OFFICER DETERMINATION NO. 06 -2010 Administrative Decision No.&O-2011 RECITALS 1. Pursuant to Section 2- 20- 150(b) of the Land Use Code, Asp Property LLC ( "Applicant ") has applied to the Community Development Director of Pitkin County, Colorado ( "Director ") to amend the Site Plan approved pursuant to Hearing Officer Determination No. 06 -2010 as follows. All changes will occur within the approved Activity Envelopes. A. Realign the bridge closest to the main residence. B. Move the fire truck turnaround closer to the residence within previously disturbed areas. C. Relocate the septic systems for the main residence and for the caretaker dwelling unit and barn. D. Relocate the caretaker dwelling unit. E. Maintain the barn in the same location, but the barn will be slightly smaller in size. F. Spread excavated spoils around the new barn and horse corrals and regrade and revegetate those areas. 2. The property is located at 8475 Castle Creek Road, and described as Lot 1, Navratilova Lot Split. 3. The lot contains 100.2 acres and is a conforming size lot in the AR -10 zone district. 4. The Hearing Officer approved the Asp Properties LLC Activity Envelope and Site Plan Review, Special Review and GMQS Exemption for Barn Square Footage, TDR Receiver Site and Caretaker Dwelling Unit, pursuant to Determination No. 06 -2010. The approval contemplates construction of a new single family residence, barn and caretaker dwelling unit. The Site Plan has not been recorded. 5. The Director finds that the proposed amendments comply with the applicable provisions of the Land Use Code, and will not change the use of the proposed development or the basic character of the land, are consistent with action taken during the original review, do not increase off -site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. 6. The Director further finds that the new location for the caretaker dwelling unit is consistent with the criteria for development within the Scenic View Protection Area, and is farther from the blue avalanche hazard area. THE DIRECTOR DOES HEREBY APPROVE the Asp Properties LLC Minor Amendments, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. All conditions of Hearing Officer Determination No. 06 -2010 shall remain in full force and effect, except as amended herein. Administrative Decision No. _ -2011 Page 2 2. Prior to submission of any future building permit applications for the main residence, barn or caretaker dwelling unit, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. Concurrently, the Applicant shall submit for approval by the County Attorney and Community Development an amended plat for Lot 1. 3. The Applicant shall adhere to all material representations made in the application. APPROVED by the Director, this �SU day of K& k ' 2011. xk ( Cindy Houben, Community Development Director P018 -11 PID 9290918301001 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 1/26/11 PHONE: (970) 920 -5093 E -MAIL: suzannew(cDco.oitkin.co.us LOCATION: 8475 Castle Creek Road, Lot 1, Navratilova Lot Split SIZE: 100.2 acres PARCEL ID #: 290918301001 ZONE: AR -10 APPLICANT: Asp Properties LLC REPRESENTATIVE: Mitch Haas EMAIL: mhaas @sopris.net Type of Application: Minor Amendment to Development Permit Description of Project/Development: The Applicant proposes to amend the site plan to relocate the proposed caretaker dwelling unit. Land Use Code Sections to address in letter of requestiapplication: Pitkin ➢ 2- 20- 150.b: Minor Amendment to Development Permit MAR 6 2011 ➢ 7- 20 -50: Geologic Hazards — Avalanche and Alluvial Fan ➢ 7 -20 -120: Scenic View Protection Areas Community Uevelopment ➢ 7 -20 -130: Landscaping and Vegetation Protection Review by: Community Development Director Public Hearing? NO FEES: $961 (make check payable to " Pitkin County Treasurer") • $936 Planning flat fee (non - refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $312 /hour) • $25 Clerk Technology Fee To apply, submit 1 copy of the following information, unless noted otherwise: 1. Letter of request, summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Amended Site Plan (24 x 36 and 11 x 17) 3. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 5. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached); 7. This Pre - Application Conference Summary Sheet. 00000 4 3y NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. HAAS LAND March 4, 2011 PLANNING, LLG Pitkin County Community Development Ms. Suzanne Wolff, Senior Planner 130 South Galena Street Aspen, CO 81611 RE: Request for Minor Amendment to Hearing Officer Determination No. 06- 2010 for Lot 1, Navratilova Lot Split (8475 Castle Creek Road) Dear Suzanne: In July of 2010, Asp Properties, LLC (the "applicant" and owner of Lot 1, Navratilova Lot Split), applied to the Pitkin County Hearing Officer to obtain Site Plan Review and Activity Envelope approval to construct site improvements, a new single - family residence, a barn and a caretaker dwelling unit (CDU). The applicant also requested Special Review approval for a detached CDU and to establish the property as a TDR Receiver Site. Finally, the applicant requested GMQS exemptions to construct the CDU, to replace the existing residential floor area, to utilize TDR, and to construct the barn. On November 21, 2010 a Determination was made by Hearing Officer Jim True (Determination No. 06- 2010), finding the following; • The Activity Envelopes for the main residence and for the barn and caretaker dwelling unit avoid the 100 year floodplain and avalanche hazard areas; and that the envelopes are primarily comprised of slopes of less than 30% and the small areas of slopes in excess of 30% qualify as minor slope anomalies pursuant to Sec. 7- 20- 20(c)(3) of the Code; • The activity envelope for the barn and caretaker dwelling unit complies with the 100' stream setback from Castle, Sandy and Sawyer Creeks; • The activity envelope for the main residence does not comply with the 100' setback from Castle Creek; but this is permitted pursuant to Sec. 7- 20- 80(c)(3) of the Code, which provides an exception to the setback for development on lots in County approved subdivisions with designated building or development envelopes; • The activity envelopes for the main residence and the barn and caretaker dwelling unit are within two separate alluvial fans on the property, and that development within the alluvial fans is allowed, pursuant to Sec. 7- 20 -50(d) of the Code, since there is not an adequate area on the property that is not affected by constraints; • It is appropriate and consistent with the Code to allow replacement of the existing residence in the same location, since the alluvial fan hazard can be mitigated, in order to minimize new site disturbance by utilizing the previously disturbed area; • The proposed development is consistent with the criteria for development within • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO • 8161 1 -.PHONE: (970) 925-7819 FAX: (970) 925 -7395 000003 the Scenic View Protection Area. The main residence is substantially screened from view from Castle Creek Road by the existing vegetation. The caretaker unit and barn will be more visible, but the impacts will be mitigated by breaking up the mass of the structures and utilizing natural materials and coloring; • The use of TDR on the site is appropriate, given the limited visual impact as seen from Castle Creek Road and compliance with the other special review criteria; and, • The proposed caretaker dwelling unit complies with the applicable provisions of the Code. The Site Plan that was approved pursuant to the Determination has not yet been recorded. Art Mears (the applicant's avalanche and debris flow expert) and Karen Berry, a geological engineer from the Colorado Geological Survey (CGS), have been coordinating on ensuring adequacy of debris flow mitigation. While CGS desires additional information, this information/verification is of the type that can only be provided once development begins (i.e., when excavations are started and subsurface conditions are revealed). CGS is, however, satisfied with the proposed mitigation measures /designs for Site Plan recording purposes. The applicant would now like to record the Site Plan, but is requesting some Minor Amendments to the Plan that was approved pursuant to the Determination. As the applicant moved toward building permit application and fine -tuned many of the details of the development, it became apparent that certain changes to the Site Plan (as presented to the County at the hearings) need to be made. The proposed changes are as follows: • Re- alignment of the bridge closest to the main residence so that it crosses the non- blue -line creek in its existing location (entry road stays in the same location as the previous application), as opposed to the most recent approvals that had the creek being re- aligned into a new channel with the bridge crossing occurring over this new location; • The fire truck turn- around has been moved closer to the house (same configuration) but remains within previously disturbed areas and within the approved Activity Envelope; • Alternative, more practical locations for the septic have been chosen for the main house and for the CDU and barn, but still within the approved Activity Envelopes; • The CDU has been moved uphill from the location that was approved, but still within the approved Activity Envelope and somewhat better from the perspective of avoiding constraints; • The barn remains in the same location, but will be slightly smaller in size; and, • Excavated spoils will be spread out within the Activity Envelope in the area around the new barn and horse corrals, and grading will be done in a manner that creates a natural appearance and is consistent with the notes provided on the approved Site Plan. 000004 2 These changes are all positive and will have little to no visual impact as compared with that which has already been approved. Although the location of the CDU has changed, as mentioned above, the new location will better avoid constraints as it has been moved further away from the avalanche and debris flow areas. The alternative location for the barn and CDU septic was necessary to accommodate the proposed/new location for the CDU. The new septic location for the main house has been moved further down from the hillside, which will necessitate less excavation and tree removal while making better use of gravity flows. The newly proposed bridge location will mean that the creek channel (while not a blue -line stream, this water feature has been in place long enough to have an established channel and associated vegetation) will not have to be re- aligned, which will decrease the amount of disturbance to vegetation and the property. Finally, the smaller barn size will also create less visual impact. Section 2- 20- 150(e) of the Pitkin County Land Use Code states that after the issuance of a development permit, a minor amendment to any development permit intended to change an element or condition of a development permit may be approved administratively, pursuant to the standards and criteria in Sec. 2- 30 -20. Section 2 -30 -20 of the Code states that Minor Amendments to Development permits may be approved by Administrative Review upon confirmation that the application meets the criteria of Section 2- 20- 150(b) of the Code. Said section of the Code requires that the Community Development Director find that the request: (1) Is consistent with action(s) taken during previous development approvals for the property; and (2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and (3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and (4) Does not constitute a new land development activity; and (5) Does not increase off site impacts in the surrounding neighborhood; and (6) Does not endanger the public health, safety or welfare; and (7) Does not violate any Land Use Code standard; and (8) Does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation; and (9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. All of the proposed changes to the Site Plan that was previously approved remain consistent with the actions taken by the Hearing Officer. The use of the property/development will remain residential. The proposed changes do not alter the basic character of the approved use of land, including the basic visual appearance and method of operation, nor do they constitute a new land development activity. The changes proposed do not increase off -site impacts in the surrounding neighborhood, do not endanger the public health, safety or welfare, and do not violate any Land Use Code 00000;, 3 standard. Furthermore, the proposed changes do not increase the need for on -site parking or utilities, do not affect affordable housing generation, and do not increase the floor area of the use or decrease the open space on the site at all, much less by more than five percent. The proposed changes to the Site Plan for Lot 1, Navratilova Lot Split, meet all of the criteria of Section 2- 20- 150(b) of the Code and should, therefore, be approved as Minor Amendments to a development permit. As such, on behalf of the applicant, it is respectfully requested that approval of the requested minor amendments to the development permit be granted to allow the applicant to make the proposed changes to the Site Plan in the manner requested above. If I can be of further assistance in any way, or if you should have any questions, please do not hesitate to contact me. You can reach me at (970) 925 -7819, or by email at mhaas@sopris.net. Yours truly, Haas Land Planning, LLC Mitch Haas Owner/Manager Exhibits: 1. Proof of Ownership 2. Pre - application Conference Summary 3. Authorization Letter 4. Hearing Officer Determination No. 06 -2010 5. Letter from Colorado Geological Survey by Karen A. Berry 6. Fee Agreement Attachments Copy of the Navratilova 1041 Review Site Plan & Lot Split (Book 24, Page 12) Proposed First Amended Plat Revised Site Plan and Activity Envelopes 00000;' I1IIJill 111 IlfI Il 111I1Ill II Jill 1 111 111 tt66'mr'2007 04:09 ,lam CE K v05 CAUMML Plrxla C0a19Y CO R 26.00 0 0.00 WARRANTY DEED THIS DEED is dated June �- 2007 . and is made between B & Z TB LAND INVESTORS, L.C, a California limited partnership. the "Grantor," and ASP PROPI :RTIRS, I.LC, a California limited liability tympany. the "Granlec, whose legal address is 524) Arnold Avwue, McClellan, California 95632. WITNESS. that the Grantor, for and in consideration of the sum of TEN DOI.I.ARS, ($10.00), the receipt and sufficiency of which is Hereby acknowledged, hereby grants. bargains, sells, conveys mid confirms moo the Grantee and tire Grantor's heirs and nssigns forever, all rile real property, together with any improvements thereon, located in the Comity of Pdkin and Slate of Colorado. described As fellows: Int I. Navmtilovn Lot Split, acenrding In the plal thereof recorded in Plat Rook 24 at Page 12. also known by street address us: 8475 Castle Creek Road, Aspen. Colorado 81611 and assessor's schedule or parcel number. 290918301001 TOGETHER with all and singular the hneditaments and appurtenances Ihercunln hclnnging M in anywise Appertaining. the reversions, remainders, mnls, issues and profits thereof, and all the estate. right. title. interest, claim and demand whi suever of the Grantor, either in law or equity, of, in and to the above bargained prcmiscs, with the hereditmuenls and Appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances. unto the (!twice and the Grantee's heirs and assigns forever. 1 he Grantor. for itself and its successors, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's bcirs and assigns: that at ibe time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described: hen guild. sure. perfect. absolute and indefeasible estate of inheritance, in law and in fee simple; mid has good right. full power and lawful nnhtnity to gram, bargain, sell and convey the Sallie in monner and firm as aforesaid: and that the zoom Are free and clear from all former and other grants, bargains, sales, liens, lases. aseessnwnts, encumbrances And reslrictitms of whatever kind or naluw solver, except and subject to: ❑ none; or ® the feWwing maticts: Those items set forth of BMW "A' crunched hereto and incorporated herein by reference. And the Urantor shall and will WARRANT AND FOREVER DEFEND the above described premises• but rot run• acyoining rocared .street or allet•, if any. in die quiet and peaceable possession of the Gr:mee and We heirs and assigns of the Grimmc. against all and every person nr persnm claiming the whole or nay pan lhcrenf. IN WITNESS WHEREOF, the Urant,o has caused its partnership name In be hercunta subscribed by his general partner on the date sit fa 11 Above. GRAN I UK: U& Z TD LAND INVESTORS. L.P. A California limited partnechip By: B & 7 INVESTMENTS. LLC. r(Y;aliforniq limited liability company its co- trlstte of the 7urbuchen Family Trost I October 27, 1999. Asa Member of Ibe General Partner STA7 C OP CA LIFORNIA 1 1 ». Conroy of ny,, it J .v Ile foregoing instrument was acknowledged before ore this %dayof 2007, by James M. Zutlnlchern. its co-tm5lce of file 7urbarbell ponity Trust as a memos of the Gcrcrat Partner of the Grantor. of behalfofthe partnership. Witness my hand anti official seal. My commission expires: Scary g.;r. �� Notary Public Canua4iat+F 1�M980 14oIW htl0- CaMoob socxwww�o CWM 40I Cann. BpYMJanb, Na40('.Rtv.100R \ iARRAAKFYI)EF.D(Froms Partnership) (Paeelmf J) 000t4Ct ■ § §%k u$ � #0 2•®� %k \�� � \ � @ � \ Obb�,* * /\ \ f\ �a T2 }� ;] \k , \a \� \\ � \\ k Q\ k)1 ƒ \ {\ \{ ( 7- c < £ <& !§ ■ § §%k u$ � #0 2•®� %k \�� � \ � @ � \ Obb�,* EXHIBIT "A" I I 4 1 ��`I{ I'ry`{ 1 4 I I I {I 1 nIul `II I 538634 I�II IIII ITKI I COU! Co R 1251.006800 64-09 0 0 00 jW,41C K 05 ,7paiCe K Vey C I . Rights or claims of parties in possession not shown by the public records. 2. Easements. or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments. and any facts which a correct Sculley and inspection of the premises would disc!ose and which are not shown by the public records. 1. Any lirn. or right to a lien. For services. labor or material theretufore or hereafter rurnished. imposed by law and not shown by lite public records. 5. Defects, liens, encumbrances, adverse, claims or other matters, if any, created. first appearing, in the public recnnis nr attaching subsequent in the effective date hereof but prior ;o the date the proposed insured acquires of rerrcd for value the estate or interest or mortga.Ra thereon covered by this Commitment. rink- .,R CU, K,11„ ,,, CHI „r.,.,v, 11 Any unpaid taxes or asses;nunts against said land. 3 Liens far unpaid wafer and server diji if ativ. ?. R!GHT OF THE PROPRIETOR OF A VLIi`d OR LOOL 1'0 LXTSAC r Oit l, -mGGE HIS) ORE I'HERE FROM, SHOULD THE S ATE BE FOUND TO PENETRATE UR Ii TL"RSL'CI" T1IL PRENIESIS HEREBY (1R.ANJTD AS REScRVED IN I'NITED STATES PATEAIT RECORDED JULS' 13. IS: IN BOOK 39 AT PAGE I'LI thInAGE PLACER) AND APRIL f:i. 1395 IN .°,OOK .i9 AT PACE 130 (HOME PLACER) 10. EASE:LIENT AS GRANTED rO HOLY CROSS ELECTRIC ASSOCIATION, INC. BY INSTRUMENT RECORDED NOVEhIBER 11, 1998 IN ROOK 578 AT PAGE 374. II. TERMS, CONDITIONS. PROVISIONS, AND ALL :NL1TTE•RS AS SET FORTH IN RESOLUTION OF THI; BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY RECORDED JUNE 12. 1739 IN BOOK 594 AT PAGE 680 AS RESOLUTION S0. M -5Z. 12. TERAIS, CONDITIONS. PROV9SIONS, OBLIGATIONS, AND ALL RIATTERS AS SET FORTH IN RESOLUTION OF THE PITKBJ COUNTY PLANNING AND ZONING COMMISSION RECORDED JUNE 14. 19891N BOOK 594 AT PAGE 798 AS RESOLUTION NO. 89 -25 0. EASEMENTS, ROADS, BUILDING ENVELOPES AND OTHER NIATTERS AS SET FORTH iN 1041 REVIEW SITE PLAN, RECORDED IN PLAT BOOK 24 AT PAGE 12. 00000 Page: 4 of 5 I III IIIIII IIII IIII I�III� III VIII ��I IIII 26. 00 O S/ 0 070 4:09 is TERMS. CONDITIONS, PROVISIONS, OBLIGATIONS. AND ALL MATTERS AS SETT FORTH IN RESOLUTION OF THE BOARD OF COUNTY CONWISSIONERS FO PITKN COUNTY. COLORADO RECORDED APRII. 12, 19901N BOOK 618 AT PACE 115 AS RESOLUTION NO. 90-37, IS. TERMS. CONDITIONS AND PROVISIONS OF TRAIL EASFNIENT AGREEMENT RECORDED APRIL 12, 1990 IN BOOK 618 AT PAGE 123. 16. TFRMS. CONDITIONS AND PROVISIONS OF RESOLCTION W -209 GRANTING 1PPROVAC, FOR AN 'EMPLOYEE DWELLING UNIT RECORDED JULY 01, 1992 IN BOOK 1382 AT PAGE 15:; 17. TERMS. CONDITIONS AND PROVISImS OF OCCUPANCY DEED RESTRICTION 'Mi AGREEMENT FOR ENRPLOYFE DWELLING UNiTT RECORDED AUGUSF ($i. i992 IN BOOK 685 A F PAGE �RG. I:i TER.NIS. CONDITIONS. PROVISIONS, OBLIGATIONS.:INDALL MATTERS AS:I:T FORTH IN REST ?LIiT!(}N OF I HE liC3AR17 OF i:OUN:TS' C01[NJISSIONFR$ (}F PITKIN COJPJTS. COLOR.100 RLCORDEO APRIL 7. 1093 IN; BOOK iOY A T PAGE 171 AS PEHOLUTION NO 1 13-41 19. F1:RM5, AGREEMENTS. PROVISIONS. CONDITIONS, AND OBLIGATIONS OF VJFLL PL WIT APPLICATION (DENIED) RECORDED JUNE 7, 199:1 IN HOOK 714 AT PAGE 266 21 TFRNIS. CONDITIONS. PROVISIONS- AND OBLIGATIONS AS SET FORTH IN ASSIGNMENT RECORDED JUNE 7, 1993 IN BOOK 71I AT PAGE 268 21. TERMS, AGREEMENTS. PROVISIONS. CONDITIONS, AND OBLIGATIONS OF NIENIURANDUA•1 OF CONSTRUCTION CONTRACT RECORDED JUNE 2, 1994 IN BOOK 752 AT PAGE 22.1 UNDER RECEPTION NO. 370676 22. TERMS. AGREE,\•IENTS, PROVISIONS. CONDITIONS. AND OBLIGATIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED SEP'Tl'MBER 20. 1994 N BOOK 761 AT PACE 805 UNDER RECEPTION NO. 374374 23. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF HOLY CROSS 00001 _ „3... 111111 Hill 11111111111181111111�1111111111111111111111 pa X86 0 04.09 ELECTRIC ASSOCIATION, INC., UNDERGROUND RIGHT OF WAY EASEMENT RECORDED DECEMBER 12. 1994 IN BOOK 169 AT PACE 192 UNDER RECEPTION NO. 177105 2.1. EASEMENTS AND RIGHTS OF WAY FOR THE UN-INTERUPTED FLOW OF CASTLE CREEK, 25. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES ANTO THE EFFECT OF ANY RIGHT, TITLE OR INTEREST TIIAT MAY BE CLAIMED DUE TO ANY SAID DISCREPAN w 00001 State of California Secretary of State I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of ( page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of MAR 2 2 28g i #� DEBRA BOWEN Secretary of State SectState Form CE -107 (REV 112007) 000 � oeroe gene 114426.1 n000l.? 110 070811 ()2 16 File If State of California Secretary of State CII ISO„nl! FILED ENDORSED FILED LIMITED LIABILITY COMPANY in the office of the Secre of State of the Sta ARTICLES OF ORGANIZATION 2 2 ll 07 MAR 2 � 2007 This space For Filing Use only A $70.00 filing fee must accompany this form. IMPORTANT — Read instructions before completing this form, ENTITY NAME (End the name with the words "Limited Liability Company," "Ltd. Liability Co," or the abbreviations 'U-C" or "L.L.C. °) 1. NAME OF LIMITED LIABILITY COMPANY Asp Properties, LLC PURPOSE (rhe following statement is required by statute and may not be altered.) 2. THE PURPOSE OF THE LIMITED LIABILITY COMPANY IS TO ENGAGE IN ANY LAWFUL ACT OR AC71VITY FOR WHICH A LIMITED LIABILITY COMPANY MAY BE ORGANIZED UNDER THE BEVERLY- KILLEA LIMITED LIABILITY COMPANY ACT. INITIAL AGENT FOR SERVICE OF PROCESS (If the agent is an Individual, the agent must reside in California and both Items 3 and 4 must be completed. If the agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 3 must be completed (leave Item 4 blank). 3. NAME OF INITIAL AGENT FOR SERVICE OF PROCESS Charles Somers 4. IF AN INDIVIDUAL, ADDRESS OF INITIAL AGENT FOR SERVICE OF PROCESS IN CALIFORNIA CITY STATE ZIP CODE 5241 Arnold Avenue McClellan CA 95652 MANAGEMENT (Check only one) 5. THE LIMITED LIABILITY COMPANY WILL BE MANAGED BY: ® ONE MANAGER ❑ MORE THAN ONE MANAGER ❑ ALL LIMITED LIABILITY COMPANY MEMBER(S) ADDITIONAL INFORMATION 6. ADDITIONAL INFORMATION SET FORTH ON THE ATTACHED PAGES, IF ANY, IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE APART OF THIS CERTIFICATE EXECUTION 7. 1 DECLARE I AM THE PERSON WHO THIS INSTRUMENT, WHICH EXECUTION IS MY ACT AND DEED. � E y XECUTED � .A%�o 3 / -2-t / 0.7 SIGNATUREU ORGANIZER DATE John E. Di Giusto TYPE OR PRINT NAME OF ORGANIZER *iGE Qp� RETURN TO (Enter the name and the address of the person or firm to whom a copy of the filed document shou be B. NAME John E. Di Giusto, Esq. qW FIRM Boutin Dentino Gibson Di Giusto Hodell Inc. ADDRESS 555 Capitol Mall, Suite 1500 CITYISTATE/ZIP LSacramento, CA 95814 u7c-t REV 032005 APPROVED BY SECRETARY OF STATE 114426.1 n000l.? WA Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611 -1975 RE: Lot 1, Navratilova Lot Split (Book 21, Page 12) (a /k /a 8475 Castle Creek Road; PID# 2909 - 183 -01 -001) - -- Application for: Minor Amendment to Hearing Officer Determination No. 06 -2010 To whom it may concern: As owner of Lot 1 of the Navratilova Lot Split, I hereby authorize Haas Land Planning, LLC (HLP) and Charles Cunniffe Architects (CCA) to act as our designated and authorized representatives for the approvals captioned above. HLP and CCA are authorized to submit an application for the approvals listed above and any incidental approvals (i.e., removal of EDU deed restriction, etc.) associated therewith. HLP and CCA are also authorized to represent us in meetings with Pitkin County staff, the Hearing Officer, the Board of Adjustment, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours truly, PropertO, LLC 5241 Arnold Avenue McClelland, CA 95652 Phone: (916) 921 -3154 000014 PID# 2909 -18301 -001 RECEPTION#: 577495, 02/08/2011 at 12:05:29 PM, 1 OF 8, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ASP PROPERTIES, LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR BARN SQUARE FOOTAGE, TDR RECEIVER SITE AND CARETAKER DWELLING UNIT Determination No. - ( P -2010 RECITALS I ) Asp Properties, LLC (hereafter "Applicant ") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer ") to obtain Site Plan approval to construct a new single - family residence, barn and caretaker dwelling unit. The Applicant is requesting special review approval and GMQS exemption to utilize three TDRs to develop up to a total of 15,000 square feet of floor area. The Applicant is also requesting special review approval and GMQS exemption to construct a caretaker dwelling unit, and GMQS exemptions to replace the existing residential floor area and to construct a barn. The parcel is within a designated scenic view protection area as seen from Castle Creek Road. 2) The property is located at 8475 Castle Creek Road, and described as Lot 1, Navratilova Lot Split. 3) The lot contains 100.2 acres and is a conforming size lot in the AR -10 zone district. 4) The BOCC approved the Navratilova Lot Split in 1990; the final plat was recorded in Plat Book 24 at Page 12. Building envelopes were established at that time on Lot I for the "main residence" and the "barn and employee housing." An Employee Dwelling Unit was approved, pursuant to BOCC Resolution No. 42-209; the deed restriction is recorded in Book 685 at Page 586. The Certificate of Occupancy for the existing residence was issued on May 11, 1995. 5) The Hearing Officer granted approvals for activity envelopes and site plan review, special review and GMQS exemptions for a TDR receiver site for two TDRs and a caretaker dwelling unit, and a minor plat amendment, pursuant to Determination No. 19 -2007. The approval contemplated expansion of the existing residence and future construction of a new barn and CDU (activity envelope approval only for the barn and CDU). The existing floor area was calculated at 9,828 square feet, including the existing residence and employee dwelling unit: approval was granted to utilize two TDRs for up to 14,828 square feet. The amended plat, site plan and activity envelope plan have not been recorded. The vested rights expired on September 18, 2010. 6) The Hearing Officer heard this application at duly noticed public hearings on September 28, October 5 and 28, and November I 1 and 18. 2010, at which times evidence and testimony were presented with respect to this application. 7) The Hearing Officer finds that the Activity Envelopes for the main residence and for the barn and caretaker dwelling unit avoid the 100 year floodplain and avalanche hazard areas; and that the envelopes are primarily comprised of slopes of less than 30% and the small areas of slopes in excess of 30% qualify as minor slope anomalies pursuant to Sec. 7- 20- 20(c)(3) of the Code. The activity envelope for the barn and caretaker dwelling unit complies with the 100' stream setback from Castle, Sandy 000015 Determination No. J0 -2010 Page and Sawyer Creeks. The activity envelope for the main residence does not comply with the 100' setback from Castle Creek; this is permitted pursuant to Sec. 7- 20- 80(cx3) of the Code, which provides an exception to the setback for development on lots in County approved subdivisions with designated building or development envelopes — this lot complies. 8) The Hearing Officer further finds the activity envelopes for the main residence and the barn and caretaker dwelling unit are within two separate alluvial fans on the property, and that development within the alluvial fans is allowed, pursuant to Sec. 7- 20 -50(d) of the Code, since there is not an adequate area on the property that is not affected by constraints. The Hearing Officer further finds that it is appropriate and consistent with the Code to allow replacement of the existing residence in the same location, since the alluvial fan hazard can be mitigated, in order to minimize new site disturbance by utilizing the previously disturbed area. 9) The Hearing Officer further finds that the proposed development is consistent with the criteria for development within the Scenic View Protection Area. The main residence is substantially screened from view from Castle Creek Road by the existing vegetation. The caretaker unit and barn will be more visible, but the impacts will be mitigated by breaking up the mass of the structures and utilizing natural materials and coloring. 10) The Hearing Officer further finds that the use of three TDRs on the site is appropriate, given the limited visual impact as seen from Castle Creek Road and compliance with the other special review criteria. The Hearing Officer finds that the use of the third TDR is appropriate, pursuant to Sec. 2-30 - 30(h) of the Code, given that it will provide only 172 square feet of additional floor area in order to develop the maximum allowable floor area of 15,000 square feet, and the Applicant has agreed to forgo the additional 3,000 square feet of barn space that would otherwise be permitted by the replacement provisions of the Code and would necessarily be developed in a constrained area. t 1) The Hearing Officer further finds that the proposed caretaker dwelling unit complies with the applicable provisions of the Code. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Asp Properties LLC Activity Envelope and Site Plan Review, Special Review and GMQS Exemption for TDR Receiver Site, Caretaker Dwelling Unit, and Barn square footage, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I . The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination. The exterior of the structures shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflectivity, with the exception of materials associated with solar or photovoltaic equipment. Samples of exterior materials shall be reviewed and approved by Community Development prior to building permit application. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 00ok I(D Deierminat(on No. 6_-3010 Page 3 3. Prior to submission of the Site Plan for approval and recordation, the Colorado Geological Survey ( "CGS ") shall submit written comments to the Community Development Department, in which the CGS agrees with the Applicant's assessment of the geologic hazards that affect the site and the Applicant's proposed mitigation of those hazards. if the mitigation recommendations from the CGS result in substantial amendments to the Site Plan, the Hearing Officer shall review and approve the amended Site Plan at a public meeting. 4. Prior to submission of any future building permit applications for the main residence, barn or caretaker dwelling unit, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. Concurrently, the Applicant shall submit for approval by the County Attorney and Community Development an amended plat for Lot 1. 5. The parcel is exempt from Growth Management for up to 9,828 square feet of floor area and 5,811 square feet for a bam(s). At building permit application for the new residence, the Applicant shall surrender three TDR Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop up to 15,000 square feet of floor area. The existing barn square footage (approximately 3,000 square feet) shall not be replaced. Up to 3,000 square feet of the new barn may have a height of up to 23'6" as measured pursuant to the Code; the remainder of the 2,811 square feet shall be limited to the 20' accessory height limit (unless amended). 6. The Applicant shall submit an earthmoving permit for the improvement of existing or the addition of new ponds, for review and approval by the Planning Engineer. Verification of adequate water rights shall be provided. If any of the ponds are to be stocked with fish, the Applicant shall obtain a private lake license and stocking permit from the DOW. Ponds can only be stocked with certified whirling disease free fish. 7. Prior to issuance of building permits for the main residence, barn and caretaker dwelling unit, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. The water supply shall be demonstrated to be adequate for two dwelling units. B. Submit engineered drawings of any debris flow protection structures required pursuant to condition 43 above. An engineer shall approve the as -built condition of the walls, prior to issuance of a Certificate of Occupancy for the residence. C. Submit a site specific soils and foundation investigation. D. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. E. Obtain a County access/driveway permit acceptable to the Aspen Fire Protection District and County Engineer for any major improvements to the access road and/or new driveways. All bridges and culverts shall be designed for emergency vehicle loading. The Applicant shall provide adequate engineering for all replacement and /or repair work to be done to the existing bridge over Castle Creek. A Pitkin County Floodplain Development Permit may be required for the bridge work. F. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the total development disturbs one (I ) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. Stormwater shall 0 0 r� Determination No. a -3010 Page 4 be detained onsite and allow infiltration of runoff prior to discharge. The plan shall demonstrate that existing drainages to Castle Creek will be maintained, and shall clearly depict all pond inlet and outlet locations. G. Submit a construction management plan for review and approval by the Planning Engineer. H. Pay the applicable road and employee housing impact fees. 1. Obtain a permit for expansion or replacement of the septic system (if required). The system must be designed by a registered professional engineer. J. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall address the reclamation of the old bam/EDU site after demolition. 8. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the main residence. The plan shall specify the trees to be removed. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. 9. No development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of variance. 10. The area behind the debris flow protection walls must be kept clean of debris to maintain the wall heights and preserve the effectiveness of the walls. 11. The Applicant shall comply with the following standards for Development in a Moderate Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): I ) No new conifers shall be planted within thirty (30) feet of the residence. Existing conifers may remain. 2) Brush, debris and non - omamental vegetation shall be removed within a minimum ten (10) foot perimeter around all structures. 3) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around the structures. 4) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 5) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. This does not apply to aspen trees. 6) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder Determination No. L -2010 2010 Page 5 fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 8) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 9) All deadfall within 60' of the residence shall be removed. 10) No new conifer trees shall be planted within ten ( 10) feet of a residence. 11) No flammable mulches shall be placed within two (2) feet of a residence. 12) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline. such as parapets, shall he prohibited, 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. C. Water Supply for Fire Safety 1) 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 the Community Development Department and the Aspen Fire Protection District. 2) Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The lot shall have a minimum 20.000 gallon water storage tank (or alternative approved by the Fire District). 3) In -house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. D. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shal I be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth ('/<) inch maximum, 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 000031.9 Determination No. U 4010 Page 6 7) Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. l 1) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire - resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 12. The Applicant shall comply with the following conditions regarding wildlife: A. Dogs shall be kenneled within 50' of the residential buildings or leashed under human supervision at all times. Contractors shall be prohibited from bringing their dogs on -site. B. Manipulation of vegetation outside of the Activity Envelopes is prohibited unless necessary to comply with the wildfire mitigation requirements enumerated above. Landscaping shall be limited to the designated Activity Envelopes. C. New fences shall comply with the following: 1) Mesh or woven wire fences are prohibited. 2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3) Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strand (which may be barbed) should be located a minimum twelve (12) inches from the top wire to prevent entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. D. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelopes. E. With reasonable notice to the property owner, access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. F. Trash/garbage shall be kept in an approved bear resistant container or enclosure. G. Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever style door handles shall be avoided on the exterior of the house. Composting shall be limited to yard waste. H. Horse grains, pellets, and cookies shall be stored indoors and/or in bear resistant containers. 13. No development shall occur outside of the approved activity envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. 14. The Applicant shall provide adequate engineering of any retaining walls over 4' in height and/or any improvements to retaining walls over 4' in height. All retaining walls shall be a maximum of 7' in height. 000020 Determination No.LL-2010 Page 7 15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 16. Prior to issuance of Certificate of Occupancy for the main residence, the Applicant shall submit for recording a covenant acceptable to the Community Development Department and County Attorney prohibiting commercial agricultural activities on the parcel. 17. Prior to issuance of a Certificate of Occupancy for the new bam, the Applicant shall obtain a permit to demolish the old bam, and shall have completed the demolition of the building and the restoration of the site. 18. Prior to submission of building permit application for the caretaker dwelling unit, the Applicant shall: A. Obtain approval from the Board of County Commissioners to remove the employee dwelling unit deed restriction for the unit within the bum, The employee dwelling unit shall be demolished or rendered uninhabitable prior to issuance of the Certificate of Occupancy for the caretaker dwelling unit. B. Demonstrate proof of an adequate water supply for two dwelling units. 19. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14 "W X 16 "D X 5.25 "H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. The Applicant shall provide two off - street parking spaces for the caretaker unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 20. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit for compliance with these conditions of approval (17 -19 hereof) prior to issuance of a Certificate of Occupancy. 21. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 22. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 23. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use � We, e. § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on bQ r I9 2013. 00004 Determination No b-2010 Page 8 N014CE OIFXUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the Og ay of {AgL4F j . 2010. ��/j� APPROVED AND ADOPTED this � b " i3ay of .�Lqlhhar— 2010. PUBLISHED AFTER ADOPTION F R VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on thel) day of 1 2010. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: Y��" ^, —te - James R. True, Hearing Officer 6cln 0 IQ I. (,fie wlej Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John un , rney P054 -10; PlW90918301001 Date APPROVED AS TO CONTENT: rA O�rdy Houben, Community Development Director 000022 COLORADO GEOLOGICAL SURVEY -- serving the people of Colorado Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866 -2611 Fax: (303) 866 -2461 February 12,2011 Ms. Suzanne Wolff Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 SuzanneWolffP,co.pitkin.co.us olffP,co.nitkin.co.us Re: Asp Properties Land Use Application, PI -11- 0005_3 Dear Ms. Wolff: DEPARTMENT OF NATURAL RESOURCES Following email and phone discussions, additional information was submitted by the applicant on January 25, 2011. The additional information showed how Art Mears determined debris flow hazards outlined in his letters dated June 12, 2010 and dated June 7, 2007. I was able to verify how Mr. Mears arrived at his estimates of debris flow volumes and depths. Mr. Mears estimated potential debris flow volumes using topographic maps and making assumptions about the topographic surface below the fan, the volume of debris associated with different return intervals, and making assumptions about the width, depth, and length of historic debris flows. If his assumptions are correct, the mitigation measures outlined by Mr. Mears should provide reasonable protection to the proposed development. Mr. Mears was not able to provide any site - specific documentation to verify many of his assumptions. Most of this data was collected by Mr. Mears some time ago and is no longer available. In summary, though the recommendations by Mr. Mears appear to be valid, they are based on numerous assumptions that were not verified. It would be prudent to verify that W. Mears' estimates of debris flow depths and impact forces are correct. This is needed to verify that the proposed mitigation measures are adequate to protect the proposed development. Excavations will be required for the mitigation wall and new home. These excavations, pits, or trenches should be evaluated by a geologist and debris flow expert to determine if Mr. Mears' assumptions are valid. A subsurface geologic report should be required and reviewed before foundations are constructed and "as built" certifications of all mitigation structures should be required before structures are occupied. Please contact me if you have any questions or concerns. I can be reached at 303.866.2611 ext. 8315 or by email at karen.berryp,state.co.us Sincerely, j acA Karen A. Berry Geological Engineer, PG, AICP, CPESC -SWQ 00012.3 PITKIN COUNTY COMMUNITY DEVELOPMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Charles Somers, Mana¢er for Asa Properties, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Minor Amendment to a Development Application (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058 -2001 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of 9$ 61* which is for 3* hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director *Includes Planning Office flat fee: $936 (non - refundable; based on 3 hours of staff time). Also included: Clerk Technology fee of $25. 0 0 0 [!" PID# 2909 -18301 -001 5241 Arnold Avenue McClelland, CA 95652 I Ig I F. 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FFREBf DEOT7.TE5 MRThER EFIT OFTHE TW9 F TOFTHE NAV TIIOM LO(D94T PJBLIC AI VE FW(wI�TRAI," HA9 EEEN ReVCWEO ANOAPPWG1 @I TLE ;ASEVEW FIX AfIEYi TI-E RIiWN CO .AVfY g}gRO OFOJMJ.YAIQ:ERz rQ3MZYW -i AYtXW Fil C 5FYX�N TH9_O9Y OF __,19� AND N 1w AE H WI5L*fTTO THE IN PCCORLW fE Wrnl n1E REpItAD'I CF TE10�,9 gp'IM1iCT 'L F IAKNT AG CNT - ME mtCD G`CA1`T' (01.9 "I°..8�`CRe " M a — AT PAP£ _— NO YI-K REfOCCPD AT 60X 994, PAGE REiQRQING CERTIFICATE CREIC ROAD T (3110 - ($j}E RECORDS OF THE FlTR,N fQTNtt 1 0 %Z =m F9o- t CF PRbN 1DJNif. xUwww ATn PoIM ON LNE 4 +5,. 5 12340: OLCIaA1A fteWRDER. lUTAE FVLFR, MD 7531,9�141D'W 547'Itio6'W 39.47; '. .` ; THD RAT OI TH! ICATIIW bP IT 1 9 39O of FEET FRJM fL1 KAOF N47'14C&W 6412, THYJ_D+Y DF /QEPfED RJR F!LIfG IN THE O�Flfl OFTViE ° .YJD FAME RPCER: L•92D41. R. 4[630, [N •NW a19�''A+ CIERKJWORECOTLErx cF RM: CQAVTC, L-16 9I, 9.250 oi•52011 97TH N74:59'DO'W I D270, 4,.` ," rim N OF Cg4W79C1FER9 (OLCReOO 'HU_II�OV'OF G� - -' " �J 1990 INF, �",C Zy 1.7 Pft+e IL A9 5pD'57'OJ'E Ail 60 L• 41174 C0 R•D4e60,M• Nfs)'4 ° /'oo 47/71, J ` L•S• P.ss°tvTvNO. L•4. 9390, R•606.+A, 41.9T/'44 "" 448.75, N4Y51'V N4.507 - -- 546'Si'00'E N450 L1493.67, R•746.3D,CN•,}Y3 V22'W454.71, YY+RIINA W47RATILCVA L•3E163, R•780 h@�F�gIDOT, NDO'97bO'W.41360i J N'sT'tt{E 102N9; -'-°"� i•D725, R•IyG4D. u1.N •04' 9w4 ^, L•z99.ID, R•746.3O, CH•x3'D `4$247.18, N,"47'14'13'E 4164 'PJ'l�i"�� PR10N n]AiY ClEpc eelO ftFfeRORR ,. . s... -. ,a AFT.'• _ >[>'; * _ ' �:a.,.,._. .. r,.u..-.. '.e; �.� „ . . BARN & 92 yy Ll4 o. , . - :�T1iJl1 (M1il .,,. In IC 3 sL ip'98 /- / � t r leoN E 2' W” IN ASPEN — !ER POND 60' R.O.W. IN I% K 151, FADE 554, CERTIFCATE OF DEDICATION AND OWNERSHIP CREIC ROAD T (3110 - ($j}E RECORDS OF THE FlTR,N fQTNtt 1 0 %Z =m F9o- t CF PRbN 1DJNif. xUwww ATn PoIM ON LNE 4 +5,. 5 12340: OLCIaA1A fteWRDER. lUTAE FVLFR, MD 7531,9�141D'W 547'Itio6'W 39.47; '. .` ; THD RAT OI TH! ICATIIW bP IT 1 9 39O of FEET FRJM fL1 KAOF N47'14C&W 6412, THYJ_D+Y DF /QEPfED RJR F!LIfG IN THE O�Flfl OFTViE ° .YJD FAME RPCER: L•92D41. R. 4[630, [N •NW a19�''A+ CIERKJWORECOTLErx cF RM: CQAVTC, L-16 9I, 9.250 oi•52011 97TH N74:59'DO'W I D270, 4,.` ," rim N OF Cg4W79C1FER9 (OLCReOO 'HU_II�OV'OF G� - -' " �J 1990 INF, �",C Zy 1.7 Pft+e IL A9 5pD'57'OJ'E Ail 60 L• 41174 C0 R•D4e60,M• Nfs)'4 ° /'oo 47/71, J ` L•S• P.ss°tvTvNO. L•4. 9390, R•606.+A, 41.9T/'44 "" 448.75, N4Y51'V N4.507 - -- 546'Si'00'E N450 L1493.67, R•746.3D,CN•,}Y3 V22'W454.71, YY+RIINA W47RATILCVA L•3E163, R•780 h@�F�gIDOT, NDO'97bO'W.41360i J N'sT'tt{E 102N9; -'-°"� i•D725, R•IyG4D. u1.N •04' 9w4 ^, L•z99.ID, R•746.3O, CH•x3'D `4$247.18, N,"47'14'13'E 4164 'PJ'l�i"�� PR10N n]AiY ClEpc eelO ftFfeRORR ,. . s... -. ,a AFT.'• _ >[>'; * _ ' �:a.,.,._. .. r,.u..-.. '.e; �.� „ . . BARN & 92 yy Ll4 o. , . - :�T1iJl1 (M1il .,,. In IC 3 sL ip'98 /- / � t r leoN E 2' W” IN ASPEN — !ER POND 60' R.O.W. IN I% K 151, FADE 554, CERTIFCATE OF DEDICATION AND OWNERSHIP CertM,otbo of Dadicoti. and 0wner.N,y, Knew dl Nor by Mere presorts Mot ASP Prcpmtbry LLC A Cd/fam/o Lknited L/aGAttyy Lwnpmy defog the 0wnm of C:R /mob h Pima, Comtx Cev e ckentled ar ldlows Lot 1, Norotllaw Lot SpIR Needy SLbdfv.Her said Przperfy mto Me Fwat Amended Pbt Lot 1, Naw blow 1011 Re Mew I. Plop h Lot Spl /t os shoim an mi. plat Executed this n oy of x 811. LMmJm sanx, 4anagm St.& of County of SS Me 4wieoh9 hstf ono was a O%fedge Debra me M doy of 2811, by Chades Sooners NiMess my hood and of ki seal. My commbsbn esp/rcs Notory Pudic C"mun /ty Be�b Mm t M votor's Approww Ph flit AmnAN Mot her beam ndrwt and e0ano by Me [a+vnwvy dw4ymmr LkIeter of Pf4h Lkmy Mb_d v of 2011, eW., b Adnhbbdhe dswbbn Me p dv Dm. Lbnmudy VIW .t otvo r Parst '4mended Plat Lot >, Navratilova Lot Split Recorded in Plat Book A?`t at Page 12 County of Pitkin, State of Colorado TAe Purpose of mis Amended Plat is to remove Rutm&w Envelopes from VA Navratflova 119" Review Site Plan d Lot Split Activity Xnvelopes and Site Plans will be recorded by separate instnAmenfs. GRAPHIC SCALE (asQt) f lmb�]deR Lot 100,200 Acres i/- v vicinity jav > e =1000' yS 6gy4 pt e m v4 �U 4 Lot 2 Legend and Notes - o hd'cotes found monument m desalted - Sowings ae based upm 1 nd mmummts of Me boundwyy m Mom h. ush9 aconl baahgs Rmn sold Na W.. INI Re Mew SRe Pbn J Lot S fit remded as Book 24 of Pea! 12 Acro , to f1RN Canmmly Prod No BB897Ca3= Panel J88 of J25 efhethe Jme M, 1987 no Dare fl W eowtbns was detamhed - Mb —Y does not mpresmt a MY& soanA by MLr sungL w to de." ownvM.p or to dw.ro easements or ome mcumdancea of m and no 116e commldnmt we pvNdxJ of Me Mn. of Mb a,rwy Mfs pmpmtY b sudkct fo ep emmt4 d06ts of way mid/ m requ mts as noted a Mown h Me rimes of Me PRkh County f and Rsm .. SLrwyrr's co lmoete L ,bffrey Allen ruttb, hmeby oertlry Mot this Amended Plot of Lot 1, was prepared and , my dkacOa and supmvbbn. Mot Me looctbn of Me wisiii bounds , rood, and other features ore occureldy and oardBy Mom berean, Mot the same are based Wee BocuorenM of Reoa f and o 5e/d y Aefaey A /lm r-IM, CS No — "JS Bate Roc V Cmd/lbate Mb Amended Plat of Lot 1, Nowaaow 10$1 Re Mew SRI Plan b Lot Spilt ie accepted la F,l1ng In the MU,e of Me CJuk and RecoMa of Pfthl Comtx Colorado this n a y o f 2011 h Pet Book of Pogo as Reception No 00002`' TbrTTLB SbRffrlx,C SBRFZCJS , -""- 727 Bloke Avenue �w�waM Glenwood Springs, C olora do 01 (970) 928 (FAX -9708 947 -7- 9007) Jeffotss -us. com First Amended Plat Lot 1, Navratilova Lot Split Recorded in Plat book 24 at Page 1 POh, Canty Clark Q Rx 8475 Castle Creek Road sew 2, 17 j Pb°tkin County, Colorado � 0310112o;; -- - ..... I.I. C�mY.[ x. bmR.nd r u[FMpMm ecw.[bt tt Y W ray d W mn[esiw m lx.m J NGry u41[M. MnIR Nwmw wpNwmc irry iXM,wiN,Brtlm,hydyitl[yNip[h COMemtwY m.XYrt! [blc[w1wNVaw MVPm rammi VsIIYM[edMMwee[/W a cwn�[w w r.pr r e.�vy. m.m[as [wruv.. 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LNrwrpYrtX/Mtla.m W r .em.Jmi�d W MdB. 2Cbngol4Mw4MIwla[X ^ mNe[NinvnyyrAmW \ r.m�msds[bm X W MM V U.msY 9.N nb T.ImMla y[msm /x,meYv /. N rB.mrt nmH wf 4 M M ap[roYi Ma te[Y. wl�Ys 9. XNnMm lm[bN[eNlme M1amW Wiie Nexv�mmrndw,mrlx MmKb ro[ µse6Y.m[wMapmp/ hwn [mM� B.N b[wladwsAmrwyeaMNMy[ad i. nYpChm[IS.kFM kammmyfaatlN w xax.[Nem[mryl.xrrmNw. r.w, m. w.w.dm.x.. 9.Ndwm.4wveflMtlmmrtrW wApslaM J /// ormw WTE RMIN COUNTY HEARING OFFICER ME AN1MNlHII PEVIW ®Nb IiPPNV ®!Y 1 MFAIWOCiFKB10FP11FDIldMIT. TIIS MYCf �AII. l NaYMlITOUET6OYNIMNNO.OL101P PECq¢ ®NREGEPIIW.TIW INTEflfxNC0YN1YClHBtNDflECgmBf9f4FICE 010 60 110 160 21WT rNFSRTme ^^u"cae+ ^I xem'as[ i f M R THIsR PR RnE3$REM 1pGiIVITYENV6CPENIN X BEEHACC EPTEO IC E1 SI PIMIN COUNTY,C0.WAOO, ON iH13 _p0.Y ff�YB11.INPIAT0001f AT PROE _. p3 PECEPTKKi MO. 6 5TN66AKNN EPL. (WO d -bhA x Boundary Line 528 ° 11'56 "E 1 302.67 INpTwN W g¢v(klw W kaRkaka.lu(LYwpb.w .v,.+uw.rcw W.. pkrsnaa .o.rk�rwmmr.�wrwmwr...+.•am NiRw W p.wwroc z r.. aMmr. ino .Nw.mpa.�MtYNrpu.oamt.us.e.av w re.. k. res« rwrwr. x.. wRmR.cbtveMr�YA.a.mtFam..r..siy S.CwRrsiw unpbl6 ^4kmMkYmMtF� 6.NrAn[ mM(mrtRR1MMNYmNr001YlYOWnMI9t♦1 6.4MwMm'siFRIB'Nmmma WnEYlmnwveyayMimml F`RdF} b.N4rW mla. nHrunar- PfmmprvwxarulwwmlM1abrm4tleWrKr '/. fmvcpNi m.arlptlLMllkpwtlRws�. AfMIW V IwnkeRmpoNb .wiwNNm2FJINM1aawaSYrfrla a camsm e � +nwomumiNn Mwe.omawa.sm.+w.Mr.rR�v IO. 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Si0'L VENEER ED VE0.TILPL WT L 51LIN5 - SiPIIRL 3❑ YGpp TIIEER - STTIIEO 1NNRPL VPTINPwNI511R NLGF ❑$ METPL ROLFIM C -1 G PFlGC LEVR - ELeJ L3' a � ELEV a ,j O WEST ELEVATION Q TD Q 0 1 0 Q I& �� P N M P Y J H TG °'° O _M_ LE �L -L� LEJ a ' - ____ _I.p L EV6� ELEV a I]'C' u • -- - n - - -R _ _ter F74 f ■ 1� ■ -� 1 t NO El Nwlx LE_ _ L - EIEJ MXl'�O' _ _ u_ L EVEL LEJ a _I LE VEL EIGJ aVJL'b' IL 6 � LLLL m C Q v m ui gpi LL LL Y Z mm Z O V D i g -1 a g o g S W U 000 Lu C)o z o w U H � z U) 0 U O w Z 2 �= 0 MWING ELEVATIONS I MF FATE Lano use Wool 62140 U1% 0 0 611 -10 co Ee�,.. 61RA0 vev. m 11 -1810 .pS NG. 091]A T HOUSE xworaam weals Iua�N,.l »1111s SOUTHWEST ELEVATION - O 3 0 Ib 7 No 91 IN I I imil 11 I I I I I KEYNOTES F ill RE 100 STGNE VE ER VERTILPL 1'V"00 SIOINS - STMXEp 3❑ IVJJ� iIIYER - 5iM 1E0 ❑a uT- - = R-- ❑5 SYMXETIG -A- -I- ul 11 It n F NORTH ELEVATION I�B. , p.0.. 0 :� =_C� = = == '1 = == = =_L____�=_[�3 WEST ELEVATION I D.2 C.8 0 3 A.3 i I � I U^ H Q GG w o il LL LL Z Z � w qq S d w a w J S 2 �8 U �m o� °o Z a < ¢ a Q Y J U U T � wz w U O O z v! CL IXNWING REFERENLE ELEV 000G* EAST TACK ROOM ELEVATION SSUE 0.41E L10 m P.oy.e.: 140.11 MB K. W17A SHEE HO 7 f8 BARN UPw15m [MKE$ E�I«E tea,«„ SOUTH ELEVATION S -0 .G.. ELEVATION Y I�0 • • 1' KEYNOTE LEGEND Q E. o ws"m�iI cwxaro rurmav L ins o �aTww ,l�ro F.] TI-. -I- o Tl-E ro�-T o TI�EE�E E ❑5 ST .- SEMI -TPL r � R U a� W H 2 a U Q W w w LL LL a Z = Z o° U �w U J a o Q 12 ° U � 4 EAST ELEVATION NORTH ELEVATION 0 H Z D Of 00 o 0 W o 4 Q w of F w o W v � a Lq_ U U O (n Z r FY- W $ a O {o n r 3 WEST ELEVATION SOUTH ELEVATION _ u = D B SHEET W 8 of 8 CARETAKER ELEVATION NOTE5: U WLOMSPEFEPENGE j LNP}gN IOON OPOS dNPTIfN '+'+'+'+O' v asex To xeclElcnTwxs'oa xTPl;eo Ix ©vw.nox ox wTewus no mouwn eMLLLPXS M0. T'PE ca«+ �,we�I �xxl. �Ix�II aal�xa,. I L PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 March 15, 2011 Mitch Haas 201 North Mill Street, Suite #108 Aspen, CO 81611 mhaas @sopris.net Re: ASP Properties LLC Minor Amendment to a Development Permit (CASE P018 -11; PID 2909 - 183 -01 -001) Dear Mr. Haas: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN AUNTY COMMUNITY DEVELC>MENT Permit Receipt RECEIPT NUMBER 00030598 Name: ASP PROPERTIES LLC Project Address: 8475 CASTLE CREEK RD Type: check # 1134 Permit Number 0018.2011.PLAN 0018.2011.PLAN Fee Description Date:3/8/2011 Amount PP- Flat Fee PP- Public Notice Fee Total: 936.00 25.00 961.00