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Home My WebLink Aboutpitkin.planning.264323401001, 264323401002, 264324401003, 264324401004 (2011)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: 2643-23-4-01-002 Application Date: 6/7/11 Case No: P046-11 Description: Rosemary's Circle R Ranch East LLCfTwo Mile Ranch I LLC/Two Mile Ranch II Planner: Suzanne Wolff LLC Extension of Vested Rights// Closed Due to Inactivity Since 2012 10/19/17 # Copies: 7 SW Allocated Hours: 4 Project Address: 0061 CIRCLER RD, WOODY CREEK, CO 81656 % Over Hours: 4.8 Property Owner: ROSEMARYS CIRCLE R RANCH EAST Owner's REP: SARAH OATES REP's Email: smo@okglaw.com Referrals: ALL OTHER REFERRALS Comments Due Date: 08/12/2011 Meetings: 1st Meeting: Meeting Date: 09/28/2011 Review Body: bocc Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: BOCC Ordinance #: Admin Determination #: Other Information: VR Approval Date: VR Expires Date: Remarks: Address: 300 CRESCENT CT, STE #1000 Owner Phone: DALLAS, TX 75201 Address: 533 E HOPKINS AVE, 3RD FLOC REP's Phone: (970) 920-1700 ASPEN. CO 81611 Other Referrals: Woody Creek Caucus 2nd Meeting: Plat Recorded Date: Plat (Bk, PG): Application Type: Vested Rights - Extension/Reinstatement P&Z Determination #: HO Determination #: 3rd Meeting: Parcel ID: 2643-24-4-01-004 Application Date: 6/7/11 Description: Rosemary's Circle R Ranch East LLC/Two Mile Ranch I LLC/Two Mile Ranch II LLC Extension of Vested Rights// Closed Due to Inactivity Since 2012 10/19/17 SW Project Address: 0061 CIRCLER RD, WOODY CREEK, CO 81656 Property Owner: ROSEMARYS CIRCLE R RANCH EAST Owner's REP: SARAH OATES REP's Email: smo@okglaw.com Referrals: ALL OTHER REFERRALS Comments Due Date: 08/12/2011 Meetings: 1st Meeting: Meeting Date: 09/28/2011 Review Body: bocc Public Hearing? no Notice Date: Meeting Notes: Case No: P046-11 Planner: Suzanne Wolff # Copies: 7 Allocated Hours: 4 % Over Hours: 4.8 Address: 300 CRESCENT CT, STE #1000 Owner Phone: DALLAS, TX 75201 Address: 533 E HOPKINS AVE, 3RD FLOC REP's Phone: (970) 920-1700 ASPEN, CO 81611 Other Referrals: Woody Creek Caucus 2nd Meeting: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: VR Expires Date: Remarks: Plat Recorded Date: Plat (Bk, PG): Application Type: Vested Rights - Extension/Reinstatement Parcel ID: 2643-23-4-01-001 Application Date: 6/7/11 Description: Rosemary's Circle R Ranch East LLC/Two Mile Ranch I LLC/Two Mile Ranch II LLC Extension of Vested Rights// Closed Due to Inactivity Since 2012 10/19/17 SW Project Address: 0061 CIRCLER RD, WOODY CREEK, CO 81656 Property Owner: ROSEMARYS CIRCLE R RANCH EAST Owner's REP: SARAH OATES REP's Email: smo@okglaw.com 3rd Meeting: Case No: P046-11 Planner: Suzanne Wolff # Copies: 7 Allocated Hours: 4 % Over Hours: 4.8 Address: 300 CRESCENT CT, STE #1000 Owner Phone: DALLAS, TX 75201 Address: 533 E HOPKINS AVE, 3RD FLOC REP's Phone: (970) 920-1700 ASPEN, CO 81611 Referrals: ALL OTHER REFERRALS Comments Due Date: 08/12/2011 Other Referrals: Woody Creek Caucus Meetings: 1st Meeting: 2nd Meeting: Meeting Date: 09/28/2011 Review Body: bocc Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: VR Expires Date: Remarks: Plat Recorded Date: Plat (Bk, PG): 3rd Meeting: Application Type: Vested Rights - Extension/Reinstatement Parcel ID: 2643-24-4-01-003 Application Date: 6/7/11 Case No: P046-11 Description: Rosemary's Circle R Ranch East LLC/Two Mile Ranch I LLC/Two Mile Ranch II Planner: Suzanne Wolff LLC Extension of Vested Rights// Closed Due to Inactivity Since 2012 10/19/17 # Copies: 7 SW Allocated Hours: 4 Project Address: 0061 CIRCLER RD, WOODY CREEK, CO 81656 % Over Hours: 4.8 Property Owner: ROSEMARYS CIRCLE R Address: 300 CRESCENT CT, STE #1000 Owner Phone: RANCH EAST DALLAS, TX 75201 Owner's REP: SARAH OATES Address: 533 E HOPKINS AVE, 3RD FLOC REP's Phone: (970) 920-1700 ASPEN, CO 81611 REP's Email: smo@okglaw.com Referrals: ALL OTHER REFERRALS Comments Due Date: 08/12/2011 Meetings: 1st Meeting: Meeting Date: 09/28/2011 Review Body: bocc Public Hearing? no Notice Date: Meeting Notes: Other Referrals: Woody Creek Caucus 2nd Meeting: 3rd Meeting: APPLICATION MATERIAL Approvals: BOCC Resolution #: BOCC Ordinance #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: Application Type: Vested Rights - Extension/Reinstatement P&Z Determination #: HO Determination #: MEMO TO: FILE FROM: SUZANNE WOLFF DATE: 10/19/17 CASE: P046-11, ROSEMARY'S CIRCLE R RANCH EAST LLC, TWO MILE RANCH I LLC, TWO MILE RANCH II LLC EXTENSION OF VESTED RIGHTS FILE CLOSED DUE TO INACTIVITY SINCE 2012. ANNE MARIE MLPHEE WENDYC FOSTVEDT SARAH M. OATES June 7, 2011 VIA HAND -DELIVERY Suzanne Wolff, Senior Planning Pitkin County Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 Re: Rosemary's Circle R Ranch East LLC, Two Mile Ranch I LLC and Two Mile Ranch II LLC— Extension of Vested Rights Dear Suzanne: Enclosed please find an application for the extension of vested rights for the above -referenced properties, hereafter referred to as the "Circle R Ranch" or "Property." The current owners of the Property are Rosemary's Circle R Ranch, LLC (East and West), Two Mile Ranch I LLC and Two Mile Ranch II LLC ("Owners"). The Circle R Ranch original received its approvals under the name of "Two Mile Ranch." The vested rights for Circle R Ranch expire on June 13, 2011. As you are aware, the initial approvals for these parcels occurred in 2001. Circle R Ranch received approval for a total of 11 building envelopes. Circle R Ranch received approval for building envelopes for eight new residences, a building envelope for a barn and common wastewater facility, a building envelope for the historic Natal residence and other existing structures and a building envelope for a historic cabin. Below is a brief summary of the approvals to date: BOCC Resolution No. 109-2001: Circle R Ranch's original approval which approved eleven building envelopes for eight new residences, a replacement structure, a historic structure and a barn. The BOCC approved a GMQS Exemption, Special Review, 1041 Hazard Review and Conceptual Submission for the Property. Floor area for two of the parcel was obtained through GMQS Exemptions and the remaining floor area was obtained through the purchase of Transferable Development 0000�.� C7t Z� LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533E HOPKINS AVENUE ASPEN, COLORADO, 81611 WNW OKOKIAW CdA LEONARD OATES • TELEPHONE (970) 920.1700 RICHARD A KNEZEVICH FACSIMILE (970) 920.1121 TEDD GARDENSWARTZ DAVID KELLY MARIAMORROW OF COUNSEL SMO@Okglmw. JOHN KELLY STEPHEN CONNOR ANNE MARIE MLPHEE WENDYC FOSTVEDT SARAH M. OATES June 7, 2011 VIA HAND -DELIVERY Suzanne Wolff, Senior Planning Pitkin County Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 Re: Rosemary's Circle R Ranch East LLC, Two Mile Ranch I LLC and Two Mile Ranch II LLC— Extension of Vested Rights Dear Suzanne: Enclosed please find an application for the extension of vested rights for the above -referenced properties, hereafter referred to as the "Circle R Ranch" or "Property." The current owners of the Property are Rosemary's Circle R Ranch, LLC (East and West), Two Mile Ranch I LLC and Two Mile Ranch II LLC ("Owners"). The Circle R Ranch original received its approvals under the name of "Two Mile Ranch." The vested rights for Circle R Ranch expire on June 13, 2011. As you are aware, the initial approvals for these parcels occurred in 2001. Circle R Ranch received approval for a total of 11 building envelopes. Circle R Ranch received approval for building envelopes for eight new residences, a building envelope for a barn and common wastewater facility, a building envelope for the historic Natal residence and other existing structures and a building envelope for a historic cabin. Below is a brief summary of the approvals to date: BOCC Resolution No. 109-2001: Circle R Ranch's original approval which approved eleven building envelopes for eight new residences, a replacement structure, a historic structure and a barn. The BOCC approved a GMQS Exemption, Special Review, 1041 Hazard Review and Conceptual Submission for the Property. Floor area for two of the parcel was obtained through GMQS Exemptions and the remaining floor area was obtained through the purchase of Transferable Development 0000�.� C7t Z� OATES, KNEZEVICH, GARDENSWARTZ R KELLY P.C. Rosemary's Circle R Ranch, et al. — Extension of Vested Rights June 7, 2011 Page 2 Rights ("TDRs"). A schedule of the current allowable floor area and floor area that has been used on each of the parcels is attached herein as Exhibit A. BOCC Resolution No. 144-2001: At the time Resolution No. 109-2001 was approved, the Applicant for the project represented that the prior subdivision of the property into four parcels would be vacated and that the parcel would exist as one 245 acre parcel of land. Subsequent to the initial approval, the Applicant determined it was preferable for tax purposes to keep the four parcels separate. Applicant agreed to a Negative Covenant restricting the Property against further subdivision or condominiumization. • Administrative Decision No. 06-2002: The Community Development Director made an Administrative Decision to establish "activity envelopes" adjacent to each building envelope and proposed bridge locations to accommodate construction staging, relocate a portion of the utility corridor, establish a building envelope for a hydroelectric plant and reconfigure access to two of the building envelopes. • Board of Adjustment Resolution No. 02-07: The Board of Adjustment approved a variance to change the grade of the driveway in excess of the 30 -inch height restriction. • Administrative Decision No. 30-2002: The Community Development Director approved building envelopes for three separate on-site wastewater disposal systems and approved the relocation of access to Building Envelopes 6, 7 and 8. Administrative Decision No. 62-2002: The Community Development Director approved the following: additional building envelopes for on-site wastewater systems, realigned the access road to Building Envelopes 6, 7 and 8, relocated and reconfigured the activity envelope for Building Envelope 5, a temporary building envelope to allow fill and stabilization and another temporary building envelope for storage of landscape material during construction, realign the access and utility corridor near Building Envelope 9 and 10, establish a disturbance envelope for an irrigation pond and wetlands restoration, relocate an access point onto Woody Creek Road and realign an access road in the Main Village area. • Board of Adjustment Resolution No. 2003-06: The Board of Adjustment granted a fifty - foot Collector Street Setback Variance for the construction of a driveway and retaining wall. Administrative Decision No. 38-2003: The Community Development Director approved a minor amendment to establish an envelope for a 150,000 gallon water tank for fire suppression, realign a portion of the utility corridor to avoid USFS land, designate an area for placement of material excavated from construction sites on the ranch and establish an envelope for an agricultural pond. • Administrative Decision No. 06-2004: The Community Development Director approved 000002 OATEs, KNEZEVICH, GARDENSWARTZ & KELLY P.C. Rosemary's Circle R Ranch, et al. — Extension of Vested Rights June 7, 2011 Page 3 a minor amendment to revise a utility corridor, establish a retention pond, expand a building envelope to accommodate an electric transformer, establish a development envelope to construct a drainage swale, expand a building envelope to provide for a foundation drain pipe and allow a total 750 square feet of floor area to accommodate a separate pump house/water storage at each of the five well locations. Administrative Decision No. 83-2004: The Community Development Director approved a minor amendment to change the construction staging. Rather than staging the construction from a single location with multiple trailers, the Director approved a single construction trailer as needed at each individual building envelopes. BOCC Resolution No. 08-2005: The BOCC approved increases in floor area for Building Envelopes 1, 6 and 7. See Exhibit A for the current allowable floor area for each building envelope. BOCC Resolution No. 038-2005: The BOCC approved a lot line adjustment between the Circle R Ranch and the Flying Dog Ranch so that the property boundary between the two properties is the centerline of the road. Structures have been built on Building Envelopes 1, 2, 3, 4, 6, 9 and 10. No structures have been built on Building Envelopes 5, 7 and 8. There is floor area remaining on Building Envelopes 1, 4, 9 and 10. This information is contained in Exhibit A. Woody Creek runs through the entire property. The three remaining undeveloped building envelopes encroach into the 100' setback from Woody Creek. The Owner is seeking an extension of vested rights for three (3) years and is willing to consider alternative building envelopes for these parcels. The criteria for an extension of vested rights is attached herein as Exhibit B. Include in this application are the other items required in the pre -application summary: 1. Site plan and amended site plan (One — 24" x 36" and Seven — 11" x 17"); 2. Consent from the Owner (Exhibit C); 3. Proof of ownership in the form of an attorney opinion letter by Leonard M. Oates (Exhibit D); 4. A vicinity map (Exhibit E); 5. A signed Agreement to Pay form (Exhibit F); and 6. The pre -application summary sheet (Exhibit G). Please let me know if you have questions or need additional information. 000003 OATES, KNEZEVICH, GARDENSWARTZ & KELLY P.C. Rosemary's Circle R Ranch, et al. — Extension of Vested Rights June 7, 2011 Page 4 Sincerely, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. IM Enclosures Sarah A Oates CORRIDOR To: Jay Yeary Fax # From: Brian Kwekel Date: September 03 2009 RE: Remaining FAR - UPDATED Jay, attached is the remaining FAR for the ranch per my meeting with Joanna Shaffner on 9-3- 09. THIS IS SLIGHTLY DIFFERENT than my previous summary dated 94-08. The Ranch approvals run out on June 13, 2011. Any permits for new structures or additions must be submitted by this day. Building Envelope 1 = 5,850 Square feet — 550 square feet is still available - (Kelly Site) Building Envelope 2 = 0 Square feet — Can build any Agriculture Buildings — (Barn Site) Building Envelope 3 = 2,350 Square feet — No FAR is available — (Historic House/Natal Cabin) Building Envelope 4 = 4,000 Square feet —15 Square Feet is still available — (Yeary Site) Building Envelope 5 = 2,500 Square feet — All FAR is still available — (Sam's Site) Building Envelope 6 = 3,650 Square feet — No FAR is available - (Acton Site) Building Envelope 7 = 7,000 Square feet — All FAR is still available Building Envelope 8 = 3,500 Square feet — All FAR is still available Building Envelope 9 & 10 = 8,500 Square feet — Matthews used 1,615 Square Feet Grahams Size 4,250 2,635 Square feet available Building Envelope 11 = Size of Existing Structure **" 800 Square feet of FAR is available and is not assigned to any specific site. This FAR can be applied to any site the family wants. According to the county records the Ranch still has 17,000 Square Feet of FAR available for Development. This DOES NOT include agricultural buildings as these are exempt from being calculated in the FAR numbers. Per Joanna, the following items have to be completed and signed off on by the various county departments before submitting for building permits on any new structures. If these items are not completed before building permit submittal the permit submission will be rejected and if this occurs after June 13, 2011 it can not be re -submitted. 1) Obtain approval of a septic permit for the Environmental Health Department. 2) Obtain fireplace/woodstove permits from Community Development Department. 3) Obtain an access permit for each individual driveway. 4) Submit a site-specific drainage and erosion control plan for review and approval by 000005 CORRIDOR the County Engineer. 5) Submit a fugitive dust control plan for review and approval by the Environmental Health Department. 6) Submit a Construction Management Plan in accordance with the Asset Management Plan, for review and approval by the County Engineer. If you have any questions or need any additional information please call me anytime. Thank you, Brian Kwekel Corridor Design (970) 3094782 000006 Rosemary's Circle R Ranch, et al. - Extension of Vested Rights Exhibit B Page 1 of 2 Section 2-20-170(d)(1): Criteria for Extension or Reinstatement of Vest Property Rights (a): The applicant's compliance with any conditions requiring performance prior to the date of application for extension or restatement of vested rights; The applicant is in compliance with any conditions requiring performance. Following the initial 1041 approval in 2001, the applicant has been diligent about applying to Pitkin County for any deviations from the original approvals. (b): The progress made in pursing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuant the project, The applicant has completed buildings for six of the building envelopes, although some of these envelopes still have available FAR The applicant has spend considerable time and money to submit building envelopes and amendments to the original approvals to make sure any building is consistent with the approvals. (c): The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications; The applicant paid impact fees for any building permits for the existing buildings on site. As part of the original approvals, the proposed density of the project was 75% of what was allowed under the zoning at the time. The building envelopes for the individual residences and buildings were small in size in order to avoid wildlife habitat areas, geologic hazard areas, riparian areas and the 100 -year flood plan. The applicant also limited the size of the building envelopes to preserve the agricultural setting of the properties. Additionally, the applicant has preserved the historic structures on the property. (d): The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Allowing the extension will provide an opportunity for the County to readdress the issue of the building envelopes being located in the 100' floodplain. The applicant will have an opportunity to complete the additional residences which were able to be built by virtue of purchasing Transferable Development Rights. 000007 Rosemary's Circle R Ranch, et al. - Extension of Vested Rights Exhibit B Page 2 of 2 (e): The Board shall also take into consideration the length of any appeal process or litigation and the subsequent effect of a lessened vesting period for property rights. This criterion is not applicable. 000008 May 23, 2011 VIA HAND -DELIVERY Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611 To Whom It May Concern: As the Managing Member for Rosemary's Circle R Ranch, LLC (East and West), I hereby authorize Oates, Knezevich, Gardenswartz & Kelly, P.C. to represent Rosemary's Circle R Ranch, LLC in the land use approval process for an Extension of Vested Rights. Sincerely, ROSEMARY'S CHICLE R. RANCH, LLC (EAST AND WEST) By. Sam Wyly, Manager 000009 ANNE MARIE McPHEE WENDYC FOSTVEDT SARAHM OATES June 7, 2011 VIA HAND DELIVERY Pitkin County Community Development Department 130 S. Galena Aspen, CO 81611 Attn: Suzanne Wolff, Senior Planner Re: Title Certification/Two Mile Ranch I, LLC, Two Mile Ranch II, LLC and Rosemary's Circle R Ranch East, LLC Dear Suzanne: This letter is given by me as certification of ownership of certain real property which is the subject and application for extension of vested rights for the property which was the subject of resolution of the Board of County Commissioners of Pitkin County, Colorado, approving the Two Mile Ranch GMQS Exemptions, Special Review, Hazard Review, Conceptual Submission and Historic Designation pursuant to Resolution No. 109-2001, as the same may have been subsequently amended and/or supplemented. I am an attorney, actively licensed and practicing law in the State of Colorado; and, have been so engaged since 1966. My attorney registration number is 2760. I practice with the law firm of Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C. with its offices at 533 E. Hopkins Avenue, Aspen, CO 81611. I was actively engaged in the acquisition of the properties which are the subject of this certification. Although title vesting has been modified since Resolution 109-2001 and property descriptions have changed based upon Two Mile Ranch — 1041 Hazard Review Site Plan First Revision recorded in Plat Book 61 at Page 42, the principal ownership of the entities currently vested in title remains substantially the same. I hereby certify the properties encompassed within Resolution No. 109- 2001, an amended and supplemented and their current vesting is: Rosemary's Circle R Ranch East, LLC, a Colorado limited liability company is the fee simple owner of the property now described as Flying Dog Ranch, Circle R Ranch, Circle R 0000 -ILO Meavroeh HDLMOASST-D LMORP M's CircleRLUWW.If6711d. LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY SG MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR ASPEN PLAZA BUILDING 533E HOPKINS AVENUE ASPEN COLORADO, 81611 WWW OKOKIAW COM LEONARD OATES TELEPHONE (970) 920-1700 RICHARD A KNEZEVICH FACSIMILE 1 WD) 920-1121 TEDD GARDENSWARTZ DAVID R KELLY MARIA MORROW OF COUNSEL Imo@okgle corn JOHNT KELLY STEPHENR CONNOR ANNE MARIE McPHEE WENDYC FOSTVEDT SARAHM OATES June 7, 2011 VIA HAND DELIVERY Pitkin County Community Development Department 130 S. Galena Aspen, CO 81611 Attn: Suzanne Wolff, Senior Planner Re: Title Certification/Two Mile Ranch I, LLC, Two Mile Ranch II, LLC and Rosemary's Circle R Ranch East, LLC Dear Suzanne: This letter is given by me as certification of ownership of certain real property which is the subject and application for extension of vested rights for the property which was the subject of resolution of the Board of County Commissioners of Pitkin County, Colorado, approving the Two Mile Ranch GMQS Exemptions, Special Review, Hazard Review, Conceptual Submission and Historic Designation pursuant to Resolution No. 109-2001, as the same may have been subsequently amended and/or supplemented. I am an attorney, actively licensed and practicing law in the State of Colorado; and, have been so engaged since 1966. My attorney registration number is 2760. I practice with the law firm of Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C. with its offices at 533 E. Hopkins Avenue, Aspen, CO 81611. I was actively engaged in the acquisition of the properties which are the subject of this certification. Although title vesting has been modified since Resolution 109-2001 and property descriptions have changed based upon Two Mile Ranch — 1041 Hazard Review Site Plan First Revision recorded in Plat Book 61 at Page 42, the principal ownership of the entities currently vested in title remains substantially the same. I hereby certify the properties encompassed within Resolution No. 109- 2001, an amended and supplemented and their current vesting is: Rosemary's Circle R Ranch East, LLC, a Colorado limited liability company is the fee simple owner of the property now described as Flying Dog Ranch, Circle R Ranch, Circle R 0000 -ILO Meavroeh HDLMOASST-D LMORP M's CircleRLUWW.If6711d. OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW P.C. Suzanne Wolff Pitkin County Community Development Department June 7, 2011 Page 2 Ranch Parcel 1, formerly known as Natal Ranch, having Pitkin County Parcel Number 264323401001. 2. Two Mile Ranch I, LLC, a Colorado limited liability company is the fee simple owner of the property commonly known as Lot 3, Natal Ranch, in Section 24 Township 9 South Range 85 W of 6m Principal Meridian described by metes and bounds in Exhibit A attached to this letter, having Pitkin County Parcel Number 264324401003. 3. Two Mile Ranch II, LLC, a Colorado limited liability company is the fee simple owner of Lot 4, Natal Ranch situate in Section 24 Township 9 South Range 85 W of the 6'h Principal Meridian more fully described in the metes and bounds description attached hereto as Exhibit B, having Pitkin County Parcel Number 264324401004. 4. Two Mile Ranch II, LLC is the fee simple owner of Lot 2 Natal Ranch, situate in Section 23 Township 9 South Range 85 W of the 6`h Principal Meridian being more fully described by metes and bounds description contained as Exhibit C attached hereto, having Pitkin County Parcel Number 264324301002. I hereby certify that the properties above described are vested in the fee simple title holders thereof free and clear of all liens and encumbrances, except the lien for general taxes for the year 2011 payable in 2012. This Certification is made as of June 7, 2011. If you should need additional information supplementing with respect to this certification please feel free to contact me. LMO/bab 0001011 Very Truly Yours, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. Exhibit A Subdivision: NATAL RANCH Lot: 3 Section: 24 Township: 9 Range: 85 PARCEL OF LAND IN S2 SEC 24-9-85 SAID PARCEL BEING MORE PARTICULARLY DESC AS FOLLOWS COMMENCING AT THE C-51/16 CORNER OF SAID SEC 24 A3- 1/4"ALUMINUM CAP LS 19598 SET IN PLACE THE POINT OF BEGINNING TH N 89 55'03"E 657.18 FT TO THE C -S -NW 1/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH N 00 05'56"E 656.29 FT TO THE NW -SE 1/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH N 89 58'16"E 314.10 FT TO THE NE -SE 1/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH S 00 04'37"W 655.07 FT TO THE C -E -SE 1/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH S 00 24'43"W 327.76 FT TO THE C -N -SE - SE 1/256 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH S 00 05'17"W 327.84 FT TO THE C-S-SEI/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH S 89 51'51"W 1314.61 FT TO THE C -S-51/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH S 89 54'50"W 659.99 FT TO THE SE-SW1/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH N 00 11'37"E 657.33 FT TO THE C -E -SW 1/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH N 89 57'02"E 659.03 FT TO THE POINT OF BEGINNING SAID PARCEL CONT 54.474 AC M/L AKA PARCEL 3 000012 Exhibit B Subdivision: NATAL RANCH Lot: 4 Section: 24 Township: 9 Range: 85 PARCEL IN SE4 OF SEC 24-9-85 & H E S NO 210 EMBRACING A PORTION OF SEC 24-9-85 & SEC 19 & 30-9-85 SAID PARCEL BEING MORE PARTICULARLY DESC AS FOLLOWS COMMENCING AT THE SE CORNER OF SEC 24 A G L 0 BRASS CAP IN PLACE SAID POINT ALSO BEING ANGLE POINT NO 1 OF SAID H E S NO 210 THE POINT OF BEGINNING TH S 89 48'38"W ALONG THE SLY LINE OF SAID SEC 24 693.04 FT TO ANGLE POINT NO 2 OF SAID H E S NO 210 A STONE IN PLACE TH LEAVING SAID SLY LINE N 02 51'17"E 655.55 FT TO ANGLE POINT NO 3 OF SAID H E S NO 210 A STONE IN PLACE TH N 89 49'34"E 661.14 FT TO ANGLE POINT NO 4 OF SAID H E S NO 210 SAID POINT ALSO BEING A POINT ON THE ELY LINE OF SAID SEC 24 A3- 1/4" ALUMINUM CAP LS 19598 SET IN PLACE TH N 00 03'58"E ALONG THE ELY LINE OF SAID SEC 24 327.23 FT TO THEN 5-51/256 CORNER OF SEC 24 & SEC 19 A REBAR & CAP LS 19598 SET IN PLACE TH LEAVING SAID ELY SEC LINE S 89 52'18"W 659.16 FT TO THE C-N-SE-SE1/256 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH N 00 24'43"E 327.76 FT TO THE C-E-SE1/64 CORNER OF SAID SEC 24 A REBAR & CAP LS 19598 SET IN PLACE TH N 89 55'03"E 657.18 FT TO THE S1/16 CORNER OF SAID SEC 24 & SEC 19 A 3-1/4" ALUMINUM CAP LS 19598 SET IN PLACE TH S 00 03'58"W ALONG THE ELY LINE OF SAID SEC 24 78.61 FT TO ANGLE POINT NO 5 OF SAID H E S NO 210 A STONE IN PLACE TH S 89 48'22"E 112.67 FT TO ANGLE POINT NO 6 OF SAID H E S NO 210 A STONE IN PLACE TH S 4105'51"E 1413.43 FT TO ANGLE POINT NO 7 OF SAID H E S NO 210 A STONE IN PLACE TH S 31 AKA PARCEL 4 000013 Exhibit C Subdivision: NATAL RANCH Lot: 2 Section: 23 Township: 9 Range: 85 PARCEL OF LAND IN LOTS 15 & 16 OF SEC 23 & THE S4 OF SEC 24-9-85 SAID PARCEL BEING MORE PARTICULARY DESC AS FOLLOWS COMMENCING AT THE E4 CORNER OF SAID SEC 23 A STONE IN PLACE THE POINT OF BEGINNING TH 89 58'32" E 1314.20 FT TO THE C -W 1/16 CORNER OF SEC 24 A 3-1/4" ALUMINUM CAP LS 19598 IN PLACE TH 00 16'39" W 657.76 FT TO THE C -N -SW 1/64 CORNER OF SEC 24 A REBAR & CAP LS 19598 IN PLACE TH 89 59'15" 1316.13 FT TO THE C -N -S1/64 CORNER OF SEC 24 A REBAR & CAP LS 19598 IN PLACE TH 00 06'36"W 656.91 FT TO THE C-51/16 CORNER OF SEC 24 A 3-1/4 ALUMINUM CAP LS 19598 IN PLACE TH 89 57'02"W 659.03 FT TO THE C-E-SW1/64 CORNER OF SEC 24 A REBAR & CAP LS 19598 IN PLACE TH N 00 21'40"E 658.19 FT TO THE NW-SW1/64 CORNER &A REBAR & CAP LS 19598 IN PLACE TH 89 59'15"W 658.06 FT TO THE N-SI/64 CORNER A REBAR & CAP LS 19598 IN PLACE TH 00 26'40"W 658.60 FT TO THE S1/16 CORNER OF SECTION 23 & SEC 24 A 3-1/4" ALUMINUM CAP LS 19598 IN PLACE SAID POINT ALSO BEING THE SE CORNER OF GOVT LOT 15 OF SEC 23 TH N 89 20'40"W ALONG THE SLY LINE OF SAID GOVT LOT 15 838.22 FT TO THE NE CORNER OF THAT PROPERTY QUIT CLAIM TO NATAL BK 210 PG 488 (WH A REBAR & TRI -CO CAP BEARS N33 01'25"E 5.22 FT) SAID POINT ALSO BEING ON THE NORTHERLY LINE OF STAR MOUNTAIN RANCH TRACTS TH 36 08'44"W ALONG THE SE LINE OF SAID QUIT CLAIM ALSO BEING ALONG THE NLY LINE OF SAID STAR MOUNTAIN RANCH TR 391.12 FT TO A REBAR & CAP LS 19598 IN PLACE TH CONTINUING ALONG SAID NLY LINE S39 27'43"W 316.43 FT TH LEAVING SAID NLY LINE OF SAID STAR MOUNTAIN ia ffm �M' •m }. • W PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Rosemary Circle R Ranch. LLC (East and West) (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Extension of Vested Rights (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pltkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $1648.00 which is based on 4 hours of staff time, and If actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director 000016 APPLICANT Rosemary Circle R Ranch. LLC (East and West) Print Name By: Sam Wyly, Manager Date: slipa3/1 f Mailing Address: Go Kristin Yearv. P.O. Box 275, Woody Creek, CO 81656 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 DATE: 3/23/11 E-MAIL: suzannew(cilco.gitkin.co.us LOCATION: Woody Creek Road ZONE: RS -20 PARCEL ID #s: 264323401001, 264323401002, 264324401003, 264324401004 OWNERIAPPLICANT: Rosemary's Circle R Ranch East LLC, Two Mile Ranch I LLC, Two Mile Ranch II LLC REPRESENTATIVE: Sarah Oates EMAIL: smo@okglaw.com Type of Application: Extension of Vested Rights Description of ProjectlDevelopment: The BOCC granted approval to develop eight new residences and to install infrastructure for the development, pursuant to Resolution No. 109-2001. The vested rights expire on June 13, 2011. The original approval has been amended multiple times, via Administrative Decision Nos. 06-2002, 30- 2002, 62-2002, 38-2003, 06-2004 and 83-2004, and BOCC Resolution Nos. 1442001 and 08-2005. The approvals establish building and development envelopes and specify the allowable floor area for each house site and the entire development (total of 38,150 sf of floor area). Five of the eight residences have been constructed. Some of the developed envelopes have floor area remaining. The three undeveloped envelopes encroach into the 100' setback from Woody Creek. Several of the developed sites that still have floor area available are also within the 100' setback. Land Use Code Sections to address in letter of request/application: ➢ 2-20-170(d), Extension of Vested Rights Review by: BOCC Public Hearing? NO. Staff will refer to: Woody Creek Caucus FEES: $1,648 (make check payable to "Pitkin County Treasurer") ➢ $1,248 Planning flat fee (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $312/hour) ➢ $375 Clerk ➢ $25 Web Technology Fee To apply, submit 7 copies 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. Approved 1041 Hazard Review Site Plan (1 copy @ 24" x 36"; 7 copies @ 11" x 17") 3. Consent from the owners of the property for the representative to process the application and represent the owners (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 addresses and parcel descriptions, including legal descriptions, and 8-1/2"x 11" vicinity map locating the subject properties within Pitkin County; 000017 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form attached); 7. This Pre -Application Conference Summary Sheet. NOTES: ➢ PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPIES OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000018 1 1" 1 A PARCEL OF LAND IN SECTION 23 & THE COUNTY OF P 0Y1N"1,w,IbCoCi rY.1. ,pLrYnRd7 riKaLyWQMsOlI, IMoveo. Al"»[O,:IbBQni0I fNLLgoCILMl� n�NIn »KYw» 48f I rinw tawe, 1041 ENVIRONMENTAL HAZARD REVIEW AREAS EXIST THAT *4GHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY T8EKOF. J of a\ OF SECTION 24, T 9 S, R 85 W OF THE: 6TH PM STATE OF COLORADO SHEET 1 OF 5 M MIL i I. LLC 1 -.: CRAMC SCAB I YY�x»A nnKerr amo,:.rlb r+ lKMIMI V m:Wr„r» 1. 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Galena Street Aspen, Colorado 81611 PHONE# (970) 920-5526/FAX# (970) 920-5439 June 10, 2011 Sarah Oates 533 East Hopkins Avenue, 3d FI Aspen, CO 81611 smona.okelaw.com Re: Rosemary's Circle R Ranch East LLC/Two Mile Ranch I LLC/Two Mile Ranch II LLC Extension of Vested Rights (Pll)#2643-234-01-001, 2643-234-01-002, 2643-244-01-003, & 2643-244-01-004; CASE# P046-11) I�i.a u fir• The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review by the Board of County Commissioners on Wednesday, August 24, 2011, at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. 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 questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093 Sincerely, BONNIE WAECHTLER ADMINISTRATIVEASSISTANT TO PLANNING AND ZONING Pitkin County 130 South Galena 3rd Fl Aspen, Co 81611 970-920-5109 bonnie.waechtler@co.pitkin.co.us Pn7IUN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920.5526 FAX (970) 920-5439 MEMORANDUM TO: Woody Creek Caucus FROM: Suzanne Wolff, Community Development Department Suzan ne.wolff(&co.pitki n.co. us RE: Rosemary's Circle R Ranch East LLC/Two Mile Ranch I LLC/Two Mile Ranch II LLC Extension of Vested Rights (CASE P046-11; PID 2643-234-01-001, 2643-234-01-002, 2643-244-01-003, & 2643- 244-01-004) DATE: June 10, 2011 Attached for your review are materials for an application submitted by Rosemary's Circle R Ranch East LLC, Two Mile Ranch I LLC, and Two Mile Ranch II LLC. The Board of County Commissioners will review the application on Wednesday, August 24, 2011. Please return your comments to me by Friday, August 12, 2011. http://www asi)enpitkin com/Portals/0/docs/county/Com%2ODev/Planning/Land Use Applications/PO 46 11 app.Pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtlerCdco.pitkin.co.us or 920-5109. Thankyou. BONNIE WAECHTLER ADM/NrsTRAT/VEASS/STANT TO PLANN/NG AND ZONING Pitkin County 130 South Galena 3rd Fl Aspen, Co 81611 970-920-5109 bonnie.waechtler@co.pitkin.co.us PITKIN IOUNTY COMMUNITY DEVELI&MENT Permit Receipt RECEIPT NUMBER 00030994 Name: Oates Knezevich Gardenswartz K Date:6/7/2011 Project Address: 0061 CIRCLE R RD Type: Permit Number 0046.2011.PLAN 0046.2011.PLAN 0046.2011.PLAN check # 14794 Fee Description Amount PP- Flat Fee 1,248.00 PP- Clerk Fee 375.00 PP- Clerk Tech Fee 25.00 Total: 1,648.00 PLATS