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Home My WebLink Aboutpitkin.planning.264320300015DOCUMENT 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) f 2643 - 203 -00 -015 - ' : 11/9/1998 #CORESi 13 P145 -98 CASE Elliott Minor Amendment to aDevelopment Permit iar Gndy Hoube f PROJ AD -, 4000 Junicer Hill Dr 19-9.85 2D -9-85 & Carole Elliott ADR P.O. Box4100 _ S /Z: Aspen. CO 01612 REP:Issme AOKI G1S /L:I PHN:I Email Ad ALLOCATED HOURS: FEES D 460 REFERRALS County Attorney, County Zoning, CO State Forest Ser Ace. Town of Snawmese Yllage . REF: 11/16/1998 BYITKT DUE 12/7/1998 MT G DATE REV BODY PH •,_ NOTICED t. DATE OF FINAL ACTION: 12/1611998 12/16/1998 BOCC No 11/14/1998 BOCCReso: tabled No . i No BOCCOrd: REMARKS Tebled no further Action no vesting PZ: HRG OFF: j CLOSED: 9119/2000 i TKT HO INDEX ADMIN: PLAT RECORDED - -- PLAT (BKPG): na ADMIN INDEX VR APPROVAL DATE: F -- VREXPIRES:[- CASE AmendmenttoaDevelopmenlPermi CASETYP5: F- CASE CASE TYPE: CASE CASE TYPT. CASE r _ Date Scanned: 3(1/12 FileLocafibl FFBox#214 10. 1999 10:23AM No. 2925 P. 1/19 SNOWMASS VILLAGE TOWN COUNCIL JOINT MEETING WITH BOARD OF COUNTY COMMISSIONERS WORK SESSION 03 -11 -99 3:30 - 4:00 P.M. DISCUSSION REGARDING KSNO LEASE -- Gary Suiter ........... Page l NOTE: ALL ITEMS AND TIMES ARF "TENTATIVE AND SUBJECT "ro CHANGE WITHOUT FURTHER NOTICE. PLEASE CALL, THE OFFIC'F OF THE TOWN CLERK AT 923 -3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. 0000111 �< 5CA, Isla r, 10. 1999 10; 23AM No. 2925 F, 2/19 COUNCIL COMMUNIQUE MEETING DATE: March 13, 1999 BY: Gary Suiter STAFF: SUBJECT: JOINT MEETING WITH BOCC TO DISCUSS KSNOTRANSMITTER SITE OVERVIEW' The County Commissioners would like to meet with the Town Council to informally discuss the KSNO Transmitter Site. I ha;'ve attached a copy of the current lease along with a previous communique that lists the sa'ilient points of the lease. STAFF RECOMMENDATION: Review and discuss with BOICC. Advise BOCC of Council's long -term intentions for this site, p./ shared /clerk /msnager.xsc1cmq.99 /knso. mq 000002 ,�l1 r. 10. 1999 10:24AM COUNCIL COMMUNIQUE MEETING DATE: October 5, 1998 BY: Gary Suiter Steve Connor SUBJECT: KSNO TRANSMITTER SITE LEASE DISCUSSION ND, 2925 F. ?/19 OVERVIEW: Staff met with Jim True and Cliff Gardiner (KSNO) on Thursday to negotiate the final details of the transmitter site lease. We were pleased to learn that the station owners have come to an agreement with the Elliotts regarding access. Their agreement for access is perpetual. Following is a summary of the key points of the lease: • The base monthly rent will be $450 per month. It is currently about $110 per month. • The Town requires pre - approval of all sub - tenants. • The lease allows for a maximum of four sub - tenants. There are currently three sub - tenants • The Town will collect 25% of all gross tenant revenue. That amounts to $565 per month. Currently, we collect nothing from the sub - tenant leases. • The term was established at five years, with an option for KSNO to renew for an additional five -year term. • A CPI escalator was included which will take effect at the end of the initial term. We could expect the rent to increase by approximately 15% (assuming a 3% CPI per year). • The Town reserved the right to utilize the tower and building space for future Municipal use, for nominal rent. • There is a provision to maintain the building and its surroundings in good repair. • Expansion of the existing use is prohibited. The permitted use must occur in a circle with a radius of 75 feet from the radio tower, which includes the building and guy wires. • KSNO agrees to provide the Town reasonable airtime for Public Service announcements, from time to time. • Standard insurance and indemnification provisions are also included. • At the end of the term, the lessee will remove all improvements and return the site to its original condition (unless a new lease is negotiated). Staff believes these terms and conditions address the requests made by the Town Council at our last Work Session. The new lease will provide the Town with sufficient control, increased revenues and protection of the public interest for the term of the lease. STAFF RECOMMENDATION: Provide staff with feed -back on the negotiated terms and conditions of the new lease and direct staff to enter into the new lease agreement. effective October 1, 1998. M.ntvla6LOldnaac, sa.acmc /Ksnac q U 00003 hda r. 10. 1999 10: 24AM JAMES R. TRUE 215 S. MONARCH P102 ASPEN. COLORADO 81611 TEL (970) 925 -1202 FAX (970) 925 -3902 January 20, 1999 Gary Suiter Town of Snowmass Village ?'.0. Box 5010 Snowmass Village, CO 51615 RE: KSAO Tower Lease Dear Gary: No. 2925 °. 4/19 � C��C�OMC� I have enclosed herewith an execueed original lease hetween Rocky Mountain Radio Company, LLC, and the Town of Snowmass Village. In addition., I have enclosed a check in the amount of $3,625.95 representing rent from October through January, 1999 at the new rate. Thank you for your this matter. It was a it cc: Cliff Gardiner 000004 cooperation and assistance throughout pleasure working with you. Sincerely, James R. True vfar, lU. 1999 1^:24AM No, 2925 r, 5 ,/ 19 LEASE AGREEMENT THIS LEASE is entered by and between THE TOWN OF SNOWMASS VILLAGE ( "Lessor ") and ROCKY MOUNTAIN RADIO COMPANY, LLC (Lessee "). In consideration of the rents to be paid hereunder and of the mutual covenants and agreements contained herein, the parties agree as follows_ 1. Premises Leased Term and Renewal of Lease. (a) Subject to terms, conditions and covenants hereinafter set forth, Lessor does hereby lease, demise and let unto Lessee, that certain parcel of real property situated in the County of Pitkin, State of Colorado, upon which an antenna and related improvements are currently constructed, as generally depicted in Exhibit "A" attached hereto and by this reference incorporated herein, together with all rights and privileges appurtenant thereto, said parcel of real property bung hereinafter referred to as the "Premises." (b) Lessee has secured access to the property to the property over adjoining properties other than the property of Lessor. To the extent that it is required to access the tower from the access over the adjoining properties, Lessor consents to the use of motor vehicles over that portion of Lessor's property from the adjoining property to the tower. However, in the event such access is terminated or otherwise blocked, Lessee shall have a non - exclusive right of ingress and egress to and from the Premises over and across adjoining property as may be owned by Lessor ( "Access Route ") for the purpose of maintaining and servicing the improvements constructed on the Premises in accordance with the terms of this Lease. Such access shall be by foot or horseback. Motorized vehicles are expressly prohibited on the Access Route over the property of Lessor. The Access Route shall be in a location determined by Lessor from time to time, provided that such route shall provide reasonable access to Lessee. Further, Lessee shall be prohibited from using such access at any and all times that the use of such access is closed to the public. Lessee agrees to indemnify and hold Lessor harmless from and against any and all damages, liabilities and expenses, including attorneys' fees, - ncurred by Lessor arising out of the use of the Access Route by Lessee and Lessee's employees or agents. This non- exclusive right of ingress and egress shall automatically terminate upon a termination of this Lease. (c) Lessee shall lease the Premises from Lessor for and during the term beginning October 1, 1998, and ending on September 30, 2003, unless this lease shall sooner end or terminate as provided herein. Provided that Lessee shall not be in default of any of the terms or provisions of this Lease, 6'10005 Mar, 10. 1999 10 ; 24AM No, 2925 P, 6/19 Lessee shall have'the option to renew this Lease for one flive(5) year term from October 1, 2003 to September 30, 2008. Lessee shall exercise the renewal option, if at all, by notice in writing to Lessorisixty (60) days prior to said renewal and Lessor shall notify Lessee in writing of the new rental rates thirty (3r') days prior to such renewal. 2. Rental. (a) Lessee 'covenants and agrees to ::ay Lessor a monthly base rent in the amount of $450.00 durim._ -.he .itial term of this lease. The monthly rent for the renewal '`srm described in paragraph 1, above, shall be increased from th, - of the original term based on the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver - Boulder, all items, all urban 'Consumers or its successor index, as set forth in Article X, Section 20(2)(f), of the Constitution of the State of Colorado, during the initial term of the lease. (b) Any monthly installment of said base rent not paid when due shall bear interest at a rate equal to three (3) percentage points above the 'rime commercial interest rate posted by the United Bank of Denver. Said prime commercial interest rate shall be determined as of the due date of each installment or other SUM. (c) All base rent and all other sums payable to Lessor by Lessee hereunder shall be payable in advance to: The Town of Snowmass Village,'ATTN: Finance Department, P.O. Box 5010, Snowmass Village,I,CO 81615, or at such other place as Lessor may from time to time'idesignate in writing. (d) In addition, the Lessee shall pay to the Lessor the sum of twenty -five percent (25 %) of the gross monthly rent paid to Lessee by subtenants on the premises. (e) As addit!:ional consideration of this lease, Lessee agrees to provide Lo Lessor public service announcements for the specific business, of Lhe Lessor, as are reasonably requested from time to time. I 3. (a) No tests have been made to ascertain the condition of the subsurface and soil of the Premises. In entering into this Lease, Lessee is 'relying exclusively upon its own inspection of the Premises and !not upon any representation, warranty or statement by Lessor. (b) Lessee shall not drain or discharge water from the Pre- mises onto the adjoining land. The Premises have been or will be -2- uU 1006 t ivar, 1C. 1999 2' AM No. 2925 W19 so graded and drained by Lessee as to cause the discharge of all water into an established drainage channel on or adjacent to the Premises. (c) Lessee accepts the Premises in their present condition without any representation or warranty by Lessor as to the condition, use or operation thereof. Lessor makes no covenant, representation or warranty as to the estate, right, title or interest of Lessor in and to the Premises, or as to the suitability thereof for any purpose 4. U@. Lessee agrees to use and occupy the Premises for the purpose of a building containing radio transmission equipment and a tower supporting radio antennas. Such use shall include, but not be limited to, broadcast commercial radio signals in the AM or FM bands, as well as private radio communications. Lessee agrees that the Premises shall not be used for any purpose other than the aforesaid unless Lessee shall first obtain the prior written consent of Lessor as to such alternative use. In any event, however, the Premises shall not be used for: (a) Any purpose or use not at the time permitted by the then applicable zoning laws or ordinances or those applicable zoning laws or ordinances which may be applicable pursuant to requests specified and authorized herein; or (b) Any use or purpose (nor shall any activity be conducted upon the Premises) which: (i) Results in the emanation or giving off of offensive gas, smoke, fumes, dust, odors, waste products, noise or vibrations; (ii) In any manner causes, creates or results in a nuisance; or (iii) Is of such a nature that it involves substantial hazard to the Premises or adjacent property or persons. (c) Lessor hereby reserves the right to inspect the premises for compliance with this paragraph 4 and other provisions of this lease upon reasonable notice to the Lessee. 5. Title to improvements and Personal Property; Restoration of Premises. Title to all buildings and improvements which may from time to time be located on the Premises, and all furniture, fixtures, equipment and machinery which may from time to time be used in connection with the Premises, be placed or caused to be placed upon the Premises by Lessee during or prior to the continuance of this Lease of the kind and character deemed in law to become a part of realty, shall be and remain the property of Lessee. -3- JJCJv7 10. 1999 10:25AM No, 2925 P. 8/19 (a) Upon the;expiration or earlier termination of this Lease, Lessee shall sever and remove all improvements and personal property placed or caused to be placed on the Premises by Lessee and Lessee shall restore the Premises to the original condition prior to, placement of such improvements. Such restoration shall ''take place within thirty (30) days following the expiration or '';termination of the Lease. Lessee shall continue to pay th'e existing rent for this period of restoration. (b) Lessor, at its,sole option, may waive its right to cause the removal of the improvements and restoration of the Premises as provided above. 6. Utilities. Lessee shall at its own expense pay for all power, electric current, and telephone utilities used on the Premises during the continuance of this Lease, including, all meter installation, connection and service charges incident thereto, and shall indemnify and save r.,essor harmless from any liability or damage arising directly or indirectly as a result of Lessee's failure to do so. Lessee agrees that it will not expand any other utilities, such as water, gas, and sewage to the Premises. 7. Permits sicenses. Lessee will from time to time execute and deliver all applications for permits, licenses or other authorizations required by the municipal, county, state or federal authorities or required in connection with the construction, reconstruction, repair or alteration of any buildings or improvements which may be erected on the Premises, and Lessee will execute, acknowledge and deliver any and all instruments required to grant rights of way and easements in favor of governmental authorities or public utility companies incident to the installation of fire hydrants, electricity, telephone, and other facilities reasonably required for the use and occupancy of the Premises, S. Advertising and Exterior Lighting. Lessee covenants and agrees that it will not, without Lessor's prior written consent, erect or otherwise install, fix or display on exterior door, wall or window on the Premises, or anywhere else on the Premises to the extent visible from adjacent areas, any sign, devise, decoration, placard, lettering, insignia, trademark, bunting, banner or adverti':sing matter cf any kind other than required by the Federal Communications Commission. Exterior lighting required by governmental agencies having jurisdiction over the operation of Lessee are hereby consented to be Lessor. 9. Improvements, Repair, Ma ail terms. (a) Lesseeishall comply state, county, municipal and ; with and abide by all federal, other governmental statutes, 3 r, 10. 1999 10: 25AM No. 2925 F. 9'19 ordinances, laws and regulations of the Town of Snowmass Village affecting the Premises, any buildings and improvements therein or any activity or condition on or in the Premises or any buildings or improvements thereon. (b) One building to house the radio transmission equipment and an antenna tower have been erected on the Premises. Lessor herewith approves the design, color and size of the existing building and antenna. The color may be changed to charcoal gray. (C) Lessee agrees that it will maintain the grounds of the leased property free from trash and debris and that any existing trash and debris on the leased property will be removed on or before September 30, 1999. (d) Lessee agrees that it will not commit or permit waste upon the Premises. Lessee will not, without first having obtained consent in writing of Lessor; (i) Remove, or cause or authorize any other person to remove, any dirt, earth, rocks, gravel or the like from the Pre- mises; or (ii) Damage, cut down or remove, or cause or authorize any other person to damage, cut down or remove, any tree from the Premises. (e) Except as provided in Subparagraph (b) above and the following section, Lessee shall make no improvements to the Premises or changes or alterations, structural or otherwise, to any buildings or other improvements on the Premises, including, without limiting the generality of the foregoing, any expansion of the exterior walls of the building which is located on the Premises or any building subsequently approved by Lessor, or any expansion of Lessee's activities below the present foundation of such building, without the prior written consent of Lessor. Lessor may in its sole discretion approve or disapprove any request for Consent hereunder in its absolute discretion. Any such improvements, changes or alterations consented by Lessor shall be made in all cases subject to the following conditions which Lessee covenants to observe and perform, in addition to such further conditions as Lessor may impose: (i) No improvement, change or alteration, nor any demolition and replacement, other than replacement or upgrading of existing equipment, shall be undertaken until Lessee shall have procured and paid for, so far as the same may be required from time to time, all governmental permits and authorizations of the various departments and governmental subdivisions having jurisdiction, together with the final approval of the Town of Snowmass Village or other local body performing such function. Lessor shall join in the application for such permits, -5- uuouh-1 Mar 10.1999 10:26AM No. 29 26 P, 10/19 authorizations and! approvals whenever such action is necessary. (ii) All: I work done in connection with any improvement, change, alteration or demolition and replacement shall be done promptly and in a good and workmanlike manner and in compliance with all laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments and the appropriate departments, commissions, boards and officers thereof, and in accordance with the orders, rules and regulations of the applicablelFire Rating Bureau or any other body hereafter constituted exercising similar functions. All such work shall be at the sole cost and expense of Lessee. The work with respect to any improvements,', change, alteration or demolition and replacement shalljbe prosecuted with reasonable dispatch; delays due to strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions or similar causes beyond the reasonable control of Lessee excepted. Worker's compensation insurance covering all persons employed in connection with the work and with respect to whom death or injury claims could be asserted against Lessor, Lessee or the Premises; general liability insurance for the mutual benefit of Lessee and Lessor with limits of not less than one million Dollars ($1,000,000) in the event of injury to one person and of not less than Three Million Dollars ($3,000,000,000) in the event of injury to any number of persons in any one accident; and with limits of not less than One Hundred Thousand Dollars ($100,000) for property damage shall be maintained by Lessee at Lessee's sole cost and expense at all times when any work is in process in connection with any change, alteration or demolition and replacement. Alllsuch insurance shall be in a company or companies authorized to do business in Colorado and shall be satisfactory to Lessor. (iii) All work done in connection with any improvement, change, alteration or demolition and replacement shall be conducted, in such a manner as to avoid any unreasonable interference withl, adjacent property and businesses conducted in adjacent areas. (e) Nothing contained herein shall preclude lessee from reconstructing the improvements on the premises in the form that existed prior to destruction, if such are destroyed by fire or other natural dis4zter. 10. Liability for [1s o Premises. Lessee covenants and agrees that Lessor shall not af t any time or to any extent whatsoever be liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person who may at any time be using, occupying or visiting the Premises or be in, on or about the same, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out 0003 -.0 Mir. 10. 1999 10:26AM No, 2925 P. 11/19 of any act, omission or negligence of Lessee (whether active or passive) or of any occupant, subtenant, visitor or user of any oortion of the Premises or such easement, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Lessee shall forever indemnify, defend, hold and save Lessor free and harmless from and against any and all claims, liability, loss or damage whatsoever on account of any such loss, injury, death or damage. Lessee hereby waives all claims against Lessor for damages to any buildings and improvements upon the Premises or easement and to the property of Lessee in, upon or about the Premises or easement, and for injuries to persons or property in or about the Premises or easement from any cause arising at any time. 11. mechan rs, and Other Liens. (a) Lessee covenants and agrees to keep the Premises, every part thereof and all buildings and other improvements thereon, whether existing now or in the future, free and clear of and from any and all mechanics', materialmen's and other liens for work or labor done, services performed, materials used or furnished to be used in or about the Premises for or in connection with any operations of Lessee, any alterations, improvements or repairs or additions which Lessee may make, permit or cause to be made, or any work or construction by, for or permitted by Lessee on or about the Premises and at all times promptly and fully to pay and discharge any and all claims upon which any such lien may or could be based, and to save and hold Lessor and all of the Premises and all buildings and improvements thereon free and harmless from any and all such liens and claims of liens and suits or other proceedings pertaining thereto. Lessee covenants and agrees to give Lessor written notice not less than ten (10) days in advance of the commencement of any construction, alteration, addition, improvement or repair costing in excess of Two Thousand Dollars ($2,000) in order that Lessor may post appropriate notices of Lessor's non - responsibility, (b) If Lessee desires to contest any lien of the nature set forth in Subparagraph (a) above, it shall notify Lessor of its intention to do so within ten (10) days after the filing of such line. In such a case, Lessee shall not be in default hereunder and Lessor shall not satisfy and discharge such _ien until five (5) days after the final determination of the validity thereof, within which time Lessee shall satisfy and discharge such lien to the extent valid and all interest and costs in connection therewith, but the satisfaction and discharge of any such lien shall not in any case be delayed until execution is had upon any judgment rendered thereon or sale is made or threatened to be made of the whole or any part of the Premises on account thereof, and any such delay shall be a default of Lessee hereunder. In the event of any such contest, Lessee shall protect and indemnify MM U00JA Niar.10.1999 10 :27AM No. 2925 F. 12/19 Lessor against all',loss, cost, expense and damage resulting therefrom and, upon notice from Lessor to do so, shall furnish Lessor with a corporate surety bond issued by a company and in a form satisfactory to Lessor, payable to Lessor in double the amount of the lien contested, conditioned upon the satisfaction and discharge of such lien, and shall protect and indemnify Lessor as herein required. Subject to the provisions of this subparagraph, Lessor shall have the right at all times during the term hereof to pay, cancel and discharge all such liens and related claims and to purchase or redeem the Premises from any sale thereof on account of such liens, without being obligated to inquire as to the ',validity of the same. Any sum so paid by Lessee shall become additional rent due and payable by Lessee on the next day after;, payment by Lessor, together with interest thereon as provided by Subsection (b) of Section 2 above. 12. Insurance. (a) During the term of this Lease, Lessee shall procure and maintain in full force and effect: (i) Bodily injury liability insurance with limits of not less than One ',Million Dollars ($1,000,000) per person and Three Million Dollars ( $3,000,000) per occurrence insuring against any and ail liability of Lessee with respect to the Premises or arising out of the maintenance, use or occupancy thereof; (ii) Property damage liability insurance with a limit of not less than Twenty -Five Thousand Dollars ($25,000) per accident. All of such insurance shall insure the performance by Less of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property in Section 10. All of such insurance shall be primary and non- contributing with any insurance which may be carried by Lessor and shall contain a provision that Lessor, although named as an insured, shall nevertheless be entitled to recover under said policy for any loss, injury or damage to Lessor, ..ts agents and employees, or the property of such persons by reason of the negligence of Lessee. (b) Said insurance shall name the Lessor as additional insured. Upon the issuance thereof, each such policy or a duplicate or certificate thereof shall be delivered to Lessor. 13. Assignment, Sublease, Mortgaoe. (a) Lessee covenants and agrees that it shall not transfer or assign this Lease or Lessee's interest in or to the Premises or any part thereof, without first procuring the written consent of Lessor, which consent shall not be unreasonably withheld. Any so D0_, Mar. 10. 1999 10:27AM No. 2925 P. 13/1.9 such transfer or assignment without such w tten consent hall be null and void and confer no rights upon any t i on and shall constitute a default by Lessee under the provision of this Lease. (b) Each transfer or assignment to which Lessor has consented shall be by an instrument in writing and shall be executed by the transferor or assignor, and the transferee or assignee in each instance in such manner that it may be recorded. Each such transferee or assignee shall agree in writing for the benefit of the Lessor herein to assume, to be bound by to perform the terms, covenants and conditions of this Lease to be done, kept and performed by Lessee, and each such transferor or assignor shall waive any suretyship rights arising from such transaction. One copy of all written instruments required under this subparagraph shall be delivered to Lessor forthwith upon execution by the parties here. Failure to comply with the provisions of this section 13 shall operate to prevent any such transfer or assignment from becoming effect. (c) Lessee agrees that Lessor may separately contract with _ /7� any assignee_or transferee of Lessee w�h respect t to a use of ` `/ a remises f n _ purposes in addition �o those Permitted h eun er, and in suc suc uses au orize y V shall—�e deemed permitted hereunder during the existence of such contract. (d) Lessee shall retain the right to sublease the premises to not more than four separate commercial entities on such conditions and terms as Lessee sees appropriate. However, any such sub- tenant shall specifically agree to all conditions set forth herein regarding access to the premises and regarding limitations on use and condition of the premises. No sub - tenancy shall in any way alleviate or otherwise modify the obligations d responsibilities of the Lessee -et forth herein. Further, the parties acknowledge the present existence of four commercial sub - tenants. The parties agree that they will not lease to any other commercial sub - tenant without the prior �) written consent of the Lessor. , (e) Lessee shall retain the right to provide space on the 'J a n accommodate the communication needs of certain on- profit entities such as, but not limited to "ountain Rescue, no consideration. Howev—e—F77Che Lessee agrees to require any such entity to enter a lease agreement that shall require such entity to specifically agree to all conditions set ILI s to the tion of (f) Within 30 days of the execution of the Lease, Lessee shall provide Lessor with copies of the existing sub - leases to the premises. In addition, Lessee shall provide to lessor a CF' JuuJ13 No IG1a r, 10. 1999 10:27AM No, 2925 P. 14/19 yearly notice of tll�e names of the existing sub - tenants, the remaining term of each sub - tenant's lease and the rent received from each sub - tenant. If a new sub -lease is entered, Lessee shall provide the ',Lessor with a copy of such sub - lease. 14. Insolvency. Lessee agrees that, in the event all or substantially all of its assets be placed in the hands of a receiver trustee and such receivership or trusteeship continues for a period of thirty (30) days or should Lessee make an assignment for the benefit of creditors or should Lessee institute any proceedings or seek relief under any law relating to the subject of i ,insolvent banking corporations or associations or if Lessee shall seek to effect a plan of liquidation, composition or reorganization in insolvency or should any involuntary proc"dings be filed against Lessee Linder such law and Lessee shall consent thereto or acquiesce therein or default, then neither this tease nor any interest in and to the Premises shall become an asset in any of such proceedings and in any such event and, in addition to any and all rights or remedies of Lessor hereunder or by law provided, Lessor at its option may declare Lessee to',be in default hereunder, declare the term hereof ended and reenter the Premises and take possession thereof and remove all persons therefrom and any or all of the foregoing remedies and those set forth in Section 15 below, and Lessee shall have no further claim thereon or hereunder. 15. Defaults by Lessee. (a) Should Lessee at any time be in default hereunder with respect to any rental payments or other charges payable by Lessee hereunder, and should such default in the performance of any of its other promises, covenants or agreements herein continue for thirty (30) days after written notice thereof from Lessor specifying the particulars of such default, or should Lessee vacate or abandonl'the Premises, then in any such event and in addition to any and all other rights or remedies of Lessor hereunder and /or by law provided, at the option of Lessor it shall be: (i) The right of Lessor to declare the term hereof ended and to reenter the Premises and take possession thereof and remove all persons therefrom and Lessee shall have no further claim thereon or hereunder; or (ii) The right of Lessor, without declaring this lease ended, to reenter'the Premises and occupy or lease the whole or any part thereof for and on account of Lessee and upon such term or terms (which may be for a term extending beyond the term of this Lease) and conditions and for such rent as Lessor may obtain, and collect said rent or any other rent that may thereafter become!,payable and apply the same toward the amount due or thereafter,to become due from Lessee on account of the -10- Mar, 10, 1999 10:25AM No, 2925 P. 15/19 expenses of such reletting and of any reasonable repairs or alterations made by Lessor to the Premises to effect such reletting and any other damages sustained by Lessor; and Lessee hereby irrevocably appoints Lessor attorney -in -fact for Lessee with power of substitution to reenter the Premises and to sublet the same pursuant to this subparagraph (ii); and, should such rental be less than that herein agreed to be paid by Lessee, Lessee agrees to pay such efficiency to Lessor in advance on the day of each month hereinabove specified for payment of monthly rental and to pay to Lessor forthwith upon any such reletting the costs and expenses Lessor may incur by reason thereof; or (iii) The right of Lessor, even though it may have occupied or relet said Premises, to thereafter elect to terminate this Lease and all of the rights of Lessee in or to the Premises. (b) should Lessor terminate this Lease under either Subparagraph (a) (i) or (a) (iii) above, Lessee shall forthwith pay to Lessor all amounts due to the date of such termination. (c) should Lessor relet the Premises under the provisions of subparagraph (a) (ii) above, it may do so either in its own name or in the name of Lessee, as it shall see fit, but the Lessee or tenant shall be under no obligation whatsoever to see to the application by Lessor of any rent collected by Lessor from such Lessee or tenant, nor shall Lessee hereunder have any right or authority whatsoever to collect any rent from such Lessee or tenant. Lessor shall not be deemed to have terminated this Lease or the liability of Lessee to pay rent thereafter to accrue or its liability for damages under any of the provisions hereof by any such reentry, or by any remodeling or reconstruction of the Premises after such reentry, in contemplation of reletting the same or any part thereof, or by any action in unlawful detainer or otherwise to obtain possession of the Premises, unless Lessor shall have notified Lessee in writing that it has so elected to terminate this Lease. Lessee further covenants that the service by Lessor of any notice pursuant to the unlawful detainer statutes of the State of Colorado and the surrender of possession pursuant to such notice shall not (unless Lessor elects to the contrary at the time of or at any time subsequent to the service of such notice and such election is evidenced by a written notice to Lessee) be deemed to be a termination of this Lease. Nothing herein contained shall be construed as obligating Lessor to relet the whole or any part of the Premises. Should Lessor elect to relet the Premises pursuant to this paragraph, Lessee shall, upon written demand by Lessor, remove all property of Lessee from the Premises as if pursuant to Section 6 above upon termination of the leasehold or, failing such demand and until such demand, if any be made, permit all improvements to the Premises made or caused to be made by Lessee to remain on the Premises during the remainder of the term of this Lease, and any extension of renewal thereof. The term " mprovements" within the meaning of this -11- uJoJx Uda r, 10. 1999 10:28AM No. 2925 P. 16A9 ' subparagraph deemed by ap provisions o (d) Notwi 15, Lessor agrees for the payment o rectified or cure period requiring written notice re rectified or cure days, shall have and shall continu be limited to such improvements as would be e law to be real property but for the Lease. anding any other provisions of this section hat if the default complained of, other than monies, is of such nature that the same can be although not within the thirty (30) day ch rectification of curing as specified in the ting .thereto, then such default shall be if Lessee, within such period of thirty (30) mmenced th e thereafter the same with theluse of such rectification and curing thereof with all due diligence to complete diligence as aforesaid. (e) The remedies given to be in addition and supplemental which Lessor may have under the Lessor in this Section 15 shall to all other rights or remedies laws then in force. 16. Lessee's Right of Termination. If Lessee is prevented from establishing or continuing its business as described in Paragraph 1. above because of any law, ordinance or regulation by any federal, state orlocal governmental authority, or order of any court prohibitingisuch business on said Premises, or any other restriction of the Premises beyond the control of Lessee, then Lessee may terminate this Lease upon written notice, in which event the rental obligation shall be abated from the date Lessee is prevented in a,manner from doing business on the Premises; provided, that Lessee agrees and covenants to use its best efforts to accomplish the removal of any such prohibition or restriction prior',to terminating this Lease pursuant to provisions of this paragraph. '. ; Reservation f uture Municipal Use- Lessor reserves the right to r - guest' pac on the tower and /or within the building of the Lessee for specific Municipal Use at a nominal rent consistent with rent charged to non - profit. organizations. 18. Notices. Any notice by either party to the other party required or permitted to be given hereunder shall be given by written notice delivered in person, by FAX or by mailing same by registered or certified mail with postage prepaid to the address of such other parity as: hereinbelow set forth; and the date of service, if served by mail shall be the date of depositing said notice in the United States mail. Notices or communications shall be addresseid to the parties as follows: LESSOR: THE T0WN OF SNOWMASS VILLAGE P.:0. Box 5010 Snowmass Village, CO 81615 doj�6 -12- ' irl3 r. 10. 109Q 10: 28AM LESSEE *ftw ROCKY MOUNTAIN P.O. Box 5559 Avon, CO 81620 • - ... W RADIO COMPANY, LLC No. 29H F. 17,19 (a) This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. All covenants herein contained shall run with the land and the provisions of this section shall apply specifically therein contained. (b) The term "Lessor" as used in this Lease so far as covenants or obligations on the part of Lessor are concerned shall be limited to mean and include only the owner or owners at the time in question of the fee of the Premises and, in the event of any transfer or transfers of such title to such fee and the delivery of written notice of such transfer to Lessee, Lessor herein named (and in the case of any subsequent transfers or conveyances, then the grantor) shall be automatically freed and relieved from and after the date written notification by the transferor to Lessee of such transfer or conveyance, of all ability as respects the performance of any covenants or obligations on the part of Lessor contained in this Lease thereafter to be performed; provided, that any funds in the hands of Lessor or the then grantor at the time of such transfer, in which Lessee has interest, shall be delivered to the grantee it being intended hereby that the covenants and obligations and contained in this Lease on the part of Lessor shall be binding on Lessor, its successors and assigns only during and in respect to their respective successive periods of ownership. 20. Litigation. Should either party hereto institute any action or proceedings in court to enforce any provision hereof or for damages by reason of an alleged breach of any provision of this Lease, the prevailing party shall be entitled to receive from the I osing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party in such action proceeding. 21. n it y oAgreement. No prior stipulation, agreement or understanding, verbal or otherwise, of the parties or their agents, with respect to the subject of this Lease or use of the Premises by Lessee, shall be valid or enforceable unless embodied in the provisions of this Lease. 22. Holdpver. If at the expiration or termination of this Lease or any extension thereof, Lessee shall holdover with the consent of Lessor, the tenancy or Lessee thereafter shall be from month to month only and shall be subject to all the other terms and -13- u0UJ.17 NIa r. 10. 1999 10, 29AN1 No, 2925 P. 18/19 conditions of this Lease in the absence of a written agreement to the contrary. 23. No waiver. The failure of Lessor or Lessee to insist in any one or more cases upon the strict performance of any or the covenants of this ',Lease shall not be construed as a waiver or a relinquishment for the future of such covenant. A receipt by Lessor for rent with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach and no waiver by either Lessor or Lessee of any provision of this Lease shall be deemed to have ',been made unless waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by Lessor or Lessee to or of any action by Lessee or Lessor requiring consent or approval by the other shall not be deemed to waive or render unnecessary consent or approval by the other to or of any subsequent similar act by the other party. IN WITNESS WHEREOF, the parties have executed this Lease effective as if executed on October 1, 1998. LESSOR: THE TOWN OF SNOWMASS VILLAGE By:, Gary 6uuiter, Town Manager D to LESSEE: ROCKY S,4 TA/N RAZdt COMPANY, LLC w r��'� -14- 0000aa iner, 11: 1. 11 1999 ' 0,: 29 AM `J EXHIBIT "A" A circle with a radius of 75 feet, the center of which consists of a radio tower situated at a point whence the Southwest Corner of Section 19, Township 9 South, Range 85 West of the 6`6 P.M. Bears S 880 341W 3885.20 feet. -15- Uuoj-:9 Chairperson Farris closed the public hearing and brought the matter back to the board for a vote. Motion passed four to zero. (Commissioner Lamont absent from voting) The takings hearing will be scheduled for the regular board meeting on January 13, 1999. ELLIOTT MINOR AMENDMENT TO A DEVELOPMENT ORDER AND PUBLIC HEARING - MOTION TO AMEND AND TABLE TO A DATE YET UNKNOWN - Cindy Houben - Director of Community Development. Carole and Steve Elliott and Rocky Mountain Radio Company. LLC (KSNO -FM); Carole and Steve Elliott and Jim True - KSNO representative Ms. Houben made her presentation as outlined in her memorandum to the Board Said memorandum, which shows specific amendments proposed by the applicants, is attached hereto and made a part of this record as EXHIBIT "I ". The first condition to be amended was existing condition 2(h). In Exhibit "I" the proposed wording for that condition is shown and will replace the earlier condition 2(h). There is also a blank that shows no vehicular trips to the tower beyond the Elliott parking area during the months of , except in emergency. The blank will be filled in to read April 15 to June 15 and September 15 to November 15. Regarding existing conditions 2(k) and 2(L) and 3, Ms. Houben informed the Board that the Elliotts have requested that the conditions on whether or not their house had to be removed if they sold the property and the new owner would need to build on the lower site of the 5,000 square foot house, they requested that those conditions be deleted and they would remain with the 3500 square foot limitation on the top on the site and there would be no building on the lower site. In the original condition, it was either or. Now, the lower site would go away and up above would be limited to 3500 square feet. Ms. Houben also added that that includes the basement area on the site. Staff agrees with applicant on the elimination of the condition relating to the lower building site. Randy Cote requested to Ms. Houben that condition 3(e) be amended by the addition of the following wording "all fencing and corral areas would be removed upon the sale of the parcel to a new owner ", to which Ms. Houben told the Board they may want to discuss this. The third issue, according to Ms. Houben, was in regard to condition 4K 1. (a) on wildfire mitigation measures. Ms. Houben has received a letter from Vince Urbina, Assistant District Forester, attached to Exhibit "I ", since his return to the site. He says the applicants have complied with wildfire mitigation regarding the 50 foot clearing around the structure. Ms. Houben is fine with the Elliott's receiving their Certificate of Occupancy per Mr. Urbina's letter. There is no longer a need to eliminate this condition relating to wildfire as the applicants are in compliance. Commissioner Tuite questioned vehicular access to this site and informed the Board that this is Pitkin Countv's last chance to have control over this. Commissioner Tuite does not like the Town of Snowmass Village deciding how much vehicular access can be limited, especially as the side BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING DECEMBER 16, 1998 that has the access in not on the Town of Snowmass Village side, but through the County side of the property Jim True said the lease with Snowmass agrees to allow four (4) sub - tenants. In addition, KSNO and the Town of Snowmass Village can use the site. KSNO has the right to do four (4) sub- tenants and there are only three (3) there now and Snowmass Village has maintained some rights, too. Commissioner Lamont said she does not recall six (6) users to be allowed. Months ago, she said, there was a tenant that was controversial and should have been off that property by now. She wanted to know why they weren't. Mr. True said for one reason that particular tenant was in Antarctica and Mr. True spoke to Mr. Elliott and was told to start eviction proceedings. Mr. True was uncomfortable with this as it felt heavv - handed with the tenant out of the country. Chairperson Farris opened the hearing to public comment. A discussion ensued among all participants regarding vehicular access, including helicopter usage and its affect on wildlife. Commissioner Ireland moved to add an additional condition, to be prepared by Deborah Quinn, Assistant County Attorney. It would be an agreement and would accompany the amendments to the Elliott 1041 Condition of Approval, signed by KSNO, and binding it, its tenants and its successors in interest to the terms and conditions of this approval. Commissioner Harper seconded the motion. Another discussion ensued still regarding vehicular access and number of trips allowed spearheaded by Commissioner Toile who was adamantly in favor of Pitkin County using this opportunity to limit access and trips. Commissioner Ireland wanted to hear how the Elluotts felt about thus. Mr. Elliott said they are in a peculiar position. In order to settle litigation, they agreed to make an application to allow vehicular access to cross this area. They can't express how they truly feel because they made an agreement to make application to allow vehicular access to cross that property. Commissioner Ireland moved to amend his original motion regarding the KSNO agreement, to include a limitation of six (6) as the total number of users and the number of trips as described in the resolution. Commissioner Harper amended her second as well. Chairperson Farris called the question on Commissioner Ireland's amended motion only. Motion passed unanimously. Chairperson Farris then called the following question. If that amendment is in the resolution, do I have a motion to approve the resolution, table the resolution or deny the resolution? BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING DECEMBER 16, 1998 u1JJ21 �Y 4f✓ Commissioner Lamont moved to table the resolution to a date unknown until a meeting can be held with the Snowmass Village Town Council in order to have an agreement among Pitkin County, Snowmass Village, KSNO and its tenants and successors in interest. Commissioner Ireland seconded the motion. Motion passed unanimously. Chairperson Farris closed the public hearing. FIRST AND FINAL READING AND PUBLIC HEARING ON RESOLUTION DENYING RURAL/REMOTE SPECIAL REVIEW FOR AGGREGATION AND PROPOSED CODE AMENDMENTS TO THE CCI "ENOUGH" CLAIM - MOTION TO CONTINUE TO FEBRUARY 10, 1999 - Lance Clarke - Deputy Director of Community Development; Castle Creek Investors, Inc - Applicant; Tim Malloy of Rock Creek Studio and Dave Myler - Applicant's representatives, Mr. Clarke proceeded with his presentation as outlined in his agenda item summary. Said summary is attached hereto and made a part of this record as EXHIBIT "J ". Mr. Clarke said this is the first request for an aggregation of Transferable Development Rights (hereafter referred to as TDRs) within the rural /remote zone districts. The Code allows this to be considered through the Special Review process. What is being proposed does not exactly fall within those Code parameters so there would have to be several Code Amendments required in order to accomplish what the applicant wants. Tim Malloy began his presentation on behalf of the applicant citing the following three critical issues. First is Alpine versus Sub - Alpine, secondly is parcel size and thirdly are access roads and drives bang free of environmental hazards. Mr. Malloy then asked for a discussion to begin on the idea of TDR aggregation and the acceptability of 2400 square foot homes A discussion ensued among all participants and the Board Chairperson Farris opened the hearing to public comment. Stirling Cooper addressed the Board and said if the Board wanted to see an example of a 1000 square foot home that's barely going to be a luxury second home, look at Hawk Greenway's house because ifs a beautiful home showing 1000 square feet versus 2400 square feet. Liz Collier was at the last Planning and Zoning meeting and there was a lot of discussion on the reality of what was intended by rural and remote and what the reality is now. She said she is hearing numbers today thrown out for Hawk's cabin that if he were in a lawsuit and sold that house right now he would get a million dollars. That is not your average person, anymore, she continued, it is not an affordable housing unit. So when you think about being locked in to what has gone before versus what is logical, she said, you start talking about acreage and she wonders if that is the best approach. If the ultimate goal is to preserve what Little Annie Basin has been, she doesn't know if there's a way to pick a certain number that isn't going to backfire down the road. She feels the goal is to look at different situations logically and if a decision is made and the BOARD OF COUNTY COMMISSIONERS l l REGULAR MEETING DECEMBER 16, 1995 00luiJL, Z MEMORANDUM TO: Pitkin County Board of County Commissioners FROM: Cindy Houben, Community Development Director THRU: Suzanne Konchan RE: Elliott Minor Amendment to a Development Order, Public Hearing DATE: December 16,1998 SUMMARY OF REQUEST: Minor amendment to a development permit to allow a change of approved conditions to Resolution #96 -241. This meeting has also been set as a public hearing since the conditions of approval were established at a public hearing. APPLICANTS: Carole and Steve Elliott and Rocky Mountain Radio Company, LLC (KSNO -FM) APPLICANT'S REPRESENTATIVES: Carole and Steve Elliott and Jim True on behalf of KSNO. LOCATION: The 35 acre parcel is located above Brush Creek Village adjacent to the KSNO tower site. ZONING: The parcel is zoned AFR -10. BACKGROUND/ STAFF RESPONSE: The applicants received 1041 Hazard Review approval via Resolution #96 -241 (attached). The BOCC approved the 1041 with specific mitigation measures. The site contained wildlife, wildfire and scenic concerns. Two envelopes were approved on the site with restrictions noting that if the Elliotts no longer owned the property, the upper homesite would be demolished and the lower homesite would be used by future owners. These restrictions were imposed because of the big game migratory corridor located within close proximity on the upper end of the parcel . There is also a migration corridor located on the lower portion of the site which is not as heavily used as the upper migration corridor. The BOCC additionally imposed a condition that the road serving the radio tower on the applicants' property would be closed and revegetated Since the time of the approval the Elliotts have constructed a home on the upper site and closed the radio tower access road. KSNO challenged the closure of the road and has since clarified their legal authority to use the access road. Therefore, the applicants wish to eliminate the condition regarding closure and the ujuj23 condition to demolish the house on the upper site at such time as they move or sell the property. The applicants also wish to eliminate a wildfire condition regarding the removal of vegetation within 30 feet of their structure. When the home was being inspected by the Zoning Officer, she did not believe that there had been adequate compliance with the wildfire conditions and only a temporary CO was issued. However, Vince Urbina of the State Forest Service inspected the site and feels that the applicants have indeed complied with the requirements and that no amendment is necessary. The applicants have now been issued a permanent CO by the Community Development Office. The specific amendments proposed by the applicants to Resolution #96 -241 are as follows: 1. Existing Condition 2(h): "The road serving the radio transmitting site shall be closed and revegetated beyond the barn building footprint, the round horse pen area, the corral horse turn out area as depicted on the site plan." Staff Response: The applicants propose to eliminate this condition totally. Staff proposes that this condition be replaced with the following language which limits the access to the tower via the existing roadway but which allows for all legal and necessary access. "There shall be no limitation to pedestrian access to the KSNO tower by the users of the tower. KSNO and the users of the tower shall endeavor to avoid vehicular access beyond the Elliott parking area when at all possible. To the extent that vehicular access is necessary, the following conditions apply: Vehicular access to the tower beyond the Elliott parking area by all users shall be limited to not more than a total of 12 events per calendar year. An event may include more than one day but not more than three days. However, during any one day there shall not be more than 4 round trips from the Elliott parking area to the tower. There shall be no vehicular trips to the tower beyond the Elliott parking area during the months of , except in emergency. To the extent possible, vehicular access shall be limited to ATV's or such other vehicle that will minimize damage to the surface and shall be limited to the existing tire track ruts. Access in the event of an emergency shall not be deemed as part of the 12 events, described above. An emergency shall be defined as any time in which any a user of the site loses its signal or the ability to transmit its signal from the tower. If any access causes damage to the road beyond the Elliott parking area, KSNO shall, at a proper time of year, repair the road to the condition prior to the damage." iiJi�J2 2. Existing Condition 2(k) and 2(1): "The identified improvements may remain on the upper building site until the sale, gift, conveyance, demise, foreclosure or judicial disposition of the interest in the property currently owned by Steve and Carole Elliott; or until the death of Carole and Steve Elliott; or until the identified improvements cease to be used as Steve and Carole's principal residence; whichever comes first. Upon the sale, gift, conveyance, demise, foreclosure or judicial disposition of the interest in the property currently owned by Steve and Carole Elliott; or the death of Carole and Steve Elliott; or at such time as the identified improvements cease to be used as Steve and Carole's principal residence; whichever comes first, all man-made improvements to the upper building site with the exception of the driveway must be removed and the site must be reclaimed." "Prior to the issuance of any building permit for the upper building site, or within one year of the date of this approval, whichever comes first, the applicants are required to post financial security sufficient to guarantee restoration and revegetation of the upper building site. The security shall be in a form approved by the Pitkin County Attorney. This restoration shall occur prior to the issuance of any permit for the lower building site." Staff Response: The applicants propose to eliminate these conditions relating to the lower building envelope. Staff agrees with the elimination of these conditions and recommends that a new condition be imposed allowing for the structures to remain in the event of a sale etc. but requiring that all structures never exceed the requirements of existing conditions # 2 c and which limits the total structures to 3500 sq. feet of floor area. This condition should also be expanded to include that this square footage includes basement space. 3. Existing Condition 3: "The conditions listed in this section apply exclusively to the Elliott/Artel Lower Building Site Plan." a. The lower building site envelope may not be improved with structures until the structures and fences on the upper building site envelope are removed and the site is restored to the satisfaction of the Community Development Director. b. The total square footage of building improvements on the lower building site envelope shall be limited to 5,000 square feet of floor area as calculated pursuant to the Pitkin County Land Use Code. C. All improvements shall take place within the designated building envelope. IJJ IJ J2 d. There may be an attached caretaker dwelling unit constructed in the free - market dwelling unit. Prior to it's occupancy a caretaker dwelling unit restriction shall be filed with the Housing Authority in a form acceptable to the Housing Authority." Staff Response: The applicants propose to eliminate this condition relating to the lower building site. Staff agrees with is request. 4. Existing Condition 4K 1. a. The Applicant shall comply with the following wildfire mitigation measure: The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural patterns have already fulfilled these conditions. a. All brush located downhill of the structure (s) shall be cleared for a distance of 30 - 50 feet. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the remaining sides of structure (s). Staff Response: There is no longer a need to eliminate this condition relating to wildfire. The applicants are in compliance. Staff Analysis: These conditions were imposed based on the sensitive nature of the location of the Elliott parcel to wildlife habitat. Please see the attached wildlife reviews done by Randy Cote and Mike Villa from the 1996 review. Randy Cote clearly preferred the lower building site based on the DOW mapping and the actual location of the elk migration corridor on the upper portion of the property. He felt that the lower site was closer to existing development and that the development of the lower site would have overall fewer impacts. While agreeing with Randy, Mike Villa noted that this site only offered a trade off situation at best. Both building envelopes had impacts to one species or another. The lower site also was in close proximity to a lesser migration corridor and it was in close proximity to a raptor cliff habitat and elk calving habitat. His recommendation for development was the upper site. Therefore the Community Development staff believes that this parcel contains many wildlife issues that any development on the parcel would require mitigation. The approval allowed for 5000 square feet to be developed on the lower site. Because the home has been established on uuO126 the upper site ( 3,500 sq. ft.) and access will be allowed through the site to the radio tower, staff recommends in favor of the applicants proposal with the permanent restrictions on the size and height of the structure and uses on the upper building envelope, (3,500 sq. ft., total structures, and 22' height limitations.) RECOMMENDATION: Staff recommends the following motion: "The BOCC" approves amendments to the Elliott 1041 conditions of approval as noted in the attached resolution ". duo ut -1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TKIN COUNTY, COLORADO AMENDING RESOLUTION 96 -241 GRANTING (I 1041 HAZARD REVIEW, SCENIC FOREGROUND AND CARETAKER V U DWELLING UNIT APPROVAL TO THE ELLIOTT/ARTEL APPLICATION 0 v7 p Resolution No. 98 - RECITALS Jacques Artel and Steve and Carole Elliott, hereinafter, "Applicant," applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board," for the following land use approvals: a. 1041 Environmental Hazard Review; b. Scenic Foreground Review; and c. Caretaker Dwelling Unit Review. 2. The applicant's land is zoned AFR -10 and contains approximately 35 acres. 3. The applicants propose to construct a single family residence and accessory structures 4. The subject site is located in an area commonly known as Aspen Ridge, Tract 5, located above Brush Creek Village Subdivision, adjacent to the Town of Snowmass Village, Pioneer Springs Ranch, the Wildcat and Cozy Point Ridge Subdivisions and more specifically described in Exhibit "A," attached. 5. The Aspen Ridge Tracts were created in October, 1974 pursuant to the Colorado Revised Statutes and were not reviewed by Pitkin County. 6 The subject site is improved with an existing driveway which traverses the site 7 Aspen Ridge Tract 5 has an irregular shape. The vast majority of the Tract is located on and below the steep cliffs descending to the Pioneer Springs Ranch. This area is not suitable for development due to severe geologic hazards. 8. Two sites were referred to in the review process; one as the "upper building site" and the other as the "lower building site." A building envelope has been identified on both sites and will be depicted on separate 1041 Site Plans approved by the Board and recorded in the Office of the Pitkin County Clerk and Recorder. 9. A radio transmitting facility is located immediately adjacent to the upper building site on the top of a knob approximately 240 above the subject site.. The radio site is regularly serviced by radio technicians. 10. The Planning and Zoning Commission, County staff, Board of County Commissioners and a representative of the Division of Wildlife have conducted site visits to the upper and lower building sites. 11. The Colorado State Division of Wildlife (hereinafter "DOW ") expert indicated that the proposed upper and lower building site's building envelopes are located within a 11tJ�JCc�' Resolution #96- Page 2 dispersed big game migratory corridor. According to the DOW expert, there is a well defined big game migratory corridor located southwest of the radio tower approximately 1,500 feet from the upper building site. Development within big game migratory corridors is regulated by Section 3.80.D. of the Pitkin County Land Use Code (hereinafter "the Code "). 12. The Pitkin County wildlife expert concurred with the DOW expert, but indicated that the lower building site's building envelope is located in closer proximity to raptor habitat than the upper envelope. Development in proximity to raptor habitat is regulated by Section 3 -80 A.9. of the Code. 13. Based upon testimony presented by both wildlife experts the applicant presented a plan to significantly limit the development potential of the upper building site. 14. The Applicant's development plan includes a commitment guaranteed by financial security to remove all improvements and reclaim the upper building site upon sale of the subject site or upon the death of Carole and Steve Elliott which ever comes first. 15. The Board found that the upper building site is already impacted by regular traffic to the radio transmitting facility. 16. The Planning and Zoning Commission heard the application at their regularly scheduled meetings on February 6 and May 28 1996 and recommended conditional 1041 Hazard, Scenic Foreground and Caretaker Dwelling Unit approval of the lower building site by the Board. 17. The Board heard this application at duly noticed public hearings July 24, 1966, July 31, 1996 at which time evidence and testimony was presented with respect to the application. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant 1041 Hazard Review, Scenic Foreground and Caretaker Dwelling Unit approval to the Elliott/Artel application subject to the following conditions. The applicant shall prepare three mylars for recording which must be approved by the Board, Pitkin County Attorney and Community Development Director. The first mylar shall depict the entire subject site and the locations of the upper and lower building site/ envelopes. The second and third mylars will be 1041 Environmental Hazard Review site plans of the Upper and Lower Building Site /Envelopes to be prepared in a form acceptable to the Board, Pitkin County Attorney and Community Development Director. The site plans shall be prepared consistent with the standards of Section 5 -70.20 H. of the Code and approved and recorded prior to the submission of a building permit application for the subject site. �, �JU.JG Resolution #96- Page 3 a. The site plans shall be labeled as the "Elliott/Ailel 1041 Environmental Hazard Review: Upper Building Site Plan" and the "Elliott/Artel 1041 Environmental Hazard Review: Lower Building Site Plan." b. The site plans shall include the following 1041 Hazard Review Warning and Disclaimer: " The provisions of these regulations do not in any way assure or imply that areas outside of designated areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." C. The site plans shall include a cross reference to this resolution which will be recorded with the Pitkin County Clerk and Recorder. d. The site plans shall include all the approval conditions listed in this resolution. 2. The conditions listed in this section shall apply exclusively to the upper building site as depicted on the "Elliott /Artel 1041 Environmental Hazard Review: Upper Building Site Plan." a. Development of the upper building site shall be located only within the building site envelope depicted on the Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan. b. The Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan shall clearly delineate the parking and drainage areas, the barn building footprint, a round horse pen area, a corral horse turn out area, water storage tank location and individual waste water disposal system area. All development shall be restricted to these areas within the building site envelope as depicted on the Site Plan. C. The barn on the upper building site envelope shall be restricted to 3,500 square feet of total floor area, all inclusive, and a 22 (twenty -two) foot height limitation as calculated pursuant to the Pitkin County Land Use Code. There may a cupola extending an additional 4 (four) feet in height above the top of the ridge on the barn. d. The applicant may construct a free - market dwelling unit within the barn provided the barn structure including the dwelling unit does not exceed 3,500 square feet of floor area including basement space. e. Fencing shall be prohibited with the exception of the entry gate, corral horse turn out area and round horse pen area. L . Resolution #96 -_ Page 4 f. outdoor lighting shall comply with the Code and be limited to the barn building footprint, a round horse pen area, a corral horse turn out area. g. Removal of natural vegetation shall be limited to the barn building footprint, a round horse pen area, a corral horse turn out area and individual waste water disposal system area. It. The road serving the radio transmitting site shall be limited to the following access provisions:: There shall be no limitation to pedestrian access to the KSNO tower) surface and shall be limited to the existing tire track ruts. Access in the event of an the damage. Areas to be revegetated shall be planted with sage, juniper, and taller species to provide valuable cover and habitat for birds and big game. j. A caretaker dwelling unit on the upper building site is prohibited. k. Front and side yard and front and side yard setbacks shall be as depicted on the site plan. 3. The conditions listed in this section shall apply to the entire property. Development in either building site envelope must comply with the following conditions, unless more particularly limited by this resolution. a. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. Foundation plans shall be submitted at the time of building permit application. jJID31 Resolution #96- Page 5 b. The Applicant shall obtain an access permit from the County Engineer, prior to issuance of a building permit. The County Engineer may vary Pitkin County Driveway standards if the variance results in less environmental degradation. Improvements to the driveway shall be limited to drainage and surfacing. C. The Applicant shall submit a drainage and erosion control plan which meets the approval of the County Engineer, prior to the issuance of a building permit. The Plan shall address drainage and erosion control as they relate to shale bedrock and soils. d. The building site shall be revegetated with native grasses to limit water consumption and additional runoff within one growing season of project completion. All drainage from roofs and paved areas shall be detained on -site through use of dry wells. C. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance; Landscape lighting shall be prohibited; Exterior building material colors shall blend with surrounding natural environment; Roofs shall be non - reflective. f. The Applicant shall comply with the recommendations of the Division of Wildlife as follows: 1. Dogs shall be kenneled when outside. The kennel shall be constructed prior to the issuance of a Certificate of Occupancy for any residence. 2. Fencing shall be prohibited except as delineated on the Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan for a round horse pen area, a corral horse turn out area. 3. Bear proof garbage containers or a shed shall be utilized to contain garbage on -site. Such containers shall be on -site prior to the issuance of the certificate of occupancy for the dwelling unit. g. Prior to the issuance of a building permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 11. The Applicant shall adhere to all material representations made in the application and in the public meetings. i. The septic system for the development shall meet the approval of the Environmental Health Department. The Applicant shall obtain such approval prior to the issuance of a building permit. Resolution #96- Page 6 j. The Applicant shall file a fireplace /woodstove permit with the Environmental Health Department prior to the issuance of a building permit (if necessary). k. The Applicant shall comply with the following wildfire mitigation measures: The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. a. All brush located downhill of the structure (s) shall be cleared for a distance of 30 -50 feet. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the remaining sides of structure(s). b. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart. Page 13, Wildfire Guidelines For Rural Homeowners). C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. e. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been complied with. In areas of aspen regeneration, the spacing guidelines shall be followed. f. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. g. The density of fuels within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 'j Ji;J;s3 Resolution #96- Page 7 h. All deadfall within the 100 foot perimeter shall be removed. i. flue applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 2. Structural Design and Construction Requirements: a. Roof construction shall be Class A, non - combustible (no wood shake /shingles) material with no flat roofs. b. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. 3. The following maintenance measures shall be adhered to: a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slash, and flammable debris. C. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. d. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. 4. The following miscellaneous measures shall be adhered to: a. Firewood /wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. b. Fences shall be kept clear of brush and debris. C. Wood fences shall not connect to the structure. d. Any outbuildings or additional structures shall adhere to the same standards as structures. g. Fuel tanks shall be installed underground with an approved container. h. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with ,jJGJ34 Resolution #96 -_ Page 8 1 materials approved for 2 hour fire - resistive construction on the exterior side of the walls. i. Each structure shall have a minimmn of one 10 pound ABC fire extinguisher. j. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. Water Supply: a. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by Pitkin County and the local fire protection district. b. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicle from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of 1000 gallon storage capacity per structure. C. Interior sprinkler systems which meet the standards of the local fire protection district and the Uniform Building Code are required. No development, including grading and vegetation removal, shall occur outside of the approved building site envelopes as identified on the Elliott /Artel 1041 Environmental Hazard Review: Upper Building Site Plan and Elliott/Artel 1041 Environmental Hazard Review: Lower Building Site Plan other than noxious weed removal, access drive construction and wildfire mitigation measures. All utility extensions shall occur underground within the access driveway except for that portion of the potable water system between the well and the access drive. m. Prior to issuance of a building permit, the applicant shall provide documentation as to whether a water augmentation plan will be required by the State Division of Water Resources to accommodate an evaporative sewage disposal system on -site. D. Prior to the issuance of a building permit, the Applicant shall reach an agreement with the Brush Creek Special Improvement District Metropolitan District for the purposes of sharing in the cost of ongoing road improvements and maintenance. To limit construction impacts to the Brush Creek road system, the Applicant shall Lj 10, SO Resolution #96- Page 9 review construction transportation schedules with the District to insure that truck load limits are complied with. This cooperation shall not be a financial obligation. o. Applicants and their successors shall cooperate with Pitkin County in whatever manner requested, including subrogation of rights, to enforce the terms of an easement benefiting Albert Vontz D /B /A KSNO -FM recorded at Book 543 Pg. 561 -572 in the Real Property Records of Pitkin County. This cooperation shall not be a financial obligation. The County will not vary or grant any additional easement rights over the property of the applicant. APPROVED AND ADOPTED ON THE 14 TH DAY OF AUGUST, 1996. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE DAY OF 11998. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Deputy Clerk APPROVED AS TO FORM: John M. Ely County Attorney case # p58 -95 parcel id# 2643- 203 -00 -015 l /reso /elliott.res UUC11,o6 Chairman Date: APPROVED AS TO CONTENT: Cindy Houben Community Development Director Ram: James R. True Ta On*Houban Date: 12)10106 Time: 00:14:91 Page 1 of MEMO TO. CINDY IIOUBAN FROM JAMI ?S R. TRITE DATE: December 9, 1998 RL: ELL1OT /KSNO APPLICATION I do believe that I was suppose to propose some additional language for your memo. Thus, based on our discussions of November 6'", I have modified the language I suggested in my letter of November 5, 1998, as follows: "lluere shall he no limitation to pedestrian access to the KSNO lower by the users of the tower. KSNO and the users of the tower shall endeavor to avoid vehicular amcss beyond the Elliot parking area when at all possible. To the extent that vehicular access is necessary, the following conditions shall apply: Vehicular access to the tower beyond the Elliott parking area by all users shall be limited to not more than a total of 12 events per calendar year. An event may include more than one day but not more than three days. However, during any one day there shall not be more than 4 round trips from the Elliot parking area to the tower. There shall be no vehicular trips to the tower beyond the Elliott parking area during the months of _ , except in an emergency. To the extent possible, vehicular access shall be limited to A'I"V's or such other vehicle that will minimize damage to the surface and shall be limited to the existing tiro track ruts. Acoess in the event of an emergency shall not be deemed as part of the 12 events, described alxwve. An emergency shall be defined as any lime in which any a user orthe site loses its signal orthe ability to transmit its signal from the lower. If any access causes damage to the road beyond the Elliot parking area, KSNO shall, at a proper time of year, repair the road to the condition prior to the damage." Please review this at your earliest convenience and call me with your conunents. 'thanks. UtjLJ337 December 9, 1998 RECEIVED t3L1; 1 0 1999 COMti'1NNITY DEVELOPMEN1 Cindy Houben Aspen /Pitkin Community Develop.merrt Department 130 South Galena Ave. Aspen, CO 81611 Re; Elliott Minor Amendment Cindy, Colo= FOREST SERVICE State Services Building 222 S. 6th Street, Room 416 Grand Junction, Colorado 81501 Telephone: (970) 248 -7325 I originally visited this site with Glen Horn on November 13, 1995 and then again on January 19, 1996 to look at an alternative building site. This site had been visited by Kelly Rogers another Colorado State Forest Service (CSFS) forester from our office in 1994. The owners have built a metal sided pole barn, which houses the owner's horse barn and a home. They have cleared away vegetation on every side of this structure. Some of this vegetation was cleared to put in driveways and /or parking. Other vegetation has been cleared to facilitate building the structure. The area of concern to the owners was in a northerly direction from the metal -sided building. That is where the four young aspen are located that the owners want to preserve. I did see these young aspen. On three of them the lower limbs have been removed to eliminate the ladder fuel situation. This complies with my usual mitigation recommendation for trees left within the defensible space zone. In addition the stand of trees north of the structure has been thinned for at least 30 feet to comply with CSFS mitigation recommendations. I suggested to the owner that they remove the lower limbs on the remaining aspen. The owners have made a concerted effort to comply with the intent of CSFS mitigation recommendations to establish defensible space. I can live with what they have done to date and hope they maintain the defensible space. Sincerely, A. Vince Urbina Assistant District Forester ,Jjujj, DOW Glnwd Spgs TEL No.6U.)- y4b -Ubb1 Dec ly.y5 lU :26 NO.UU1 F.U1 n ;:)lcn Sancano Commilnity Devel"Innn.nt i3o S. cnJcna Annon . CC) 81611. From: RandV Cot_r.. CROW R}4D FI)Jof -Artel 1041 - V1� (T G7 Attar observina the entire nronerty outline of this nronerty. I be.l.ieve that a site near the other. annroved Jouati.on% in this area would have slanlilcant.1v less imoacts than a site near the radio tower. The location that I think would be least imvactive is the 2bo ft wide Aiece of the narcel that has the road throuah the .lower and and the drive to the former Chris Smith nroncarty. 'Phis JYic_Ation would avoid Intrusion into an undisturbed area that is used much more heavily by wlldllte and is rurthar from the orimary miaration corridor between the Brush and Wildcat Winterind ranaes. This WOUld also eliminate the need to lmnrove the road tnrouan the edge of a potential calvina area as well as a unlaue spruce -fir habi-tat. vegetation on this narcel should be maintained in it's natural state extent for the fire code recommendations. Dods need to be kennelled and bear oroot trash containment should be reauired before anv Co's a issued. Fences, if erected, need to meet the Division of wildlife recommended height and desian. 'Thank you for the oovortunity to comment and it questions arise. be free to contact me. "UGJ 'j 9 JUL 15 '96 12 :34PM PITKIN PUB WORKS MEMORA TO:Ellen Sassano /Community Development FROM: Michael Villa P.1 Pmt-ft'" brant' ✓ transmittal memo 76711 #0 Fogs$ . RE: Wildlife Assessment for Aspen Ridge- -Lot three BACKGROUND fositst, r X On 5 June 1996, I was contacted by Stave Elliott, owner of lot three in the Aspen Ridge Subdivision. At that time he was interested in obtaining it biological opinion as to the placement of his building envelope. We arranged a site visit to both potential sites that occurred on the same day. SUMMARY The purpose of this memo is to document the activities and discussions that have transpired since I was initially contacted by Steve Elliott. On 5 June 1996 I had two site visits, one with Steve Elliott and the other with Randy Cote. Before the site visits, Steve provided me with a map that was produced by Glen Horn. He also provided a letter written by Rick Thompson titled Wildlife Evaluation of the Revised Residential Development Plan for the Reservoir at West Buttermilk dated, 12 October 1992. In his letter, Rick alludes to a concept that he calls an Area of Influence. This was the main topic of discussion while we were at the office. Steve initiated a discussion as to the applicability of an area of influence around a given building site. Zone of influence is defined in Ricks letter as a 200m (656 ft.) radius that is circumscribed around a building site that would provide an adequate buffer to disturbances so that a cow elk could calf. In other words, it is a recommended minimum area to which activities should be limited. It is important to note that the proposed building site is near calving habitat. It is also important to note that the issue raised by Randy Cote was directed at the impacts to migration rather than calving. In this instance, the area of influence is important and probably applies to this site, however, the concept does not necessarily apply to the issue of migration. Randy and I also went to the site for a visit on the 5th. Our discussion was primarily aimed at the migration patterns associated with the elk herd that uses lower Brush Creek and Wildcat Ranch. We discussed natural movement pattems with relation to corridors. We also hiked the property and identified the main trails that are used by migrating elk. In my site visit with Steve I was not aware of the exact locations of the migration routes. Randy showed me two primary routes as evidenced by the well developed trails and recent pellet groups. The most heavily used route is located approximately 100 motors to the west of the JUL 15 '96 12 :25PM PITKIN PUB WORKS P.2 radio tower. Ibis route is in the saddle immediately north of the area called horse ranch, The other route is approximately 500 meters east of the lower building site. It is however, not as heavily used as the upper route probably because of the steepness of the terrain. OBSERVATIONS In my opinion, both building sites are in what 1 would deem as important wildlife habitats. The lower of the two sites, while farther away from migration routes, is situated relatively close to cliff habitats. I have a concern with the cliffs that are near the lower building site because of the use by raptors as perch sites. The area is also used fairly heavily as a transitional range area by deer and elk (Cote personal comm.). I also think the lower sites has a high potential to be occupied by species that require a sage /oak ecotone. I think the benefits of one building site over the other are negligible. It would be my preference to have a building on the upper site due to my interest in nectropical birds and raptors. The only answer to this question biologically is another question, what is the objective for this piece of ground? To benefit one species or group of species, unfortunately may be detrimental to another species or group of species. RECOMMENDATIONS As I stated above, I would prefer building on the upper site. It is important to note however, that county approval is based on the WRIS mapping which in this case shows a closer proximity to the migration corridor. In this case, Randy Cote's comments are valid and should be considered in the decision. I also think that the other species that inhabit the area are important and should be considered in the approval process. This document is intended as a disclosure of the impacts. I would like to reiterate that benifits to one species or group of species may not benifit all species. Your decision will be a conscious one with respect to the species that you chose to manage for. Michael I Villa Pitkin County Wildlife Biologist „AJ41 Cindy Houban Community Development 130 S. Galena St. Aspen, CO 81611 JAMES R. TRUE Attorney -at -Law 215 S. MONARCH #102 ASPEN, COLORADO 81611 TEL (970) 925 -1202 FAX (970) 925 -3902 November 9, 1998 OWA HAND DELIVERED RE: Elliott Application to Amend 1041 Hazard Review Approval Dear Ms. Houban: I have been authorized by my client, Rocky Mountain Radio Company, LLC, d/b /a KSNO -FM, to submit this letter as permission for Steve and Carole Elliott to file an application to amend the Elliott/Artel 1041 Hazard Review Approval (Resolution No. 96 -241), to delete or amend condition 2(h), as well as other conditions thereof. As we have discussed, KSNO and the Elliotts will jointly propose appropriate conditions for access to KSNO's tower, as the application is processed. If you need anything further, please do not hesitate to call. Thank you. Sincerely, _,\ Ate= ames R. True cc: Cliff Gardiner (via FAX) Steve Elliott (via FAX) v J42 JAMES R. TRUE Attomcy -at -Law 215 S. MONARCH #102 ASPEN, COLORADO 81611 TEL (970) 925 -1202 FAX (970) 925 -3902 Cindy Houban Community Development 130 S. Galena St. Aspen, CO 81611 RE: KSNO Tower Dear Cindy November 5, 1998 I have discussed the needs of users of the tower with regard to vehicular access. They have again emphasized that the need for vehicular access to the tower itself is rare. However, KSNO does feel that it needs to reserve the ability to access the tower by vehicle for at least one event per month. Unfortunately, getting a picture of the number of trips required over the last section of the road during one event of access is somewhat difficult. If there were a significant equipment change, and none is anticipate and would most likely only occur following a catastrophe or a vacation of the site, numerous trips with a small vehicle or one or two trips with a large vehicle would be required. I do not know which would be less damaging. The individual who removed the Ski Company equipment indicated that event took five to eight trips with an ATV. But, he also indicated that he believed that the vehicle did virtually no damage. Further, if a large piece of equipment needs to be replaced, the event of replacement may have to take place over two or three days. Often the new piece cannot be properly tested until it is in position or the real problem is not determined until a piece is replaced. In either event a new piece may need to be added the next day. It is important for the users of the site to have pedestrian access to the site from the Elliott's parking lot at all times. Otherwise, I believe that a limitation of vehicular access at certain times of year, except in an emergency, would be acceptable. An emergency could be defined as a catastrophic event, such as lightening strike, loss of power, fire or other event that would cause one or more of the users of the site to lose its signal. If I may suggest a condition of approval, given this information and my understanding of what would be acceptable to all parties, I would suggest the following: uuGJ43 "Vehicular access to the tower beyond the Elliott parking area by all users shall be limited to not more than a total of 12 events per calendar year. An event may include more than one day but not more than three days. However, during any one day there shall be no more than 4 round trips from the Elliot parking area to the tower. There shall be no vehicular trips to the tower beyond the Elliott parking area during the months of except m an emergency. An emergency shall be defined as any time in which any user loses its signal or the ability to transmit its signal from the tower. There shall be no limitation to pedestrian access to the tower by the users of the tower." I look forward to discussing this with you tomorrow. Thanks. Sincerely, ames R. True cc: Cliff Gardiner Steve Elliott OUCJ44 CAROLE ELLIOTT STEVE ELLIOTT 3930 Juniper Hill Road Post Office Box 4100 Aspen, Colorado 81612 970 923 5774 November 9, 1998 CINDY HOUBEN County Community Development Director Aspen /Pitkin Community Development 130 South Galena Street Aspen, Colorado 81611 Reference: 1041 Hazard Review Resolution No. 96 -241 Dear Cindy, Please allow this writing to represent our formal application to alter the current 1041 Hazard Review referenced above (copy attached for ease of reference) We request that the verbiage of paragraph 2h be altered to allow vehicular access for KSNO tower service. My wife and I feel that the current "demolition" clause covered in paragraph 2k and 21 is sever. The spirit of the original clause was to limit traffic at the "upper" building site and we feel that the size restriction on our dwelling is adequate to that purpose without the further economic hardship of demolition. We, therefore, request the deletion of paragraphs 2k, 21 and 3. This, we feel, will allow our existing improvements to stand and we would release the right to have a "lower" building site. Further, regarding wildfire conditions, we prefer to revisit certain specifics. We have been led to believe that the sole reason for not granting our certificate of occupancy is that there are four young aspen trees deemed to be too close to our structure by the verbiage of paragraph 4k1a. We feel that certain of the requirements are excessive given our particular site conditions and the fact that our structure is all steel clad. Specifically, paragraph Okla will cause the unnecessary death of these four young aspen trees which we feel are not located within the travel pattern of fire at their proximate placement relative to our structure. We appreciate your time and consideration in these matters. CS lyCX —C.�L r CAROLE ELLIOTT LJUUJ4, 5- 0 cm RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING 1041 HAZARD REVIEW, SCENIC FOREGROUND AND CARETAKER DWELLING UNIT APPROVAL TO THE ELLIOTT /ARTEL APPLICATION Resolution No. 96 - G q I RECITALS Jacques Artel and Steve and Carole Elliott, hereinafter, "Applicant." applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board," for the following land use approvals: a. 1041 Environmental Hazard Review; b. Scenic Foreground Review; and c. Caretaker Dwelling Unit Review. 2. The applicant's land is zoned AFR -10 and contains approximately 35 acres. 3. The applicants propose to construct a single family residence and accessory structures. 4. The subject site is located in an area commonly known as Aspen Ridge, Tract 5, located above Brush Creek Village Subdivision, adjacent to the Town of Snowmass Village, Pioneer Springs Ranch, the Wildcat and Cozy Point Ridge Subdivisions and more specifically described in Exhibit "A," attached. 5. The Aspen Ridge Tracts were created in October, 1974 pursuant to the Colorado Revised Statutes and were not reviewed by Pitkin County. 6 The subject site is improved with an existing driveway which traverses the site. Aspen Ridge Tract 5 has an irregular shape. The vast majority of the Tract is located on and below the steep cliffs descending to the Pioneer Springs Ranch. This area is not suitable for development due to severe geologic hazards. 8. Two sites were referred to in the review process; one as the "upper building site" and the other as the "lower building site." A building envelope has been identified on 'both sites and will be depicted on separate 1041 Site Plans approved by the Board and recorded in the Office of the Pitkin County Clerk and Recorder. 9. A radio transmitting facility is located immediately adjacent to the upper building site on the top of a knob approximately 240 above the subject site. The radio site is regularly serviced by radio technicians. 10. The Planning and Zoning Commission, County staff, Board of County Commissioners and a representative of the Division of Wildlife have conducted site visits to the upper and lower building sites. I1. The Colorado State Division of Wildlife (hereinafter "DOW ") expert indicated that the proposed upper and lower building site's building envelopes are located within a tS(Jl�,, +O 397635 10/02/1996 08:36A PG 1 OF 11 REC DOC NOT C;r; ira nAVI8 F'ITKIN COUNTY CLERK. & RECORDER 0. [l0 Resolution #96- I// Page 2 dispersed big game migratory corridor. According to the DOW expert, there is a w, defined big game migratory corridor located southwest of the radio tower approximate 1,500 feet from the upper building site. Development within big game migrato . corridors is regulated by Section 3.80.D. of the Pitkin County Land Use Code (hereinafte "the Code "). 12• The Pitkin County wildlife expert concurred with the DOW expert, but indicated that the lower building site's building envelope is located in closer proximity to raptor habitat than the upper envelope. Development i Section 3 -80 A.9. of the Code. n proximity to raptor habitat is regulated by 13. Based upon testimony presented by both wildlife experts the applicant presented a plan to significantly limit the development potential of the upper building site. 14. The Applicant's development plan includes a commitment guaranteed by financial security to remove all improvements and reclaim the upper building site upon sale of the subject site or upon the death of Carole and Steve Elliott which ever comes first. 15. The Board found that the upper building site is already impacted by regular traffic to the radio transmitting facility. 16. The Planning and Zoning Commission heard the application at their regularly scheduled meetings on February 6 and May 28 1996 and recommended conditional 1041 Hazard, Scenic Foreground and Caretaker Dwelling Unit approval of the lower building site by the Board. 17. The Board heard this application at duly noticed public hearings July 24, 1966, July 31, 1996 at which time evidence and testimony was presented with respect to the application. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant 1041 Hazard Review, Scenic Foreground and Caretaker Dwelling Unit approval to the Elliott/Artel application subject to the following conditions. 1. The applicant shall prepare three mylars for recording which must be approved by the Board, Pitkin County Attorney and Community Development Director. The fast mylar shall depict the entire subject site and the locations of the upper and lower building site/ envelopes. The second and third mylars will be 1041 Environmental Hazard Review site plans of the Upper and Lower Building Site /Envelopes to be prepared in a form acceptable to the Board, Pitkin County Attorney and Community Development Director. The site plans shall be prepared consistent with the standards of Section 5 -70.20 H. of the Code and approved and recorded prior to the submission of a building permit application for the subject site. 397635 10/02/1996 08:36A PG 2 OF ii utj "OJI[ 7 �!J Resolution #96 -2�I Page 3 a. The site plans shall be labeled as the "Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan" and the "Elliott/Artel 1041 Environmental Hazard Review: Lower Building Site Plan." b. The site plans shall include the following 1041 Hazard Review Warning and Disclaimer: " The provisions of these regulations do not in any way assure or imply that areas outside of designated areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." C. The site plans shall include a cross reference to this resolution which will be recorded with the Pitkin County Clerk and Recorder. d. The site plans shall include all the approval conditions listed in this resolution. 2. The conditions listed in this section shall apply exclusively to the upper building site as depicted on the "Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan." a. Development of the upper building site shall be located only within the building site envelope depicted on the Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan. b. The Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan shall clearly delineate the parking and drainage areas, the barn building footprint, a round horse pen area, a corral horse turn out area, water storage tank location and individual waste water disposal system area. All development shall be restricted to these areas within the building site envelope as depicted on the Site Plan. C. The barn on the upper building site envelope shall be restricted to 3,500 square feet of total floor area, all inclusive, and a 22 (twenty -two) foot height limitation as calculated pursuant to the Pitkin County land Use Code. There may a cupola extending an additional 4 (four) feet in height above the top of the ridge on the barn. d. The applicant may construct a free - market dwelling unit within the barn provided the barn structure including the dwelling unit does not exceed 3,500 square feet of floor area. e. Fencing shall be prohibited with the exception of the entry gate, corral horse turn out area and round horse pen area. 397635 10/02/1996 03:361 PG 3 OF 11 iIU0I J4j Resolution #96� Page 4 f. Outdoor lighting shall comply with the Code and be limited to the barn building footprint. a round horse pen area, a corral horse turn out area. g. Removal of natural vegetation shall be limited to the barn building footprint, a round horse pen area, a corral horse turn out area and individual waste water disposal system area. h. The road serving the radio transmitting site shall be closed and revegetated beyond the barn building footprint, the round horse pen area, the corral horse turn out area as depicted on the site plan. i. Areas to be revegetated shall be planted with sage, juniper, and taller species to provide valuable cover and habitat for birds and big game. j. A caretaker dwelling unit on the upper building site is prohibited. k. The identified improvements may remain on the upper building site until the sale, gift, conveyance, demise, foreclosure or judicial disposition of the interest in the property currently owned by Steve and Carole Elliott; or until the death of Carole and Steve Elliott; or until the identified improvements cease to be used as Steve and Carole's principal residence; whichever comes first. Upon the of the sale, gift, conveyance, demise, foreclosure or judicial disposition of the interest in the property currently owned by Steve and Carole Elliott, or the death of Carole and Steve Elliott; or at such time as the identified improvements cease to be used as Steve and Carole's principal residence; whichever comes first, all man-made improvements to the upper building site with the exception of the driveway must be removed and the site must be reclaimed. Prior to the issuance of any building permit for the upper building site, or within one year of the date of this approval, whichever comes first, the applicants are required to post financial security sufficient to guarantee restoration and revegetation of the upper building site. The security shall be in a form approved by the Pitkin County Attorney. This restoration shall occur prior to the issuance of any permit for the lower building site. M. Front and side yard and front and side yard setbacks shall be as depicted on the site plan. 3. The conditions listed in this section apply exclusively to the Elliott/Artel Lower Building Site Plan. a. The lower building site envelope may not be improved with structures until the structures and fences on the upper building site envelope are removed and the site is restored to the satisfaction of the Community Development Director. 397635 10/02/1 946 06:36A Pr 4 OF 11 U00 J49 0 Resolution #96 - 'Gr'l' 11 Page 5 b. The total square footage of building improvements on the lower building site envelope shall be limited to 5,000 square feet of floor area as calculated pursuant to the Pitkin County Land Use Code. C. All improvements shall take place within the designated building envelope. d. There may be an attached caretaker dwelling unit constructed in the free- market dwelling unit. Prior to iVs occupancy a caretaker dwelling unit restriction shall be filed with the Housing Authority in a form acceptable to the Housing Authority. 4. The conditions listed in this section shall apply to the entire property. Development in either building site envelope must comply with the following conditions, unless more particularly limited by this resolution. a. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. Foundation plans shall be submitted at the time of building permit application. b. The Applicant shall obtain an access permit from the County Engineer, prior to issuance of a building permit. The County Engineer may vary Pitkin County Driveway standards if the variance results in less environmental degradation. Improvements to the driveway shall be limited to drainage and surfacing. C. The Applicant shall submit a drainage and erosion control plan which meets the approval of the County Engineer, prior to the issuance of a building permit. The Plan shall address drainage and erosion control as they relate to shale bedrock and soils. d. The building site shall be revegetated with native grasses to limit water consumption and additional runoff within one growing season of project completion. All drainage from roofs and paved areas shall be detained on -site through use of dry wells. e. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance; Landscape lighting shall be prohibited; Exterior building material colors shall blend with surrounding natural environment; Roofs shall be non - reflective. The Applicant shall comply with the recommendations of the Division of Wildlife as follows: Dogs shall be kenneled when outside. The kennel shall be constructed prior to the issuance of a Certificate of Occupancy for any residence. 397635 10/00/1996 08:36A PG 5 OF 11 L1LJDJ50 Resolution #96 -��Lq Page 6 2. Fencing shall be prohibited except as delineated on the Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan for a round horse pen area, a corral horse turn out area. 3. Bear proof garbage containers or a shed shall be utilized to contain garbage on -site. Such containers shall be on -site prior to the issuance of the certificate of occupancy for the dwelling unit. g. Pnor to the issuance of a building permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. h. The Applicant shall adhere to all material representations made in the application and in the public meetings. i. The septic system for the development shall meet the approval of the En�vironmental Health Department. The Applicant shall obtain such approval prior to the issuance of a building permit. j. The Applicant shall file a fireplace /woodstove permit with the Environmental Health Department prior to the issuance of a building permit (if necessary). k. The Applicant shall comply with the following wildfire mitigation measures: The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. a. All brush located downhill of the structure (s) shall be cleared for a distance of 30 -50 feet. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the remaining sides of structure (s). b. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart. Page 13, Wildfire Guidelines For Rural Homeowners). C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the 7635 10/02/1996 08:36A PG 6 OF 11 ULiO'1i51 Resolution #96- 3Y Page 7 I height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. e. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of aspen trees where the above recommendation for removal of ladder fuels have been complied with. In areas of aspen regeneration, the spacing guidelines shall be followed. f. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. g. The density of fuels within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. h. All deadfall within the 100 foot perimeter shall be removed. i. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. Z. Structural Design and Construction Requirements: a. Roof construction shall be Class A. non - combustible (no wood shake /shingles) material with no flat roofs. b. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. 3. The following maintenance measures shall be adhered to: a. Roofs and gutters shall be kept clear of debris. ' b. Yards shall be kept clear of all litter, slash, and flammable debris. C. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. d. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. 397635 10/02/1996 08:36A PG 7 OF 11 U(JC.jJ2 Resolution #96- � I f Page 8 The following miscellaneous measures shall be adhered to: a. Firewood /wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the stnicture. b. Fences shall be kept clear of brush and debris. C. Wood fences shall not connect to the structure. d. Any outbuildings or additional structures shall adhere to the same standards as structures. g. Fuel tanks shall be installed underground with an approved container. h. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. Each structure shall have a minimum of one 10 pound ABC fire extinguisher. j. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 5. Water Supply: a. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by Pitldn County and the local fine protection district. b. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicle from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of 1000 gallon storage capacity per structure. 397635 10/02/1996 06:36A PG 8 OF 11 u-joiD Resolution #964L`i Page 9 C. Interior sprinkler systems which meet the standards of the local fire protection district and the Uniform Building Code are required. 1. No development, including grading and vegetation removal, shall occur outside of the approved building site envelopes as identified on the Elliott/Artel 1041 Environmental Hazard Review: Upper Building Site Plan and Elliott/Artel 1041 Environmental Hazard Review: Lower Building Site Plan other than noxious weed removal, access drive construction and wildfire mitigation measures. All utility extensions shall occur underground within the access driveway except for that portion of the potable water system between the well and the access drive. m. Prior to issuance of a building permit, the applicant shall provide documentation as to whether a water augmentation plan will be required by the State Division of Water Resources to accommodate an evaporative sewage disposal system on -site. n. Prior to the issuance of a building permit, the Applicant shall reach an agreement with the Brush Creek Special Improvement District Metropolitan District for the purposes of sharing in the cost of ongoing road improvements and maintenance. To limit construction impacts to the Brush Creek road system, the Applicant shall review construction transportation schedules with the District to insure that truck load limits are complied with. This cooperation shall not be a financial obligation. o. Applicants and their successors shall cooperate with Pitkin County in whatever manner requested, including subrogation of rights, to enforce the terms of an easement benefiting Albert Vontz D /B /A KSNO -FM recorded at Book 543 Pg. 561 -572 in the Real Property Records of Pitkin County. This cooperation shall not be a financial obligation. The County will not vary or grant any additional easement rights over the property of the applicant. APPROVED AND ADOPTED ON THE 14 TH DAY OF AUGUST, 1996. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE n DAY OF I I A 0 1996. ATTEST: BOARD OF OF PITKIN Je ette Jot es J �� 7£ uu0J54 397635 10/02/1996 08:36A PG 5 OF 11 Resolution #96 - 91� f Page 10 Deputy Clerk APPROVED AS TO FORM: John M Ely County . Atto case # p58 -95 p=el id# 2643- 203 -00 -015 1/re /elliott.ms 397635 wicJ55 Chairman Date: APPROVED AS TO CONTENT. Cindy Houben Community Development Director 10/021'1996 08 :36A PG 10 OF 11 DEC 0 1 1998 County of Pitldn } AFFIDAVIT OF NOTICT BVi � n .':,i_ car tE v r } ss. POSTING OF A PUBLIC HEARING State of Colorado } FOR A PnXIN COUNTY DEVELOPMENT PERMIT The undersigned, being fast duly sworn, deposes and says as follows I. -5771/E A!L Z-&1C7t . being or representing an Applicant for a Pitkin County Development Permit. personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted and visible continuously from the —L&-&V of /`t QV 19M to the day of 19_ (Must be posted for at least 15 days before the public hearing). Lis. 0 Q 0 0JK Appli ant's Signature ;wom to before me this day of 9 by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public's Signature Address PUBLIC NOTICE RE: ELLIOTT MINOR AMENDMANT TO A DEVELOPMENT PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, December 16, 1998 at a regular meeting to begin at 3:00 PM before the Board of County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an application submitted by Steve & Carole Elliott, requesting approval to amend existing 1041 Hazard Review approval. The property is located at 3930 Juniper Hill Road and is described as a parcel of land being situated in sections 19 and 20, Township 9 South, Range 85 West of the 6th P.M. For further information contact Cindy Houben at the Aspen/Pitkin Community Development Department (970) 920 -5097. Copies of the proposed Resolution are available for public inspection during regular business hours in the Office of the Clerk and Recorder, 530 East Main Street, Aspen, Colorado 81611. Phone (970) 920 -5180. Jeanette Jones, Deputy County Clerk s/Dorothea Farris. Chair Board of County Commissioners Published in the Aspen Times on November 14, 1998 Pitkin County Account 002.02 uJuJa LIST OF ADJACENT PROPERTY OWNERS ARTEL Snowmass Skiing Corporation Box 1248 Aspen, CO 81612 Guy F. Grover Bayard Y. Hovdesven Box 3810 Aspen, CO 81612 y Charles W. Oliphant 4400 One Williams Center Tulsa, OK 74172 Mary Elizabeth S. Droste 270 Terrell Road San Antonio, TX 78209 Michael P . Sloan 156 Kings Highway North Westport, CT 06880 Wildcat Ranch, Ltd. c/o Wildcat Land Co. 555 E. Durant, #1 -F Aspen, CO 81611 Albert C. Droste 270 Terrell Rd. San Antonio, TX 78209 Jacques Alexis Artel 3539 J Street Eureka, CA 95503 Jacques Artel 65 Calumet Ave Hastings on Hudson, NY 10706 olicJ i3 ATTACV U©r7� aGy3-ao3 - ao -OIS COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5090 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit �nP1 174 Flat Fee i 162 Zoning and Sign 169 Public Notice Other Fees 155 Referral Fees: R131 15 Access Permit 179 County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer Other Fees 155 Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Relnspection 151 Aspen Sanitation 152 AVFD Fire Marshal Other Fees 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 166 CIS Maps RB116 Road Impact Fees TOTAL ADDRESS /PROJECT: PHONE: U CASE /PERMITH:_# OF COPIES: DATE:- INITIAL: G V 11' IA ii id la of ii II ji ! 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