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HomeMy WebLinkAboutpitkin.planning.264322400010 (2)EWA 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- 22 -4 -00 -010 Application Date: 7/27/11 Case No: P063 -11 Planner: Mike Kraemer Description: Aspen Kiwi Properties LLC Site Plan Review # Copies. 1 Allocated Hours: 5 % Over Hours 6 Project Address: 875 STAR MESA DR, ASPEN, CO 81611 Property Owner: ASPEN KIWI PROPERTIES LLC Address. 875 STAR MESA DR Owner Phone: ASPEN, CO 81611 Owner's REP: JANVER DERRINGTON Address: 610 E HYMAN AVE REP's Phone: (970) 925 -5590 ASPEN, CO 81611 REP's Email: janverd @cunniffe.com Referrals: FIRE DEPT - ASPEN Other Referrals: Star Mesa HOA None ALL OTHER REFERRALS Comments Due Date: 09/2812011 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 08/28/2011 Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination # Admin Determination #: 084 -2011 #583441 Other Information: VRApproval Date: 10/07/2011 Plat Recorded Date: 11/01/2011 VR Expires Date: 10/07/2014 Plat (Bk, PG): B98 P65 #584017 Remarks: Application Type: Site Plan RECEPTION #: 583441,10/12/2011 at 10:52:05 AM, 1 OF 5, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITHIN COUNTY, COLORADO, GRANTING THE ASPEN IQWI PROPERTIES LLC SITE PLAN APPROVAL Administrative Decision Nogg -2011 RECITALS 1. Aspen Kiwi Properties LLC hereafter referred to as "Applicant") has applied to the Community Development Director of Pitkin County ( "Director") for Site Plan approval for construction of an exempt agricultural "barn". The "barn" has been proposed east of the existing residence. 2. The Lot is zoned RS -20, contains approximately 42 acres, and is conforming is size. The Lot is located at 875 Star Mesa Road and is commonly referred to as the Rondelay parcel. PED #: 264322400010. Legal Description, Attachment A. 3. Protective Covenants for the Subdivision were recorded at Book523 Pages 808 -851. The Lot is subject to a Settlement Agreement (Rec. No. 468382) that exempts the parcel from GMQS up 15,000 square feet of floor area. 1041 Hazard Review and Scenic Review for an addition to the single family residence and an increase in floor area for the existing CDU were approved pursuant to Administrative Decision No. 73 -2006 (Reception No. 527401). 5. The affidavit of public notice was mailed on August 8, 2011 to adjacent property owners. Public notice was published in the Aspen Times on August 28'", 2011. No objections were received within 30 days. 6. The Director finds the proposed "barn" has been located within a previously approved envelope and that there are no constraints associated with the proposed building site. The Director further finds that the proposed "barn" will not be seen from both Hwy 82 and McLain Flats Road, both designated scenic corridors as defined by Section 7- 20- 120(d) of the Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. Prior to submission of any future building permit applications, the Applicants shall be required to submit for approval by the County Attorney and Community Development a Site Plan that illustrates the Activity Envelope and all development within that 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. 3. No structural development shall occur within the septic envelope. 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 shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. Page 1 of 4 4. Prior to issuance of a building permit for the "barn", the Applicant shall record an agricultural covenant in accordance to Section 6 -30 -140 of the Land Use Code. 5. The Applicant shall adhere to the following low wildfire standards for the new "barn": A. Landscaping and defensible space: 1) Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty-foot (30') perimeter around a structure built on flat ground. 3) Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty -foot (30') perimeter shall be pruned to a height of ten (10') feet above the ground with removal of ladder fuels from around trees and brush. 5) Tree crown separation within the thirty-foot (30') perimeter shall have a minimum of ten feet (10') between the edges of the crowns, except for mature stands of Aspen trees where ladder fuels have been removed. In areas of Aspen regeneration, the spacing guidelines of 3 above shall be followed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a one - hundred (100') perimeter shall be reduced where natural reduction has not already occurred. 8) All deadfall within 100 feet of the structure shall be removed. 9) The Applicants shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. The Applicants shall comply with the following structural design and construction options: 1) The roof shall be constructed with a Class A roof covering or a Class A assembly as defined by the 2009 IRC. 2) Wood shake /shingle roof coverings are prohibited. 3) Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless they comply with the following: a) All roof coverings shall be non - combustible Class A materials as defined in the Uniform Building Code 1997 Section 1504 and installed on a Class A assembly. b) All roof designs shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. e) All roof signs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. f) Vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth inch (1/4 ") maximum. C. Maintenance: 1) Roofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. Page 2 of 4 914-2011 3) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15') from any structure. 4) Weeds and grasses within the ten -foot (10') perimeter shall be maintained to a height not more than six inches (6 "). D. Miscellaneous: 1) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15') away from the structure. 2) Swimming pools shall be accessible by the Fire Departments. 3) Fences shall be kept clear of brush and debris. 4) Wood fences shall not connect to a structure. 5) Any outbuildings or additional structures shall adhere to the same standards as structures. 6) Fuel tanks shall be installed underground with an approved container. 7) Propane tanks shall be installed according to NFFA 48 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. 8) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 9) Addresses shall be clearly marked with two -inch (2 ") 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. 10) All structures greater than 5,000 square feet in size shall be required to install in -house sprinkler systems that meet the standards of the Aspen Fire Department. 6. Development must comply with all terns and conditions of the Aspen Fire Protection District. 7. Applicable road and employee housing impact fees must be paid at building permit. 8. No development shall occur outside the approved building envelope. 9. Prior to commencement of construction activity, the Applicant shall stake the corners of the envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 10. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. 11. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on October, —7 1201+ 12. 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. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, Page 3 of 4 20I or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the F-_? day of ( jpW , 2011. APPROVED by the Director, this day of 0 c L 2011. C d Houben Community Development Director PID# 264322400010 P063 -11 Page 4 of 4 Z011 Attachment A Legal Description Section: 22 Township: 9 Range: 85 RONDELAY PARCEL STAR MESA LAND IN LOTS 11 & 17 OF SEC 22 -9 -85 ALSO LOT 19 OF SEC 23 -9 -85 CONT40.252 AC M/L BK 527 PG 211 BK 582 PG 553 CHARLES CUNNIFFE ARCHITECTS 610 E. HYMAN AVENUE, ASPEN, CO 81611 970/925 -5590 PHONE 970/925 -5076 FAX ARCHITECTURE PLANNING INTERIORS LETTER OF TRANSMITTAL TO: ( i1 I/ xw /n ei 1 1 e-r- FROM: IcJ,a4V"- COMPANY: .F( *,N l�Gx1N 2�I �I�cl4N ` DATE7 TELEPHONE� © _ 5 Z JOB #: t L ADDRESS: I 5- l5ia(lzm Ar5fw , Co et( '911 PROJECT: 5+- ,r-Me. Barn REGARDING: S� -�a PIatA F?jr-U(euW WE ARE SENDING YOU: P Attached • Shop drawings ❑ Prints • Copy of Letter ❑ Change order Via: kazici cS-� the following items: ❑ Originals ❑ Computer Disc(s)0 Samples ❑ Other: ❑ Specifications DESCRIPTION: I p1 ���.dl r.01/� Pack—&— ' THESE ARE TRANSMITTED as checked below: M'For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted 0 As requested ❑ Returned for corrections ❑ For review & comment ❑ Prints returned after loan to us REMARKS: COPY TO: • Resubmit copies for approval • Submit copies for distribution • Return corrected prints 0.000,1 0� a lD CHARLES CUNNIFFE ARCHITECTS July 20, 2011 Mike Kraemer Planner Pitkin County Community Development 130 S. Galena Street Aspen, CO 81611 Re: Site Plan Review Barn for Agricultural Use 875 Star Mesa Road Pitkin County, Colorado Parcel I.D. #264322400010 Dear Mike: Pursuant to our recent Pre - Application Conference, we are submitting this Application for Administration Decision regarding the referenced project. The property, known as the "Rondeloy Parcel ", Lot 6, Star Mesa Subdivision, contains 40.25 acres. Thus, with the allowance of 58 sq. ft. per acre, a barn on this property may contain 2,334.5 sq. ft. of floor area as defined in the Pitkin County Land Use Code. The existing 15,000 sq. ft. residence previously received a 1041 Hazard and Scenic Review Approval, Administrative Decision No. 73 -2006, appended hereto as Exhibit A. The residence is currently being remodeled under Building Permit No. 0013.201 I.PRBK, appended hereto as Exhibit B. The proposed barn will be proximate to, but detached from, the residence, as shown on the proposed site plan, appended hereto as Exhibit C. In reference to Land Use Code Section 2 -20 -10 (e): Prohibition of Commercial Agricultural Activities; the proposed barn is intended for use as stables for 4 horses and storage of farm machinery, such as a tractor, haying equipment, etc. It is not intended for any commercial agricultural activity. The protective covenants for Star Mesa Subdivision allow for such use and a portion thereof is appended hereto as Exhibit D. In reference to Land Use Code Section 7 -20 -120 (d): Standards for Scenic View Protection; the existing residence remodeling and additions was reviewed for Ridgeline Review by Lance Clarke and yourself on April 11, 2011, and found to not add to the visibility from State Highway 82 or McLain Flats Road. Please refer to your letter dated April 15, 2011, and appended hereto as Exhibit F. The proposed barn will be located east of the existing /remodeled residence, which is on the side away from both scenic corridors. Thus, it will be screened from view. Please refer to the site profile /elevation drawing appended hereto as Exhibit G. There will be an extensive amount of planting for both the residence and the proposed barn, which will further screen these structures from view. Please refer to the proposed Site Plan appended hereto as Exhibit C. Berms will not be used as screening devices and the only earthmoving proposed will be to level a portion of the Activity Envelope for the barn building site. Natural vegetation will be preserved to the maximum extent practicable and re- vegetation of disturbed areas will utilize native species that 610 East Hyman Avenue Aspen, Colorado 81611 let 970 925 5590 law 970 925 5076 • w mmeniHe cum Clrllrs L CunmRe AA IPrlrupall J.,,., C Oornnflen AI41PnnnFl 11 — Gu11nV Benin, Ple,rl Archn.rll GeMra, Ln61e, fl A (S-1., Prnlerl Amhn¢lll 0 l4(12- , are on or near the site. Irrigation will also be provided, which is supplied by an irrigation ditch on the east boundary of Lot 6 which the Star Mesa HOA has water rights to. The proposed barn exterior materials will generally match the existing /remodeled residence. The walls will be natural stone and cedar siding with earth tone stain. The roof will be synthetic slate in variegated earth tones with dark bronze /non - reflective metal eaves. Please refer to the floor plan and elevations appended hereto as Exhibit H. The existing driveways on this property will be preserved except for the area around the proposed barn and adjacent to the east side of the existing /remodeled residence. Please refer to the Site Plan, Exhibit C. In reference to Land Use Code Section 7 -20 -130: Landscaping and Vegetation Protection; the natural vegetation will be preserved to the maximum extent practicable and any installed landscaping will utilize native plant species naturally occurring on or near the site, as stated previously. Please refer to Exhibit C appended hereto. The previously approved 1041 Hazard Review will not be affected by the proposed barn and related landscaping. The existing residence and proposed barn are in the middle of a meadow, which is mostly vegetated with native grasses. The proposed addition of Spruce, Aspen, and various other plant materials will comply with Wildfire Mitigation Standards for "A -Low Hazard: Trees and Grass ". As stated previously, no berms are intended as part of this landscape design. No landscaping will be used to mark or enclose the Activity Envelope. All utilities have previously been installed underground and no new trees will be planted in locations that will interfere with their proper functioning. Site drainage plan and detail sheets have been appended hereto as Exhibit I. There are no satellite dishes or other telecommunication devices intended with this application which would require screening. Trees and shrubs will be clustered in a natural appearing way and will not be placed in regularly spaced lines or rows. All landscape plant materials will be installed and maintained by a professional landscape contractor, and dead or unhealthy plants will be replaced. If required, financial security in a form acceptable to the County Attorney will be provided to ensure completion of installation and successful establishment of all plant materials. Lighting Fixture Summary: As stated and demonstrated above, the proposed barn is not viewable from the adjacent scenic corridors. Lighting on the exterior of the structure will be in compliance with the Lighting Standards in Section 7 -20 -140 of the County Land Use Code. A Civil Engineering Report is appended hereto as Exhibit J. This will address road design, water supply, wastewater disposal and other utilities and public services. With this application, we are also submitting the following required documents (1 copy u.n.o): • Proof of Ownership as a Warranty Deed (Exhibit K) • Vicinity Map (Shown on Site Plan, Exhibit C) • Consent from Owner and authorizing representative to process application (Exhibit L) • Signed Fee Agreement (Exhibit M) • Total Fee for review of the application r. 0 °Ju • List of all property and mineral estate owners within 300 ft. of the subject property • Copy of the pre -app form We believe this constitutes a complete Application and respectfully request an Administrative Review at the earliest opportunity. Please advise us if any further documentation is required. Thank you in advance for your cooperation. q Sin rely, // AMMn l.� Ja er C. Derrington, Al Pri cipal A tachments J1il..Jv PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY LOCATION: 875 Star Mesa Road - Rondelay Parcel P1D #: 264322400010 ZONING: RS -20 SIZE: 41.7 acres OWNER: Aspen Kiwi Properties LLC REPRESENTATIVE: Janver Derrington EMAIL and PHONE: janverdCacunniffe.com 925 -5590 DATE: June 3, 2011 PLANNER: Mike Kraemer, 920.5482 Type of Application: Site Plan Review. Description of Project/Development: The Applicant is requesting site plan approval to construct a "barn" for the purpose of providing support to an agricultural operation on a parcel that contains an existing 15,000 square foot residence. The Applicant has indicated that the "bam" will be located within a previously approved Activity Envelope. Land Use Code Sections to be addressed in letter of request (application): Sec. 2- 20- 10(e): Prohibition of Commercial Agricultural Activities Sec. 7- 10 -50: Site Plan; Sec. 7- 20- 120(d): Standards for Scenic View Protection Areas; Sec. 7 -20 -130: Landscaping and vegetation Protection. Staff will refer the application to the following agencies: Aspen Fire Protection District and Star Mesa HOA. Review by: Community Development Director. Public Hearing: No. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $1,639 (make check payable to "Pitkin County Treasurer ") • Planning Office flat fee: $1,560 (non - refundable; based on 5 hours of staff time; if staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312/hour) • Public Notice Fee: $54 • Web Technology Fee: $25 To apply, submit lcopv of the following information, unless noted otherwise: I . Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. 24" by 36" and 1 I" by 17" Site Plan as designated in 2.1.12 of the Pitkin County Land Use Application Manual; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 4. Detail of the agricultural operation that exists on the parcel. If none exists, the Applicant shall detail the proposed agricultural operation and provide plans as to how the "barn" will be used to support such operation. 5. Previous Land Use Approvals (if applicable); 6. Proof of ownership of subject property; 7. Parcel description, including legal description and vicinity map; 8. Total fee for review of the application; 9. Signed fee agreement (1 copy); ., 1 . °' r JUr 2.J,' K 10. Consent from owner(s) to process application and authorizing the representative (1 copy) 11. List of all property and mineral estate owners within 300' of the subject property(1 copy) 12. Copies of this pre -app form NOTES 'v PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLI CATION. PLEASE SUBMIT TIi O -SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. )w ALL MAPS SHALL BE FOLDED Y- 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 maybe required upon a complete review of the application ➢ The Pukm County Land Use Code and Application Manual is available on -line at Into. wrrw.aspemookin.eom depts Zblannin2 e m UJl'Jv EXHIBIT A (10 pages) ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITIQN COUNTY, COLORADO, GRANTING 1041 HAZARD AND SCENIC REVIEW APPROVAL FOR THE MFPI PARTNERS LLC PROPERTY LOCATED AT LOT 6 OF THE BOCC APPROVED STAR MESA SUBDIVISION Administrative Decision No—Z-2006 RECITALS 1. MFPI (hereafter referred to as "Applicant') has applied to the Community Development Director of Pitkin County ( "Director ") for 1041 Hazard and Scenic Review approval for an addition to the existing residence, landscaping, driveway realignment, and an increase in floor area for a CDU 2. The Lot is zoned RS -20, contains approximately 42 acres, and is conforming is size. The Lot is located at 875 Star Mesa Road; PID #: 2643 224 - - 010 3. Protective Covenants for the Subdivision were recorded at Book523 Pages 808 -851. The Lot is subject to a Settlement Agreement (Rec. No. 468382) that exempts the parcel from GMQS up 15,000 square feet of floor area. 4. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 5. The affidavit of public notice was mailed on March 20 2006 to adjacent property owners. No comments were received within 30 days. 6. The Director finds this request is consistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. The Applicant shall re- record the CDU deed restriction with the Housing Office prior to Certificate of Occupancy. J , 3. The Applicant shall comply with the elevation rendering and representations made in the Ridgeline Review portion of the Application. Representations can be viewed in the memo to the Planning Director. 4. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan in accordance with Land Use Code Section 5 -70 -040. The above referenced approvals shall be a condition precedent to finalization and recordation. 3. No structural development shall occur within the septic envelope. 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 shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 4. An erosion control and drainage plan shall be submitted to and approved by the Planning Engineer prior to submittal of building plans. 5. The Applicant shall adhere to the following low wildfire standards outlined in Section 3 -80 -070 (A)(3)(b) of the Code: »�� � IIIIIIIV�IIIIII !IV�IIIm!IV9'IIIV':= ' ": °'.:,. A. Landscaping and defensible space: 1) Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty-foot (30') perimeter around a structure built on flat ground. 3) Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty-foot (30') perimeter shall be pruned to a height of ten (10') feet above the ground with removal of ladder fuels from around trees and brush. 5) Tree crown separation within the thirty-foot (30') perimeter shall have a minimum of ten feet (10') between the edges of the crowns, except for mature stands of Aspen trees where ladder fuels have been removed. In areas of Aspen regeneration, the spacing guidelines of 3 above shall be followed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a one - hundred (100') perimeter shall be reduced where natural reduction has not already occurred. 8) All deadfall within 100 feet of the structure shall be removed. 9) The Applicants shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. The Applicants shall comply with the following structural design and construction options: 1) The roof shall be constructed with a Class A roof covering or a Class A assembly as defined by the UBC. 2) Wood shake /shingle roof coverings are prohibited in all wildfire hazard areas. 3) Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless they comply with the following: a) All roof coverings shall be non- combustible Class A materials as defined in the Uniform Building Code 1997 Section 1504 and installed on a Class A assembly. b) All roof designs shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. e) All roof signs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 1 , f) Vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth inch (1/4 ") maximum. C. Maintenance: 1) Roofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. 3) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15') from any structure. 4) Weeds and grasses within the ten -foot (10') perimeter shall be maintained to a height not more than six inches (6 "). D. Miscellaneous: 1) Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15') away from the structure. 2) Swimming pools shall be accessible by the Fire Departments. 3) Fences shall be kept clear of brush and debris. 4) Wood fences shall not connect to a structure. 5) Any outbuildings or additional structures shall adhere to the same standards as structures. 6) Fuel tanks shall be installed underground with an approved container. � �'� $ III II II lIII IIII �� IIII I I I III 5 qe: 2 o 7) Propane tanks shall be installed according to NFFA 48 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. 8) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 9) Addresses shall be clearly marked with two -inch (2 ") 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. 10) All structures greater than 5,000 square feet in size shall be required to install in -house sprinkler systems that meet the standards of the Aspen Fire Department. 6. Development must comply with all terns and conditions of the Aspen Fire Protection District. 7. Applicant shall comply with the requirements of BOCC Ordinance # 010 -2001, "Establishing Regulations and Standards Regarding the Protection of Wildlife," in connection with disposal of refuse on the property. 8. Applicable road and employee housing impact fees must be paid at building permit. 9. No development shall occur outside the approved building envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 10. The access drive shall be built to current County Standards, as described in the Pitkin County Asset Management Plan. The driveway layout shall be staked in the field and reviewed and approved by the County Engineer, prior to commencement of construction. 11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein stlall expire on August 2009. 14. 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. 4 15. 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. PUBLISHED AFTER AD9PTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 4 day of 006. APPROVED by the Directo , is �� day of �, 2006. ;4 (.'* fQ. 0 psi � C' d Houben Community Development Director PID# 2643- 224 -00 -010 PO45`06 I A 1 11 1 1 I I II IIIIIIIIII I L III VIIIIIIIIIIIll Y lllll IIII IIII 08/11/2 2:21{ of 10 7 R 0.00 D 0.00 S 4 4 ``;; C' l f a i v , # �- . l e i r Ipj ) v �� ll �nr n' v , # �- Ipj ll �nr n' . f $y / A4 . .,r to 00 �I3 S ao �2 aC om Z c� m r 8 � f 9, � c2 z2 o� �m �n N H ^ o► m y 000012 m a 3 m N x 0 0 0 x t 3 v 2 O O Z N m N � 8 B N mm Ln a a m m � o � u r z � c � z a - J J �Q N O � � a 000012 m a 3 m N x 0 0 0 x t 3 v 2 O O Z � /�� ƒ� � ? \� � � � � � \ �� � ! . ..\� � . � t :� � . ° -� � � / . \ . f \ \ � \� \� �� � � - - -- - . :— � ƒ. ���� / »d 2 . j � : � ? 2{ � � � � . `� \ � � .»� � � / � ��� ^ © =- � �� ,\ J �� \ � \ .� \. \�=ƒ § � :� ` � /3 - , . a2 �� �� \� /� - 2£��. \ � . � � \ \� \ . _ .� �� \ 2% � : \: , -/ \ .�� . -a � .d{ // °\� «\ / »� � /�� ƒ� � ? \� � � . _ \� � � � \� �� � ! . ..\� � . � � � :� � . ° -� � � / � . � . \ d� � . \� < / ©���� \�\ � - - -- - . :— � ƒ. ���� / »d . ���� ? \ \� � \� \ \ � \ � � ) . � � ��\ .»� � � / � ��� ^ © =- \ • \`� � \� . > /� : \ \ � \ .� \ .� cy,c— V 3 �yy Z. rn ; .. ;y ov m N. Z m N m W N � N LO a m m ■� e z o U � y � H n J J 0 °K 3 n Q) zo v2 z2 o� �m ril �a N � Z t0 o y " J11­611 A �-a y y �o m r cZ b 'zm � A A o" r ti my y 'i rn m n ° z i c c c. z x s, a� F�� \d: % « \ � ƒ\/ 2 » \ \j yi£« y v� 77 1 < �l Soil - - -- 0 IIIIIIIF' ]Illlh r • _ ' ■Illlllllilllll O e a +s� � C 4'•s llllllllllllllllllllh�1111111111111111= ``,f• •� +i EXHIBIT B PITKIN COUNTY PERMIT # 0013.2011.PRBK OWNER: ASPEN KIWI PROPERTIES LLC CONTRACTOR: CONSTRUCTION SERVICES COMPANY STREET ADDRESS: 875 STAR MESA DR ASPEN CO 81611 USE CLASSIFICATION: USE ZONE: RS20 OCCUPANCY GROUP: IRC OCCUPANT LOAD: DATE ISSUED: TYPE OF CONSTRUCTION: VB COMMENTS: THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN ONE YEAR, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. THIS CARD MUST BE POSTED SO IT IS PLAINLY VISIBLE FROM THE STREET. FAILURE OF PERMI7TEE TO CALL FOR INSPECTION AS PROVIDED BY ORDINANCE PENALTY. S MAY RESULT DV 1NSPECTIONSREQUESTED BY AM WILL BE DONE THAT DA Y,- REQ UESTF AFTER 7 AM WILL BE DONE THE NEXT DAY. ALLOW THE WHOLEDAY FOR INSPECTION TO BE MADE BWSPECTIONLINR (970) 920 -5531 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT (970) 920 -5526 EXHIBIT '. J ign MOUNTAIN CROSS June 17, 2011 " %�Jf ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN Mr. Janver Derrington Charles Cunniffe Architects 610 East Hyman Avenue Aspen, CO 81611 RE: Civil Engineering Report for 875 Star Mesa Drive Dear Janver: The purpose of this correspondence is to address the barn construction proposed at 875 Star Mesa Drive concerning the engineering requirements of the Pitkin County Land Use Application Manual (Manual). In Section 2.1.12 a Civil Engineering Report is required and this correspondence is intended to satisfy those requirements. Per the Manual, the report shall address road design, water supply, wastewater disposal and other utilities and public services per the standards of applicable sections of the Pitkin County Land Use Code (Code). These items are addressed as follows: 7 -30: Roads Driveways and Parking: The driveway access is existing onto Star Mesa Road. No new access is proposed. The proposed barn will use the existing driveway alignment and grades until immediately adjacent to the new structure. There the driveway has been enlarged to incorporate two fire -truck turnarounds that satisfy the requirements of the Fire District. See the architectural Site Plan. 7- 50 -10: Logical Extension of Utilities . No extension of utility main line services is proposed with the project. The proposed barn will use the existing connections to the property for power, telephone, cable television, and natural gas. 7- 50 -20: Water Supply and Distribution Systems The proposed bam will connect to the existing water system provided by an existing, on -site private well managed by the Star Mesa Homeowners Association. 7- 50 -30: Sewage Treatment and Collection The project will treat wastewater by means of the existing individual sewage disposal system (ISDS). The ISDS is to be retrofitted with a dosing tank to accommodate wastewater flows from both the residence and barn. The design was prepared by this office and was approved by Pitkin County Environmental Health. See the "ISDS- Dosing" drawing. Thank you for the opportunity to I Sincerely, Mount* Cross En in eri ,Inc. Chris Hale, PE �'tl l,�l1 1_$ Irovide this report. Feel_b[K to call if you have any questions �T 3� m kill 826 1/2 Grand Avenue a Glenwood Springs, CO 81601 PH: 970.945.5544 a FAX: 970.945.5558 a www.mountaincross - eng.com EXHIBIT K RECEPTION #: 577667,02/15/2011 at 5 PAGEy 02:17:27 PM, 1 OF 3, R $21.00 DF $1600.00 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO Z• W 9 b WARRANTY DEED THIS DEED, is dated the 15th day of February, 2011, and is made between MFPI Partners, LLC, a Delaware limited liability company the "Grantor," of the County of Denver and State of Colorado, and Aspen Kiwi Properties LLC, a Delaware limited liability company the "Grantee," whose legal address is: c/o Bill Gully, Level 22, Vero Centre, 48 Shortland St., Auckland 1010, New Zealand State Doc Tee: $1,600.00 WITNESS, that the Grantor, for and in consideration of the sum of the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with improvements thereon, located in the County of Pitkin and State of Colorado described as follows: "PARCEL ONE ": FEE: Township 9 South, Range 85 West of the Sixth Principal Meridian lying Easterly of We Salvation Ditch of said parcel of land is described as follows: BEGINNING AT A POINT whence the Section Corner common to Section 15, 16, 21 and 22 in said Township and Range bears North 56 °54'28 "" West 6662.50 feet; thence South 1145.62 feet; thence North 89 °24'19 "" West 1476.55 feet to said ditch; thence North 11 °17'40 "" West 90.40 feet along said ditch; thence North 02 ° 5524 "" East 72.03 feet along said ditch; thence North 19 °22'38 "" East 65.42 feet along said ditch; thence North 19 ° 28'58 "" West 57.36 feet; thence North 18 °1725 "" West 110.85 feet along said ditch; thence North 04 °42'31 "" East 66.90 feet along said ditch; thence North 21 ° 10'00 "" West 54.10 feet along said ditch; thence North 10 0 3216 "" West 71.38 feet along said ditch; thence North 17 °16'52 "" West 94.30 feet along said ditch; thence North 01 "" West 94.23 feet along said ditch; thence North 10 ° 18'41 "" East 106.04 feet along said ditch; thence North 22 °20'19 "" West 76.46 feet along said ditch; thence North 00 ° 5732 "" West 127.68 feet along said ditch; thence North 02 ° 48'52 "" East 61.04 feet along said ditch; thence North 24 ° 13'24 "" East 14.78 feet along said ditch; thence East 1584.15 feet, more or less to the POINT OF BEGINNING. "PARCEL TWO ": EASEMENT: The easement rights contained in Easement Agreement recorded August 20, 1985 in Book 493 at Page 156 as Reception No. 270674 and the Short Form Easement recorded December 9, 1982 in Book 437 at Page 32 as Reception No. 246217 and Access Easement Agreement recorded August 20, 1985 in Book 493 at Page 146 as Reception No. 270673 EXCEPTING THEREFROM Any of the portions of said Easements dedicated to the Star Mesa Homeowners Association pursuant to the Star Mesa Declaration of Protective and Restrictive Covenants recorded December 2, 1986 in Book 523 at Page 808 as Reception No. 283644. COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number as: 875 Star Mesa Road, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; OtderNumber 942697 No. 932A. Rev 10 -09 Wamanty Deed (For Photographic Record) Page I of 2 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's successors and assigns forever. The Grantor, for the Grantor and the Grantor's successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to those matters set forth in Exhibit "A' attached hereto and made a part hereof. And the Grantor sball and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the successors, grantees and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. MFPJ P • rs, LLC, a Delaware limited liability company By: Patrick W.M. Imeson Manager State of Colorado ) ss. County of Pi tkin ) The foregoing instrument was acknowledged before me this 15th day of February, 2011, by Patrick W.M. hueson, Manager of MFPI Partners, LLC, a Delaware limited liability compmry Witness my hand and official seal. Notary Publi - My commission expires: Ci1i2©t'tw ETHRONGE th Cemri*jon Expires 0312E12011 Order Number. 942697 No. 932A. Rev 10 -09. Wmtanty Deed (For Photographic Record) Page 2 of 2 1J'v'LU EXHMIT A EXCEPTIONS 1. Taxes for tine year 2011 and subsequent years not yet due and payable. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to peneh'ate or intersect the premises hereby granted, and Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 11, 1908 in Book 55 at Page 526 as Reception No. 72826. Effects Parcel One 3. Short Fonn Easement between W/J Ranch Inc and Bradford, Inc., etal. recorded December 9, 1982 in Book 437 at Page 32 as Reception No. 246217 Effects Parcel Two 4. Terns, conditions, obligations and provisions and easements of Private Road Access Agreement recorded June 1, 1983 in Book 446 at Page 119 as Reception No. 250528. Effects Parcel Two 5. Access Easement Agreement recorded August 20, 1985 in Book 493 at Page 146 as Reception No. 270673. Effects Parcel Two 6. Terms, conditions, obligations and provisions of Easement Agreement by Wilton Jaffee and Jeanne Jaffee, etal and Bradford, hnc., etal (collectively referred to as "Star Mesa), recorded August 20, 1985 in Book 493 at Page 156 as Reception No. 270674. Effects Parcels One and Two 7. Underground Right of Way Easement granted unto Holy Cross Electric Association Inc. as set forth in instrument recorded November 6, 1985 in Book 498 at Page 581 as Reception No. 272893. Effects Parcel One 8. Consolidated Stipulation and Agreement asset forth in instrument recorded November 22, 1983 in Book 456 at Page 68, Effects Parcel One 9. Star Mesa Declaration of Protective and Restrictive Covenants as set forth in instrument recorded December 2, 1986 hi Book 523 at Page 808 as Reception No. 283644. Effects Parcel One and Parcel Two 10. Trench Agreement as set forth in instrument recorded December 11, 1991 in Book 664 at Page 196 as Reception No. 339388. Effects Parcel One 11. Underground Right of Way Easement granted unto Holy Cross Electric Association Inc. as set forth in instrument recorded February 27, 1992 in Book 670 at Page 439 as Reception No. 342048. Effects Parcel One 12. Occupancy Deed Restriction and Agreement for a Caretaker Dwelling Unit Approved Pursuant to Section 3- 8.13 of the Pitkin County Land Use Code as set forth in instrument recorded January 1, 1993 in Book 700 at Page 945 as Reception No. 353026. Effects Parcel One 13. Administrative Determination of the Community Development Director of Pitkin County, Colorado, Granting 1041 Hazard and Scenic Review Approval for the MFPl Partners LLC Property Located at Lot 6 of tine BOCC Approved Star Mesa Subdivision, Administrative Decision No. 73 -2006 recorded August 11, 2006 as Reception No. 527401. Effects Parcel One 14. Trench, Conduit and Vault Agreement between MFPI Partners, TLC and Holy Cross Energy, a Colorado corporation as set forth in instrument recorded November 8, 2006 as Reception No. 530821. Effects Parcel One 15. All matters as shown and contained on hneson 1041 IIazard Review Site Plan recorded August 31, 2006 in Plat Book 81 at Page 5 as Reception No. 528071. Effects Parcel One 16. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded in Book 55 at Page 163 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. Effects the Easement Agreement recorded in Book 493 at Page 156 as Reception No. 270674 only 17. A reservation in all oil, gas mid other mineral rights, as reserved by Albert Duroux in tine Deeds to Wilton Jaffee and Wilton Linder Jaffee recorded January 7, 1959 in Book 186 at Page 327 as Reception No. 107526 and recorded January 7, 1959 in Book 186 at Page 330 as Reception No. 107527, and any and all assignments thereof or interests therein. Effects the Easement Agreement recorded in Book 493_ at Page 156 as Reception No. 270674 only 18. Right of way for Salvation Ditch Effects Parcel Two Order Number. 942697 —C4 Wananty Decd — Exhibit I (Exceptions) Page I of I 3 t1 QUIT CLAIM (Water Rights) RECEPTION #: 577658,02/16/2011 at 02 :19:11 PM, 1 OF 2, R $16.00 DF $0.00 Doc Code QCD Janice K. Vos Caudill, Pitkin County, CO MFPI Partners, LLC, a Delaware limited liability company ( "Grantor "), for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is N hereby acknowledged, hereby sells and quit claims to Aspen Kiwi Properties LLC, a Delaware a limited liability company, ( "Grantee "), whose address is c/o Bill Gully, Level 22, Vero Centre, 48 Shortland St., Auckland 1010, New Zealand, the following water rights in Pitkin County, Colorado: Any and all water, water rights, ditches, ditch rights, wells, well rights, well pen-nits, storage rights, reservoirs, ponds and flumes situate on, lying on, and/or being appurtenant to, or used in comiection with, that real property described in Exhibit "A" attached hereto and incorporated herein, including, but not limited to the following: Well Permit No. 134509 issued by the Colorado Division of Water Resources with a maximum pumping rate of 15 gallons per minute. TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or in equity, to the proper use, benefit and behalf of the Grantee, its heirs and assigns forever. DATED this 15th day of February, 2011. MFPI PARTNERS, LLC, a Delaware limited liability company By Name: Patrick W.M. Imeson Title: Manager STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 15th day of February 2011, by Patrick W.M. Imeson as Manager for MFPI Partners, LLC. My cornmission expires: Witness my hand and official seal. CAROVeN €THRIDGE '4I Com: , �Mti2n apires 0312t12o11 EDIT f'A" LEGAL DESCRIPTION "PARCEL ONE ": FEE: Township 9 South, Range 85 West of the Sixth Principal Meridian lying Easterly of the Salvation Ditch of said parcel of land is described as follows: BEGINNING AT A POINT whence the Section Corner common to Section 15, 16, 21 and 22 in said Township and Range bears North 56 °54'28 "" West 6662.50 feet; thence South 1145.62 feet; thence North 89 °24'19 "" West 1476.55 feet to said ditch; thence North 11 0 17'40 "" West 90.40 feet along said ditch; thence North 02 °55'24 "" East 72.03 feet along said ditch; thence North 19 °22'38 "" East 65.42 feet along said ditch; thence North 19 °28'58 "" West 57.36 feet; thence North 18 °17'25 "" West 110.85 feet along said ditch; thence North 04 °4231 "" East 66.90 feet along said ditch; thence North 21 0 10'00 "" West 54.10 feet along said ditch; thence North 10 °32'16 "" West 71.38 feet along said ditch; thence North 17 °16'52 "" West 94.30 feet along said ditch; thence North 01'55'48 "" West 94.23 feet along said ditch; thence North 10 °18'41 "" East 106.04 feet along said ditch; thence North 22 °20'19 "" West 76.46 feet along said ditch; thence North 00 °5732 "" West 127.68 feet along said ditch; thence North 02 °48'52 "" East 61.04 feet along said ditch; thence North 24'13'24"" East 14.78 feet along said ditch; thence East 1584.15 feet, more or less to the POINT OF BEGINNING. `TARCEL TWO" EASEMENT: The easement rights contained in Easement Agreement recorded August 20, 1985 in Book 493 at Page 156 as Reception No. 270674 and the Short Form Easement recorded December 9, 1982 in Book 437 at Page 32 as Reception No. 246217 and Access Easement Agreement recorded August 20, 1985 in Book 493 at Page 146 as Reception No. 270673 EXCEPTING THEREFROM Any of the portions of said Easements dedicated to the Star Mesa Homeowners Association pursuant to the Star Mesa Declaration of Protective and Restrictive Covenants recorded December 2, 1986 in Book 523 at Page 808 as Reception No. 283644. COUNTY OF PITKIN, STATE OF COLORADO. order Number: 942697 —C4 Attached Legal Description Page 1 of I EXHIBIT L June 28, 2011 Mike Kraemer Planner Pitkin County Community Development 130 S. Galena Street Aspen, CO 81611 Re: Site Plan Review Barn for Agricultural Use 875 Star Mesa Road Pitkin County, Colorado Parcel l.D. #264322400010 Dear Mike: By this letter, I certify that I am the Manager of the referenced property and hereby consent to the accompanying Application for Site Plan Review. Furthermore, I authorize Charles Cunniffe Architects to represent my interests in all matters pertaining to the Application. Sinc y ��. Richard Kriletich Manager Aspen Kiwi Properties, LLC EXHIBIT M PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and As Pc to K ia; T mf?& +' 06 LJ-G (hereinafter "APPLICANT ") AGREE AS FOLLOWS: to COUNTY an application for A bsv +z; ba l Ot:z a+ ' A848 (hereinafter, the "PROJECT "). .7K��Gltti •'>'tVY� r" lV- ' %v 2. APPLICANT understands and agrees that Pitkin 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 the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. d. 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. G. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect roll fees prior to a determination 5 rmination of application completeness, APPLICANT shall pay a base fee in the amount of $ (� 60. 00 which is based on 15 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 ( "AP LICA T ") n/ By: A;�Aa� K/14 0 Print Name and Title (if applicable) Date: &/26/1 e Malli N NN �rfT, i Jut.°u,_ Easy Peel® Labels i ♦ Send along ine to Use Avery® Template 5160 Feed Paper expose Pop-up Edge TM AVERY® 5160® 1 ABBOTT GREG & MARCIA M 1200 KESSLER DR ASPEN, CO 81611 -9713 GRE 11 LP C/O SCHUMACHER B LEE 210 E HYMAN AVE #202 ASPEN, CO 81611 HOVDESVEN BAYARD Y PO BOX 413 WOODY CREEK, CO 81656 JAFFE FAMILY GST TRST 52.67% 237 S 18TH ST #5A PHILADELPHIA, PA 19103 PAYNE GULCH LLC 555 17TH ST #2400 DENVER, CO 80202 KATZ ELLEN S 25.33% 237 S 18TH ST #5A PHILADELPHIA, PA 19103 SHEAR NEAL & JACQUELINE 5625140TH AVE S LAKE WORTH, FL 33449 MOORE THOMAS A & CAROLYN WHITE PO BOX 126 WOODY CREEK, CO 81656 WHITE STAR RANCHES HOA C/O SUZANNE FAVOR PO BOX 296 WOODY CREEK, CO 81656 Etiquettes faciles a peter A Repliez 5 la hachure afin de www.averycom Utillsez IS gabarit AVERY® 51600 Sens de reveler le rehord Pop-up°C ' 1- 800 -GO -AVERY J chargement PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on October 7, 2011, the Pitkin County Community Development Director granted approval for the Approving the Aspen Kiwi Properties LLC Site Plan Review (Case P06 3 -I I ; Deter. 484- 2012). The property is located at 0875 Star Mesa Road and is legally described as Township 9 South, Range 85 West of the 6 " The State Parcel Identification Number for the property is 2643- 224 -00- 010. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County. Colorado Published in the Aspen Times Weekly on OCTOBER 23. 2011. PUBLIC NOTICE RE: Aspen Kiwi Properties LLC Site Plan Review (Case P063 -11) NOTICE IS HEREBY GIVEN that an application has been submitted by Aspen Kiwi Properties LLC (875 Star Mesa Drive, Aspen, CO 81611) requesting approval to construct a "barn" for the purpose of providing support to an agricultural operation on a parcel that contains an existing 15,000 square foot residence. The property is located at 0875 Star Mesa Road and is legally described as Township 9 South, Range 85 West of the 6` The State Parcel Identification Number for the property is 2643 - 224 -00 -010. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on August 28, 2011. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by September 28, 2011. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, 2 f TUV being or representing an Applicant to the Pitkin County DeveldWnent Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on �, 2011 (which is 30 days prior to the deadline of -, 2011). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a cons icuous lace on the subject property (as it could be seen from the nearest public way) on the 2011, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. ripen Kiwi fl�� Ap licant's name J Gvlyer �.f finr WITNESS MY HAND AND QFFICIAL SEAL My commission expires: O$ AL O Tow, 2ou Swsk.1 Notary Public, Notary P ublic's Signature �:er Dwcllin,� Unit TONI ROSE SWERSKY, Yp W90aa EgM 0l=5 Signed before me this of Sep+"41 - 201iby I (-) t /v CHARLES CUNNIFFE ARCHITECTS 610 E. HYMAN AVENUE, ASPEN, CO 81611 970/925 -5590 PHONE 970/925 -5076 FAX ARCHITECTURE PLANNING INTERIORS LETTER OF TRANSMITTAL TO: AA 11� V meVA49-r FROM: C , V/(n N COMPANY -F,4- � ` t-amy) -f 77 DATE: � /� l I TELEPHONE: JOB #: I I I ADDIS s, �1�� S T, ICJ co PROJECT: �-vfd °ia Po CIA fM -e REGARDING: - S ! f)OA Rev WE ARE SENDING YOU: Attached Via: the following items: ❑ Shop drawings ❑ Prints ❑ Originals ❑ Computer Disc(s)❑ Samples ❑ Specificatlons k ther: ❑ Copy of Letter ❑ Change order DESCRIPTION: /�.pF�a, 1�/ 1 Q�''n'i� t l ��Srh' bAC- ) �abliG �m� THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval F Ilk For your use ❑ Approved as noted ❑ Submit copies for distribution IN As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review & comment ❑ Prints returned after loan to us ❑ REMARKS: �1'rar V - w1wm 1 4"- �ml!Ater l�eVl -QGv ill kri P( ce, Tfnatik -�� ✓� COPY TO: Z ABBOTT GREG & MARCIA M GRE II LP HOVDESVEN BAYARD Y 1200 KESSLER DR C/O SCHUMACHER B LEE PO BOX 413 ASPEN, CO 81611 -9713 210 E HYMAN AVE #202 WOODY CREEK, CO 81656 ASPEN, CO 81611 JAFFE FAMILY GST TRST 52.67% 237 S 18TH ST #5A PHILADELPHIA, PA 19103 KATZ ELLEN S 25.33% 237 S 18TH ST #5A PHILADELPHIA, PA 19103 MOORE THOMAS A & CAROLYN WHITE PO BOX 126 WOODY CREEK, CO 81656 PAYNE GULCH LLC 555 17TH ST #2400 DENVER, CO 80202 Etiquettes facites & peter Utilisez le gabarit AVERY 5160 SHEAR NEAL & JACQUELINE 5625 140TH AVE S LAKE WORTH, FL 33449 Se de Repliez a la hachure afin de chargement reveler le rebord Pop -upmc WHITE STAR RANCHES HOA C/O SUZANNE FAVOR PO BOX 296 WOODY CREEK, CO 81656 www.avery.com 1- 800 -GO -AVERY w Ln M1 .d ASPO4 9 81611 M M m M uT Ln m M 7Cefified Lrl ru F-1 Rehm e Rceip Fe O (Edarsement Raqul e re O Restricted Delivery Fee (Endorsement Required) 0 co Total Postage & Fees rR CO O C3 i 0.44 0528 $2.85 15 Postmark '' $2.30 Here' -: $0.00 $5.59 08/26/2011 CERTIFIED (Domestic Mail Onl For delivery informati' $0.44 0528 - $2.85 15 Poehnadc': . $2.30: $0.00 $5:59 08/26/2011 y S ? 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Crty, Stele P+4 �� �t. (! 1��100 ..- ___....._.___.Y.___...._......` / (� Co a0 _____ _ __ ___ _ _____ ___ _ ... _____ ...... _... _______._....�.�. -_ -_ CiN. State, ZIPa4 11 11 t nt(•er yt7 - PS Form 3800, August 2006 See Reverse for Instructions Po Po stal • . MAIL,. RECEIPT CERTIFIED MAIL�7, RECEIPT -n (Domestic mail only, No Insurance coverage Pro Video) r-1 to (Domestic Mail Only; No insurance coverage Provided) o ~ 1 It PHI6AX&EPA 181031 A L ;y` 7 E W-1 ASGFN CO 91(71; U $ E Ln m { m m Postage $ $0.44 0528 Pos $ $0.44 0526 .. - Ln .s canngFee $2 85 - 15 z; m Cerfified Fee $2.85 15 ru C3 Return Receipt Fee Required) $2.30 1 �Cf' �.. 0 Return Receipt Fee (Endorsement Required) $2.30 Postmark . Here r3 (Endorsement _ D '. O R- 'noted Denver Fee (Entlorsement Required) - $0.00 - Resmctec Delivery Fea (Endorsement Required) $0.00 - - M ' to Total Postage & Fees $ $5.59 08f26/2011 p m Total Postage & Fees $ $5.59 08/26/2011 r-9 rq ` ant o ?`�= ._�`- `-- - -- �iS.t�Trs_ :...... AWOQ Sent a Marra J'C��ot1 . 0 or PO Bar NO . I..1- � `.._..._._____.-- f or PO BOx Na. _ ...5 CN}: YP .QO.....x1'!.^� ____.. City. State. ➢PH _ _. _ m � g1 t( Sfafe. LPt �A O :.r i f i e r• ii f:. nadK 523 P=811 EXHIBIT D ' with the purpose,of partially screening such improvements floe" . view of the highway V. RESTRICTIONS ON RESIDENTIAL ESTATES 1. Number and Location-of Building Buildings or structures to be constructed on any estate shall comply with the following requirements; (1) The2principal . residence shall be one (1)'% detached single - family dwelling . house with a minimum of 3,000 square feet, as measured on the outside of the building, excluding porches and garages; (2) One guest or servant house; (3) Attached or detached garages; and (4) Attached or detached tool,`storage sheds, barns, saunas, pool houses, studios, offices, etc.; (5) Such- buildi,igsas are necessary for shelter and keeping of animals,, hay storage, etc, ,,. . Diet' aL?' �•':-' iw�l �' Pa��;.` i::_ i., i+ 4;,�'�;:;i?ti�'s1d�i: ^:,5e.;... .. v 2:', Metalrsoots,: ".s 3d1n / ^ Towers•`- andfAntenna. - - meta ' eta l` r, metal sidings all be allow aany, estate. Towers; exposed'# for ' outsidec:radio��';televi'si n:: or other electconi-c:antennae :. shall be allowed'.in'Stai Mesa,.' provided, however, that,tfiey'• are. reasonably :camouflaged- or;seree d. I'M 3 f gAny3tankR used +` +in: connec ti on with .any:' dwelling.house or JC ther atsucture of "any residential estate,', including, Lanka:,* anks for stokage�of ;gas ,fuel oil, gasoline, gil or .. water, sha11 +buried'6r screened 11 £':y a a ,1 E:4': 9. ; �• NO An oy L gifts,,' s'or Odors No light ti shall be emitted from any-property a" ( _. which s,unreaeonably,: bP fight r '. i, ', or causes' unreasonable 'glaie;r shall ;be(emiEted ;from ;i. any property whiph;fs unreasonably loudtor annoyi ng;.. no: %odor-,' shall be emitted on;any property•which; is noxious,or offensive,' to othets,�provided;�however,:that a properly contained compost - pileshall be - allowed. "" No loud, offensive, or other disturbing or disruptive activities shall be allowed or .tolerated on any land within star Mesa. - .. ^4 5. San itary- Systems NO- sewage disposal .syshems:,or,•'; sanitary. system .s a 1/.be constructed, altered,, or - allowed -to_. remain or allowed!tto be. used on any:' estate.' unless% fully' approved as to design, capacity; location and construction'=of all Property public Health Agencies of the State of Colorado, and the County of Piikin and also by the Architectural Control Committee. _ F e n ces. '-'1 .A .o .A'iv:. fl •• . .6:. Fences. e: It ?.tfi e, generals intent of these. covenants that a within; star Mesa shall be ofia'nonview obet ructing; ranch type split rail nature# . unpainted, (3 or'9- strand wire,may be use i ; +; ; Camper a, ° :�Trailera, "and "Other. ;Recreational Vehicles. :.t No campers, -.tra lers, oats �:.,,or onal _:.' ve�i �cles:.0 any!kind whatsoever,. or .trailers for - such " recreational vehicles, shall be parked or maintained /at any time, outside of a garage or other outbuildings within one hundred (100) feet of any interior property line or property line common to any other estate on any residential estate in Star.Mesa and must be screened. 4 . t..F' FXH1B'T E 1 jalc 4 ; • nn — K'�wr i+, � 14.n.[Ax�f+ }` i3� .; , i �u.0 .�� —•.• \ e' ' 144 �. ♦ 1 1 ) i` } y taom"^1 Z I r 7 Nk . 7 {�xyrt'ih a R3°It F' Page 1 of I Janver Derrington From: Michael Kraemer (Michael.Kraemer @co.pitkin.co. us) Sent: Friday, April 15, 2011 1:42 PM To: Janver Derrington Subject: 875 Star Mesa. PID #: 264322400010 Janver, EXHIBIT F On Monday, April 112011, Lance and I worked with you and Charles on a ridgeline review for an addition to an existing residence that currently obstructs the ridgeline for the above mentioned location. During our review you represented that the addition to the existing residence would not further obstruct the ridgeline as viewed from both Hwy 82 and McLain Flats Road, both scenic corridors. You further indicated that the addition, in fact, could not be seen from both corridors. Lance, Charles, and I inspected the views of the residence and the proposed addition from the Brush Creek Intercept Lot and the Intersection of Star Mesa Road and McLain Flats Road. At both locations, you held a pole with a red placard attached to represent the height of the addition. At both locations the placard was not visible. Pursuant to Section 7- 20- 120(c)(4)(a) of the Land Use Code, consider the addition exempt from formal planning review and your project may submit for a building permit. Please print and submit this email with your building permit submittal. Note that this exemption does not constitute a vested right and may not be applicable at the time of permit submittal. Staff time associated with this exemption is 2 hours at $312 /hour = $624. Remit this payment at permit submittal. Thanks, Mike Mike Kraemer Planner Communily Development Department Pitkin County 130 S. Getena Street Aspen, CO 81611 970.920.5482(plrone) 970.920.5439(tax) rn i ch a elkra emerCo.co. pilkin. co. u s V111 4/15/2011 \NI 3N rD D� z x >> ND AA< ro O� I I I DN a, O i c � i M N 1 b m r m G D O z m N rn rn z z n m r Dm 1 m T m r rri N � � 1 b m m D 1 O o Z i k � Z iu N 875 STAR MESA CHARLES CUNNIFFE ARCHITECTS WYE W BARN e 875 STAR MESA 61O EAST HYAUN AVE ASPEN, CO 91611 � TEL 9709155590 I FAX 9]O9Z1I55] PITKIN COUNTY, COLORADO MwCOLORADO TELLUWDE, CO RUss TEL 9]O71BJ]SS FAksro]19 a9w 0 9 � u IF T $ b i A , 1 S s I 8A b� A s 3P H i /I H 1d Y b \ d Y b c Y N 7 v D r m 0 0 z Y I �u oul 1 T lIT PI3 Pp PI3 pE S ....... ......... .. .................. .___...i t I I I � I X I I z° ; i �• f It z 3 °` rn I I 0 2 Lu a W I � 875 STAR MESA aI BARN a 875 STAR MESA PITKIN COUNTY, COLORADO 4 4 O 2 m m r O Z P,s LJ co O Y C 4 i m cn m r N Pik P P PI3 Pi,4 PiE CHARLES CUNNIFFE ARCHITECTS 610 EMT WWN AVE i WEN, CO 81611 1 TEL 9]09255590 FAX 9709204557 8 3%WCOLORADO i TELLURDE, CO 81/35 i TEL 9707263738 FA 970 rz63W PI3 PI4 PiE P4 PR �� fi PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 August 16, 2011 Janver Derrington 610 East Hyman Ave. Aspen, CO 81611 janverd(acunnifte com Re: Aspen Kiwi Properties LLC Site Plan Review (PID #2643 - 224 -00 -010; Case# P063 -11) Dear Mr. Derrington: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by August 28, 2011. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by 28` day of September, 2011. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 13` day of September, 2011, which is at least fifteen (15) days prior to September 28, 2011. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Aspen Fire Protection Department Star Mesa Homeowners Association FROM: Mike Kraemer, Community Development Department Michael. kraemer(�r?co. pitkin.co.us Re: Aspen Kiwi Properties LLC Site Plan Review (PID 2643 - 224 -00 -010; Case P063 -11) DATE: August 16, 2011 Attached for your review and comments are materials for an application submitted by Aspen Kiwi Properties LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, September 28, 2011. http: / /www.aspenpitkin.com/ Portals /0 /does /county /Com %20Dev /Planninc /Land Use Ap plications /P063 11 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtler(c�co.oitkin.co.us or 920 -5109. Thank you. PITKIN Cam, JNTY COMMUNITY DEVELG,rMENT Permit Receipt RECEIPT NUMBER 00031224 Name: ASPEN KIWI PROPERTIES LLC Date:7/27/2011 Project Address: 875 STAR MESA DR Type: check # 33456 Permit Nu mber 0063.2011.PLAN 0063.2011.PLAN 0063.2011.PLAN Fee Description PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee Total: Amount 1,560.00 25.00 5400 1,639.00 CHARLES CUNNIFFE ARCHITECTS �■ 610 AVENUE, ASPEN, CO 81611 [Rlk: 970/925-5590 PHONE 970/925 -5076 FAX ^N ARCHITECTURE PLANNING LETTER OF TRANSMITTAL INTERIORS TO: '�1 FROM Jahv��l/+'v�9� 1 T�✓� COMPANY:�t 04It DATE: Iv1.7 I TELEPHONE: JOB #: I I r 7 ADDRESS: j3 S GIB'/M C S", Ash, ca Sr (P 1 PROJECT: 875 4a a r M ec-oa 'j�)ar►n REGARDING: MN � 4r mzor�i Filr4.aA F'- L WE ARE SENDING YOU: WAttached Via: 'GL ' he following items: �❑ Shop drawings ❑ Prints Un%opy of Letter ❑ Change order ❑ Originals (�❑ Computer Disc(s)0 Samples ❑ Specifications Iii Other: DESCRIPTION: I " 24- r 1 L - L�f'w.r o-R �- tioriva -{�o>A THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted �f For your we'5( 14af!W Approved as noted a As requested (� ❑ Returned for corrections 0 For review & comment ❑ Prints returned after loan to us REMARKS: -rhaukii" COPY TO: ❑Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints /W 0 GRAEME & ROBYN HART 743 Riddell Road, Glendowie, Auckland, New Zealand Phone: 64 -9 3666 259 Fax: 64 -9 3666 263 RECEPTION #: 584016, 11/01/2011 at 21 October 2011 01:46:29 PM, 1 OF 1, R $11.00 Doc Code NOTICE Janice K. Vos Caudill, Pitkin County, CO Cindy Houben Director Pitkin County County Community Development Director 130 Galena Street Aspen, Colorado 81611 USA Re: Site Plan Review for a Barn 875 Star Mesa Road, Pitkin County, Colorado Dear Ms. Houben I am the Owner of Aspen Kiwi Properties, LLC, which has applied for and received approval of the Site Plan Review for a Barn at the above address. I hereby authorize Charles Cunniffe to sign the required Final Plat Mylar on my behalf. Thank you in advance for your cooperation. Best regards, Z Graeme Hart Aspen Kiwi Properties, LLC J6 9p Pis `e a° sa c8 R� e e: �5 ® Star Mesa Residence site Plan "E` " °a " s ` "° "�°°" w 875 Star Mesa Rd Pitkin County, Colorado m � YB r June Yl, 2(111 Rev:July 15, 2011 V =40'