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HomeMy WebLinkAboutbocc.res.145.1999111111 11111 111111 1111 till Ell 1111111 III lit IIII IIII 435783 09/22/1999 12 57P RESOLUTI DAVIS SILVI 1 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY CODINHSSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF THE PITKIN IRON/RIVER RANCH PUD FINAL PLAT Resolution No. 99 RECITALS 1. S&S Development, with permission from the owner of the parcel, Pitkin County ("Applicant"), has applied to the Board of County Commissioners ofPitkin County, Colorado ("BOCC") for consideration of Final Plat for the subdivision of approximately 39 acres to accommodate: • 6 affordable housing lots and associated open space lot (15 affordable housing units); and • 4 free-market single family lots and associated open space lot with a 3,000 square foot stable; and • accommodate one (1) lot to satisfy the land dedication required by the Land Use Code for parks/recreation/open space mitigation (herein referred to as Lot F, River Ranch). 2. The property lies on both sides of the Roaring Fork River approximately 1.2 mile downstream from the point where Woody Creek empties into the Roaring Fork River. The property is bounded on the south by State Highway 82 and on the north by the old railroad and Upper River Road. The property is more specifically described on Exhibit "A." 3. The Conceptual Submission and 1041 Hazard Review approval was granted by BOCC pursuant to Resolution No, 99-114. 4. The BOCC heard the first reading of this applicationat a duly noticed public hearing on July 28, 1999, at which time evidence and testimony were presented with respect to this application. 5. The BOCC heard the second reading of this application on August 11, 1999, at which time additional evidence and testimony were presented with respect to this application. 6. The BOCC finds that the Applicant has complied with the applicable policies and regulations of the Pitkin County Land Use Code, provided that conditions of this document are adhered to. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant Final Plat approval of thePitkin Iron/River Ranch PUD Subdivision, subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. All Final Plat documents shall be recorded within one year of signature of this Resolution by the Chairman of the Board of County Commissioners. 2. The Applicant shall comply with the provisions of BOCC Resolution No.99-114 ("Exhibit B") unless otherwise replaced or amended by the conditions of this approval. 3. The conditions in BOCC Resolution No. 99-114, for Conceptual Submission approval, that have not been amended by this approval, which indicated that "prior to the submittal of any building BOCC Resolution No. 99-1 "r 7 Page2 2 of 12 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO 11111111111111111111111111111111111111I III 11111 11111111 435783 09/22/1999 12 57P RESOLUTI DAVIS SILVI permit" certain items needs to be resolved, shall be amended to read "prior to the issuance of building permits." 4. Prior to the recordation of the Final Plat, the following documents for both the afoodable housing component and free-market component of the development should be reviewed and approved by the County Attorney's Office: • Subdivision Improvements Agreement for Pitkin Iron/River Ranch PUD; • Declaration of Covenants, Conditions and Restrictions for River Ranch; • Pitkin Iron/River Ranch PUD Master Covenants and Planned Unit Development Guide; • Condominium Declaration for Pitkin Iron, a Colorado Condominium Common Interest Community; ▪ Fishing Easement Agreement; 5. Prior to the sale of any units or lots, the Applicant shall fully comply with the Colorado Common Interest Ownership Act, including, but not limited to, recording the Declaration and Map for Pitkin Iron and establishing the Homeowner's Association for both Pitkin Iron and River Ranch. 6. This approval is subject to the terms and conditions of the Pitkin Iron Easement between the County and RFRHA (Roaring Fork Railroad Holding Authority) dated November 7, 1998, recorded at Reception No. 424552 in the real estate records of Pitkin County. Specifically, the applicant shall reflect the RFRHA's option to relocate the crossing to an alternate access may be exercised within one year after the date of final approval of this resolution, and that the Subdivision Improvement Agreement shall provide security sufficient to cover the cost of constructing either the existing crossing or the alternate crossing. The one year extension of RFRHA's ability to exercise the option to relocate the crossing shall be reflected as a note on the Final Plat. 7. No development, including grading, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the designated building envelopes, except for landscaping and revegetation as represented on the approved Landscaping Plan, water system improvements, utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 8. Landscaping and revegetation for the free-market and affordable housing components of the property shall utilizelow water (xeriscaping) native plant materials and concepts. The timing of any sprinkler systems shall be decreased for low water plants. The PUD Guide shall include a provision that for the free market units the areas outside of the building envelopes shall berevegetated with native grasses. 9. Prior to the issuance of any building permit applications, the Landscaping Plan shall be reviewed and approved by the Community Development Department, as well as the Land Management Department for compliance to the Weed Management Plan. The size and height of the proposed berms between Lots A & B and Lots C & D should be identified on the plan. 10. The applicant shall resolve the discrepancies with regard to the legal well rights with the State Engineer, prior to the recordation of the Final Plat. 11. Prior to issuance of any building permit applications, the Applicant shall provide documentation from the State of Colorado Division of Water Resources to the Environmental Health Department BOCC Resolution No. 99- Jys Page 3 1 IINII 11111111011111111111111I1111111 IINI 1111111 435783 09/22/1999 12 57P RESOLUTI DAVIS SILVI 3 of 12 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 12. Prior to the issuance of any building permits, the PCB content of the 3 remaining transformers should be removed. Documentation from Holy Cross Energy shall be submitted to the Environmental Health Department regarding the removal of the content. 13. Prior to the recordation of Final Plat, the Drainage and Erosion Control Plan shall be reviewedand approved by the County Engineer. 14. Prior to the recordation of Final Plat, the Applicant shall provided a legal description of land to be accepted or retained by the County in satisfaction of the land dedication as required by the Land Use Code for parks/recreation/open space mitigation. 15. Final plat shall reflect proposed Walthen ditch relocation. Applicant shall record an easement reflecting actual location following construction of the relocated ditch. Before issuance of any building permits for the River Ranch lots, Applicant shall either reach agreement with the downstream owners of the Walthen ditch, or otherwise establish to satisfaction of county attorney's office, the right to relocate the ditch. 16. The requirements of the contract between Applicant and BOCC dated September 4, 1998 that S & S Development shall have building permits for all affordable units prior to closing is hereby modified and only the building permits for the 4 triplexes must be issued prior to or simultaneous with the closing. 17. Applicant shall demonstrate its financial ability to complete the construction of all project public improvements covered by the subdivision improvements agreement to the reasonable satisfaction of the county director of administrative services and county manager prior to closing. 18. All material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 17Tn DAY OF JULY 1999. INTRODUCED AND FIRST READ AT THE REGULAR MEETING AND PUBLIC HEARING on 28`s of July 1999. APPROVED AND ADOPTED AFTER SECOND READING on the 1 lth day of August 1999 PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the y*V day of .ipttioike4999 ATTEST: BOARD OF COUNTY COMMISSIONERS O ITKIN COUNTY, COLORAD ndee R. Dean Leslie J. L lerk to the Board Chair Date: BOCC Resolution No. 99-1fC Page 4 APPROVED AS TO FORM: Case #P96-99 PID #2643-081-00-851 1 111111 11111 111111 1111 111111 1111 1111111 III 11111 1111 1111 433783 08/22/1999 12 57P RESOLUTI DAVIS SILVI 4 of 12 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 1111111111111111111111111111111111111111111111111111111 435783 09/22/1999 12 57P RESOLUTI DAVIS SILVI 5 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A TRACT 1 A tract of land being part of Lots 6, 7, 8, 10 and 14 of Section 8, Township 9 South, Range 85 West of the 6th Principal Meridian. Said Tract is more fully described as follows; Beginning at a point on the Northeasterly right-of-way line of Colorado Highway 82, whence the Northwest Corner of said Section 8 bears N 54°11'22" W 4606.09 feet; thence N 18°48' E 134.85 feet; thence N 1°23' E 318.64 feet to the center line of the Roaring Fork River; thence S 86°24' E 116.57 feet along the center line of the Roaring Fork River; thence N 0°38' W 466.25 feet; thence N 10°39' E 21.91 feet; thence N 15°45' E 15.92 feet; thence N 0°17' W 534.28 feet to the Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad; thence S 47°03' E 181.55 feet along said Southwesterly right-of-way line to the East line of Lot 6; thence South 301.20 feet along the East line of Lot 6 to the Northwest Corner of Lot 8; thence East 323.54 feet along the North line of Lot 8 to the Southwesterly right-of-way line of the D. & R.G.W. Railrod; thence S 47°03' E along said Southwesterly right-of-way line, 784.15 feet; thence S 42°57' W 80.00 feet; thence S 47°03' E 225.00 feet; thence N 42°57' E 80.00 feet to the Southwesterly right-of-way line of the D. & R.G.W. Railroad right-of-way; thence S 47°03' E 185.45 feet along said Southwesterly right-of-way line to the East line of said Lot 8; thence N 86°28'57" W 672.17 feet to the Center of the Roaring Fork River; thence along the center of the river as follows: S 28°49'07" E 211.41 feet; thence S 32°54'19" E 215.70 feet; thence S 45°04'37" E 116 feet; thence S 48°29' W 454.80 feet to the Northeasterly right-of-way line of Colorado Highway No. 82; thence Northwesterly along said Northeasterly highway right-of-way line to the point of beginning. r Of -N IC(104 Fp RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITMEN COUNTY, =' 0COLORADO, GRANTING APPROVAL OF SUBDIVISION/PUD CONCEPTUAL SUBMISSION, 43 > GMQS EXEMPTION & 1041 HAZARD REVIEW FOR 1'Ht PITKIN IRON/RIVER RANCH �1/1F 2 DEVELOPMENT �sr0 MEM> c) IMOa Ci Resolution No. 99 -J) y + �Y mat— 1— sew OM o m RECITALS WQ ▪ d 1. S&S Development, with permission from the owner of the parcel, Pitkin County ("Applicant"), has sin applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for the co N is)m following approvals: m minm • Subdivision/PUD Conceptual Submission; WI fro cmco• 1041 Hazard Review; • ▪ a m • GMQS Exemption; and m °C • Rezoning from AFR-10 to AH-3/PUD. a el hu 2. The Applicant proposed to subdivide approximately 39 acres to accommodate: m • 6 affordable housing lots and associated open space lot (15 affordable housing units); and • 4 free-market single family lots and associated open space lot with a 3,000 square foot stable. 3. The property lies on both sides of the Roaring Fork River approximately 1.2 mile downstream from the point where Woody Creek empties into the Roaring Fork River. The property is bounded on the south by State Highway 82 and on the north by the old railroad and Upper River Road. The property is more specifically described on Exhibit "A." 4. The Planning and Zoning Commission ("Commission") at a regularly scheduled meeting on April 6, 1999, reviewed the application and recommended conditional Conceptual Submission approval of the Subdivision and Rezoning to the BOCC. 5. The BOCC heard the first reading of this application at a duly noticed public hearing on April 28, 1999, at which time evidence and testimony were presented with respect to this application. 6. The BOCC heard the second reading of this application on May 12, 1999, at which time additional evidence and testimony were presented with respect to this application. 7. The BOCC finds that the Applicant has -complied with the applicable policies and regulations of the Pitkin County Land Use Code, provided that conditions of this document are adhered to. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grants Subdivision/PUD Conceptual Submission, GMQS Exemption, and 1041 Hazard Review approval to the Pitkin Iron/River Ranch development, subject to the following conditions which shall run with the land and be binding on all successors in interest: 433184 07/09/1989 12:38P RESOLUTI DAVIS SILVI 1 of 7 R 0.90 D R.00 N 9.99 PI7YI9 COUNTY CC Lt BOCC Resolution No. 99- I F Page 2 i 435783 09/22/1999 12 57P RESOLUTI DAVIS SILVI 7 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1. Prior to submittal for any building permits, the Applicant shall record a Final Plat which meets the approval of the Community Development Department and County Attomey. The plat shall include the following: A. The site plan shall include the appropriate signature blocks. B. A vicinity map shall be included on the face of the site plan. C. "Development Envelopes" shall be delineated around the septic systems and well. D. The public fishing easement shall be delineated. E. The 100-year floodplain shall be delineated. F. The 20 foot stream setback from the Roaring Fork River shall be delineated. G. The following 1041 Hazard Review Disclaimer shall be included: "1041 environmental hazard areas exist that might affect the property, any improvements, and the use and occupancy thereof" 2. The Applicant shall by covenant restrict the subdivision against further development or subdivision, except the improvements to be constructed on Lots 1 thru 6 of the Pitkin Iron (Affordable housing) portion of the PUD, maybe further subdivided by the formation of a common interest community or communities pursuant to the CCIOA to allow the separate conveyance and ownership of the individual affordable housing units. Said restriction shall be noted in the subdivision covenants and on the Final Plat. Said deed restriction shall be in place prior to the submittal of any building permit applications. If any common interest communities are subsequently created, the declarant shall alert the potential buyers of such condominiums of this restriction in the declaration and on the plat. 3. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: 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-omamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2. Vegetation shall be reduced to brealc up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. 3. 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. 4. 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. 5. Tree crowns 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 ladder fuels have been complied with. In areas of aspen regeneration, the spacing guidelines shall be followed. 6. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. I I aiii 422134 V/2912a83 12:3ar' RESOLUTI DAVIS SILVI 2 of 7 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO BOCC Resolution No. 99- I' a Page 3 1 111111 11111 111111 1111 111111 1111 1111111 III 11111 1111 1111 435783 09/22/1999 12 57P RESOLUTI DAVIS SILVI 8 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 7. The Applicant or Homeowner's Associations shall be responsible for the continued maintenance of the defensible space vegetation requirements. 4. The Applicant shall comply with the following wildfire mitigation standards: A. Roofs shall have a Class A. non-combustible roof system. Wood shake/shingle roof coverings and flat roofs (up to a 4:12 pitch) are prohibited in all wildfire areas. B. Roofs and gutters shall be kept clear of debris. C. Yards shall be kept clear of all litter, slash, and flammable debris. D. All flammable materials shall be stored on a parallel contour a minimum of 15' from any structures. E. Landscaping within the 10' perimeter shall be maintained to a height no more than 6 inches. F. Fences shall be kept clear of brush and debris. G. Wood fences shall not be connected to the structure. H. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher. I. Addresses shall be clearly marked and visible with minimum 2" non-combustible letters and shall be visible and installed on a non-combustible post. J. Utility lines shall be buried. K. Any outbuildings or additional buildings shall adhere to the same standards as structures. 5. Pursuant to paragraph 5(A)(3) of the Additional Provisions Addendum to Contract to Btry and Sell Real Estate Dated September 4, 1998, of the contract, the Applicant shall submit a detailed Phasing Plan and Construction Plan. The detailed phasing plan and construction plan shall be submitted prior to Final Plat approval. 6. There shall be no exterior lighting except where necessary to comply with health and safety requirements of the Uniform Building Code..k11 necessary exterior lighting shall be designed so that the lighting element (or transparent shield) is not directly visible from adjoining properties or public rights -of -way. There shall be no facade, driveway or landscape lighting. Any additional landscape lighting for safety purposes shall be approved by the Community Development Department. 7. The Applicant shall use exterior materials that "blend in" with the surrounding natural landscape. Non -reflective roof materials shall be utilized. 8. No development, including grading, entry or ranch gates, landscaping (including berming) and vegetation removal or disturbance shall occur outside of the designated building envelopes, except for water system improvements, utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 9. Landscaping and revegetation for the free-market and affordable housing components of the property shall utilize low water (xeriscaping) native plant materials and concepts. The timing of any sprinkler systems shall be decreased for low water plants. The Applicant shall submit a Landscape Plan to the Community Development Department for review and approval prior to the submittal of any applications for building permits. The Plan shall identify the proposed vegetation by the common and scientific name. 10. The Applicant shall submit a Weed Management Plan for approval by the Pitkin County Land Management Department, prior to the submittal of any building permit applications. IRiIII AiIII 1i I 433134 07/t3'1399 ,38P R`_SOLUTS OPVIS SILVI 3 of 7 R 0.00 D 0.00 N 0.00 PITXIN COUNTY CO BOCC Resolution No. 99-I Page 4 11111111111111111 IIII IIIIII 111111111111 HIM IIII IIII 435783 09/22/1999 12 57P RE5OLUTI DAVIS SILYI 9 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 11. All areas disturbed by construction shall be revegetated within one growing season of project completion. 12. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to submittal for any building permit applications. 13. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved building envelopes for both the affordable housing units and the free-market single-family homes. 14. Prior to submission for Final Plat, the applicant shall resolve the discrepancies with regard to the legal well rights with the State Engineer so that the source for domestic water will be confirmed. Prior to submittal of any building permit applications, the Applicant shall provide documentation to the Environmental Health Department of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 15. Prior to submittal for any building permits, the Applicant shall submit a Fugitive Dust Plan to the Environmental Health Department. The plan shall include measures to ensure that dust does not become a nuisance and travel onto adjacent properties. 16. Prior to the submittal for any building permits, the Applicant shall submit a Pb(o mitigation program to Environmental Health Department, for review and approval. The plan shall propose specific and enforceable control to fully mitigate or offset all PMo increases in the non -attainment area caused by the project. 17. Prior to application for Final Plat, documentation from Holy Cross Electric shall be submitted to the Environmental Health Department regarding the PCB content of the 3 remaining transformers. 18. For any free market'residential structure of 5,000 gross square feet or greater, the Applicant shall comply with Section 4.01.0I(B) of the Pitkin County Road Management and Maintenance Plan, which requires the Applicant to provide construction trip and residential trip generation studies. The Applicants shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County. Engineer. 19. The Applicant shall obtain an access permit from the County Engineer, prior to the submission for any building permits. The access road for the affordable housing component and the free-market single family component shall be built to County standards and approved by the County Engineer. 20. Prior to the submittal for Final Plat. the Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval. 21. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District. A residential sprinkler system shall be installed within all AH structures and all residential structures greater than 5,000 square feet. 22. The Applicant shall comply with the following conditions in order to mitigate wildlife impacts: • Only one (1) kenneled dog shall be allowed for each unit on the property. 433184 07/09/1999 12:38P RESOLUTI DAVIS SILYI 4 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO BOCC Resolution No. 99- Page 5 1111111 11111 111111 11011 1011111111111 1111E11111111 435783 09/22/1989 12 57P RESOLUTI DAVIS SILVI 10 of 12 R 0 00 D 0.00 N 0.00 PITKIN COUNTY CO • All fencing shall comply with the amended Pitkin County fencing requirements. • Temporary fencing shall be installed 5 feet or more from the edge of the slope on the south (affordable housing) side of the river and 10 feet or more from the existing riparian habitat on the north (free-market) side. Development within or removal of the riparian habitat is prohibited. • The 20 foot stream setback from the Roaring Fork River shall be verified and delineated on the final plat. 23. At Final Plat application, the Applicant shall provided a legal description of land to be accepted or retained by the County in satisfaction of the land dedication as required by the Land Use Code for parks/recreation/open space mitigation. 24. Prior to the submittal for any building permits, the Applicant shall make a cash -in -lieu payment for school impact mitigation as required by the Land Use Code. 25. The height of all structures shall comply with the height regulations as calculated by the Pitkin County Land Use Code at the time of building permit application. 26. The four free-market single family homes shall be limited to either ofthe following floor area ratio calculation: • A total of 6,300 square feet: 5,800 square feet above grade (inclusive of garages, outbuildings) plus 500 square feet of subgrade; or ■ A total of 6,550 square feet: 5,800 square feet above grade (inclusive of garages, outbuildings) plus 750 square feet subgrade, only if an Employee Dwelling Unit (EDU) is pursued. • The 3,000 square foot stable shall be exempted from these calculations. 27. Employee Dwelling Units shall be approved pursuant to the applicable Land Use Code provisions. 28. All signage on the property shall comply with Section 3-110-30 of the Land Use Code. 29. Prior to the recordation of Final Plat, the Applicant shall record a Fishing Easement agreement acceptable to the County Attorney's Office for the public fishing easement along the Roaring Fork River. 30. Expansion of the existing pedestrian trail on the south side of the property shall be prohibited. 31. The two designated open spaces on the property shall be deed restricted and an open space designation set forth in the covenants and a notation placed on the plat in a form acceptable to the County Attorney's Office. 32. At Final Plat, the Applicant shall submit proposed covenants which shall be in a form acceptable to the County Attorney's Office, including a provision providing for enforcement of said covenants by the County. 33. At Final Plat, the Applicant shall submit improvement guarantees for required improvements as required by the contract dated September 4, 1998. 34. Prior to the recordation of Final Plat, the applicant shall re-record a ditch easement for the relocation of the Walthen Ditch and shall protect all downstream water rights. 11iI N 1-� l2:an 5tt ��► DAVISOTI ill► IL_, c33i3/ R70 001D 0.00 N80.00PITKIN COUNTY CO J>- SwF 0111011 in 1-4 Ina ca 0►. awF a71.4 a. la MNm tin BOCC Resolution No. 99-' Page 6 433184 07/09/1999 12:38P RESOLUTI DAVIS SILVI 6 of 7 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 35. Prior to Final Plat, the Applicant shall submit a final PUD/SIA (Subdivision Improvement Agreement) for review and approval of the County Attorney's Office, which shall include the following: • The Applicant shall demonstrate to the reasonable satisfaction of the County, financial ability to proceed with the entire development project. • Disclosure of any identity of interest that the developer has with any entity that receives payment from the development (i.e. if S&S Development is acting as the contractor, disclosure of the identity of interest between the developer and the contractor) and the amount of payment to any entity with an identity of interest with the developer. • Language that financial documentation on cost and revenue of the development will be submitted within four month of the issuance of the last Certificate of Occupancy. 36. The Applicant and Pitkin County shall comply w�'th� all obligations of the contract dated September 4, 1998Ae.ee--e&za. /ol9/92 net /L^rr ox # �/J3Jfl. 37. Prior to submission for Final Plat, the Environmental Health Department will provide the results of the soil sampling. Testing shall be completed within 30 days of Conceptual approval (June 12, 1999). The applicant shall submit for Final Plat within 90 days of June 12, 1999. 38. All material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. NOTICE OF PUBLIC HEARING PUBLISHED IN HIE ASPEN TIMES ON 1'Hr, 17 DAY OF APRIL, 1999. INTRODUCED AND FIRST READ AT 1"HE REGULAR MEETING AND PUBLIC HEARING ON 28TH OF APRIL,1999. APPROVED AND ADOPTED Ai' 1ER SECOND READING ON THE _h DAY OF /}J,q }/ 1999. ATTEST: I . 'MDte A • 7tow Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, County : uey Case #P4-99 PM #2643-081-00-851 prcvmio&2i;99 wiaLe BOARD OF COUNTY COMMISSIONERS F;PITKIN COUNTY • pLORAI?O Leslie J. Lamont, Chair Date;`_ 1 •, •L f` CiCj API OVED AS TO CONTENT: Cindy Reuben, Community Development Director epy,mot 9t4„- /0,1.6 4,4 I EXHIBIT A TRACT 1 A tract of land being part of Lots 6, 7, 8, 10 and 14 of Section_ 8, Township 9 South, Range 85 West of the 6th Principal Meridian. Said Tract is more fully described as follows; Beginning at a point cn the Northeasterly right-of-way line of Colorado Highway 82, whence the Northwest Corner of said Section 8 bears N 54°11'22" W 4E06.09 feet; thence N 18°48'.E 134.85 feet; thence N 1°23' E 318.64 feet to the center line of the Roaring Fork River; thence S 86°24' E 116.57 feet along the center line of the Roaring Fork River; thence N 0°38' W 466.25 feet; thence N 10°39' E 21.91 feet; thence N 15°45' E 15.92 feet; thence N 0017' W 534.28 feet to the Southwesterly richt-of-way line of the Denver and Rio Grande Western Railroad; thence S 47°03' E 181.55 feet along said Southwesterly right-of-way line to the East line of Lot 6; thence South 301.20 feet along the East line of Lot 6 to the Northwest Corner of Lot 8; thence East 323.54 feet along the North line of Lot 8 to the Southwesterly right-of-way line of the D. & R.G.W. Railrod; S 47°03' E along said Southwesterly right-of-way line, 784.15 thence feet; thence S 42057r W 80.0.0 feet; thence S 47°03' E 225.00 feet; thence N 42°57' E 80.00 feet to the Southwesterly right-of-way line of the D. & R.G.W. Railroad right-of-way; thence S 47°03' E 185.45 feet along said Southwesterly right-of-way line to the East line of said Lot 8; thence N 86°28'57" W 672.17 feet to the Center of the Roaring Fork River; thence along the center of the river as follows: S 28°49'07" E 211.41 feet; thence S 32°54'19" E 215.70 feet; thence S 45°04'37" E 116 feet; thence S 48°29' W 454.80 feet to the Northeasterly right-of-way line of Colorado Highway No. 82; thence Northwesterly along said Northeasterly highway right-of-way line to the point of beginning. 433184 07/09/1999 12:38P RESOLUTI DAVIS SILVI 7 of 7 R 0.00 0 0.00 N 0.00 PITXIN COUNTY CO DM lilt 1111IIillll III BIM III IIII 435783 09/22/1999 12.57P RESOLUTI DAVIS SILVI 12 of 12 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO