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HomeMy WebLinkAboutpitkin.planning.264320300013DOCUMENT 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) It COF CASE NAME: Artel Extension of Vested Rights PROJ ADDR: 2909 Juniper Hills Dr S -T -R 20 -9 -85 _ WNIAPP: Artel, Alexis ADRF— CISIZ: PHN: P: ADR:F C /S /Z:F— PHNF- mail Addr: ALLOCATED HOURS: FEES DUE:7— FEES RCVD:— % OVER: FERRALS REF: BYF DUE: MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 612811994 ., F 6128/1994 BOCC N r o I BOCC Reso: 94-115 #371769 N° F— r F— N° � BOCC Ord: BY: PZ: HRG OFF: HO INDEX: ADMIN: PLAT RECORDED F— PLAT (BK,PG): n/a ADMIN INDEX: VR APPROVAL DATE: —612811914 VR EXPIRES:F- CASE TYP: IExtension of Vested Rights CASE TYP5: CASE TYP2: CASE TYP6: CASE TYP3: CASE TYP7: CASE TYP4: Date Scanned Location: 6128/1997 2/17/2012 CASELOAD SUMMARY SHEET PITKIN COUNTY DATE RECEIVED: 04/05/94 DATE COMPLETE: STAFF MEMBER: ES PROJECT NAME: Artel Exte. Project Address: Aspe APPLICANT: Alexis A Applicant Address: 677 CASE # P49 -94 PARCEL ID# 2643 - 203 -00 -013 Fortuna CA 95540 REPRESENTATIVE• h Representative Address /Phone: 22 57-6,551 ----------------------------------------------------- FEES: PLANNING $ 978 # APPS RECEIVED ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 978 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: _ DRC MEETING DATE P &Z MEETING DATE PUBLIC HEARING: YES NO BOCC MEETING DATE -I it NC 2S _ PUBLIC HEARING: / b� NO ESTIMATED TIME FOR BOCC: REFERRALS: Attorney _Aspen Consol S.D. _ School District Engineer _Rocky Mtn Nat Gas _ USFS (Carbondale) Housing Cross _ USFS (Aspen) Aspen Water _Holy _Aspen Fire _ Div. of Wildlife Envir.Hlth. _Basalt Fire _ BLM Manager _Carbondale Fire _ Snowmass Village Zoning Div. Water Res. Risk Manager Airport Mgr. State Forest Ser. _ _ Caucus Sheriff Geo.Survey _ Homeowners City P & Z _CO _CDOT _ Open Space Board Building Dept _Clean Air Board _ Other: DATE REFERRED: INITIALS: 4 DATE DUE: .��7U ------------------------------------- RESOLUTION #: DATE: PLAT OR SITE PLAN RECORDED AT BOOK FINAL ROUTING: DATE ROUTED: County Attorney Housing Open Space Bd. other: FILED: 000001 r � _County Engineer Envir. Health PAGES) INITIAL: Zoning Applicant Revised 04/06/93 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO GRANTING EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE ARTEL 1041 HAZARD APPROVAL Resolution 94 -//"5� RECITALS 1. Alexis Artel (hereinafter "Applicant ") applied to Pitkin County to consider an extension of vested real property rights pursuant to Section 4 -1402 of the Land Use Code for a parcel of land as described in Exhibit "A." 2. The Board considered a memorandum of the Aspen/ Pitkin County Planning Office dated June 28, 1994. 3. The Board considered the request at its regularly scheduled meeting of June 28, 1994 and found the extension to be appropriate, subject to the revision of original conditions to reflect current County legislation. NOW, THEREFORE BE IT RESOLVED that the Pitkin County Board of County Commissioners hereby grants a three year extension to the vesting period for the Artel 1041 approval, subject to the following conditions: 1. Resolution Nos. PZ -91 -27 and 91 -101 shall be repealed and replaced by Board of County Commissioners Resolution No. 94- 2. To mitigate wildfire hazard, the following measures shall be adhered to: a. 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 UUUJ02 H Resolution No. 94, %fir Page 2 fulfilled these conditions. 1) Brush, debris and non - ornamental vegetation shall be removed a minimum 10, perimeter around the structure. W -a 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30' perimeter around a structure built on flat ground. (for greater slopes ref. CSFS Safety Zone chart pg. 13 Wildfire Guidelines For Rural Homeowners) U 3) i Spacing between clumps of brush and vegetation within the 30' perimeters shall be a minimum �- of two times the height of the fuel. Maximum [� diameter of the clumps shall be two times the C. height of the fuel. All measurements shall be from the edges of the crowns of the fuel. - =d I 4) ! All branches from trees and brush within the 30' perimeter shall be pruned to a height of 1n 10' above the ground and removal of ladder fuels from around trees and brush. ' w 5) Tree crown separation within the 30' perimeters shall have a minimum of 10' between the edges of the crowns. This does not apply to mature T stands of Aspen trees where the above T, recommendation for removal of ladder fuels have been complied with. In areas of aspen ra regeneration, the spacing guidelines (c.) shall be followed. a 6) All branches which extend over the roof eaves -� shall be trimmed and all branches within 15' of the chimneys shall be removed. 7) The density of fuels within a 100' perimeter of the structures shall be reduce where natural reduction has not already occurred. 8) ! All deadfall within the 100' perimeter shall be removed. 9) j The applicant shall be responsible for the continued maintenance of the defensible space 1 vegetation requirements. b. Roof construction shall be Class A, non - combustible (nolwood shake /shingles) material. UUUU i3 Resolution No. 94- Page 3 C. Vents shall be screened w /corrosive resistant wire mesh w /mesh 1/4 inch maximum. d. Roofs and gutters shall be kept clear of debris e. Yards shall be kept clear of all litter, slash, and flammable debris. f. All flammable materials shall be stored on a contour a minimum of 15' away from any structure. g. Weeds and grasses within the 10' perimeter shall be maintained to a height not more than 6 ". h. Firewood /wood piles shall be stacked minimum 15' on a contour away from the structure. i. Fences shall be kept clear of brush and debris j. Wood fences shall not connect to the structure. k. Any outbuildings or additional structures shall adhere to the same standards as structures. 1. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure w /standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hr. fire - resistive construction on the exterior side of the walls. n. Each structure shall have a minimum of one 10 lb. ABC fire extinguisher. o. Address shall be clearly marked and visible according to NFPA 299 standards installed on a non- combustible post and sign. P. Interior sprinklering of the residence and caretaker units shall be required in the event that the units (combined) contain a total of 5,000 square feet or more. q. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the UUO,JUI Ih P m i I Cn, .a A U T c c_ -d K Resolution No. 94 Page 4 exterior of the structure (ie. hydrant). The amount of Storage capacity shall be determined by the fire protection district with a minimum of 1000 gal. storage capacity per structure. r. With the exception of utility service extensions, which shall be buried in the driveway, all development shall occur within the building enve-lope(s) designated on the site plan. 3. The applicant shall abide by recommendations made by Nick Lampir,is in his letter of December 5, 1990. They are as follows: a. Prior to issuance of a building permit, a Colorado registered professional engineer shall approve the foundation design, taking on -site mancos derived soils into consideration in design. b. The building envelope shall be set back at least 60 feet from thelcliff on the south side of the site. 4. Development impacts on wildlife shall be mitigated as follows: a. Maintainl',vegetation outside building envelope. b. Dogs shall be prohibited. C. Fencing shall comply with Division of Wildlife standards and shall be limited to the building envelope. d. Prior to issuance of a building permit, a building envelope', for a leach field and associated piping shall be approved by the Planning Department and the Division of Wildlife. In the event that the applicant and the Planning, Department cannot reach agreement on the location ',of this envelope, the envelope location shall be finally determined by the Board of County Commissioners. 5. The septic system designed for the site shall be reviewed and approved by the Environmental Health Department prior to issuance of a' building permit. 6. The applicant shall revegetate areas disturbed by construction within one growing season of construction. 7. Prior to the issuance of any building, excavation and /or foundation permits, the applicant shall provide evidence that the water well on site yields a sufficient quantity of water and satisfactory quality to provide for a primary residence i bUUJ65 —d x i U. r, h ce c" T J a n %. I Resolution No. 94 - //5� Page 5 and caretaker unit. Water well yield and water quality shall be reviewed and approved by the Environmental Health Department prior to issuance of a building permit. 8. The applicant shall apply for and receive an access permit from the County Engineer prior to issuance of a building permit. The driveway shall be constructed to meet County driveway standards. The County Engineer shall review the need for culverting associated with the proposed driveway. 9. Mitigation of potential drainage problems shall be addressed as follows: a. Residential construction shall include a perimeter foundation drainage system to direct drainage around the structure; and b. Any additional runoff created by the parcel's development shall be directed to a drywell or other collection point for natural percolation into the surrounding subsurface. 10. The applicant shall join a road improvement district for improvements to and /or maintenance of the Aspen Ridge Subdivision Road, in the event that such a district is formed. 11. Prior to issuance of a building permit, the applicant shall petition and agree to join the Brush Creek Village Road Improvement District and pay ongoing and current pro -rata unit costs for annual maintenance as provided by statute, provided there shall be equal treatment of maintenance costs within the agreement. 12. The applicant shall comply with County Air Quality standards in effect at the time of issuance of a building permit. 14. Prior to issuance of a building permit the applicant shall record a deed restriction for resident occupancy of the attached caretaker unit. The deed restriction shall be approved by the Housing Authority. Size of the caretaker unit may be that which is allowed by the County Land Use Code in effect at the time of issuance of a building permit. 15. The applicant shall prepare.a site plan for recordation which meets the approval of the Planning Department and the County Attorney. The following 1041 Hazard Review warning and disclaimer shall be placed on the Plat: "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazards will be free from hazards, or that approved mitigation measures will guarantee the C4 m a m i m I Ln Ln Ln T c Ln c x Resolution No. 94- Page 6 safety of the property." 16. All material representations made in the public hearing and in the application shall be adhered to. APPROVED AND ADOPTED ON THE 28TH DAY OF JUNE, 1994. ATTEST: Jeanette Jones, Deputy Clerk and Rlecorder APPROVED AS TO CONTENT: Suza� Konclaft, Count Planning Director i UU�:� BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO APPROVED AS TO FORM: Tim Whitsitt, County Attor A3 ,a x -n i m ri L9 10 Zh L9 L9 n a -d ._.� TO: Ellen Sassano, Planner FROM: Steve Crockett, Emergency Management Coordinator THROUGH: Bob Braudis, Sheriff DATE: June 7, 1994 RE: Artel 1041 As the fire warden for the county, the Sheriff is responsible for wildfire suppression on private, county and state lands particularly if and when it exceeds the capabilities of the jurisdictional fire department. In order to fulfill that responsibility and since the Sheriff has very limited initial attack wildfire resources in his department, he has reciprocal mutual aid agreements with and relies heavily on the Fire Protection Districts in Pitkin County to perform initial attack on wildfires at his request. The Fire Protection Districts fulfill their suppression responsibilities with an all volunteer fire departments. In addition, the Sheriff is responsible for coordinating search and rescue operations within the county and relies on the all- volunteer rescue groups to assist in fulfilling that responsibility. The Artel proposal lies within an area that is accurately mapped for X - Severe Hazard: Brush and is within the Aspen Fire Protection District. The applicant proposes to construct a single family dwelling on a 35+ acre lot. After a site visit on 5/24/94 with Kelly Rogers, from the Colorado State Forest Service and Glen Horn, the applicant's representative my general concerns with the Artel proposal revolve around the wildfire hazard on and around the proposal, access /egress to the area by emergency response personnel and water supply for fire protection. My specific concerns are as follows: WILDFIRE: The location of the building envelope and defensible space around the structure due to the slope and surrounding vegetation is a concern. Defensible space considerations for the structure should be incorporated for structure and resource protection as well as firefighter safety. �UCJE�3 The proposal is located at the top of the Brush Creek Subdivision and lies on a slopping (18 -20 %), North facing aspect. The surrounding fuels on the proposal are both live and dead surface fuels. The fuel group is brush. Surface fuels on the slopes are a mix of sagebrush, grass, oak and serviceberry. The fuel load on the building site is a relatively light to moderate but on the steeper slopes below the proposal the loading increases to both vertically and horizontally contiguous dense, thick stands of mature oakbrush. The natural vegetative patterns and rocky outcroppings on the proposed building site have contributed in part to some defensible space mitigation measures. However, due to the fuel type and loading on the slopes below the proposed building site I would recommend following the defensible space recommendations for structures built on 35 -40% slopes. RECOMMENDATIONS: Conditions of approval: I. LOCATION: 1. The building envelope shall not be located in draws, canyons or on slopes greater than 30 %. II. DEFENSIBLE SPACE: 1. 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. Brush, debris and non - ornamental vegetation shall be removed a minimum 10' perimeter around the structure. b. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30' perimeter around a structure built on flat ground. (for greater slopes ref. CSFS Safety Zone chart pg. 13 Wildfire Guidelines For Rural Homeowners) C. Spacing between clumps of brush and vegetation within the 30' 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. U(JV JJ d. All branches from trees and brush within the 30' perimeter shall be pruned to a height of 10' above the ground and removal of ladder fuels from around trees and brush. e. Tree crown separation within the 30' perimeters shall have a minimum of 10' 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 (c.) shall be followed. f. All branches which extend over the roof eaves shall be trimmed and all branches within 15' of the chimneys shall be removed. g. The density of fuels within a 100' perimeter of the structures shall be reduce where natural reduction has not already occurred. h. All deadfall within the 100' perimeter shall be removed. i. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. III. STRUCTURAL DESIGN AND CONSTRUCTION: 1. ROOFING: a. Roof construction shall be Class A, non- combustible (no wood shake /shingles) material. 2. VENTS: a. Vents shall be screened w /corrosive resistant wire mesh w /mesh 1/4 inch maximum. I �VK$4a iDi1F:T.ioyzv 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and flammable debris. 3. All flammable materials shall be stored on a contour a minimum of 15' away from any structure. 4. Weeds and grasses within the 10' perimeter shall be maintained to a height not more than 611. Lj J.;_u V. MISCELLANEOUS: 1. Firewood /wood piles shall be stacked minimum 15' on a contour away from the structure. 2. Pools /ponds shall be accessible to F.D. vehicle 3. Fences shall be kept clear of brush and debris. 4. Wood fences shall not connect to the structure. 5. Any outbuildings or additional structures shall adhere to the same standards as structures. 6 Fuel tanks shall be installed underground with an approved container. 7. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure w /standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hr. fire - resistive construction on the exterior side of the walls. S. Each structure shall have a minimum of one 10 lb. ABC fire extinguisher. 9. Address shall be clearly marked and visible according to NFPA 299 standards installed on a non - combustible post and sign. VI. ACCESS: The 3.5 mile long access to the proposal is initially via the paved Brush Creek Subdivision Road and thence via an unimproved dirt, 16' wide, single access /egress, subdivision road that has an occasional 15% grade. The addition of another structure in this area can only exacerbate an already deficient access situation. IONS: Conditions of approval: 1. Where feasible, looped routes of access /egress to the main artery /highway shall be incorporated and built to CSFS and /or NFPA 299 road standards. Looped routes of access /egress is defined as 2 or more dedicated access roads to the main artery/ highway for widely separated ingress /egress; looped drives w /one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, all roadways shall have vehicular turnaround areas a maximum of 750' apart installed between the road intersection and its terminus. Such turnaround areas shall be the same standard as cul -de -sac turnaround pads. These may be incorporated into the proposed driveway U0`l;;J1 entries. 2. Dead -end Streets (not cul -de -sacs) shall not be permitted. 3. Cul -de -sacs turn around pads shall meet the local fire protection district standards and have a minimum of a 30' drivable surface inside turning radius. 4. The driveways and access roadway shall enter the roadway at a ninety degree angle for the first 25' of the driveway. VII. WATER SUPPLY: The proposal is not currently served by any pressured water system. Once again, the lack of adequate water supply for the subdivision as a whole has been identified in previous land use applications in the same subdivision. And once again, the addition of another structure in this area can only exacerbate an already deficient situation. IONS: Conditions of approval: 1. In lieu of a pressured system, the addition of an adequately sized as determined by CSFS /PCSO /FPD, accessible pond with a dry hydrant located adjacent to the proposal. 2. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicle from the exterior of the structure (ie. hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of 1000 gal. storage capacity per structure. VIII.UTILITIES: 1. Utility lines shall be buried. cc: Kelly Rogers, Grand Junction District, Colorado State Forest Service Darryl Grob, Chief, Aspen Fire Protection District uu0j_' 2 June 3, 1994 Ellen Sassano Aspen /Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 Re: Artel 1041 Wildfire Hazard Review Dear Ellen, FOREST SERVICE State Services Building 222 S. 6th Street, Room 416 Grand ]unction, Colorado 81501 Telephone (303) 248 -7325 I have reviewed the building application for the Artel parcel, submitted by Davis Horn, Inc., and visited the site on May 24th, 1994. 1 have the following comments with regard to wildfire hazards. Vegetation on the Artel lot consists of patchy oak and serviceberry brush approximately 2 to 8 feet in height. Slope is about 15% on this site. The building envelope as identified on the site plan contains fairly low brush interspersed with bare, rocky outcrops. Other portions of the lot have more dense, higher brush. The site has been mapped as severe wildfire hazard; the vegetation and slope on much of this lot pose a significant threat from wildfire. Under favorable burning conditions, a fire originating below this site would probably be quite intense and difficult to control. This risk should be mitigated substantially by implementing the measures specified under the Wildfire section in the application. Additional mitigation measures on this site should include: - Vegetation thinning and landscaping to a minimum of 45 feet around the structure with a minimum of 10 feet crown separation between clumps of oak /serviceberry. Remaining clumps should not have a crown diameter in excess of 10 feet. Dead limbs and ladder fuels that would carry fire into the crowns of brush should be eliminated. Slash should be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. - Vegetation density should be reduced by thinning out to a distance of at least 100 feet and possibly more on the downhill side of the structure if the actual footprint is on the steeper ground of this parcel. - Maintenance of this "defensible space" as specified should be emphasized in order to retain its value as wildfire �, X13 L� IM hazard mitigation. Oak and serviceberry tend to sprout vigorously after cutting, so it will be necessary to trim back vegetation every year or two. Thanks for the opportunity to review this proposal. Please contact me if you have questions about these comments. Sincerely, Kelly Rogers Asst. District Forester cc: Steve Crockett, Pitkin Co. Sheriff's Office Glen Horn, Davis -Horn Inc. UUCUi4 AGENDA ITEM SUMMARY TO: Board of County Commissioners THRU: Reid Haughey, County Manager � Suzanne Konchan, County Planning Director 0r / FROM: Ellen Sassano, Planning Office RE: Artel Extension of Vested Rights DATE: June 28, 1994 SUMMARY: Staff recommends conditional approval of the application. APPLICANT: Alexis Artel LOCATION: Parcel 2 of the Aspen Ridge Property, on the north side of Brush Creek Road, above Brush Creek Village; Section 20, Township 9 South, Range 85 West. REQUEST: Pursuant to Section 4 -1402 of the Land Use Code, the applicant requests an extension of vesting for a period of three years. PRIMARY ISSUES: 1. Kelly Rogers and Steve Crockett recommend that the original conditions of approval be amended based on more recently developed conditions for mitigation of wildfire hazards. Ed Van Walraven indicates that the residence and caretaker unit must comply with current Uniform Fire Code criteria with respect to interior sprinklering. Mr. Roger's, Mr. Crockett's and Mr. Van Walraven's recommendations for revised conditions are included on pages 3, 4 and 5 of the Staff memorandum. RECOMMENDATION: Staff recommends conditional approval of the application. U &CJ�5 TO: Board of County Commissioners THRU: Reid Haughey, County Manager Suzanne Konchan, County Planning Director FROM: Ellen Sassano, Planning Office RE: Artel Extension of Vested Rights DATE: June 28, 1994 REQUEST: Pursuant to Section 4 -1402 of the Land Use Code, the applicant requests an extension of vesting for a period of three years. BACKGROUND: The Board and Planning Commission granted General Submission and 1041 Hazard approvals for the Artel property pursuant to Resolution No's. 91 -101 and PZ- 91 -27, respectively. A Planning Director approval was granted for Scenic Over lay /Ridgeline Review of the proposed development. The parcel was reviewed for geologic, wildlife and wildfire hazards. A building envelope was approved for one single family residence and one attached caretaker unit. APPLICANT: Alexis Artel APPLICANT'S REPRESENTATIVE: Glenn Horn LOCATION: Parcel 2 of the Aspen Ridge Property, on the north side of Brush Creek Road, above Brush Creek Village; Section 20, Township 9 South, Range 85 West. ZONING: The site is approximately 35 acres in size and is zoned AF -1. ACCESS: The site is accessed through Brush Creek Village Subdivision on Juniper Hill Road. At termination of the Road, the site is accessed via an existing, unpaved, 12 foot wide driveway that serves the subject site and 4 other 35+ acre tracts. WATER: Water will be provided by a proposed on -site well. SEWER: A septic system is proposed to accommodate sewage disposal. uLJCJ�6 REFERRAL AGENCY COMMENTS: 1. Colorado Forest Service/ sheriff: Kelly Rogers and Steve Crockett recommend that the original conditions of approval be amended based on more recently developed conditions for mitigation of wildfire hazards. Mr. Roger's and Mr. Crockett's recommendations for revised conditions are included on pages 3, 4 and 5 of this memo. 2. Aspen Fire District: Ed Van Walraven indicates that the residence and caretaker unit must comply with current Uniform Fire Code criteria with respect to interior sprinklering. STAFF COMMENTS: Pursuant to Section 4 -1402 of the Land Use Code, the following criteria applies to the term of a vested property right: " An approval may be extended by the Board of County Commissioners as appropriate in their complete discretion on a case -by -case basis. The Board shall consider both the needs of the County and the applicant in determining to extend the period of development approval beyond three (3) years. An extension may be in the form of a development agreement duly authorized and executed by the applicant and the County. Reasonable conditions may be imposed by the Board when granting any such extension." Since approval in 1991, Staff is aware of the following legislative changes which affect this parcel: 1. A revised edition of the Pitkin County Land Use Code became effective on June 12, 1994. Pursuant to Section 3 -807, new wildfire mitigation measures were codified. These measures are reflected in conditions recommended by Staff on pages 3, 4 and 5 of this memo. Pursuant to Section 3 -1909, residential construction on single family lots is limited to a total floor area of 15,000 sq. ft. Residential structures exceeding 15,000 square feet of total floor area are subject to Special Review by the County. In the event that a home of larger than 15,000 square feet of floor area is proposed on -site, it will be subject to special review. As the parcel exceeds 20 acres in size, floor area calculations shall be based on residential square footage only. Revisions to the Caretaker Dwelling Unit provisions were also adopted. The allowable caretaker unit size has increased from 500 to 700 square feet of floor area, and the total floor area of the principal and caretaker units cannot exceed the total allowable floor area of the zone district (15,000 sq. ft.). 2 U (JCJi7 2. An amendment to the Uniform Fire Code was adopted and effective on July 31, 1991. The amendment stipulates that interior sprinklering shall be required in houses which are 5,000 square feet in size or more, and within more than a five minute response time from a fire station, and /or which are found difficult to access by the Fire Marshal. No other mapping or ordinances affecting the approval on this parcel have been adopted and /or enacted since 1991. ALTERNATIVES: The BOCC may: 1. Extend vested real property rights; or 2. Extend vested property rights with new conditions; or 3. Deny the request for extension of vested property rights. RECOMMENDATION Staff recommends that the Board grant approval of an extension of the vesting period for three years subject to the following conditions: 1. Resolution Nos. PZ -91 -27 and 91 -101 shall be repealed and replaced by Board of County Commissioners Resolution No. 94- 2. To mitigate wildfire hazard, the following measures shall be adhered to: a. 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. 1) Brush, debris and non - ornamental vegetation shall be removed a minimum 10' perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30' perimeter around a structure built on flat ground. (for greater slopes ref. CSFS Safety Zone chart pg. 13 Wildfire Guidelines For Rural Homeowners) 3 ��':J'8 3) Spacing between clumps of brush and vegetation within the 30' 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. 4) All branches from trees and brush within the 30' perimeter shall be pruned to a height of 10' above the ground and removal of ladder fuels from around trees and brush. 5) Tree crown separation within the 30' perimeters shall have a minimum of 10' 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 (c.) shall be followed. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15' of the chimneys shall be removed. 7) The density of fuels within a 100' perimeter of the structures shall be reduce where natural reduction has not already occurred. 8) All deadfall within the 100' perimeter shall be removed. 9) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. b. Roof construction shall be Class A, non - combustible (no wood shake /shingles) material. C. Vents shall be screened w /corrosive resistant wire mesh w /mesh 1/4 inch maximum. d. Roofs and gutters shall be kept clear of debris. e. Yards shall be kept clear of all litter, slash, and flammable debris. f. All flammable materials shall be stored on a contour a minimum of 15' away from any structure. g. Weeds and grasses within the 10' perimeter shall be maintained to a height not more than 611. h. Firewood /wood piles shall be stacked minimum 15' on 4 a contour away from the structure. i. Fences shall be kept clear of brush and debris. j. Wood fences shall not connect to the structure. k. Any outbuildings or additional structures shall adhere to the same standards as structures. 1. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure w /standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hr. fire - resistive construction on the exterior side of the walls. n. Each structure shall have a minimum of one 10 lb. ABC fire extinguisher. o. Address shall be clearly marked and visible according to NFPA 299 standards installed on a non- combustible post and sign. P. Interior sprinklering of the residence and caretaker units shall be required in the event that the units (combined) contain a total of 5,000 square feet or more. q. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure (ie. hydrant) . The amount of storage capacity shall be determined by the fire protection district with a minimum of 1000 gal. storage capacity per structure. r. With the exception of utility service extensions, which shall be buried in the driveway, all development shall occur within the building envelope(s) designated on the site plan. 3. The applicant shall abide by recommendations made by Nick Lampiris in his letter of December 5, 1990. They are as follows: a. Prior to issuance of a building permit, a Colorado registered professional engineer shall approve the foundation design, taking on -site mancos derived soils into consideration in design. b. The building envelope shall be set back at least 60 feet 5 UUCJ20 from the cliff on the south side of the site. 4. Development impacts on wildlife shall be mitigated as follows: a. Maintain vegetation outside building envelope. b. Dogs shall be prohibited. C. Fencing shall comply with Division of Wildlife standards and shall be limited to the building envelope. d. Prior to issuance of a building permit, a building envelope for a leach field and associated piping shall be approved by the Planning Department and the Division of Wildlife. In the event that the applicant and the Planning Department cannot reach agreement on the location of this envelope, the envelope location shall be finally determined by the Board of County Commissioners. 5. The septic system designed for the site shall be reviewed and approved by the Environmental Health Department prior to issuance of a building permit. 6. The applicant shall revegetate areas disturbed by construction within one growing season of construction. 7. Prior to the issuance of any building, excavation and /or foundation permits, the applicant shall provide evidence that the water well on site yields a sufficient quantity of water and satisfactory quality to provide for a primary residence and caretaker unit. water well yield and water quality shall be reviewed and approved by the Environmental Health Department prior to issuance of a building permit. 8. The applicant shall apply for and receive an access permit from the County Engineer prior to issuance of a building permit. The driveway shall be constructed to meet County driveway standards. The County Engineer shall review the need for culverting associated with the proposed driveway. 9. Mitigation of potential drainage problems shall be addressed as follows: a. Residential construction shall include a perimeter foundation drainage system to direct drainage around the structure; and b. Any additional runoff created by the parcel's development shall be directed to a drywell or other collection point for natural percolation into the surrounding subsurface. 10. The applicant shall join a road improvement district for improvements to and /or maintenance of the Aspen Ridge Subdivision Road, in the event that such a district is formed. 6 uuU21 11. The applicant shall petition and agree to join the Brush Creek Village Road Improvement District and pay ongoing and current pro -rata unit costs for annual maintenance as provided by statute, provided there shall be equal treatment of maintenance costs within the agreement. 12. The applicant shall comply with County Air Quality standards in effect at the time of issuance of a building permit. 14. Prior to issuance of a building permit the applicant shall record a deed restriction for resident occupancy of the attached caretaker unit. The deed restriction shall be approved by the Housing Authority. Size of the caretaker unit may be that which is allowed by the County Land Use Code in effect at the time of issuance of a building permit. 15. The applicant shall prepare a site plan for recordation which meets the approval of the Planning Department and the County Attorney. The following 1041 Hazard Review warning and disclaimer shall be placed on the Plat: "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazards will be free from hazards, or that approved mitigation measures will guarantee the safety of the property." 16. All material representations made in the public hearing and in the application shall be adhered to. els memo artel vestextens 7 VLiU �O cry YO 186.x{ Wes IE L G L'ItiL Sca I e: i "- 20 O =+337834 10 %C�7 "`91 1 ,�: 14 Rec $. CiC, BF 660 F- 80 Silvia DaviSYMn+` Ln Cnty Clerk:, Doc RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO GRANTING GENERAL SUBMISSION AND UNIT APPROVAL TO THE ARTEL APPLICATION Resolution No. 91 -,'�/! WHEREAS, Jacques Alexis Artel, hereinafter "Applicant ", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board ", for General Submission approval for the construction of a single - family residence containing a caretaker unit on a metes and bounds parcel, pursuant to Sections 6 -3 and 3 -8.13 of the Pitkin County Land Use Code; and WHEREAS, the Applicant's parcel is zoned AF -1 and contains approximately 35 acres; and r� WHEREAS, said parcel is located above the Brush Creek Village V Subdivision within a parcel created as part of the Aspen Ridge X. Subdivision, and is bordered by the Cozy Point Ridge Subdivision to the east, the Droste Pioneer Springs Ranch Subdivision to the south and Lot 4 Aspen Ridge Subdivision to the West; and WHEREAS, the Planning and Zoning Commission heard the application at their regularly scheduled meeting on June 4, 1991, at which time they approved a 1041 Hazard Review and recommended approval of the General Submission; and WHEREAS, the Board heard this application at their regularly scheduled meeting on July 23, 1991, at which time evidence and testimony was presented with respect to this application; and Fit_,n Cnty Clark 5iivia Dad s Resolution No. 91 -YLL Page 2 WHEREAS, the Board finds that the Applicants have complied with General Submission and caretaker unit criteria, pursuant to Sections 6 -3 and 3 -8.13 of the Land Use Code; and NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant General Submission and caretaker unit approval to the Artel application subject to the following conditions: !,15;_ : _ 1. The applicant shall revegetate areas disturbed by construction within one growing season of construction. 2. The septic system designed for the site shall be reviewed and approved by the Environmental Health Department prior to issuance of a building permit. 3. Prior to issuance of a building permit, a building envelope for a leach field and associated piping shall be approved by the Planning Department and the Division of Wildlife. In the event that the applicant and the Planning Department cannot reach agreement on the location of this envelope, the envelope location shall be finally determined by the Planning Commission. 4. Prior to the issuance of any building, excavation and /or foundation permits, the applicant shall provide evidence that the water well on site yields a sufficient quantity of water and satisfactory quality to provide for a primary residence and caretaker unit. Water well yield and water quality shall be reviewed and approved by the Environmental Health Department prior to issuance of a building permit. 5. The applicant shall apply for and receive an access permit from the County Engineer prior to issuance of a building permit. The driveway shall be constructed to meet County driveway standards. The County Engineer shall review the need for culverting associated with the proposed driveway. 6. Mitigation of potential drainage problems shall be addressed as follows: a. Residential construction should include a perimeter foundation drainage system to direct drainage around the structure; and uUGJCS tiJI�S!Oj jb: .•} Fe_, .�. -- -.r 3 r37834 _ _ �y id. Davis, r Resolution No. 91 -,,-ILI Page 3 b. Any additional runoff created by the parcel's development should be directed to a drywell or other collection point for natural percolation into the surrounding subsurface. 7. The applicant shall join a road improvement district for improvements to and /or maintenance of the Aspen Ridge Subdivision Road, in the event that such a district is formed. S. The applicant shall petition and agree to join the Brush Creek Village Road Improvement District and pay ongoing and current pro -rata unit costs for annual maintenance as provided by statute, provided there shall be equal treatment of maintenance costs within the agreement. 9. The applicant shall comply with County Air Quality standards for woodburning devices in effect at the time of issuance of a building permit. 10. All utilities shall be extended underground along the access road alignment. 11. Prior to issuance of a building permit the applicant shall record a deed restriction for resident occupancy of the attached caretaker unit. The deed restriction shall be ( approved by the Housing Authority. Size of the caretaker unit k.1 may be that which is allowed by the County Land Use Code in effect at the time of issuance of a building permit. 12. The applicant shall prepare a site plan for recordation which meets the approval of the Planning Department and the County Attorney. 13. All material representations made in the public hearing and in the application shall be adhered to. APPROVED by the Board of County Commissioners at its regular meeting on July 23, 1991. i�Ui,J" �-6 (✓, Resolution No. 91-&-1 Page 4 ATTEST: je,Anette Jones,/' 46puty CountyjClerk APPROVED AS TO FORM: Timothy E. sitt, County orney RESO ARTEL BOCC #337834 10/ 28/91 16:14 Rec$ -00 Silvia Davis, Fitk:in Cnty C u(4�J �' 1 BOARD OF COUNTY COMMISSIONERS OF PIT IN COUNTY, COLORADO By Wayne thridge, Ch i man Date �1 APPROVED AS TO CONTENT: z Amp arge , P1 ing rector Bk:: 660 PG 83 Doc $ -no l ; 1 ORDER NO: 00017902 1 SCHEDULE A PROPERTY DESCRIPTION Artel General Submission EXHIBIT "A" A parcel of land being situated in Section 20, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as follows: Beginning at a point from wnence the Southwest corner of said Section 20 bears S. 80 degrees 32 minutes 18 seconds W. 2875.32 feet; thence West 1797.88 feet; thence North, 848.00 feet; thence East, 1797.88 feet; thence South 848.00 feet to the point of beginning. County of Pitkin, State of Colorado #E337834 10/28/91 16:14 kec $.00 BK 660 PG 84 Silvia Davis, Pitkin Cnty Clerk, Doc $-00 u0CJ23 3822 11/222/91 16. 15 Rec`$. , BK 662 PG 777 Silvia Davis, Pitkin Cnty Clerk, Doc $.vn RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITRIN COUNTY, COLORADO, RECOMMENDING GENERAL SUBMISSION APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS AND GRANTING 1041 ENVIRONMENTAL HAZARD REVIEW APPROVAL TO THE JACQUES ALEXIS ARTEL APPLICATION Resolution No. 91- WHEREAS, Jacques Alexis Artel, hereinafter "Applicant ", has applied to the Planning and Zoning Commission of Pitkin County, Colorado, hereinafter "Commission ", for 1041 Environmental Hazard Review approval for the construction of a single - family residence containing a caretaker unit on a metes and bound parcel pursuant to Sections 5 -400 of the Pitkin County Land Use Code; and WHEREAS, the applicant's parcel is zoned AF -1, contains approximately 35 acres and, due to the presence of geologic and wildfire hazards and wildlife habitat, is located within an area of Local and State Interest pursuant to Section 5 -400 of the Pitkin County Land Use Code, hereinafter referred to as "the Code "; and WHEREAS, the applicant's parcel is also located within the Scenic Overlay District and must comply with the regulations of Section 3 -1.13 of the Code; and WHEREAS, said parcel is located above the Brush Creek Village Subdivision within a parcel created as part of the Aspen Ridge Subdivision, and is bordered by the Cozy Point Ridge Subdivision to the east, the Droste Pioneer Springs Ranch Subdivision to the south and Lot 4 Aspen Ridge Subdivision to the West; and liucjl� # iBE 11/22/91 16:15 Rec $`%10)0 662 PG 778 Silvia Davis, Pitkin Cnty Clerk, Doc $ -00 Resolution No. PZ -94 -CI?17' Page 2 WHEREAS, the Commission heard the application at a duly noticed public hearing at their regularly scheduled meeting on June 4, 1991 at which time evidence and testimony were presented with respect to this application; and WHEREAS, the Aspen - Pitkin Planning Office staff visited the site on two occasions to determine if on -site development will meet the Code criteria for a Scenic Overlay review Planning Director Sign -off pursuant to Section 3 -1.13 D. of the Code; WHEREAS, the Aspen - Pitkin Planning Office Staff and the Planning Director did find that if on -site development is limited to within the designated building envelope that development cannot be seen from the designated corridors as defined in Section 3 -1.13 (B)(1); and WHEREAS, the Planning Director has approved the development of the subject site in accordance with Section 3 -1.13 (D)(1)(a) of the Code provided that all structures are located within the building envelope designated on the Jacques Alexis Artel 1041 Environmental Hazard Review Site Plan as recorded with the Pitkin County Clerk and Recorder; and WHEREAS, the Commission reviewed the application for compliance with the Building Permit /General Submission review criteria pursuant to Section 18 -2.3 of the Code and recommended that the Board of County Commissioners grant General Submission approval; and WHEREAS, the Commission finds that the Applicant has complied with the criteria for development within an Area of Local and State u�s�J3O #335 "1/22/91 16 :15 Rec $.00,.,`. S2 PS 779 Silvia -_vis, Pitkin Cnty Clerk, DL_ $.00 Resolution No. PZ -90--gf Page 3 Interest in accordance with Sections 5 -401, 5 -403 and 5 -404 of the Code; NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby recommend General Submission approval to the Board. BE IT FURTHER RESOLVED that the Commission grants 1041 Environmental Hazard Review approval to the Jacques Alexis Artel application subject to the following conditions: GEOLOGIC 1. The applicant shall abide by recommendations made by Nick Lampiris in his letter of December 5, 1990. They are as follows: a. Soils engineering studies shall be performed prior to issuance of a building permit to insure proper foundation design by a structural engineer on the mancos derived soils on site. b. The building envelope shall be set back at least 60 feet from the cliff on the south side of the site. WILDFIRE 2. The following wildfire mitigation measures shall be adhered to and shall be place as conditions of approval on the 1041 Site Plan: a. Roof coverings shall be of a non - combustible Underwriter Laboratory approved material. b. Brush and debris shall be kept at least ten feet away from the base of the home. Dead branches, stumps and other potential fuels will be removed for a distance of at least 30 feet from all proposed structures. c. Stack firewood uphill or on a contour away from buildings. Keep fire fuels away from stacked wood. d. Place at least one 10 -pound ABC -class fire extinguisher in each structure. A 50 -foot garden hose connected to the hot water heater drain is useful in a fire emergency inside the house. e. Power and utility lines shall be installed underground. #33BS22'Y1 2/91 16:15 Rec x.00 BK'`96_ 'G 780 Silvia Davis, Pitkin Cnty Clerk, Doc x.00 Resolution No. PZ -90 -,9*7 Page 4 f. A water storage tank shall be installed on site for fire protection. Design, location and capacity for tank shall be approved by the Fire Marshall prior to issuance of a building permit. g. The driveway shall be improved to meet County Driveway standards. Driveway design shall be reviewed and approved by the County Engineer prior to issuance of an access or building permit. h. Access to the site shall comply with the fire apparatus access road standards pursuant to Section 10.207 of the Uniform Fire Code. WILDLIFE 3. Development impacts on wildlife shall be mitigated as follows and shall be placed as conditions of approval on the 1041 Site Plan: a. Maintain native vegetation outside building envelope. b. Dogs shall be prohibited. C. Fencing shall comply with Division of Wildlife standards and shall be limited to the building envelope area. d. Prior to issuance of a building permit, a building envelope for a leach field and associated piping shall be approved by the Planning Department and the Division of Wildlife. In the event that the applicant and the Planning Department cannot reach agreement on the location of this envelope, the envelope location shall be finally determined by the Planning Commission. GENERAL SUBMISSION 1. The applicant shall revegetate areas disturbed by construction within one growing season of construction. 2. The septic system designed for the site shall be reviewed and approved by the Environmental Health Department prior to issuance of a building permit. 3. Prior to signature of the General Submission Resolution by the Board Chairman the applicant shall provide evidence that the water well on site yields a sufficient quantity of water and satisfactory quality to provide for a primary residence and caretaker unit. Water well yield and water quality shall be L;oCJJ2 1/C </91 16:15 Fec s.oC�0[1 662 CPG 781 Pitkin Cnty Cler6,,,,.D Silvia ��vis, Resolution No. PZ -9¢- " Page 5 reviewed and approved by the Environmental Health Department prior to issuance of a building permit. 4. The applicant shall apply for and receive an access permit from the County Engineer prior to issuance of a building permit. The driveway shall be constructed to meet County driveway standards. The County Engineer shall review the need for culverting associated with the proposed driveway. 5. Mitigation of potential drainage problems shall be addressed as follows: a. Residential construction should include a perimeter foundation drainage system to direct drainage around the structure; and b. Any additional runoff created by the parcel's development should be directed to a drywell or other collection point for natural percolation into the surrounding subsurface. 6. The applicant shall join a road improvement district for improvements to and /or maintenance of the Aspen Ridge Subdivision Road, in the event that such a district is formed. 7. The applicant shall provide documentation of a maintenance and improvement agreement with the Brush Creek Village Road Improvement District prior to signature of the General Submission Resolution by the Board Chairman. 8. The applicant shall comply with County Air Quality standards for woodburning devices in effect at the time of issuance of a building permit. 9. All utilities shall be extended underground along the access road alignment. 10. The applicant shall prepare a site plan for recordation which meets the approval of the Planning Department and the County Attorney. 11. All material representations made in the public hearing and in the application shall be adhered to. APPROVED by the Commission at its regular meeting on June 4, 1991. uoCi33 #:33882:;z--11/22/91 16:15 ReC x.00 BK- 662 PG 782 Silvia"vba a, Pitkin Cnty Clerk, 'bda .00 Resolution No. PZ -90-06%W/ Page 6 ATTEST: Deborah Skeehan, Administrative Assistant APPROVED AS TO FORM: reso artel -pz 6u0j3", PITRIN COUNTY PLANNING AND ZONING COMMISSION BY % Jim Reser, Chairman APPROVED AS TO CONTENT: Su Konch t n, Planning Director �A #33SS22 11/22/91 16:15 Rec s.00 EKDa6622 DPG 783 Silvia Davis, Pitkin Cnty Clerk, EXHIBIT "A" A parcel of land being situated in Section 20, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as follows: Beginning at a point from whence the Southwest corner of said Section 20 bears S. 80 degrees 32 minutes 18 seconds W. 2875.32 feet; thence West 1797.88 feet; thence North, 848.00 feet; thence East, 1797.88 feet; thence South 848.00 feet to the point of beginning. County of Pitkin, State of Colorado uU -Cij5 ALE %IS ARTEL 677 Main Street Fortuna, CA. 95540 (707) 725 -1778 Ellen Sassano Asp en-Pit kin Planning Office 130 S. Gallen St. Aspen, CO. 81611 4/12/94 Dear Ellen, CM i5 This letter is to inform you that Glennn Horn of Davis Horn, Inc. will repr sent me regarding my appplication to extend vested rights related to my 1041 apPproval. I have asked Ms. Wolf to forward any correspondence to Glenn. Please contact me at 707- 443 -2295 if necessary. Thanks for your assistance. Sincerely, Alexis Artel cc: Glenn Horn, Davis Horn, Inc. f U V U V AL XIS ARTEL 677 Main Street Fortuna, CA. 95540 (707) 725 -1778 Ellen Sassano Aspen- Pitkin Planning Office 130 S. Galena St. Aspen, CO. 81611 4/1/94 Dear Ellen, APR - g 1991 This letter is to apply to extend the vested rights related to my 1041 approval of 1991 for my lot known as lot #2 of the Aspen Ridge subdivision. I have enclosed a check for $1,000 as a deposit for required fees. My office phone is 707 - 443 -2295 and my fax # is 707 - 443 -3730. Thanks for your assistance. Sincerely, A40� Alexis Artel cc: Glenn Horn, Davis Horn, Inc. UUCiJ1 . i 1 STEWART TITLE OF ASPEN, INC. O c t o d e r 22. 167, U HYMAN • ASPEN, COLORADO 81611 • 1303) 925 -3577 Davis Horn, Inc. 300 E. Hyman, Suite B Aspen, CO 81611 Attn: Glenn Horn Re: Suurrounding property owners of Jacques Alexis Artel, described on the enclosed Exhibit "A ". Dear Sir, A searcn of the records of this office and t`ose of the Assessor and Treasurer of Pitkin County, Colorado reveals the following owners of property surrounding the above described: Christopher H. Smith and Antonia Zurcher P.O. Box 130 Snowmass, CO 81654 Charles W. Oliphant 4400 One Williams Center Tulsa, OK 74172 Jacques Artel 65 Calument Ave. Hastings on Hudson, NY 10706 William Lipsey P.O. Box 3203 Aspen, CO 81612 Cibacorp Limited C/0 Citco Banking Corporation, International Business Company Schottegatweg 005 T 44 P.O. 707 Willemstad, Curaco, British V.I. Although we believe is not to be construed as of title, nor a guaranty agreed that Stewart Title will be charged with any whatever on any statement Since ,rely, uuu,j j8 �J, � Burrell Patch 407 South Washington Titusville, FL 32781 Arline Boyle Oliphant 4400 One Williams Center Tulsa. OK 74172 Albert C. Droste 270 Terrell Road San Antonio, TX 78209 Spencer G. Pearson P.O. Box 2595 Aspen, CO 81612 G. Howard Hardy, III N.V. and Joyce E. Hardy P.O. Box 1783 Aspen, CO 81612 the facts stated are true, this letter an abstract of title, nor an opinion of title, and it is understood and of Aspen, Inc., neither assumes. nor financial obligations or liability contained herein. #33882= 11/ --/91 16:15 Rec s.00 BK 662 P6 783 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EXHIBIT "A" A parcel of land being situated in Section 20. Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as follows: Beginning at a point from whence the Southwest corner of said Section 20 bears S. 80 degrees 32 minutes 18 seconds W. 2875.32 feet.; thence West 1797.88 feet; thence North, 848.00 feet; thence East, 1797.88 feet; thence South 848.00 feet to the point of beginning. County of Pitkin, State of- Colorado Uu°LJ;j ) C4 Y a m i �n a i� :i U s A i Ls. N c -a C #338822 11/22/91 16:15 Rea s.00 HKK 662 PS 783 Silvia Davis, Pitkin Cnty Clerk, Doc EXHIBIT "A" A parcel of land being situated in Section 20, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as follows: Beginning at a point from whence the Southwest corner of said Section 20 bears S. 80 degrees 32 minutes 18 seconds W. 2875.32 feet.; thence West 1797.88 feet; thence North, 848.00 feet; thence East, 1797.88 feet; thence South 848.00 feet to the point of beginning. County of Pitkin, State of -Colorado U C 40 2C��13 -�2iD Ld - oo - cp i t ol; et,�kn,- �-� C-D L-( 1 -7 Z(DH( - Zvi -C:ID -oiS C) 3330�( -L�1 Z 7 to n lug 5Z-7 kO 3 - 20 L� - cD(D - CDoc� (D L& C) uuCj4'L Rubey Estates The Rubey Estates subdivision detailed submission approval came before the Subdivision Detailed Commissioners once again. A revised plat was presented and a new proposal Submission from the trustees. Discussion followed on possible use for lot #6, which J' is to be retained for the County upon payment of an option. Brian Goodheim,h Housing Coordinator, stated that the land has access and utility problems I�1 and that there is no money at this time to utilize this land for public I housing or for a park. He recommends payment of the option anyway. Edwards stated that he was not willing to pay $5,000 for an option (which will be forfeited) until a usage plan has been developed for the property. Chuck Brandt, lawyer for the Rubey Estates, stated that they wanted detailed submission approval and were concerned about the time at this point. Edwards suggested they reduce the option to $500 to retain the property until February 1, 1977. It is generally recognized that the Salvation Ditch easement will make a good trail. Edwards stated that the Commissioners are willing to make an agreement that this trail easement will not be used until the trail can be connected to the Hunter Creek trail and Red Mountain Road. The County will prohibit parking on Red Mountain Road. The third problem concerns the existing Hunter Creek Trail easement language, which states that the easement is conditional. The Rubey Estates objects to changes in this language. Edwards stated that he wants those terms removed. The Commissioners requested that Brian Goodheim determine the fair market value of these two trail easements and compare this to a subdivision dedica- tion fee. Also that he investigate the feasibility of this lot for public housing and the possibility of negotiating with Silverking Associates on utilities and access to the site. The Commissioners were not willing to approve this subdivision until all conditions have been worked out. They suggested that Chuck Brandt bring the proposal back with the final plat for approval and that the conditions be negotiated before this time. The next two items were postponed; the first until later in the meeting, and the second (land use code hearing for Weaver) was tabled. The next item was a request by Jacques Artel, represented by Robert Mayo, Commissioner's Meeting �'�CJ442 June 14, 1976 - Page 6 3 Mayo -Art 1041 Des A -95 R Commis ye_ _tea/ PUBLIC NOTICE RE: ARTEL EXTENSION OF VESTED RIGHTS FOR 1041 HAZARD REVIEW, GENERAL SUBMISSION AND CARETAKER DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 28, 1994 at a meeting to begin at 5:00 p.m. before the Board of County Commissioners, District Courtroom, 506 East Main Street, Aspen to consider an application submitted by Alexis Artel requesting an extension of vested property rights for the 1041 Hazard Review, General Submission and Caretaker Dwelling Unit approvals granted pursuant to Resolution PZ -91 -27 and BOCC Resolution 91 -101. The property is located above Brush Creek Village Subdivision within a parcel created as part of the Aspen Ridge Subdivision in Section 20, Township 9 South, Range 85 West of the 6th PM. For further information contact Ellen Sassano at the Aspen / Pitkin Planning Office, 920 -5098. s /Robert W. Child, Chairman Planning and Zoning Commission Published in The Aspen Times on May 27, 1994. Pitkin County Account No. 00113. L; (AL 'j 1r CERTIFICATE OF MAILING RE: Artel Extension of Vested Rights for 1041 Hazard Review, General Submission and Caretaker Dwelling Unit I hereby certify that on this � day of �� , 199 a true and correct copy of the attached Notice f Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen /Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. By: Michelle White Administrative Secretary frm.mailing v�G'J44 0 CERTIFICATE OF MAILING RE: ARTEL GENERAL SUBMISSION AND EMPLOYEE DWELLING UNIT I hereby certify that on this 24th day of June, 1991, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen /Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. frm.mailing uijui4F By: Debbie Skehan Office Manager PUBLIC NOTICE RE: ARTEL GENERAL SUBMISSION AND EMPLOYEE DWELLING UNIT REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 23, 1991 at a meeting to begin at 5:00 PM before the Board of County Commissioners, District Courtroom, 506 East Main Street, Aspen to consider an application submitted by Jacques Artel requesting approval of General Submission and Employee Dwelling Unit Review for a single - family residence with an attached employee dwelling unit. The property is Lot 2, Aspen Ridge Subdivision and consists of 35 acres. It is located above Brush Creek Village Subdivision in Section 20, Township 9 Sough, Range 85 West of the 6th P.M. For further information, contact the Aspen / Pitkin Planning Office, 130 South Galena St., Aspen, CO (303) 920 -5090. JWavne Ethridge, Chairman Board of County Commissioners Published in The Aspen Times on June 20, 1991. Pitkin County Purchase Order No. vLi Uj<<6 �gq.gq ASPEN /PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920 -5090 LAND USE APPLICATION FEES CITY: -63250 -134 GMP /Conceptual -63270 -136 GMP /Final -63280 -137 SUB /Conceptual -63300 -139 SUB /Final -63310 -140 A11-2 Step Applications - 63320 -141 All 1 Step Applications - 63330.150 Staff Approval -63432 -157 Zoning Plan Check -63432 -157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335 -151 Exemption -63336 -152 Minor -63337 -153 Major Devel. - 63338 -154 Slgn'tf. Devel. -63339 -155 Demolition COUNTY: -63160 -126 GMP /General -63170 -127 GMP /Detailed -63180 -128 GMP /Final - 63190 -129 SUB /General -63200 -130 SUB /Detailed -63210 -131 SUB /Final -63220 -132 All 2 Step Applications - 63230 -133 All 1 Step Applications // d - 63240 -149 Staff Approval - 43450 -146 Board of Adjustment - 63235 -148 Zoning Plan Check REFERRAL FEES: -63360 -143 Engineering - County 00115 -63340 -163 Engineering - City 00123 -63340 -190 Housing 00125 -63340 -205 Environmental Health PLANNING OFFICE SALES: - 63080 -122 County Code ¢9000 -145 Other (Copy Fees) V J �'-� r U TOTAL Name: A-tj- Phone: Address: G 77 /' //ice, ,7 Project: Check �-/� Date No of Copies.