HomeMy WebLinkAboutbocc.min.reg.03271996 . _ .. . . .. . . . . . .. . . . �4 j
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PITKIN COUNTY COD9NNIISSIONERS
REGULAR MEETIlVG AGENDA "' `,,
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Wayne Ethridge and J�True Not Present � �.�� '
WEDNESDAY MARCH 27 1996
3:30 PM Location: Plaza One Conference Room
ADDITIONS/DELETIONS TO AGENDA "_ �"
�ONSENT AGENDA
Minutes - '
Motion to Appoint John Starr to the Open Space&Trails Board .
Abatement Heanngs: beCray, Poticaro,Bott, Taylor, Fox, Yazbrough, Stonebridge Inn,
Con Assac, Steinman, Gregg/Haydon;Cazol Foote
Resolution Changing Polling Places,Doreen Bellfy .
Resolution Approving 1/2 Cent Use Tax Expenditures for Denver&Rio Grande Railroac3
Right-of-Way Purchase,Tom Newland
Contract for Services, Rail Purchase Project Manager, Chris Lane,Tom Newland
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ADM�IVISTRATIVE PUBLIC HEARINGS
1. Continued Public Hearing, Pitkin County Parks & Recreation District Service Plan, Tim �,.
Maitoy q
. 2. lst Reading and 5et for Public Hearing on Apri124,Kwiecienski Access&Utility Easement, �
John Ely
BREAK
5:00 PM Location: District Courtroom �.
PUBLIC COMMENT
COMMISSIONER COMII�NTS
� PROCLAMATIONS
LAND USE PUBLiC HEARINGS
1. Ward 1041 Hazard Review&GeaeraI Submission,Rick Magill '
2. Pfanenstiel(Lot 6)1041 Hazard Review&General submission,Rick Magill(continued from `'
1/10) �
3. FTidden Meadows(I.ot 3)Subdivision Amendment,Francis Krizmanich i
4. Leavitt Cazetaker Dweiling Unit,Suzanne Walff ,.
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LAND USE ACTIONS
5. Bighom Ridge PUD Final Plat, Ellen Sassano �
6. Bumps Restaurant Temporary Use Permit,Ellen Sassano i
9:00 PM ADJOURN
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PITKTN COUNTY BOARD OF COUNTY OMMIS ION R �
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REGULAR MEETIN .
MARCH 27. ]996 _
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�ALL TO ORDER: Vice Chairman Tuite called the meeting to order at 3:40 p.m. in � '
the County Courthouse BOCC Boazd Room. �
COMMISSIONER MEMBERS PRESENT• Conunissioners Michae( Ireland, Bitl
Tuite,and Leslie Lamont.
COMMISSIONER MEMBERC ABSENT• Commissioners 7ames True and Wayne
Ethridge. �f'
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ADbITIONS TO THE AGENDA:Suzanne Konchan,County Administrator,requested i
• the first reading of the Access and Utility Easement for the Mark Kwiecienski Property t
be added to the Administrafive Public Hearings. t
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Commissioner Tuite moved to approve the addiEion of the Access and Utility � .
Easement for Kwicncienski to the Administrative Public Hearings. With a second -
by Commissioner Lamont,the motion passed unanimously.
CONSENT AGENDA:
MiNUTES FOR iUNE 26, 1995; AUGUST 2�, 1995� AUGUST 31 1995; f
�EPTEMBER 5 1995•SEPTEMBER 27 1995 AND IVOVEMBER 24 1995
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1VLOTION TO APPOINT JOHN STARR TO THE OPEN SPACE & TRAILS ;
BOARD
RESOLUTiON APPROVTNG PETITION FOI2 ABATEMENT FOR MA$C LI A
]ZeCRAY
12ESOLUTION ApPROViNG PETITION FOR ABATEMEiVT FOR DOMINIC F.
p9LICARO
ItESOLUTION APPROVINC PETITION FOR ABATEMENT FOR ALLEN D
BOT'i',M.D. `
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BOARD OF COUNTY COMMISSlONERS I MARCH 27,1996
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RESOLUTION APPROVINC PETITION FOR ABATEMENT FOR RICHARD C ' - .
TAYLSLR �- '
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RTSOi IJTI N APPROVING PETiTION FOR ABATEMENT FOR DOROTHEA :�r. -
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E.FOX
RESOLUTION APPROViNG PETITION FOR Ai3ATEMENT FOR 3ULIA
YARBROUGH -
RESOLUT[OIVG APPROVING PFTITIONS FOR ABATEMCNT FOR '
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STONEBRIDGE INN CONDO ASSOCIATES.INC. .
nT'�^v��v<«^•AJ APPRSIVING PETITION FOR ABATE�ENT FOR HARRY AND '
MI HEL STEINMAN
RESOLUTION APPROVIIYG PETiTION FOR ABATEMENT FOR JOSEPH
AND CYNTHIA GREGG AND�R AN MARVIN HAYDQL�I ,
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�SOLUTION CHANGING POLLIN P� ;�
RESOLUTION APPROVING 1/2 CENT USE TAX EXPENDITURES FOR (
� n�'!�VER&RTO GRANDE RAILROAD RIGHT-OF-WAY_P R HASE �
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�ONTRA('T FOIt SERVICES RAiL PURCHASE PROJECT�VIf1NAGER j
CHRIS LANE '
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Commissioncr Ireland moved to approve the Consent Agenda. With a sewnd by ,
Commissioner Lamont,the motion passed unanimously. �
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Commissioner Ire[and stated the Board was very pleased with the quality of the !
applications for all the positions this year,especialiy Open Space and Trails.
�1DMINISTRATIVE ACTiONS•
No adininistrative actions were had for this meeting.
ADMINISTRATIV PUBLiC HEARINGS:
pTTKIN COUNTY PARKS & RECREATION DISTRiCT SERVICE PL�I�L- •
C�NTINU�D PUBLIC HEARING MOTION TO APPROVE WITH
AMENDMENTS-Suzanne Konchan stated the County received a fax from Snowmass
Village. In summary,tlie Town said they are not withdrawing from the proposed Pitkin
County Park and Recreation District as indicated earlier. A copy of this letter is made a •
par[of the record as F,xhibit"A." Commissioner Tuite stated the County also received a
memo from the Aspen City CounciL Tim Malloy stated item No. 5 of the memo --
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BOARD OF COUNTY COMMISSIONERS 2 MARCH 27,1996
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expresses the City Councils' concem regarding the same above issue as stated in the
Town's letter. A copy of this memo is made a part of the record as Fxhibit"I3." 1� �:�,
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Dave Mylar,representative for the app(icanc,stated they have addressed the concerns and � .'.
they need to work out an anangement with tl�e City of Aspen,specificatly in the Service - �
Plan, in regard to the appropriateness of the Moore Pool site and how they would join ���
effoR wiih the City to develop an efficient facility. _-
Commissioner Lamont stated it seems to her in the City's letter that the City was �' -r 4`
concemed about an Aspen Parks and Recreation Department that operates certain '
facilities and then the special district and the overlap. 3he would hope they can obtain � - •
more closure on this issue before a vote. •
Mr.Mylar said he will try for more of a closure. They have had positive meetings witli `
Tim Anderson in the Recreation Department. The City has commissioned ti�e study •
which will dovetail very well with what the applicant wants to do to determine what can ,.
be done to operate the existing pool to extend its useful life, If this is feasible,they will
then go to the voters with a proposal to build an ice rink and perhaps a gymnasium. They �'�'
want to upgrade the pool and provide a broader base of funding for those facilities which �_
should work to the City's advantage. They will then jointly manage the combined a '
• facility. i
But if the City wants to go forward and build the facility on their own,then maybe the S
applicant will not go to the voters. The applicant has put language in the plan precluding i
the district from building a competing facility or duplicating facilities and duplicating f
programs so they do not run into multiple jurisdictions doing the same thing. � �
Commissioner Ireland said in reference to page 4 of the Service Plan,what is the standard
size of a hockey rink? Applicant did not know the dimensions. Commissioner Ireland
wants the size clarified for next reading. Commissioner Ireland also wanted to know if ;
tIiis commits the applicant to the Moore Pool site for development? Mr.Mylar said the �
applicant commits to study this issue first. It does not commit itself to the Moore Pool �
� site. There is language in the plan saying if applicant cannot work something out,then
they will undertake a site selection process and choose an alternative. The District has to �
come to the County for a review of the use of that property. �
Commissioner Ireland stated tliere is a provision in the plan stating people who own land
primarily for agriculiural use may be automatically exempted upon request. Ireland
wants to know what tlie language means. Ireland does not mind exempting ranches and .
agricultural but he does not want to exempt people who have that tax classification just
because they have tax classifieation. That sort of classification is different from the f
classification o£"used primarily for agricultural use."
Dave Mylar said case law is broader than the agricultural classification for tax purposes
and tha[ primary is the test,that use being more than 50 percent. , _
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l30ARD OF COUNTY COMMISSIONERS 3 MARCH 27,199G
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Commissioner Ireland said Ite wants ihe County Attorney to review this and review the •� `_
standard there because it makes a bi�difference. ;;: .�,
Mr. Malloy said they have received 22 letters from private landowners requesting ,� .
exclusion, only ]0 of which were submitted on time and therefore le�afly need to be
wnsidered. He does not think any of these 10 were from persons owning lands that were
large tracts of land tl�at had agricultural uses on them. There may have been 1 or 2. If
this resolution passes,all of the people that have applied for exemption have been denied. -
They did include a clause in the resolution stating they considered these requests and
deemed them not to be beneficial [o the district. The door is not ciosed on tHe ' *
appiications;they can apply again in district court proceedings. {��
Mr.Mylar says the exclusion of 40 acres for primarily agriculwral use is by statute. They '
do not have a choice. If someone is able to convince the court their property is used
primarily for agricuitural purposes,neither the Couniy Commissioners nor the Directors
of the District have any recourse. They aze excluded.
Commissioner Ireland stated the County has an opportunity to prepare to resist such Ff
claims and he wants the County to be in a position to do so. j
_ Mr.Mylar then stated a standard hockey riuk is 100 ft by 200 ft. That would be NHL (
size. Since the last revision of the plan,Mr. Mylar was able to recline the anticipated �
mill levies for either an eight million or fifreen million dollaz bond issue. He has been t
working witli Bigelow&Co.who are bond underwriters in Denver. He has revised those �
numbers very slightly downward based upon the anatysis. The range will be .760 to ,
1.422. The mill levy would be.760 for an eight miilion dollar bond issue and 1.422 for a � '`-
, fifteen mitiion doltar bond issue. What this means for a miliion dollar house,which has f
an actua[value of one miltion dollars and an assessed valuation of$102,600, .7G mills, �
wJ�ich would be sufficient to pay off an eight million bond issue,assuming no increase in
assessed vatuation over the life of the bonds,which is liighly unlikely in a 20-year bond
issue,woutd require$78.74 a year. The higher mill levy of 1.422 would declare$147.32
a year. If it is commercial property,the figure would be higher. The applicants stated the
commercial property issue is a Iiot issue right now and they will be prepared to address
this issue. Mr. Mylar stated he made all of the changes that were discussed from the
previous meeting. They have been reviewed by Staff.
Mr.Matloy stated there is one condition to the draft resolution,wt�ich he spoke about and
is the one relative to the language thai had been excluded from the previous service plan,
that needs to be stricken. The language the $oard wants in there about sites and .
developments being reviewed under the Land Use Code is back in the revised service
plan so the condition can be stricken,
Commissioner Ireland moved to remove the condition from the resofution. With:►
second by Commissioner Lamont,the motion passed ununiireously.
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130ARD OE COUNTY COMMISSIONERS 4 MA2CH 27,1996
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Commissioner Tuite wanted to know what tlte next step is for the service plan. He stated , "
they are forming a district and talking about a November election. What can people `�>
expect from tiiis Board? . �`=
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Mr. Mylar says the applicants are working very hard to get started on the feasibility
information,design infonnation,and working with the City to develop the Moore Pool
site. The feasibility analysis will define specifically what the applicants are going to
build,what it is going to cost,includes sketches as to what it is expected to look like,and "
then a marketing campaign will be put together which will follow the election notices.
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Applicant will be responsible for obtaining the question for voting purposes. Applicant
stated they have some additional sources for contributions to help pay for the cost of the r .
plan. The City of Aspen has some funds budgeted to do the analysis of the Moore Pool .
and they will pig�y-back on that.
Commissioner Lamont moved to adopt the Iiesolution of thc Board of County '
Commissioners of Pitkin County Colorado approving the Pitkin County Pflrks and
Recreation District Service Plan which is adopted as revised by reference. With a ,
second by Commissioner Ireland,the motion passed unanimously. �;•
Commissioner Ireland stated he fhinks the proponents have done a lot of hard work on 1
this plan. He feels it is in the Community's interest and community spirit. He feels the �
plan should go forward. �
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FiRST READING -G2ANTiNG AN ACCESS AND UTILITY EASEMENT TO I
MARIC KWIECIENSKI AND AUTHORIZING THE CHAIRMAN TO EXECUTE '
THF. NE SSARY DOCUMF.NTS - MOTION TO APPROVE - Commissioner i' �
Tuite says this item was discussed in detail yesterday at the work session. Mr.
ICwiencienski owns property adjacent to lands owned by Pitkin County. Kwiencienski
needs access through the County property in order to reach the proposed building
envelope on his property. The most logicai access is alaig an existing road on County �
praperty. Kwiencienski also needs a utility easement through County property. The
consideration for the County granting the easements is$2,000.00.
Commissioner Ireland disclosed Mark Kwiecienski lives next door to him but they do not
have any kind of financial relationship or anytliing of that sort. He is just a friend. He •
feels there is nothing to prevent him from voting on this issue.
Suzanne Konchan stated one of tUe important elements of the County offering an access
and utility easement is that it made possible the building site outside the 200 foot setback '
which really could only have been accessed across the Pitkin County property. The
County's facilitation of this is really to keep this building site on the properiy and avoids
dealing with either a significant road cut down the steep embankment or development
into Highway 82 within the setback. Commissioner Tuite stated applicant also offered a
significantly reduced house size that fits on the area and a fishermen's access.
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BOARD OF COUIVTY COMMISSIONERS 5 MARCH 27,1996
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Commissioner Ireland moved to approvc the first reading and set for sccond
reading and public hearing on April 24, 199G thc Resolutian Granting an Acccss �.i�- ',,
and UEility Easement to Mark Kwiecienski and Authorizing the Chairrtan to °' .�'=
Execute the Necessary Documents. With a second by Commissioner Lamont, the :'� '..;
motion passed unanimously.
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Suzanne Konchan stated she had a few open discussion iYems that the Board was not able
to address in the previous day's work session. A discussion ensued regarding a few iteins "
on tlie work session agenda �'
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THF FiRST PART OF THE MEETING ADJOURNED AT 4•25 P M TH� f��
BOARD THEN WENT INTO F,XECUTIVE SESSTON AT THIS POINT r �
THF RF('i7T AR MEFTING RECONVENED AT 5•10 P M iN THE DiSTRICT
COURTROOM
COM iSSIONERS PRESENT• Commissioners Michael Ireland,Bill Tuite,and �
Leslie Lamont. `�J�
�OMMISSIONERS AgSE1y'T: Commissioners Wayue Ethridge and James True. ��
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PUBLIC COMMENT• No public comment was made at this time. �
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COMMISSIONERS'CQMMENTSc Commissioner Ireland stated Aprii 9,1996 is the �
election date for the recail election, He encouraged everyone to vote regardless of how ` ;_
they fee]about the recall effort.
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PROCLA�VIATIONS: !
No proclamations were l�ad for this meeting. i
�AND i1CF PiiRi TC'FTFARINC'R•
VyARD 1041 HA ARD REViEW& ENERAL SIIBMISSLON-MOTION TO
APPROVE-Rick Magill presented the issues as outtined in his Agenda Item Summary.
A copy of the Summary is made a part of the record as Exhibit"C° Jeff Biers
represents Kaydene J.Ward.
Because of the elk winter range,winter concentration area,severe winter range,critical '
habitat,and the land lying within i/2 mile of an elk production area,Staff is
recommending prohibition of dogs and the liouse size be limited to 7,500 squaze feet to
be consistent with the other house sizes in the area.
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BOARD OF COUNTY COMMISSIONERS 6 MARCH 27,1996
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Leslie Lamont noted that Bud Eylar,County Engineer,indicated the preferred access to
tlie property would be not off of Highway 133 directly,but that an attempt be made to go `�.
off of Coal Basin Road. .':
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Mr.Magill stated this was not done because it was not part of the proposal and there were
no easement agreements obtained.
Mr.Biers stated to gain access tiirougli Coal Basin Road,applicant would liave to go
through two separate pieces of property and a bridge would have to be built across Coal 7. �
Creek. The access from HigUway 133 would be the most direct and Uie least destructive '
route. There is good line site in both directions. .
Mr.Biers stated the applicant is fine with all conditions imposed.
Commissioner Irelnnd moved to approve the Ward]04l Hazard Rcvie�v and
General Submission. Wifh a second by Commissioncr Lamont,the motion passed
unanimously.
PFANENSTIGL fLOT 61 1041 HAZARD REVIEW& N RAL iBMiSCiON
jCQNTINUED FROM 1/10/9()-MOTION TO APPROVF- Rick Ma�ill presented
the issues as outlined in his Agenda Item Summary. A copy of the Summary is made a
part of the record as Exhibit"D." Jeff Biers represents the applicants. Commissioner
Les(ie Lamont and Rick Magill made an on-site visit and found an alternative accessory
building envelope. This alternative accessory building envelope would lessen impacts on
wildlife and wetlands. Kevin Wright of the DOW wrote by letter he agrees the ?_
alternative accessory building envelope is the better site. A copy of Mr.Wright's March
22,19961etter is made a part of the record as Exhibit°°E."
Mr.Biers stated Mr.Pfanenstiel wants to keep his original residential building envelope
but is agreeable to the change of tlie accessory building envelope. Mr.Pfanenstiel has
one concern and that is the 7,500 square footage for the primary residential home,which
is acceptable to Mr.Pfanenstiel. Mr.Pfanenstiel has designed his l�ouse to be
approximately 5,500 square feet. With 123 acres and some agricultural uses,plus
building furniture as a hobby,Mr.Pfanenstiel feels he might be shorting himself in the
agricultural end of it as far as having space to do that. He would like to have the 7,500
square feet as his maximum for the residential portion and then apply separately for tha
agricultural part.
Commissioner Tuite stated he agrees with him but Mr.Pfanenstiel has not agreed to "
never bring this issue in as a lot split. He has enough acreage to look at a lot split with
this parcel. If this Board is to 3ook at additional square footage when it appears they are
setting a FAR for the area,he would personally like to see a commitment that there would
not be a lot sptit if they were to significantly go above the square footage.
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BOARD OF COUNTY COMMISSIONERS 7 MARCH 27,t496
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Mr.Biers stated if this door is open,then he will address this issue later. Mr.Biers also ' �'.
stated in reference to the road improvements diat were made,an additiona!pipe,he ,
believes this was done by people utilizing the property,i,e.,the Cattlemen's Association, � ti,
an outfitter,and the Redstone Inn. It was done a couple of years a�o. Mr.PfanenstieJ
was not responsible for inserting the cu[vert. '�
Commissioner Lamont moved to approve the Pfanenstiel 1041 Hazard Revicw aod ,
General Submission for Lot 6 of the Redstone Unique Properties. With a sccond by —
Commissioner[reland,tlie motion pnssed unanimously. �•,�
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HiDDEN MEADOWS(LOT 3)sjJBDIVIS�ON AMENDMFNT MOTION TO �
APPROVE-Francis Krizmanich reviewed the issues as outlined in his March 19,199b - "
Agenda Item Summary. A copy of the 5ummary is made a part of the record as E i it •
" ." Michael Manchester represents the applicants. Another issue that the appiicant
requested Mr.ICrizmanich report so it is clear on ttie record,for this subdivision,typical(y t.
septic systems are included within the building envelope. When this subdivision was first
approved,this was not tt�e case. They discussed increasing the building envelope size in
case tl�e septic system needed to go out of the envelope. It is likely the septic system will `
not need to go out of the building envelope. It is Mr.Krizmanich's recommendation that t�
die County still apply the subdivision regulation as it is in tlie documents for the
subdivision which would be the system needs to be out of the envelope and it would be
' okay. The other reason for that is there is a large meadow below the home site. Placing ,
the septic system there would have no impact.
Commissioner Lamont stated in Michael Manchester's information,it says the building �
envelope will be moved to the ridge crest. She wants to know what"ridge cresP'means. ,+ �
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- Mr.Mancliester stated the building site is a long way from any ridge. He is not sure what
was meant by those words. He would have to refer back to the letter Yo clarify d�e
meaning. He indicated on the map where the site would be. Tlie site is not close to azry
ridge lines.
Mr.Manchester said all conditions of the resolution are fine.
Commissioner Lamont moved to approve the Resolution Relocating the Building
Envelopc for Lot 3 of the Hidden Meadows Subdivision. With a second by
Commissioner Ireland,the motion passed unanimously.
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BOARp OF COUNTY COMMISSIONERS S MARCH 27,1996
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LAND USG AC"t'IONS: � _
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BIGNORN RiDGE PUD FINAL PLA'P-MOTION TO AAPROV� W[TH
AMENDMENTS-E11en Sassano presented the issues as outlined in her Agenda Item -
Summary of Marcli 2'7,1996. A copy of the 5ummary is made a part of the record as �
Exhibit°°G." Tlie applicants are Peter Maftin and Mr.Dale Darnett. Ms.Sassano stated
Staff has made several suggestions for fairly minor modifications to the e�hibits,to the
subdivision improvements,covenants,and easements that were submitted. Mr.Martitt .='
has reviewed those recommendations and agrees with most of ihem. However,Mr. '� ,t
Martin submitted a letter today which outlines some of the issues that he does have and ` �`' '
would like to discuss at tonight's meeting, Mr.Martin's March 27,1996 letter is made a
part of the record as Exhibit°`H" � ' �
The first issue is house size. Staff recognizes tl�at covenants need to be revised to clarify
a limitation that was ptaced at general submission. At the request of the Zoning Office,
the clarification was to address the 4,500 square feet and whether that was to apply only
to the residences on each lot or whether it was to include accessory structures. Mr.
Martin has reviewed the record and tapes of the generai submission meetiugs. Ms. -
Sassano agrees with him that originalty the intent was to limiY the residences to 4,500 ��
square feet. Tlie concern was related to the character of Redstone and also to fire hazard.
- Ms.Sassano expressed her concern there was no agreed size for accessory buildings.
Applicant and Ms.Sassano agree that a 1,000 square foot limitation for accessory
structures would be appropriate. The accessory sizes aze camputed by the New Code.
Basements are exempt if they are not visible. The garage is an additional 750 squaze feet
which is exetnpt under current regulations.
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. Commissioner Ire[and stated he is amenable to these standards.
The second issue is Yhe condition that the houses be reviewed�.,approved by the
Redstone Historic Preservation Commission. Mr.Martin contends that the HPC is not a
decision-making body,that it is by law an advisory agency. Ms.Sassano stated she has
been advised the Land Use Code has been revised and the HPC is now a decision-making
body.
For clazification,Commissioner Tuite stated if the HPC denies the approval,then the
applicants would be back before the Boazd for an appeal.
Cindy Houben informed Mr.Maztin that number 4 in the PCLUC in"Reviewing and
Making Decision"stated d�e HPC does make the decision. •
Mr.Martin said he is amenable to d�e decision-making process by the HPC with the
understanding that it can be appealed to the Soard. He wouid also like it understood that
the HPC does not have anything to do with house size.
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BOARD OF COUNTY COMMISSIONERS 9 MARCH 27,1996
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As to the landscaping issue,Mr.Martin has reviewed the record and is withdrawing his ,
objection to the tandscaping. He is in agreement with Staff's recommendation. ti.
The fourth issue is in reference to the plat map. The applicant has dedicated a park parcel .
which is adjacent to the reservoir road which provides access up to public lands. It is also
adjacent to a 100 foot corridor that has been provided for trai(s should the County decide
to i�ave ti�e fimding to develop a trail there. The current legal description or boundary
survey and legal include this parcel as part of the subdivision. The County Engineer has
suggested that the parcel be called out separately with a separate legat description because �Y
it is goin�to be conveyed separately to the County. Mr.Martin has suggested that he
simply attach a written legal description to the dedication agreement. He has also ' '
suggested that it might be appropriate because in the Staff memorandum,Staff indicated • '
tl�at it might be appropriate to put a term Iimit on development of the park attd
conveyance of the park in tlte event lhat the park is not developed in any way within a 10-
year period because of Iack of funding. If this happens,the park would revert back to the
subdivision. However,having discussed this issue with the County Attorney,the
decision was that the County sliould take tl�e park dedication and defete the 10-year term
and use the park for picnicking purposes in tlie event the park is not developed in the
future. Staff reiterates the legal description for the park should be identified on the plat
map.
Mr.Martin stated he has no problem wit6 this request.
A March 26,1996 Memo was aiso submitted by d�e applicant. A copy of the Memo is
made a part of the record as Exhibit"I:' This Memo addresses a series of clarifications �'
made to the Trail Easement Agreement,the Construction License and Easement
Agreement,and the Park Land Dedication. The County Attomey has reviewed these
changes and he stated they are acceptable witli a few more changes. Under paragraph No.
I,¶4, ological Ha�ardc,Mr.Martin had agreed to substitute the following language:
"Grantee acknowledges that poRions of the easement may be subject to geologic hazards
and Grantee expressly assumes all responsibility and liability for warning the pubtic of
such liazards by placing signs at the formal entry ways to the trail." Ms.Sassa�io would
like Yo suggest to delete the phrase"expressly assumes all responsibility and liability for
, tiie waming"and replace tliat with,"Grantee agrees to warn the public of such hazards by
placing signs at the fornial entry ways to the trail.°
Mr.Martin stated Ms.Sassano's language is acceptable.
The Commissioners agree tlie language is acceptable.
Under paragraph No.2 of the Construction License and Easement Agreement,¶8 should
be referencing¶6. �
Under paragraph No.3 of the Park Land Dedication,¶4,the same change should be made _
tliat was just made regarding responsibility and liabiiity. i
I30ARD OF COUNTY COMMISSIONBRS 10 MARCH 27,1996
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In reference to paragraph No.4,Term,the 10-year term previously discussed above,Ms. I �;�
Sassano suggests it be deleted. This tei7n would be deleted botli f'or the park and the
trails. If the trail was developed,it would be a loop trail for visitors to Redstone or � . '_
people who live there.
Commissioner Tuite would like Staffto look into developing Uie trails. He wants Staff to
find out ihe exact cost and put it into perspective with the funding. Commissioner Tuite
would like to see the trail developed within a time line. �";r''
Commissioner Lamont and Ellen Sassano agree the time limit of 10 years should be � . -
removed to give the County more leeway for deveiopment. •
Mr.Martin a�rees to the removal of the time limit with the agreement tl�e County will
pursue the development.
The Board directed Staff to remove the time limit. �
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Commissioner Ireland moved the Rcsoiution be amertded to incorporate the
comments just discussed bettiveen the Applicant,Staff and the Board of County
- Commissioners. With a second by Commissioner Lamont,the motion passed
' unanimousfy.
Mr.MaRin stated the sanitation district ran a line right along the walking trail. At �
detailed submissioa,the building envelope for Lot 2 was outside of the walking trail. ' >'
When the Redstone sanitation district irtstalled the]ine,they cut off a little sliver of the �
. building envelope. Ms.Sassano has suggested the building envelope should be redefined
so that it does not go over the trail. Applicant would like to add four or Five feet on eacli •
side so they have the same square footage witiiin the building envelope. It cloes not affect
anything. Staff stated tliey concur witl�moving the envelope as long as Ms.Sassano �
reviews the modifications prior to the recording of the fenal plat.
Commissioner Iretand movetl to amend his motion to amend the Resolution anJ
incorporate the addition of four or f►ve fcet on either side of Lot 2 subject to 1041
hazard revietivs by Staff. With a second by Commissioner Lamont,the motion
passed unanimously.
Mr,Dale Darnetl,one of the applicants,asked after all this is approved tonight,are the
applicants done with the submission? He wanted to icnow if they can go ahead and
market the lots and se!!them?
Commissioner Tuite stated,yes,the applicants have the approval of ihe Pitkin Board of
County Commissioners with the conditions that were discussed above,including the HPC
review which was aiso previously discussed. ,
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BOARD OF COUNTY COMMISSIONERS I t MARCH 27,1996
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Cindy Houben stated the final plat needs to be recorded and approved before they can
market and sell the lots. �
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Mr.Martin requested a draft resolution be submitted to him before it is signed by the
Chairman.
Commissioner Irel:tnd moved to approvc thc Resolution Granting Approval of the
Bighorn Ridge Subdivision PUD and Final Plat us amcnded hcrein tonight with ��
Staff�pproving the widening o(Lot 2's building emclope�nd thc HPC revictv.
With a second by Commissioncr L�mont,thc motion passed unanfmously.
LAND USE PUBLiC HEARINGS(Continucd�. �
LEAVITT CARETAKER DWELLING UNIT MOTION TO APPROV -Suzanne
Wolff presented the issues as outlined in her Memorandum dated March 27,1996. A
copy of the Memorandum is made a part of the record as Eshibit"J." Letters were
submit[ed by adjacent homeowners opposing the caretaker unit. Copies of the letters are
made a part of the record as Exhibit"K."
Com�nissioner Ireland asked Suzanne Wolff if the Board has been exposed to the
Gateway water problem previously. Ms.Wolff stated the only review she came across
• was a caretaker unit that was not actually in the subdivision. This was the Johnson
caretaker unit. It was on the water system but not within this subdivision. Easements had
been granted by tlie landholder to the water system. The Johnson caretaket unit was
approved.
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Commissioner Ireland asked ifdrilling a well could be an altemative source for obtaining
� water. Cindy Houben said it would be hard to obtain a well permit because there is a
requirement that the property be 35 acres or more which tl�is property is not. .
Commissioner Treland also asked if maybe water could be trucked into die property.
Staff stated it would be difficult to do this. It would be up to the Gateway Homeowners
Association. There would have to be standards for altemative provisions of water.
Commissioner Ireland stated it is his recotlection that the Gateway Subdivision still is not
fully developed. He asked Molly Campbell,a homeowner in the Gateway Subdivision,
if he was conect.
Molly Campbell stated Commissioner Ireland is conect. Ms.Campbell says her guess is
the subdivision is about 85 percent built out. They do have a green IighUyellow ligl�t •
situation that in the summer very ofren the homeowners go to bed with the yellow lights
blinking because the water tanks have drained very low. Ms.Campbell is concerned
about a fire issue and there being not enough water to take care of a fire.
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' BOARD OF COUN'i'Y COMM1SSiONERS 12 MARCH 27,1996
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Commissioner asked Ms.Campbell if she knew whether tfiis really is a fire safety
problem when the yellow light is flashing. Ms.Campbell said she would have to ask
Greg K�rins about it. She suspects it is a fire safety problem. .
Commissioner Tuite asked if there were still leaks in the water system. Ms.Campbell
said the Association has done a lot of work in terms of the pipes and controllin�tUe leaks
as well as adding some additional tanks.
Commissioner Ireland stated the amount of gallonage in the tanks when the yellow lights
are flasUing seem to be below the standards. Ireland stated it seemed to him that
development should not be continued until the problem of the water shortages are
repaired.
A discussion ensued regarding standards for water.
Commissioner Tuite stated he feels the Board needs to look into ihis issue and if they are
going to make a policy decision,they should meet with the IIomeowners Association and
the Water District.
Commissioner Ireland concurred with Commissioner Tuite. He said before the Board
does a�iy more reviews of platted lots up there and people adding homes,they need to
- look into this situation.
Commissioner Lamont stated in reference to reviews for platted lots and adding homes,
additional caretaker units need to be added to the list.
Mr.Leavitt stated the space for the caretaker unit is already legally a bedroom and
- bathroom. He says legally he can add to tliat a sink,refrigerator and kitchen cabinets.
The space has been occupied since December l,1995. He feels the water is a moot point
because tlie bathroom is legal and water is going to be used.
Commissioner Ireland stated there would be increased use on the already strained water
system. Mr.Leavitt said the usage is legal and within the covenants.
� Leslie Lamont stated having a fully operational(miuus an oven and a range)kitchen
would increase the use of water.
Commissioner Tuite opened the meeting to the public.
Ms.Campbell feels an approval of a caretaker unit here opens the door to approval of a
lot of caretaker units. She feels these units will have an adverse impact on the water
system. She stated this is a residential subdivision and workers and professional peopie
in the valley{ive thece. She is concerned the subdivision,with a lot of caretaker units,
could turn into a non-residential,non-employee type of subdivision. I-
BOARD OF COUNTY COMM1SS10NERS 13 MARCN 27,199b
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' Commissioner Tuite asked if there are any FAR regulations. Cindy Houben,Planner, � - .
said the area is zoned under R-30. Cindy Houben stated the subdivision map has not _ .�
been amended to show a R-30 zone and they need to infonn the homeowners of this ^-.
situation. �
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Commissioner Ireland disclosed a potential conflict. He stated many years ago,he
represented Ms.Campbell before the Assessor on the property tax for her home. He does
not feel this is a conflict to prevent him from participating in this discussion. Applicant �;'.;;;.
does not obyect lo Commissioner Ireland participating in this issue.
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Commissioner Tuite closed the public hearing and brought the matter back before the �
Board for action. `
Commissioner Tuite stated I�e would look favorably toward bringing the Home
Association,the Home Association Water Board,the representative for the Water ...
District,and the Fire District together to resolve the water system problem. He says his
tendency would be to approve the unit with the conditions. He stated he feels there
should be no more caretaker units in the pipeline until this issue is resolved or more
information is given to the Board. "'
C.
Commissioner Ireland stated to Ms.Campbell that if she,the Association Board and her (
_ neighbors want to change the rules not to have caretaker units because they fee]it is ;-
detrimental to the neighborhood,he feels the Board would be very amenable to going �
along witl�that suggestion if that represents tl�e wishes of the neighborhood.
Commissioner Ireland would fike to have discussion and recommendations from this
�roup to be presented to the Board.
Commissioner Tuite mentioned the Homeowners have the option to change their
covenants. Commissioner Ireland stated they could change their covenants but it would
be a cumbersome legal process. E�.
Commissioner Lamont expressed she empathizes with the Homeowners but the criteria �
the Board has to use in reviewing the caretaker units do not address compatibility with
t6e neighborhood. The criteria the Board has to use is does the caretaker unit meet the ��
size limitation,will applicant deed restrict it,is there a parking space for eacl�bedroom in
tlie caretaker unit and the deed restriction can only be removed by the Board. She
recommended to Staff that the County consider some changes to caretaker reviews and �
insert standards of criteria that get at the neighborhood compatibility. She feels it is not ,
the County's responsibility to enforce a subdivision's covenants. She feels the condition , .
that a letter needs to be provided by tl�e Homeowners'Association to confirm that there is �
water to service the full dwelling unit and the second dwelling unit on the parcel is a �
good condition. Sl�e stated the letter should be adequate enough to get at the water issue ;'
that the homeowners are concerned about.
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(iQARD OF COUNTY COMMISSIOIVERS l4 MARCH 27,1496
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Commissioner Ireland moved approval of thc Leavitt Caretukcr Dwclling Unit ' �-� �'"
subject to the conditions outlined in the Resolution. With a second by
Commissioner Tuitc,the motion passed unanimousty. ' �ti
Commissioner Tuite again directed Staff to work with the Water Board,the .- �'• .
Homeorvners'Association,and the Fire Marsha((and research to what level there is a '
problem with the water system.
Cindy Houben verified with the Board iY is their request that the caretaker dwelling units '.
aad building permits for the unbuilt lots in the subdivision be flagged by the Planning �:r�
Staff until the water system issue is clazified. .
Commissioner Tuite said he would like a letter from Ager and Wri�lit statiug specifically •
what tlieir policy is on new buildings that are on undeveloped lots. ,
Commissioner Ireland stated he agrees with Commissioner LamonYs direction tl�e Board �
needs additional review criteria on caretaker dwelling units.
Commissioner Tuite clarified to applicant the Board is approving tl�e unit subject to the
wnditions;i.e.,applicant needs a letter from the Homeowners'Association they can
" sapply tlie water.
Applicant asked if the Associatiou is unwilling to submit a letter,what is his next step.
Commissioner Tuite stated a building permit will not be issued and applicant witl have to
go Yhrough a legal process wiYh the Homeowners'Association. !�
LAND USE ACTIONS(Continuedl•
�ILN�PS RESTAURANT TFMPORARY P RMiT MOTION TO APPRO�
-Ellen Sassano presented the issues as outlined in Brian McNellis'Memorandum. A
copy of the Memorandum is made a part of the record as Exhibit"L"
Commissioner Tuite stated lie wants tl�e Inn at Aspen notified abouY the event.
Commissioi�er Ireland asked that a�i additional condition be added to the Resolution. He
wants applicant to make sure nobody parks along the road that goes to West Buttermilk.
Commissioner Ireland moved th�t thc Board adopt the additional condition ,
requiring appticant to be responsib[e to prohibit pariting along the road to West
Buttermilk the entire day of the event. With u second by Commissioncr Lamont,
the motion passed unanimously.
Douglas Clayton,represeniing the Bumps Restaurant,asked tlie Commissioners if there is .
an easier process for him to go tlirough to obtain a use permit for fitture events. He -
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BOpRD OF COUNTY COMMISSIONERS 15 MARCH 27,1996
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wanted to know if a specia(permit could be issued in lieu of tl�e temporary use permit � -'''
until the master plan is completed. �;; .,
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Commissioner Tuite said the Ski Company,as ttie owner of the ski area,has to initiate ,��.� � .
the process. Applicant also asked if his fee could be waived for the temporary permit. ��':�•
He was told tlie Board would not grant a waiver of the fees.
Cermmissioner Lamont moved to adjourn the meeting. With a second by �." `
Commissioner Ireland,the motion passed unanimously. �� !
ADJOURNMENT: The meeting was adjourned at 7:40 p.m. x �'
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Respectfully submitted, I.;. `
C��Q----
Lynne Cordova
Deputy Clerk to the Board of County Commissioners �
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• James R.True,Cl�airman •
Board of County Commissioners
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BOARD OF COUNTY COMM[SSIONERS 16 MARCH 27,1996
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SNOWMAS� VILLAG�
c O l O�S/yi�a A o O �'•
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March 27, 1996 PostdYFaxNote 767t o�3^aY] �'�► f
To ��L From � .
� Cemeoc co.
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Fan� Fu I .
� _ O I . /Al. MA/� � ..
Pitkin County —
Board of County Commiasioners
516 East Main
Aspen, CO 81611
Dear Commissionera:
Thie is �o advise you that the Town of Snowmase Vi.lZage wiZZ not
be withdrawing from the proposed Pitkin County Park attd
Recreation District, as indicated eaxlier. Thie development
occurred following the inclusion af language in the Service Plan
� which provides for ken percent of the recreation center bonds,
not to exceed $1.5 mi21ion, for canstruction and operation of
recreational ice skating and swimming facilities at a location of
the Town'e choosing. •
With this new language, the Town ie now willing to see thi9
proposal breught forward to the voters for approval or rejection
- this November. Please feel free to call should you have any
questione. Thank you.
Sincer�ly,
TOWN OF SNOWMASS VILLAGE
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� 13ary Suiter
Tcwn Manager
cc: Town Cous�cil
David Myler
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�.�� P.O.Hwc 5010�Snowmass Vtl{age,Colorado 81615•(303)923-3777•FAX(3031923-608.3
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MAR 2 2 1996 �,: `'
80CC OFFICE �
TO: Pitkin County Board of County Commissioners ,'`:
FROM: Aspen City Council ;3 3 a��,
DATE: March l I, 1996
R,E: Review of Proposed Recreation District '�
Per your request,the Aspen City Council,City staff and our Asset Planning �
Committee reviewed the concept of the proposed Pitkin County Park and
Recreation District. Our thoughts and concerns are outlined in this
memorandum. The recommendations of our Assei Planning Committee are
also attached.
1. If a new facility is built,we strongly believe it should be buiit near
the existing swimming pool at Iseiin Park. At the present time,there is no
determined site for 1he proposed recreation center. It will be very hard for
the voters to make a logical decision on a recreation center without ."�
infonnation on the exact size and location of the faciIity.
2. We believe the e�cisting Ice Garden should stay in the current
location. If the City decides to abandon the current site,the City may
decide to merge with a larger facility but this decision should not influence
a decision on the Recreation District at this time.
3. The City of Aspen recently adopted a Parks and Open Space Master
Plan which looks at all aspects of recreation,not just facilities. As part of
this plan the Recreation Department will begin a study in 1996 on the
feasibility of enlarging and enhancing the James E.Moore Pool. As part of , '
thzs study we are also Iooking at the possibility of an ice sheet in that
location at a future date.
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4. The City of Aspen is very concemed about the size of the proposed -
facility and the miil levy it would take to build it,and more importantly,the '` `';,
cost of operation and maintenance of such a facility. .:�_; �i�
5. The City of Aspen understands that 10%of the District's revenues
will be allocated for the construction and operation of certain recreation
facilities in Snowmass Vitlage. While we understand the desire of
Snowmass Village to retain its share,we could potentially have another �' ;r�'
RFTA situation whereby the City and County are funding valiey-wide �•�
recreational pzograms without participation from Snowmass Village. '
6. The City of Aspen believes District Programs should be operated by
the City with a District Advisory Committee providing oversight. The
Speciai District will create another layer of government in the County.
,:;,
In summary,we are forwarding our concerns about the proposed district for "
you to consider as part of your process. We do not feel that it is our t'�
. , position to either approve or disapprove the concept. If put on the ballot,it �
will be the taxpayers of the valley who will uitimately decide the fate of the �
recreation district.
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If you have any questions please contact Bill Efting at 920-5083.
,..
Thank you for the opportunity to comment. •
E
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cc: Bill Efting �
Tim Anderson �
Stan Clauson �
Doug Smith '
Dave Myier �
Janet Roberts
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AGENDA ITEbI SUVIMARX Y ,
TO: Board of Counry Commissioners �
Regular Meeting-March 27, 1996 ?.
THRU: Cindy Houben,Caatmunity Development Director�,�- � �
FROM: Ricic Magill,Planner
RE: Ward 1041 Hazard Review and General 5ubmission
Y'_ .
I2EQUEST: The Applicant is requesting approval of 1041 Hazard Review and General � �
' Submission for the cons[ruction of a single-famiiy residence.The subject property contains areas �
mapped for wildfire(low to medium hazard),geologic(slopes in excess of 30 percent and
potential avalanche),and wiidlife hazards(elk win[er range,winter concentration area,severe
winter range,anr critical habitat,and lies within I/2 mile of elk production area).
APPLICANT: Kaydene 7.Ward
• SIZE/LOCATIOiV: The properry contains approximately 38 acres and is known as Lot 8 of the
Redstone Unique Properties(Pfanenstiel),tocnted immediately to the west of Redsto�e.
SI'TF./PROJECT DESCRIPTION:The Applicant is proposing to establish a buildin�envelope
� (I.5 acre)in the middle of the parcel.The primary envelope contains slopes in the 4 percent ran;e.
The Applicant aiso proposes to constivct a new driveway(10 to 12 feet in width)from Highway
- 133 to the building envelope.This driveway also crosses a reiatively flat area on the property.The
subject property is comprised of a relatively flat area adjacent ro Highway 133 and an east facing
steep slope.which is located in the western portion of the site.Roughly two thirds of the property is
included within the t7at area,while the remaining one third is encumbered by steep slopes.Slopes
in the steeper portion of the properry are in the 44 to 100 percent range. Vegetation on the properry
mainly consisu of spruce on the steep slopes and narrowleaf cottonwood, scattered spruce and
grasses in the flatter portion of the site.
ISSUES: Staff finds no outstanding issues associated with this application.The environmental
hazards are either have been avoided or can be easily mitigated.
RECObINIENDATION: Staff recommends that[he Board approve the Ward 1041 Hazard and
General Submission Review,subject to the conditions in the attached resalution.
ATTACHVIEN'TS:
l. Staff inemo to P&Z w/attachments
2, draft resolution
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AGEVDA ITEVI SUbIV1ARY � �'.
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TO: Board of County Commissioners �,
Regular Meeting-March 27, 1496 �� ,' .�
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THRU: Cindy$ouben.Community Development Direcror
FROM: Rick Magill,Planner ��
RE: Pfanenstiel Lot 6 1041 Hazard Review and Genera]Submission .:r.
REQUEST: The Applicant is requesting appmvai of 1041 Hazard Review and General � '
3ubmission for the construction of a single-famiiy residence and a barn.The property contains
areas mapped for wi}dfire (1ow hazard), geotogic (siopes in excess of 30 percent and potential ;
debris Ylow),floodplain,and wildlife hazards(elk winter concentration areas,severe winter ran�e.
critical habitat, and normnl winter range. The property is also within U4 mile of etk prodaction
areas and contains areas of jurisdictional wedands),
APPLICANT:Walt Pfanenstiel ,
SIZE/LOC.�TION: The property contains approximatety 122 acres and is known as Lot 6 of
the Redstone Unique Properties,located west of Redstone,off of Coal Basin Road,
PR03ECT DGSCRIPTION:The Applicant is proposin�ro establish a primary building envelope
that is approximately 2 ac-es in size.The primary envelope contains slopes of 5 to 12 percent.The i''
Applicant is also proposin;an accessory agricuttural building envelope 900 feet to the east of dle
primary envelope that is approximately 1/2 acre in size. The proposed agricultaral envelope
contains slopes of approximately !0 to 15 percent. An existing unimproved road will be utilized
for access to the accessory buildina envelope. The existing road will have to extended
approximately 300 feet dawn a hill to reach the accessory site.
BACKGROU�JD: The Board heard evidence and testimony with respect to this application at the
Ianuary 10, 1996 regular meeting.The Board tabied the review of the application to allow 3taff the
opportuniry to investi�ate an altemative location for the accessory building envelope. The Board
felt that establishino an accessory envelope in the proposed location may adversely affect wildliFe.
Staff also verified the locaiion of wetland areas adjacent to the access road.Staff conducted a site
visit,accompanied by Commissioner Lamont,on March l3, [996.
OUTSTANDING ISSUES:
Accessory Building Envelope-Staff's site visit revealed that there is�n area immcdiately to the
easc of the proposed primary envelope[hat could serve as an accessory building site.This site is ,
an open clearing with minimai siopes and is approximacely 30U feet from the center of t6e
primary envelope.Placin;the two envelopes adjacent to one ano�her wil!serve to Iessen impacts
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to wildlife by concentrating the development in the lowland azea. In addition, the altemate ��` ��''
�•�'.
location for the accessory envetope can be accessed by a relatively short driveway(aQprox. 100 '
feet)from the existing primary access road or perhaps an extension of the driveway for the main '`�
�,
residence.
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Access Road/Wetlands - Staff's on-site investigation confirmed that the small pocket of �
wedands depicted in the submitted site glan is actuaily part of a larger high quality wetland
ecosystem. The majority of the wetland system is located to the north of the access road and
consists of a series of ponds. Staff is uncertain when the road was constructed through this
narrow portion of the wetlands. As discussed at the January lOth meeting, Staff included a
' condition of approva! which prohibits the widening of the existing road, so that Curther
disturbance of the wedands can be prevented.
RECONIIY�NDATION: Staff recommends that the Boazd approve the Pfanenstiel Lot 6 1041
Hazard and Generai 5ubmission•Review,subject to the condiiions in the attached resolution.
ATTACAMENTS:
1. draft resolution
2. Staff inemo to P&Z w/attachments
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STATE 6F CO�ORADO aEFEa ro -t'S`�''''
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Roy Romer,Governor /' �-��•`�.'.�>��•
DEPARTMENT OF NATURAL RESOURCES r" �j'�`�( LO���O �•. y'' "' •
DNtS10N OF WILDLIFE � d W�+. `-
AN EOU�L OPP3RTUNRY EMPLOYER ��+ ,y -���
Perty D.Olson,Direetot '�}O yq . A'
6080 eroadwey 'V OF� '
Oenver,Colwado a02t8 � . -
Teiepnone:(3�13)297•1192 For 6�Idlije- ���':
FarPeople �
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3-22-96
Pitkin County Planning �;r`�
130 S. Galena
Aspen, CO 81611 � ,
Dear Rick: �
As per our conversation, you have identified an alternative �
accessory or agriculture building envelope for Pfanenstiel Lot 6 S
immediately east of the primary building envelope in a small
clearing. This site would be preferable and less impactive to
wilcllife than the original site due to its location 2ower on the ,
ridge and the surrounding vegetation which can be used as a �
screen. It will help maintain the disturbance clumped with the �
main homesite. i
' IE you have any questions, please give me a call.
Sin�ly,
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� Kevin W�ag t
' District ildlife Manager
Carbonda e
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DEPARTMENT OF NATURAL RESOUFCES,Kenneth Salazar.Executive Director �
� WILOLIfE COh7MISS10N,William F.Hegber9.Member�E4don W.Cooper,Chairman•Feliz Chavez,Member •Rebecca L.FranK.Member
Louis F.Swift,Member•George VanOenBerg,Member•Larry M.WrighL Memher•Thomas M.Eve,Memher � .
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AGENDA ITEM SUMMARY tY- `.,
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TO: Board of Counry Commissioners i�`
Pubiic Hearing: March 27, 1996
THROUGH: Cindy Houben�����' �- •
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FROM: Francis X.Krizmanich ��` , .
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RE: Hidden Meadows Subdivision Amendment-Lot 3 i
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DATE: March l9, 1996 � `
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ISSUE: The applicant requests approval of a subdivision amendment to relocate the '�j.
building envelope on Lot 3,Hidden Meadows Subdivision. � .
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APPLICANT: HAVAPART,a Califomia limited partnership �
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LOC.�TION: Lot 3,Hidden Meadows Subdivision is located adjacent to and northwest '
of the Town of Snowmass Village. The property is accessed off of the Divide Road. A
viciniry map is included in the application. _
REFERRAL r1GENCY COMMENTS: Comments were received from the Zoning and
Environmental Health Departments. Their comments reflect standard conditions
contained in the previous subdivision approval. These comments are attached. The
Town of Snowmass Village also submitted comment. The town does not appear to have
any concems regarding this amendment. Marty Pickett,representing the owner of
adjacent lot 4,requested that any driveway cuts be revegetated and that lighting be
downcast.
PLr1NNING STAFF COMI�LENTS: This application to move the approved building r
envelope on Lot 3,Hidden Meadows Subdivision is required to be reviewed as a Major �.
Plat Amendment pursuant to Section 3-190.90 of the Land Use Code. Section 3-190.90 !y
contains the following requirements: (
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"3-190.90 Major Plat Amendments j..
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A subdivision exemption for major plat amendment may be permitted subject[o `
compliance with the standards in this sec[ion(refer to Section 4-60 for procedures and
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Section 5-60 for submission contents). ' , -
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A. Amendments shall be consistent and compatible with the surrounding '
neighborhood. �
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B. Additional community impacts resul[ing from the amendment shall be �� ,�
completely mitigated by the applicant. �.
C. The amendment must comply with the standards of this Code whichever is
applicable."
The Staff opinion is that the proposed movement of the building envelope apgroximately ,:r
100 feet to the northeast has minimal impacts and complies with the above criteria. ,
The applicant addressed the issues which appeared most relevant from previous reviews.
These issues included drainage,wildfire,wildlife,scenic ove�lay-ridgeline,geologic `
hazards. The pmposed site is better suited from a geologic and drainage standpoint E
because the previously approved envelope was split by an existing drainage swale.
Wildfire and wildlife impacts have been addressed in the recorded subdivision
improvements agreement and recorded covenants. The new site does not impact the �
mapped ridgeline;however,the Staff notes that home size and height were restricted to '
6,000 square feet and 38 feet high,respectively.
� There do not appear to be any substantial issues associated with this application that have
not been adequately addressed through the previous Low Impact Subdivision approval.
RECOMM�NDATION: The Staff and the Planning Commission recommend approvai t'
to the Board of County Commissioners of the Amended Plat of Lot 3,Hidden Meadows `��
Subdivision,subject to the following conditions(a resolution is attached):
1. The applicant shall submit an amended plat for recording which complies with the
standards of the Land Use Code. .
2. ''he applicant shall adhere to all representations and commitments made with
respect to this application.
3. All previous conditions of approval for the subdivision remain in effect and shall
be adhered to by the applicant.
4. Driveway lighting and outdoor ornamental landscape"uplighting"is prohibited to •
minimize visual impacts. All other lighting shall comply with the County Land '
Use Code standards.
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AGENDA ITEM SUMMARY ;,-�;� '`-
TO: Board of County Commissioners ! `
Regulaz vleeting-March 27, t996 �`=
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THRU: Cindy Houben, Community Development Director �
FROM: Elten Sassano,Senior Planner
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RE: Bighom Ridge Subdivision-Final Plat �;�. `
APPLICAN'i': Peter Martin and Dale&Pamela Damell ,
APPLICANT'S REPRESEN'TATIVE: PeterMartin '
REQUEST: Pursuant to Section 5-40 of the Land Use Code,the Applicant is requesting
tin:il plat approval for the Bighorn Ridge Subdivision which is comprised of 41ots on a 57.7
. acre paccel.
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LOCATION: East Redstone
ZONING: AF-t
. ACCESS: Lots 1 and 2 aze accessed from the Reservoir Road and I.ots 3 and 4 are �=
accessed from Firehouse Road.
BACKGROUND:
� The proposed subdivision received General Submission approval pursuant to BOCC
Resolution 92-260, approved on Augusi 4, 1992. As part of the Genera(Submission
approvai, the Board granted 104t approval For construction of one single-family �
residence on the subdivision parcel(Lot 4),based on the premise that the parcel had one
development right regardless of whether thc four loi subdivision was granted final
approval. A residence has been constructed on that parcel.
• Detailed Submission approval was granted pursuant to BOCC Resolution No.94-71,on
March 29, 1994,The approva]was premised on the relocation of buitding envelopes for
Lots 1 and 2 to avoid rock.Fall hazard;on the demonstration of 6re flows at a minimum .
of�00 gallons per minute; and on Fire Chief approval of a tumaround for emergency
access.
• During the incerim between Detailed Submission and Final Plat, the appiicant
conswcted the infrastructure for the subdivision,including driveways,water and sewer ,
lines,electricat and telephone lines and iastaliation of fire hydrants, -
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1. Division of Wildlife-Mr.Wright recommends that pazagraph#11 of the Covenants be ���-' '.;
revised to indude specifications for "bear-proof' gazbage receptacles. Mr. Wri�ht's
comments are attached to this memorandum as Exhibit B.
2. Redstone Water and Sanitation District-The District Board forwards the following ;�'?
comments:
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• Water and sewer lines have been constructed and connected .to all four lots in �.
accordance with rules and rep lations of the District; !.,
• Required fire flow tests have been conducted; �
• Water and sewer tap fees have been prepaid by Bighom;and 1
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• The proposed easement agreements and plat lang�age are acceptable ro the District.
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Comments are attached to this memorandum as Exhibit C.
3. Historic PreservaGon Officer-Ms.Amidon notes that Covenants adequately reference Y'
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requirements for Redsrone HPC review of individual residences.Comments are attached to �
this memorandum as Exhibit D.
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4. Land Management-Mr.An[hony forwards the following recommendations:
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• To be consistent with past County policy,release of the revegetation bond should be
tied to success of the revegetation rather than to a specified time frame of one years
0 owin�season;
• Of the two seed mixes proposed for revegetation,the"Custom Seed mix for Mountain
Meadows"is the preferred mix. ^
• The$2720.00 financial assurance for revegetation should be collected concurrent with "
recording of the Final Plat. �
Mr.Anthony's comments are attached to this memorandum as Exhibit E.
5. Crystal River Caucus-The Board of Directors has reviewed the application and has no
comments or objections.The Caucus letter is attached ro this memorandum as Exhibit F. �j
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6. Colorado Geological Survey- Jeffrey Hynes notes that all adverse geologic conditions , ,
previously noted have been adequately addressed.Comments are attached as Exhibit G. "
7. County Engineer-Mr.Eylaz no[es that there should be a separate legal description for -i•
the Pitkin County park parcel called out on the final plat,and that the"Basis of Bearings" �?: ,
for the legal description must be identified on the plat. (Upon receipt of Mr. Eylaz's �:�f -
comments,the applicant revised the Plat ro identify the Basis of Be:u-ing.)Commenu are � � � -_
attached as Exhibit H. ��, j
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8. Environmental Health-The Environmentai Health Department recommends standard
conditions regarding requirements for submittal and approval of fugitive dust control plans '
prior to commencement of construction,and receipt of fireplace/woodstove pemuu prior to • '.
building pernut issuance. Comments are atiached as Exhibit I.
9. Zoning-.Ms. Schaffner recommends that the following clarifications be made to the _
Covenanu,Piat and conditions:
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• Accessory and a�icultural suuctures will be included in the allowable 4,500 square feet
of residential floor area per lot unless specifically exciuded. -
• Paragraph#6H of the Covenants should state that floor area and building height will be '
calculated in accordance with Pitkin County Land Use Code regulations in effect at the
time of issuance of a building permit.
• Covenants should stipufate that with the exception of utilities, approved trails and
access drives, all development includino landscaping must be contained within the
building envelope. '
• T'he access drives for L.ots 1&2 should be clearly identified on the Plat. �;'�
• [f there are covenants which specificatly retlect conditions of approval, a stipulation � :
. shouid be added that such covenants will be enforced by Pitkin County and shall not be
amended without Boazd of County Commissioner's approvai. 7
• It should be noted that no development with the exception of approved trails,shall be
permitted within the private Open Space parcel.
• If development on the dedicated Park pazcel is contemplated, allowed uses should be ;
identified at this time.
. • Condition #l2 of the Detailed Submission Reso shoufd be re-phrased to state that
development on each lot shall be subject to review and approval by the Redstone HPC.
Comments are attached as Exhibit J. ��
10. Open Space and Trails Board -The Open Space and Trail Board forwards the �
following comments:
• The Boazd has de-emphasized trail construction for the present in order to focus on open (�
space acquisitions: !
• The proposed trail dedications must go to the Board of County Commissioners rather �
than the Open Space Boazd due to restrictions in the OS&T Boazds enabling Iegislation; i
� • Specific and intensive maintenance functions stipulated in the draft trail easement I �
agreement may be di�cult to implement, as the County does not have a readily ;
avaiiable source of funding for bvitding and maintaining irails and active parks. �
Based on the di�culty and the expense of buildin�a trail above Reservoir Road(due to �
• the steepness and geologic concems of the terrain) and due to potential impacts on i` �
wildlife,the OS&T$oard indicates no support for the upper trail nor any inclination of , - _
ever building a trail in this location. � , �
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• The Board recommends that in the event that an easement for the upper traif is accepted
by the County, that ciauses in the drafi easement regarding the assumption of '
responsibility and liability for waming the pub[ic of geologic hazards and ctosing che `
trail during periods of potential danger be stricken from the document. . ~:
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Commenu are attached as Exhibit K.
STAFF COMMENTS/ISSUES
1. Final Plat Exhibit-The Final Plat exhibit generally complies with Land Use Code
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requirements. However,3taff recommends that the following modifications be made to ,"
the Plat prior to recording: • _ .
• The legal description of the property encompasses the'.'itkin County Park Parcel.
There should be an exception in the description showing this out parcel or the
dedications on the face of the plat should show a legal of this parcel with the '
accompanying dedication to the County.
• Driveway(ocations for Lots 1&2 must be identified on the Plat.
• The building envelope on Lot 2 should be modi�ed to eliminate the portion located
within and to the south of the trail easement.
2. Covenants-5taff recommends that the following amendments be made to the
Covenants prior to recordino:
• Paragraph#Z should be modified to state that,`"The property above the 7,400 foot
ele:�ation shall remain undeveloped with the exception of County dedicated �
. trail(s)and park space,and shall be maintained as nearly as practicable in its natural
state for the preservation of native vegetation,birds and wildlife.
• As Detailed Submission was approved prior to revision of the Land Use Code,otd
langua�e for wildfire mitigation was used relative to allowed roofing materials. Staff
recommends that#6E be modified to eliminate the ailowance for shake shingles,and
that covenan[s state thay"Roof constncction shall be Class A,non-combustible(no
wood shake/shingles)material with no tlat roofs:'
• Para�raph#6H should be modified to state that building height will be calculated in
accordance with Pitkin County Land Use Code regulations In effect at the time of
building permit issuance.
• Para�raph#6H should a[so state that,"No landscaping or residential development,
with the exception of access roads,utility installation,trails and wild�re mitigation
stipulated in paragraph#12 shall occur outside of buildina envelopes designated on •
the finai plat.
• A house size restriction of 4,50�square feet was placed on all of the lots as part of
concepmal approval. The Land Use Code stipulates that on lots of less than 20 acres
in size,floor area calculations are inclusive of all structures on-site,including
residences and outbuitdings(though 750 square feet of garaae space and 4,000 square
feet of below grade residential space are currently exempted from the floor area -
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calculation). Staff recommends that paragraph#bH be modified to state that,"The '
maacimum floor area on all lots shalt be 4,500 square feet calculated in accordance `
with Pitkin County Land Use Code regulations in effect at the time of building
permit issuance.Staff recommends that iot purchasecs be put on notice chat floor ' `^•
area restrictions are inclusive of residences and outbuildings. ��=
• Paragraph#11 regarding wildlife mitigation shoutd be modified to inciude
specificatioas for"bear-prooP'garbaga receptacles(available from the North �
American Bear Society,and/or the Division of Wildlife).
• A paragraph should be added stating that paragraphs#2,bE,F and H, 11,l2,13 and
l4 sha!!be enforced by Pitkin County. Any amendments to these paragraphs will
" require approval from the$oard of County Commissioners in a pubtic hearing. '�r�'
3. Subdivision Improvements Asreement-Subdivision infrastructure,including road . -
improvements and utilities has already been constructed. The applicant has provided an •
agreement to address reve�etation of access road impmvements and u[ility line extensions
at an estimated cost of�2,720.00. Based on the fact that revegetation of disturbances was
completed last fall,the applicant indicates that he would prefer not to post a bond. Staff
recommends that financia!security be accepted by the Counry ro ensure the success of the
revegetation effort. Staff recommends that the following amendments be made to the
Improvements Agreement prior to recordin,:
• Substitute the Mountain Nleadows&Native Wildflowers Seed mix list for the species
list currendy attached to the Agreement as Exhibit B;
• Provide performance standards and revegetation techniques referenced in pazagraph
#1 of [he Agreement;and
• Revise Paragraph#Z to state that release of the financial security shall be based on the
' success of the reve�etation rather than on the expiration of one full growing season
following the date of revegetation.
4.Trai1 and Park Dedications-Two trail easements and a pazk dedication of.276 acres
are being provided to the Counry�s required mitiaation.
• One trail alignmenc follows the Firehouse/Hill Road on the southem periphery of che
building envelopes on Lots 1&2. This alignment has historically been used by
residents of Redstone and no significant improvements are required for its use. The
easement is referenced on the Plat and a draft easement agreement has been provided.
• A draft construction license and easement agreement has been provided for the
proposed trail ali�nment to the north of Reservoir Road. The Plat identifies a 100'
wide corridor for a 10'wide easement. Presumably,upon completion of trail
construction,an as-built alignment wiIl be identified on an amended plat.
• A draft agreement for[he dedication of a?76 acre park land to the County has been
submitted by the applicant.
Construction of upper trail-The Open Space and Trails Soard has indicated that they
would never pursue trail construction afong the upper trail alianment.Staff believes that i_
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while this alignment does not provide access to public lands,it has merit because if �`. =" '��'
constcucted it will provide a local loop trail for residents and visitors in the Redstone '
area. `
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As there is cunent[y no County funding available for construc[ion or maintenance of the ?'�.':-,:
trail,the draft license�greement stipulates a ten year term,during which the County has
the option of constructing the trail or allowing the license and easement agreement to i `:
terminate. Tom Newland,Assistant County Manager,recommends that the Board accept
the terms of this agreement in order to have the flexibiliry to construct the trail in the �j.`.?-
future if it is desired and funding is available,or to let the easement lapse if the trai]
cannot be funded. 4' :°r
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Trail easement language-In addition to standacd"hold harmless"language in the draft t .
easement for both trails,the applicant has included Iangua�e in the easement for the lower i
trail which suggests that the County should not anly warn the public of rockfall hazards '
associated with the trail,but should monitor the condition of the trail and the slopes �
above it, and close the trail during periods of potential danger. 3taff recommends that �
the easement lan�uage be revised to require only sianing of the trail to notify the public of � .
potential hazards. Commencs from the County Risk Manager and the County Attomey ��;.
with respect to the proposea language will be provided at the meeting. iv
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" Park land dedication- Staff envisions the Qroposed park area as being left in its natural '�
state for passive uses such as picnicking. As there is currently no funding available to i
maintain the park,the Assistant County Manager recommends that a similar 10 year term
be stipulated in the park dedication agreement,during which the County will establish {t
funding for maintenance of such a park,or convey[he property back to the subdivision as
private open space. Staff recommends that the applicant provide a legal description for
� the park parcel prior to recordin�oF the dedication and conveyance to the County.
Other-As required as part of Detailed Submission approval,the applicant has provided
uocumentatioa of the following accomplishments:
• Building envelopes on Lots 1&2 have been adjusted to eliminate and/or minimize
rockfall hazard to the satisfaction of the Colorado Geological Survey.
• The Redstone Water and Sanitation District water main has been looped through the
Bighorn Subdivision. Fire flow tests conduc[ed by the Cacbondale&Rural Fire �'
Protection District demonstrate an adequate fire flow of a minimum of 500 gallons
per minute for all three hydrants in the subdivision. s
• The Carbondale Fire Marshai indicates that Subdivision road improvements to
accommodate emeraency access were coordinated with che Fire District and `�
adequately constructed. �
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RECOMMENDATION:
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Staff recommends approval of the Bighorn Subdivision Final Plat subject to the
conditions in the attached Reso[ution. -�'
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EXHIBTTS �
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A-FIIVAL PLAT 'I
B-DMSION OF WII..DLIFE COMMENTS �'�`
C-REDSTONE WATER AI��SAN DISTRICT COMMENTS �;}
D-HISTORIC PRESERVATION OFFICER COMMENTS = -
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E-LAND MANAGBMENT COMMENTS '' ' -
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F-CRYSTAL RIVER CAUCUS COMMENTS �r:����.'':.�t`
G-COLORADO GEOLOGICAL SURVEY C�MMENTS �'� '"
H-COUNTY ENGINEER COMMENTS �.r� .�,
I-ENVIRONMENTAL HEALTH COMMENTS ; 1�
J-ZONING COMMENTS :y"'�•' '1�y
K-OPEN SPACE AND TRAII..S BOARD COMMENTS •_
J-APPLICATION i':�`r
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PETER A. MARTIN '� •
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A PROFESSIONAL LA4 CORPORniION � -���
0102 FIREHOU54 ROnD
REDSTqNE,COLORADO 8162J .t
FACSIMILE(970)963•�]IBS TELEPHONC f9701�63-IOBB � 't•
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March Z7, 1996 �
Ellen Sassano, Planner Board of County Commissioners
Aspen/Pitkin Planning Office Pitkin County Courthouse �`
13o South Galena Street Aspen, Colorado 81611 �
Aspen, Colorado 81611
Re: Bighorn Ridge P.U.D.
Final Plat Application
BOCC Meeting of March 27, i996
Bear Ellen and Board of County Commissioners:
We are in receipt of your Agenda Item Summary, Staff
Comments/Issues, and proposed Resolution. I have also conferred
with Debbie Quinn regarding revisions to the various legal
- documents. Nearly all of the staff comments and recommendations
are acceptable to the applicants. We accept the legal department's
suggested revisions and will incorporate them in the legal
documentation.
, We do take exception to the following Staff Comments/Issues
presented in the Staff Summary: ;
� 1. House Size - Joanna Schaffner's memorandum (Exhibit J)
questions whether the 4500 square foot limitation of floor
area was to limit only the house size or was to be inclusive
of accessory and agricultural structures. Applicants were
directed to suggest a house size at the time of approval of
their General Submission. We initially took the position that
there was no legal justification for applying a different
standard to Bighorn than was general2y applicable throughout
Pitkin County. (See Ordinance 92-OS}. Applicants u2timately
proposed a limitation of 5500 square feet applicable to the
dwellinQ with design being the key architectural factor. P&Z
and the staff were pushing for a house size limitation of 4500
square feet. Jim True commented that he felt comfortable with
allowing the 5500 square feet because the HPC would be
evaluating how it was designed. Boh Child thought that there �
needed to be a number associated with size from the BOCC so
that the HPC would not be stuck with regulating up to some
• enormous size. The videotapes and the minutes clearly reflect
that these discussions had to do with the house size -- not
with outbuildings or separate structures. A motion to a1Zow
a 4500 square foot house was passed on a split vote. This
limitation was more restrictive than applicants considered "
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Ellen Sassano, Planner '
March 27, 1996 - . �
Page Two �:,_ .�
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fair, consistent, or reasonable. Nonetheless, we reluctantly '��� ��
accepted it as a condition of approval and should not be asked ,.
to renegotiate downward at this time. Ms. Schaffner's point �`�`
is well taken that this needs clarification. We were
concerned with building mass and not FAR as these lots with a �_
4500 square foot house would have a 1/50 ratio. However, this F',�
issue was debated and resolved. As a matter of honor, it �:.r. `
should not be revisited.
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Sec. 6-H of the covenants restricts the size of the dwellinq � '
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to 4500 square feet. � . '
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2. Redstone Historic Preservation Commission - Ms. Schaffner
wants all houses to be subjeat to review and �pproval by HPC. f�
The applicants strongly support the HPC. Ann Martin served on
the commission foY several years. Peter Martin has, over the �
years, sold properties reserving the riqht of architectural �
approval in order to back up recommendations of the HPC. That °`�
being said, the HPC is an advisory board. Its jurisdiction �%..
and powers are defined in PCLUC 7-10.40 and its origin dates ��
back to 1980 when it was created by Resolution No. 80-58. The
RHPC is not a "decision-making body" as defined in PCLUC 4- j
110-10. It is not appropriate to require applicants to
contractually endow the HPC with dispositive power when it is
by law an advisory agency. The Bighorn covenants put future
. buyers on notice that all lots are within the jurisdiction of
the HPC. Further, the declarants have reserved to themselves
� even more stringent rights of architectural approval.
Please note that the memorandum from Amy Amidon (Exhibit D}
states that she has no comments and notes that the covenants
make reference to the required review. �
3. Landscapinq - Ms. Schaffner recommends and the proposed �
Resolution provides that no landscaping shall occur outside of �.
the building envelopes. This was never previously discussed. 1
The building lots would generally be considered as within the
urban area of the village. Future owners should have a right
to landscape. More than half the property (35.699 acres) is �
dedicated to open space which is to be kept in its wilderness
state. It is totally unreasonable and impractical to prohibit
landscaping beyond the building envelopes. Who would enforce •
it? More pertinently, the applicants' rights were vested at
the time of Detailed Submission and this proposal falls r
outside of any exceptions to the vesting rules. A ves�ed
property right precludes any land use action which would alter
or impair use of the property as set forth in the Site
Specific Development Plan. (See C.R.S. §24-68-105 and PCLUC
4-140.) . ' -
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Ellen Sassano, Planner "
March 27, 1996
Page Three �t��: �;,
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4. Plat Map - We have added the '�Basis of Bearings'� as requested
hy the county engineer. We prapose to attach the Iegal !"
descrip�ion for the park to the dedication agreement -- rather
than cluttering up the glat -- since it was staked in the �',�;.
field and is clearly shown on the plat. Zn view of the stafE .
comment that the park might be recanveyed if not developed ' ';r��
within ten years, it seems more appropriate to attach the k .;
legal description ta the dedication document rather than show ;��. ,
it on the plat. '7 .
The contents of the Final Plat are defined in PCLUC 5-40.20
and our surveyors advise that it would be extraordinary to J��
show driveways. These were defined at the time of Detailed �
Submission and have been constructed in accordance therewith. �''
The code requires that the "Final Plat shall incl.ude only the
information required by this Section 5-40.20" and it is �".�,
inappropriate under the code and Colorado statutes to include "� ,
_ extraneous materials. This just sends us back to the drawing �:,'.
board one more time. ,�
Staff requests that the building envelope on Lot 2 be modified �
to eliminate the portion located within the trail easement. '
The envelope was designated at the time of Detailed Submission �,
and it was anticipated that the RWS loop line would be located `
. further to the west. Severe rock conditions required that the
line pass through the building envelope but, if necessary, we
could slightly enlarge the building envelope on the opposite
side if so directed by the BoCC. We did not deera it
appropriate to change the building envelope after Detailed
Submission but the adjustment would be relatively minor and �
can be easily accomplished. The size should be the same. �
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We will attach a separate memorandum detailing and implementing the
other staff comments and recommendations.
vezy truly yours,
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Peter A. Mart}ti ,` "
PAM:cf / f
Attachment 'i'
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. MEMO
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DATED: March 26, 19% � � �=
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RE: BIGHORN RIDGE
SUSJECT: IMPLEMENTATION OF STAFF COMMENTS AND RECOMMENDATIONS ���
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The purpose of this memo is to detail, cross-reference and f `
impiement staff comments and recommendations. Applicants ,��'
previously furnished their observations and comments regarding ."T'� - '
referral responses. we received only last Friday the staff inemo •
from Zoning. We talked yesterday with Assistant County Attorney,
Debbie Quinn, and agreed to the revisions which she suggested in ��'
various legal documents which are detailed below. ��' '
A88ISTANT COUNTY ATTORNEY �
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1. TRAIL EASEMENT AGREEMENT ''
(Firehouse Road/Hill Road) � '
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q3 - Care and Maintenance . '�
Delete first sentence on page 3: "Grantee's maintenance ��
responsibility...maintenance." .
q4 - Geological Hazards
, Substitute the following languaqe: "Grantee acknowledges that
- portions of the easement may be subject to geologic hazards
and Grantee expressly assumes all responsibility and liability
for warning the publia of such hazards by placing signs at the
formal entry ways to the trail."
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�'7 - Grantee's Obliqations
Change to: "Provide a Certificate of Insurance" - not co-
insurance. �
Z. CONSTRUCTION LICENSE AND EASEMENT AGREEMENT �
(Above Reservoir Road)
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. Q3 - Change to: "Construction shall be at the option of the
Pitkin County Board of Commissioners" - not open space. �
q8 - Grantee's Obliaations � -
Change to: "Provide a Certificate of Insurance" - not co-
insurance. �
3.. PARK LAND DEDICATION
gi - Insert: "Specific legal description prepared by SGM."
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�(3 - Change to read: "The use of the pazk by the Grantees is .
limited to public recreational purpases." (Delete reference •
to access).
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Q4 - Change to: "Grantee acknowledges that portions of the , ~:
easement may be subject to geologic hazards and Grantee �'r -
expressly assumes all responsibility and liability for warning ''
the public of such hazards by placing signs at the formal
entry ways to the trail."
4. TERM -
Need to incorporate similar language from upper trail with , '.
Grantee being respansible for improvements but having option � :r
to abandon after ten years. Your memo states: "The Assistant
County Manaqer recommends that a similar ten year term be - •
stipulated in the Park Dedication Aqreement, durinq which the .
county will establish funding for maintenance of such a park,
or convey the property back to the subdivision as private open �
space." -
5. PLAT
The easement to RWS along Reservoir Road follows the alignment �
of an existing easement previously granted to the United :�•
States of America for access to East Creek trail. Debbie �'
. Quinn requested that a reference to this easement be made on
the plat. SGM has a copy of this easement and can easily add !
the Book and Page number to the plat map. �
6. SUBDIVISION IMPItOVEMENTS AGREEMENT +
, The improvements have been substantially accomplished. Debbie
requests that we delete paragraph 3 relating to "Bulk Sale" �
. and we have no objection. The document needs to be redone to ` '�
reflect what we have already accomplished and to provide for
whatever financial assurances are still appropriate. Should
be no problem. Steve Anthony (Exhibit E) expressed his
preference for the seed mixes which appear in Appendix 6. We
have already sown these along with planting daffodils and i
transplanting trees. (The Exhibit B in Appendix 7 was
apparently out of a textbook and we are not actually using '
it.}
DIVISION OF WILDLIFE
1. We have no objections to incorporating or referencing the
specifications for "bear proof" gazbage receptacles. We
requested a copy from the planning ofEice. We contacted DoW
but Xevin is on vacation. They referred us to the North .
American Sear Society. We made a long distance phone call to
a number supplied by DoW. It was a private residence. As a
practical matter, we neighbors keep our garbage within our �
garages until it is time to be picked up. If this is goinq to
be a routine requirement of PitCo, then somebody should study
the specifications, confirm that they are effective, and
furnish us a copy of the required language. �
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REVISIONB TO PROTECTIVB COVENANTB '�`°�
1. With the exceptions of the limitation on house size, 'J�.�:.;�
landscaping being confined to the building envelopes, and the '
role of HPC, applfcants will revise the covenants and ` �':.•,;� ,
incorporate the language requested by staff. '.
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. MEMOI2r1lYDUM •.T' .��-`�( i,��' .�
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TO: Boazd of County Commissioners �-'' �;�,
Regular Meeting-March 27,1995 � •
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THRi1: Cindy Houben,Communiry Development Directo f ' `
v i.�.
FROM: Suzanne Wolff;Planning Office
'�:f...':.
RE: Izavitt Caretaker Dwelling Unit Review �`;r.�
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REQUEST: The applicant requests approval to convert an existing bedroom into a caretaker �
dwelling unit of approxirf�ately 450 square feet of net livabie floor area,pursuant to Section 3-
1�0.130 of the Pitkin Counry Land Use Code.
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APPLICr1NT: S.Robert Leavitt `
{
LOCATION: 0472 Light Hill Road;Lot 3,Block 3,Filing 3,Gateway of Snowmass Mesa �%,t
Subdivision
ZONING/LOT SIZE: The lot contains 1.06 acres and is non-conforming in the RS-30 zone �
district.
WA i ER/SEWER: The property is serviced by the Gateway of Snowmass Mesa Subdivision .-
water system. The existing septic system is af adequate size to accommodate the caretaker unit.
REFERRAL AGENCY COMNIENTS are attached.
.3
1. Environmentai Health: The Environmental Health Department requires a letter of intent
from the Gateway of Snowmass Mesa Subdivision approving che additional water usage for �;
[he unit.
2. Zoning: The Zoning Officer notes that the proposed caretaker unit is located within the
existing residence and dces not affect the allowed height,floor area or setbacks for the
parcel. The Gateway Subdivision has been incorrectly identified since 1977 on the County ��
Zoning maps as being zoned RS-30;by Resolution No.75-28 the subdivision is zoned R-30
(see attached memo from Francis Krizmanich dated 7une 27.1995). Based on the zoning ��. ,
map,staff has considered the subdivision to be zoned RS-30. However,Section 3-20.20(C)
of the Land Use Code states,"In the event of a conflict between the Official Zone District �
Map and a resolution of the Board of Counry Comrreissioners amending the map,the �j�
resolution shall prevail." The Board's approval is required to allow a caretaker unit on a .
nonconforrtilng lot in[he RS-30 zone district;however,if the property is considered to be 'j .
zoned R-30,the cazetaker unit couid be approved by the Community Development Director , . -
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since the]ot is conforming in that zone district. Since the subdivision has been represented I .;�.,'-'`�
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in the past as being zoned R5-3Q staff has proceeded w'rth thes application to the Boazd.
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3. Aomeowner's Association: Allen Adger,representing the Gateway of Snowmass Mesa .'=
Subdivision Property Owners Association,states chat the Association is opposed to any � -
applications for caretaker units in the subdivision because"Gateway Subdivision dces not '.
have,and has not applied for,adequate watec to supply caretaker units in the subdivision:'
Mr.Adger also notes that the subdivision's covenants do not allow caretaker units. The
covenants state: "No buiiding shal!be erected,altered,placed or pernutted to remain on
any lot other than one single-family dweIiing and a private garage..,:'
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4. Nousing: The Housing Office stated a concem that the unit did not appear to have a private _ .
entrance or natural light. Staff has verified that the unit is located in a walk-out basement .
with a separate entrance and has two windows providing natural light. Based on
compliance with those issues,Housing recommends approvai of the caretaker unit,subject '
ro recordation of a deed restriction for the unit and submittal of a copy of the actual floor �
plans of the unit showing the net livable square footage to the Housing O�ce prior to
buildin�permit approval.
STAFF CONIMENTS:
Compliance with Section 3-I50 130B1 of the Land Use Code
Pursuant to Section 3-t 50.130(B)of the Code,the Board may permit a caretaker dwelling unit of
700 square fee[or less wfthin the principal residence in the RS-30 zone district�tnder the following
conditions and timitations }�
1. The rotal floor area of the principal and catetaker unit shall not exceed the allowable FAR
of the applicable zone district;
Response: A maximum floor area of I5,000 square feet is currently allowed in the RS-30 zone
district. The floor area of the residence,incIuding the caretaker unit,is within the macimum
allowed.
2. There shall be provided one off-street pazking space for each bedroom in the cazetaker unit.
Response: Off-street parking is provided for the caretaker unit.
3. The applicant shall deed restrict che unit to comply with the caretaker unit deed restriction
pursuant to Section 3-150.130(B}(3}of the Land Use Code. '
Response: The applicant has agreed to deed restrict the caretaker unit in accordance with County
regulations.
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4. The dwelling unit deed restriction may only be removed upon approval by the Board of
Counry Commissioners. ,.
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Resgonse: The applicant agrees to comply with this restriction.
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Greg and Pam Keran,adjacent property owners,oppose approvat of the caretaker unit. Their
concerns include inadequacy of the waier system and the impact of additional tcaffic on the road,
which is maintained by the Homeowners Association. The Kerans state that the subdivision has
experienced water outages in the past,and although the Wrater system was recently upgraded,it is .
not adequate�o accommodate additionai use,other[han that required to service unbuilt lots.(L.etter
attached).
In response to the concems of the Homeowners'Association and the adjacent owners,staff makes '
the following comments:
The subdivision's covenants allow"one single-family residence",but do not specificalty prohibit
caretaker units. The Land Use Code defines"SingIe-Family Dwelling Unit"as"an individual
detached residential dwelling that is designed and intended to house one family at a time..."
"Family"is defined as"2 or more persons related by blood or marriage...or not more than 5
unrelated persons occupying the same dweiling unit." 5ince the caretaker unit is located within the
- residence,staff would argue that the caretaker unit would not be considered a separate residential
unit.
The Association siates that water righrs for caretaker units are not included in the Au�mentation
Plan. The applicant must obtain a Ietter of in[ent from the Gaceway of Snowmass Mesa
Subdivision approving the addirional water usage for the unit prior to issuance of a building peanit
- for the unit. The applicant will have to resolve ihis issue with the Association in order to construct
the unit.
The Kerans are concemed that the caretaker unit wouid increase traffic. Since the applicani
proposes to convert an existing bedroom to a caretaker unit,staff would argue that impacts on the
road woutd be minimai.
RECOM�NDATION: Staff recommends approval of the request subject to the conditions
noted in the attached Resolution,
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Attachments �'''
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l. Housing O�ce memo � �i;
2. Environmental Health Department Memo ,,��.i.'�.
3. Zoning Office memo .
4. Agenda Item Summary to the Board from Francis Krizmanich dated June 27,1995
5. Letter from Allen Adger,Gateway of Snowmass Mesa Homeowners Association
6. Letter from Greg and Pam Keran �'=
7. Application 'f;'�-
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Cecelia&David 2umwinkle _ . �� �-
P.O.$ox 263 � ,:� �. '
Snowmass,CO 81654 ` � �''•y � . ~'
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March 22,1996 ��''���� f��, '� ,�.
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AspenJPitkin County Deveiapment Department � . __ " �
130 S.Galena St. ' `'r I
Aspeq CO 816ll _ _i,:J%'�� s'.7..�,
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Re:Pitkin County Account#00113 � '�� , .
S.Robert Leavitt I� ,
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Dear Members:
We are writing to protest Mr.Robert Leavitt's impending action to acquire a pernut to
build a caretakers unit,on his sin.¢,,le-family dwelling lot,in the Gateway Mesa Subdivision.
�f
Mr.Leavitt built a home next to us with the intention of selling it immediate[y.He has � :
never experienced 5 to 1Q day water outa�es and has ao reasoa to worry since he does not �'�
• plan on living here long term.We would all like to build an accessory unit ta rent out for �
added income but the water system barely can service the lots that are built on now,with i
only single family dwellings.We,who have made Gateway our home,take the water
usage problems very seriously and fee!we need to protect the system we have,Running
out of water is a DRAG. 1 .x.
� Please consider tfus very carefuily and don't allow one home owner to negatively impact
the entire existence of the subdivision.
Thank you for your consideration. -
' cerely,
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C.�..� � � �' �� ,.
Cecelia&David Zumwinkle '
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� SENT BY�Xerox Telecopier 7C20 � 3—Y'f-an ; t:azNM � ine dnni- ` Taiu acu owoar«'c"'
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MoNy Campbell ' `•�
814 Ught Hilf Raad . �`'
Snawmass,Co. -
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March 27,1998 �
8oard of County Commissioners
Pitldn Courrty .
c10 Pitldn Couniy Plamm�g OKce
13D S.Geler�a SVeet °.,.�
Aapsn,Colorado 816t 1
RE Robert Leavitt Residence,Pftldn Cout�ty Axount i�00113
Oesr Commissloners:
I am writing to protest Mr.Robert Leavi�'a lmpending ac�ion ta acpufre a permit ta bui{d a
ceretalaera'tmk on his singie-famity dvrel6rtg in the Gateway Masa Subdivieion. I have three .
major concems:
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f. The Protec8va Coverrsirta of Gataway o!Snowmasa Mesa Subdivision Ilmit
canshuction on each iot to ane singl�tamNy dwelllng !bel)eve that the covenar�ts
should be reepec6eQ. !
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2. 77is subdivfslon hes an extsting very ssriaus weter prnblem that the hamsrnmers y
essoctatlon is!rylnp to address through various waEer augmentaCwn al�mativea. �
The curtent weter system is medequede dudng the drier months for the e�oeting E
build-out with sana lota eti71 vacank Homaowrte�a ara ssked fo voluntarily reaUid � ;_
wa6er during certain pe�iada. Additional caretelaar�an orte ar mase lots(as
other homeowners teke edventage aFthis oppotwniEy)wffl severely and adverseiy
- impac!tl19 Water aveilabiGty and tlte quelityy af life Po�a�homeamers. Furfher,tite
water siwadon catld rleteriorate more dremaNcaqy if addi�onal upstrnam usa,
SUCh 86 Bf10Wrtf8i$iQ et tfiB Sti0WdT868 81tl 8f�8,fUl1hA1'@TOdBS thB flBMf in
Snowmaea c+aek. �
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3. Lastlp an emotionsl issne�but en imPortaM one. The Gatewa�Mesa S�bdh+I�lon� �
along with subdivisions iiiaa LitUe E1k Creek,is orie aFlhe few remaln)np residerUtai ?.
subdivisfons thet is oocupied totaily by fu6 time residents and employses and their i
famil'ies. It ia concem�g 6o me tltat the aubdivfeton wlth the addition af varioue
caretaker units couki hemme a norrresiderrt,nan-occx�pied subdiviaion,and fhet
the oommunity would bse this resource. I migM teel dUFerentiy on this issue H the
caretakar unit were deed testrieted for employae housing,reGuired to be oecupled �
by sn emptayee,and controtled by the hausing offiCe,but the water problems
wauld stiil 6e an overriding concam and wautd net bc mitlgated 6y the additlon of � •
emptoyee housing. I truly belleve that we shoWtl proteCt our t'emaining tseident
occupfed subdlvisionswhere everthey are.
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- NI�NIORANDU�I �
: �
TO: Boazd of Counry Commissioners �`'s
Regular Meeting-ivlarch 27, 1996 � ';:;,
THRU: Cindy Houben,Community Development Dire�'[�st,� e
. � �
FRONI: Brian McNellis,Planning Office ��
. ;:.,Y.. `.
RE: Bumps/Vemier Temporary Use Pernut
APPLICANT: Bumps Restaura�V Aspen Skiing Company
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APPLICANT'S REPRESENTATIVE: Douglas Clayton
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REQUEST: The applicant is requesting a temporary use permit for the use of Bumps i'
restaurant at the base of Buttermilk ski area for a wedding on Saturday,April 13th, 1996.
- BACKGROUND:Use of the Bumps Restaurant for uses other than those associated with
ski area activities outlined in the Buttermilk Ski Area Master Plan are prohibited. The �
Ski Company has an application in process with the Counry to amend the Buttemulk
Master Plan to allow,among other things,use of the Bumps Resiaurant for special events
not associated with the Ski Area operation. In cooperation with the Counry,the Aspen
Skiing Company has put the Master Plan Amendment application on-hold until overidin� ����
• re�ional transportation issues potentialiy affecting the Buttermilk Parking Lot ca�be
resolved.As there is no desire to penalize the Skiing Company for cooperating with the
County and delaying their Master P1an Amendment process,Staff recommends that the
Board process this request for a Temporary use permit,though the proposed use is not
ailowed under the existing Buttermilk Master Plan.
EVENT DESCRIPTION: The event will take place from the hours 12 noon untii I?
midnight. Approximately t30 people will attend and a live band is expected to play from
7 P.ti1.until 11 P.M.'arking will be provided in ihe Buttermilk ski area parkin�lot.
STAFF COMNIENTS:
Section 3-20030 of the Land Tlse Code stipulates that the Board may permit the use of �
any lands in the County for temporary uses not otherwise pertnitted,provided that:
(A) The commercial activity is part of a public even[or celebration.
Sfaff Response: This is a private event. ,
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(B) An applicant demonstrates adequate provisions have been made far police '
supervision(if necessary),public parking,insurance,and site maintenance
and clean-up. �;�
Staff Response: Police supervision of this event is not necessary. The applican[ •'�
has made arrangements with the Aspen Skiing Company to use the But[ermilk parking lot
to accommodate parking. Bumps will provide staff for the matntenance of the restaurant
facility.
(C) Temporary structures constrcccted or placed on ihe premises shall conform -
to any and all applicable building codes and other County regulations.
Staff Respanse: There will be no additional structures constcucted or placed on •
the premises for this event.
(D) These permits shall be issued for no longer than 72 hours. Applications
for activities of longer duration must be approved by the Board at its discreaon.
�
Staff Response: The duration of the event is approximately 12 hours.
RECOMMENDATION: Staff recommends that the Boazd approve the proposed
' Temporary Use Pernut subject to the conditions in the attached resolution.
ATTACHMENTS: Bumps letter of request and ASC letter of authorization.
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S1'ATG OF COLOIiAUU) �:"
r:''
)ss, Co��y c�f Notice
ComtlyvFPitkin } � _
I,Andy Sforre,do sotemnly swear thnl[�m the t?dilnr '
ln Chtet of THQ ASPEN'I'IMGS:lhll lhe�nmc is��veckl��
newspaper ptinted,ln,whole or in part,and�+ublislicd In �e��.�e. �,,
lhe Counly ot Ptlkin,Stalc of Colvradu,nnd has�gencrnl Re w�� RANCN HOMES MfNOR
clrculatlon lherein;ltint said news � er has been �uL- ""1°1DA1�^'7OAO�.ovn�rrernrnR
P•P I n<an"M w n a�;sr ciW�v��,uA�',.°`nbs%
lished conlinnously and uninlernipledly in said Cc�mdy ��aea ����„e„�,,,,s�P�,
of Pltkld,for a period ot more lh�n fi[ly-lwo rnnseculi��c b��o�<<n�"$�.�a oi c�my Com�niulanen. ,�
Dhtrkt Cwnroom.506 E.Main Sl,As�n to
weeks next pdor to qie ficst puUlicalioi�o!!he e�uiexed ronalder an applkatlon suM1mmM Dy1M W/J �i�
tegal notice or adverlisemeni;q�al s�id necvspnper has R`�"�n�s"°i;m"�a nuw�imo r"a`.:�soo io �.
been adm(lled lo llie Unlled Slales maiis 1s second cin:w ;��io°o`oad,��.��r�n;i�ioo,o�m
maller under lhe prov3sions o[lt�e Act ot htarcti 3, Iti79, '�"°,Im�6ena�oi`"c�m��g.`seM"i �
' or an amendments quteof,�nd lGal SaiJ ne�vs,a�er(s� 9d5ectbn2l.antl InpaAionc W Covemmenl
Y I { w�.ze.s.�z.ia.is�eisasa+�oa:z.tia�� ��
a weekly newspaper duly quali[ied for publlshin�Icg=il �rr�.�,n�ma9saum.rwgeaswniam�cen
P.M.Foc lurther InbrmWOn conuel Eilen
. notices and adverltsemenls witli lhe meaning of Ihc Ini��s s:::a�.�cn�Aspen/Pltkln Commuefty
o(the Stale of Colorado. °eVebpinefl'°ep°"'"`"'�90�9'°509�
. . . . spame�0.Sruc,Chair.
• 8oard ol Cwnty Comm44oners
T'hat the annexed legal nolice or advcrUsemcut ivas pub- �+,��`�����M��F��
tished in the regutar and en(ire Issue o[cv ey number u( �
�sald weekly newspaper for lhe pertod o( � con5ecu-
tive insecqons;and that lhe Orsf pabl(cnliwi o[s�id n��Uce ,
• wa ln tl�e issue of sa3d newapaper dated
;�,�F A.D..19g(� and tlml lhe lasl puG-
lical n ot s�ld nolice was in lhe iss�e o[s�id newsp;�per '
dat F2�.,2`{ A.11.,19 S�.
/ + ` '.
- li
Subacrf d and sworn to be(ore inc, a nolary '
' public in d[or ll�e Cowil o(I'ilkin,Sl�dc o[Colaradc�, I
on Uils , day of .l�.,19��, ;
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Nolary Public I
�; My commisslon expires����' �;
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. I'ROOI� Ol� YUt3L1.CA'1'ION
5T'AT�OF COLORADU) �`�`
}ss. CuJ,y uf Ncrlice ':r' �
Cowity of Pftkin ) • -
I,AnAy S(one,dv solemuly swear Ui:tl 1 avi Ute Rdltur
in Chie(o[TH6 ASPEN"1'1M4S:lhat Ute nnn�c is n tiveckly
newsp�per prinled,ln,whole or tn�nr[,�nct publisl,ed In _
lhe Counly o[I'Ilkin,Slatc of Colondo,Ofltl�175 fl j�'CIICt'9I RE:`WARDP Oil H�AZARD REVIEW d
dreulation lherelm,lhat saicl newspaper ha.^.I7CC�1,111I1- CFNFRACSU6MCSSqN
lfshed conlLiuously and uninlerrupledly in said Co�iniy n�v"�w1°E��e�w rv���ee�,�27 }
o[Pilkln,fora eriodofmorethan(i[t -lwoconseculive ��.«a v�en�we�,�s�o�,
P Y oi:vke`c�'�m ws���nu s�"�'��io �.
weeks next prior to lhe(irst publicallon of Ilie annexed i��apdkuion momutM by Wyaeue
legal noUce or adverlisemenh,(h�(s�id nctivspaper has wa.a,,<yo�„i�a�a�x.:.�a x�.i:..oa
Qenerd Suhmla:lon�p ova��o cona�rue�a
been admilled to the Uniled Sthles malls as Secand clnr:. ,u�.m�.�,�e.�e«.op�nY�,w�u�e
matter under the rovi3ions o[Ihe Ad ot hf�rcli 3, I(17'.�, ���+co. Creek Road,IA know as Lot e. (
� p Redstane Unlque pro�n ta,�nd 4 ducribed
or an amendmenls thereof,and t(ial x�ld cicws m cr ie n u•w.«�o�w�a:�i uafd tn the SWIn,the
Y 1 r swusseu,.uK seuassv,..�a ux minpStrN m
a weekly newspapet duly quaUfied for publishing Ic�:d ����.TOw�+w �os�n,w„�esw�e '
a me em r,M.vo.�nn�mmrmwron�m ,
• notices and advertisemenls wiih the meauin�o(Ibe law: ��ml�ita��As�ye�rot�91n�C�muMty ;
ot llee Stale o[Colorado. ��Rn,K,p„o- i.
• � Bwrd W Cowy Commissloners�
WbWhM M The Acpen Tmes on Fe6rwry
Thai lhe annexed legat notice or advcrllscnicnl was pteb- Z�-�-'�—.--------�-------..
- lished in lhe regular and enlire Issue of cvery nuuiDcr o( .
sald weekly newspaper[or lhe period o[�^conr;ecu-
t[ve insertions;and that the prst publlc�liu�i ot saYd nutice
was ln the issue of sntc( newnp�per diitc�i
�P,O_,Zy A_D.,I9_t'j__b__ and li1�l thc lasl(�ub- '
licalion o/snid noUce was 3n lhe issue of s�id newa��;���cr
dale �{n. .',2..�1 A,ll.,l9�(�.
� �
Subscribed and sworn lo be[ore tcte, a nolary
' public in and or U�e Count of I'itkin,Sli�lc ut Coloractu,
on lhls day o[ A.I)..19��:
G� .
Notary Pub13c •
My cantnlssion expires �._Q-�$”
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Aspen,Colorad<� �.%� .
I'1ZOOF OP PUf3L1Cl1'1"iON .
STATG OF COLORADU)
)ss. Cvpy c�f Notice r�~�
County of Pitkin ) � - "
1,Aedy Siate,do solemnly swear qi�t 1�m tlte lidR��r
ln Chie[oETHH ASPEN'i'IMLiS:that the smiic is a tvicekly
ttewspapec pdnted,ln,whole or in part,ancl pubiished in
the Counly of I'ilkin,Slate o[Cobrado,and has a gencrr�l
circnlatiott therein;that said news 1 er h�s betn 7III1- P�UCNOTN:E
p�[� ( REIEAV[ITCARETAKFRDWQ.IJNCUNf4'
lished con�inuousl and uninlertu tedl m saict Cnmd NOTICE IS HEREBY GIVFt!that e ouD��c;
Y P Y� Y nc,.��,wn n�n�w o�w�an�.e.r.ma.�n z�.
of P3lkin,(or a period oE more lhan(ifty-two consecutive ises a�..�g��..�a�w�o x�n�e soo�
before tM1e 0oartl W Countq CommK�lonne,
weeks next prior to the[itst publicalion o!lhe�nnexed ou��in c�n.�om,sas c M.+�s�„�(�m�o
mroWtt an apryNCatlan mbmNte4 by S.Nobert
(egal notice or advertisement;Ihat said newspaper has Le.vitlrcquatl�appmvaldacerstaYUUmt
been admilled to the Uniled Sl�les maits as second ciass "'"m�.�«KU�Q,�,w�A«.nK p�o�er�.
- loeated at 0172 I.lehl H�ll Ro�d.antl Is
matter under the provisions o[lhe Act o(Mnrch 3, 1879, 5 uwmasssMes�SBUbivistong For i�i��
ar any amendments lhereo(,and lhat saicf newsp�per is� 1n/ormation conuct Su:nnne Wolll el tM1e
a weekly newspaper du[y qualified[or publishing leg:d Aspen/Pltktn Communlq u�,.�i,Pm���
Uepartmen[(9T0j 92o5a47.
. notices and adverttsemenls wilh the meaning Ot II1C IOIVR �67ames8TruqChoir
BWrd af CouhlY CammlNloneK
of the State oE Colorado. r+mx:hea m nK�,v�n�n�wn� �
. z�.�sss.
— _ . .
'fhat the annexed legal nolice or advcrUseme�il was pub-
- lished in the regulat and entire Issue vE evcry number c+[
�said weekly newspaPer[or lhe period o[ � consecu-
' tive insert[ons;and that the(irst publicaliun of said tiolicc
was In the issue of snjd newFpaper date�l
��.z� _A.D..14�_ and lhal lhc lasl pub-
licaiton of said nolice was 1n lhe issue of siicl news�,�per
date r'-��0. •��1 A.11.,]9 `'�_.
�
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Subscribed and scvora to be[ore me, a iiotary
' pubiic in an [or the Counf o(Pilkin,Stnle o[Colondu,
on tlils 24� day of_� .D.,19�ta : .
� -�-
Notaiy PuUlic
My eommission exp�res�''�"��'
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As�,en,Co{urado ;;�"
. Z'IZ001�� OI� �'Ul.SL1ClA7"�ON .
STATG OF COC,ORADU)
)ss. Ca�,y of Notice
.r :
Couiily o(Pititin )
I,A�tAy Stone,do solemnly swear thnl I am lhe li�(tlur
In Cliie[af T[-1�ASPEN'fIML•:S:liiat Ihc nan�e is�cvcckty '
newspapeC pdtded,ln,whole or ln parl,and publlsl�ed hi
lhe Counly o[Yilkin,Slalc of Color�do,ancl has a gencrnl `
dreulallon Iherefn;Ut�t said newsr��er has bccu puL-
itshed conlinuously and uninlerruptedly in saic(C��unly P��E
of Pitkln,!or a pedod of more lhnn ti(ly-lwo consendi��C �:y��NMFAD4W5LOT15UBDM510N '
,�n+rNn�aFxr r+once�s xencav crvrr�noi. r
weeks next prloc to tlie[itst pubiicalfon af the nnnexed V�m��n�o,��a wm e�i,��a o�w�a��,a,r.
Mnrch zt.t596.a�a requ�or men��a Uegin x
e
egai notice or adverUsemei�t;tlial said newspaper has s:ao nm ���o�e in oo.�a oi co���y
Commissioners.D1str�ct Courtroom,506 H.
been admilted!o lhe United Stales malls as secauf cln�:s Main St.,Aspm la conslder an apv�«anan
� matter nnder the provisions of lhe Acl of Mnrch 3, (1�77, mbmlued by Hawpan,a Calffornie Ilmlted
peilnershlD� equcs4ne Pprov�l.of
or any amendmen[s thcreo[,and qwt saiJ newspaper!s a na���:io��mendment ta rcbe�fe!he
6ulidfn en�etope on Lot 9.7M propert7 Is
a weekly newspaper duly qunlificd for puUllshing Icg��i a�:�.�g�a ,: �o�.a, x�ad�a Meadows
SubdlWSlon.For lurther Inlorma�lon contid
� • nOI CES Afl(I ddVCtlI501T101115 WIUL lI1C[110�ItIi7�O�II1C I:itVS Franeis KrizmaNCh at�Te AspeaJPltkin
of lhe Stale o[Colorado. ce�,m�„�uy u��ei�P�,u,�n�p,nm��e csro�
, seasiro.
' � a/lamcsRTrue.Chalr �
BoarddCoumyCOmmisaloiur. {;�_
1'hat Ihe annexed lega(nulice or ldvcrl(sement was pub- wmi.n.amm�n.n�nnmvo�e�n�.� �
lished in ttte regular and entire issue o(evcry tivaTl�cr of �''196
�sald weekly newspaper tor lhe period of�`con::ecu-
Ilve Snserllons;and lhat lhe first pub(inliun o[said noUcc
was in lhe iss�e o[ said newFpaper da�d '
�� �A.D.,19�(, and Ili�l lhe I�sl pfd+-
1caUo! n o[sald»ollce was in lhe issue o[s�id news�+aper
dale �_� A.U.,19�(o .
�� _
Sabscci gd and sworn l0 6e[ore me, a nnlary
' Public in nd fac lhe Count ot Pilkin,Shi(e o[Colcn:�du,
' on this lv day of � A.D.,19�(„ : .
Notary PubH
My cammission expires -�'i'aC _
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A!:s�cie,C��Ior.�Qn ,I,�.�•'.
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��i.zao�� oi� ��u�3�_,icn���ic�N
S'1'A'I'G OI�COLOKAi70) 'fi""..°:- -
)ss. t:u�>y u(Nulicc r..;r�',
Counly o[Pitkin )
;
I,Andy Sfouc,do solctmJy swem'1lial I:ioi Ihc lidlinr .
in Chic[oCfl lG ASPIiN'I7MI:'i:th�l lhc^,amc ts a wccl:i�•
newspa�er prinled.(n,wfiale or in pail,rynil pu6Nr.hed fn
ll�e Counly tif Pilkin,Stnlc ot Colorndn,and hns;��;cnc•r:d .
clrcnlalion llurcla;lhal F�iel newsn��,cr 6ax been puh- ����
,��SI1C(I COIII�IlU0U5I�'i1111I UIIIIIIC[19(r�CCIIy ill fi��i) (.cHilfly PLEASETAKENOTICE:7A�ttheBwrtlol
O�1 I��.�Il��OC 8 eriod o[morc lhan(i[I�-l�vn cnnsecullvc Counly Comm�s�loners of PltkRn Co�nry. �
� ) Color�do,at I�a reQulv meeebry a Mndi 27,
weeks next )(�OC�O��1C 111'S� 11i�1�1fi1(I()11 U((�IC:llllit`XC(� 1996.i�er.amy�oucea P�n�.�n�.r�as. !f.
1 1 ,aow�auKrouowiaa�w�roK
le�al nolicc or�dverlisemenh,that sald uc�v�E�a�ur 1m. a�unma�no����w+ro�a�xv��a '
' bee�t admilled lo the United Slalc,mai15•l5 SCfO11A rLu:s �art�v��ia�uk+����
CAf,rJ�n sslsnewa
u�at(er under Ute prov)siau of lhc Acl of tv(��rd�:S, 1117<,', "k:aH,�i«K.,n�wnrco���r�
or any amendmenls Ilicrco(,1re(lh�l snid news�,nper is:; �a��n�^MT"°"*a"T""n"'°r+.��
a weekty newspaper duly qonliCicd for publishin�;Ir�;nl — '
noUces rnd advertisemenls willi Ihe tneanh�p,uf Ihc In�vs
o[lhe Sl;�(e ot Colorndo.
_ 't'hal lhe am�exed lego}nolice or advcrlisvmenl�v,�s pnl,- .
• llshed in Uie regul�r nnd enlirc issue a(evcry nwnbrr u( �'�
saW wcekly newspa},cr for tiic period of_`__.ruusrru- .
live inserlions;ttnd ilia!lhc(irsl publirnlinu c>(s:�id nulice
. �w�s fn the issuc o( saiJ ncws�+�per �inl��d
_A.D.,t9_.g�_ nnd tl�ad Ihe I�ial pnb�
Iiwlion ryo[�s,a,icl�ioUce�v�s iu U�e issue uf s;�icl nc�v���aper
daled�A.b.,19 °��o-_
—�
Subscrib�d �nd s�vurn lo beforr mr, a nulory
pttbiic ltt. id[or q�e Couuly o(1'ilkln,Sl,dc n(Culuradu,
on Il�is�_doy o[ A.I)..19_�(o_.__
'����-1�2���
Nol�ry�1�i�lic
A4ymmu�issicmr.xpi�cs°�'�-Qg'
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A.^.�,en,Culorn�iv � � ,
i��zoo�� ol� z�u���icn����oN . �
s�rn7�c or.co�oiznUO� ,
)ss. Co�iy uf Nc�tice ir�
Counly oE Pilkfn ) :�
1.AnAy Sfone,do solemnly s�venr lL:il!nin Ihc IiJI1i�r
in Chlel oC17!!i ASP�N'17MIiS:lhal lhc r.mne is a�vccl:ly
newspn��er pcfnled,ln,whole or In p�tl,nnJ publl;:hcJ In
lhe Counly ot Pilkftt.Slele o[Coloradu,and Ir.is a��enc•i:il .
clreulal(on lliereln;16n1 s�id newspaper 6ns bccu p�cb-
,Ilshed conl(nuausly nnd unintcrru�dedl}'h�:nid Cvunly
o(Pllkln,(or n perlocl o(more thnn(i(�y-iwo cunseculi��e rueucrrvr�ce
weeks aex! �rlor lo Ihc Ifrsl 1UVII[i1UUll U�UIC:IItflCXCtI P«E TAKE NO'17QE:That ehc NaatJ ol
I ! co��ey commi,.io,K..o�rnr�„ca,a�Y,
' • le al nollcc of adverlfsemcnt;Uinl salJ ucws oa�cr hes Colmade,at Itsrcgulumee�H�p�Mareh27,
�i � 1 1996,after a duly-no2lceU publlc henrinQ,
' Ueen udmilled to Ute Unlled Slales mn)I,�s seaiud rl�s. , a�v��«+aw»a�¢a�oiq�w,,:
Grmt1�NMl Hatud ReNew a+W Geu�e! '
. malter under lhe provisions of tl�c Acl nf rdard�7, IIt74, SuMNssbnApProvalfmPlaxmtlNl,otfiwl�
or an amenc6nenls lhereof,nnd Uiat snicl uerv.^•+n�cr Is a °��'��Rwl Properly Rlghe puymM loTlk
Y � I N.Artkle68.Colar.do Rn1sM Stwutei
" n weekly newspapec duly qunliticd !ur��ubll.bin�;Ic�;;d �a�����Y�Y�'��k
- nofices and�dverlisemenls will�ihe meaning uf U�c In«•s
• of lhe 5lale ot Color�do. • �,
• Tha[the onnexed leg�l nollce or advcriisemenl�vas pub-
iistied In!he regular nnd enlire lssac u(evcry numhcr uf
sald weekJy newspa!�er for lhe periud uf,__cvn.ecn- .
i(ve(euerltons;attd ti�at the[frsl��ubllcnUon o[r�iJ nullce
w.s !n lhe lsstte of snlcl ncwr.paper dnied
. C��J A.U.,I9�b �ndlhail U�c Ir�sl pub- �
Ifcalfan o[said noUcc was h�tl�e issuc o[ssdil nrivspa�+cr .
daled��_A.U.,19�So ;
. ��� v�^ L+Oe�'r—
5abscribeJ nnd s�vorn tn Lcfot•c mc, n nut:uy
� publf¢6i and[or tl�c Counly o[1'ilkin,Sl:de o(Cul�irndo,
, on tlils��day of A.1).,i9 QLo--.
, t'���
�. Nat�ry PuWlc '
• My cvinn�tssiun exj�ires Q���� <
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As��ci�,Culor:�du •;'
��i.i�o�� o�� t�u�3�_.�c:n�a��o�v ; ;
5'iA'1'G Of COLOIiA1�U)
�ss. c��>�,},,,r ra�,u�:� � ::;r..'.:
Cowily of 1'ilkin j �
2.A�rrly Sfarc,(IO fiOICIIUiIj'SIVC:U'UI:II�:ro�Ihiv IiJil��r '
In Chlef o[7"Ilf:ASC(;N'flfvtfa:tfwl Ihc s�wc is n ivicet:ly
newspaper printed,ln,tvholc ur}n�rnrl.;ind puLll�hcJ lu _.
lltc Counly of Pilkin,Stalc��f Colm��cfu,�ntl lia.^.:�a;�nri�f
circulalion Wercltr,[hal s�id ne�vspn�,cr has becn p�d,_ rueucrmtyce
.I�S�1CC�COIlI�ftU0U5Iy:If1t)p111h1C1Y'ri'�(CIII}'i71 Fa1�I(.VOId�� PLEASETAKENOTICE:ThnchcHaartlol �
of 1'itkin,for a IQIIOtI OI p1Ul'C II1111(I(I -IA�a eunseculi��c co���y co��u.io��..oi ru�i�ca��er.
t Y 19C 96�tter e duly-otleed pu611c hea Ine, Y'
wceks tlexl priot lo thc firsi pnbHcalian u(ihc anui•xr_d Wopledlhefoiiowln[RaaWtbrc
legal noticc or ndverlise�nen(;!In!s�ic!ncivs>>�per h�s Gnnting 104i Haurd ReNew and Grnerd
Submbsbn Appraval lor Pfanens�eil Lot 6 wlth
been admilled lo(Ite Uniled Sl�lea maifs ns e.ecrn�d il�s:: vKi�ar,oV�nrweh+rw�,�u+onu�z�.
Mticle 66,Colorada Rehsed Aumn
maller under Uie prov►sions vt lhe Acl o(hlarch:i, It17", �mMeie.won,nePuac�myciak
or nny amendments li�crcof,nnd llml^ned��ews�,i�,c:is:: wwi.Mawrn�.v�rn�m.r�.�ms
a iviceHJy newsi��per duly quali(icd for��ublisliin�;Ic�;il
nvlices and neivertisemenls wilh Ihe inraning o(lhe ItlV•S
o(lhe Stale o[Colorado. .
. 7'hal Ihc annexecf Ie�al no[icc vr:utvcrti.^.rmenl��os��ut�- �"``
- fished in lhe regalar ancl enlire issue uf e.•cr}'rnunber u! •
said weekly newspaper ta:Ihe peric>d of �_ rim:;ccu-
iive lnscrlions;nnd lhal lhe[irsl publkiNion of�nid nalicc �
tvns in lhe issttc crf s�id nc�vs��nprr drilei}
� _��,_A.D.,!9 Q(�_ �iad Ih�l Ihc I�isl��ub- �
licallon ot saict�iolicc wns in llic issuc c,(^:�id nc�v�p;y�cr
Jal d�_A.D.,l9 °t,�__.
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Subscribed n�d swarn lo bc[orc nie. a nu1:�rY
publfc in attd to Ihc Covul o[1'ilkin,Slnlr o(Cvluradu,
o�,�t�is � ,y or n.n.,i��tb...: .
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Nulory PttLl c
A.4y commis�l�m exE,iics �`�—��
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1'I.tUt)l� OI� l.'U131_,1CA'1'ION
S'['AI'G Oi�COLO1ZAl�0) � ��:
)ss. (:o�,y u(Nulicc � ,:':; '`:
Coiu�ly o[I'ilkin ) -
I.Anrly 5(m�c,do solemnly xsvcnr Ur.d 1:un tlic Gdl�vr
1n Cltle(o['f11L•ASI'I:N'I'IMIiS:lhnl lhc sau�c is��vcol:ly
netivspaR,er prinled,In,wl�olc or in pa�l,aud publlsLcd!n
lhc Counly o(Pilkin,5lnle ot Co{orado,�nQ hns:�};'i�rrd •
circulalion llicrc)a;lhal siid newspaper 6os brcn puh- ����
,Ilshed cotilinuoust nnd unintc�ru�Iccll iu s:�iJ Cuuid' p��SE TAKE NOTICE:Tha�tAe Board oi
Y ( Y } County Comml�slooers ol Pllkln co�o�y, �
o[I'iikln,[vr a perfod o[t�iore Uian(i(ly-lwo cnnsettdive cow.,ao.u w.�,w,�u�y w,ra,,,�,z�. ;f.
�veeks nex!prlor lo Ihc first pubficalion uf Il�e�mni'xc<I 19��M�duly-cotleetl publle beuMg
Orantlnt Aapy o a���8ubdivlslon
legal nollce or ndvetlisemenl;ihat snid nr�vspa��rr h.�s Amrndmept Ior Lot J,xine�a m�,ao.s
� been admilled to the Uniled Sla(cs mails is scrund cln.�.^. ����P�r�,�xei��,.�T�
matler under lhe provisions o(lhe Acl of ivt:irch;t, Iti7', z�,,�nw�ee,cow�,eox�..asw,wn ;
orany amendmcnls Utcrcof,and thit�nid nc�vs�m�,rr i.:: ����.���.��v�,�r�k
a�veekly hewsp�per duly qttalificd!or publishin�;Ic�;:il
nolices nnd ndverlisements w11h Ihc mcanin�;td U�c la�vs
of ll�c Slale of Cobncto.
. 7'hat Ute nnaexed legal nollce or adverli.cmenl was pub• �`�
lisl�ed 3n lhe regular and entire issuc af evcr�ntun!�rr uf
said weekiy newsp�per for lhe perii�d n(�_�,.cunsccu- .
Itve inscrlions;and lhal llic litsl pubficnlion of^nid uulirc
w�s in Uie Issuc v( s�id nc�vapn��cr d71c�1
. �_A.l�.,19 eC� mid lh;d Ihc las�pub-
' IICi1U011 Ow��I�S�H/��I(pI't10��ICC LV@S 1!1 IIIC Issuc of s:�id nc�v�pn�,cr �
dated •• v-� , A.b.,19�__
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Subxcrib d and s�vorn lo beforc mc, � nul:iry
public in n d(or Ihe Couul�o[I'itkin,St��(c n[C'ului:idu,
o�,u,is (o d,y or n.u.,i��Qb._. ,
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/`F��L'l)�CU�OPi1C�U � •' �:
1'1Z001� 01.�PU[�L�C/i.'1.'1t7N .
s�n�•c ar.cor.olinuo� '`.��
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j ss. C:cq,y crf(Ju(icc '
Counly of Pllkin ) _ .
I.Andy Sfonc,do solcinitly swcar lh�d!nm Il�c IiJilc+r • �
In Chief of 1'IIC ASPtiN 7iM1i5:Ihal Uu s�me!s n ivicel:(p
newsraper pr(nted.Ly whvie or in pod.�nd publi.I�rd(u
ll�e Counly ot L'ilWn,Sla[c uf Coloradu,,nd hns e�;encia!
clrculaUon thereln:l6nl sald newspnper Las brcn pub-
,lisl�ed contlnuousiy n�ul unli�lcrrupleclty iu s�id Comdy Fj.
o[P1lWn,tor a perlod o[more U�1n!i(ly-hvv cunsecultrc �`
- weeks nexl pdor lo Ihe firsl piibtic�lion u(Ihe annexe4
• legal noUce or adverl{senienl;th�t s�id uccvspaper has r�reucrroncc �
PWSE TAK6 NOTICf:TAat�he Board o( � �
been admitted to llie Unlied 5lales u�711u:IS YCfUiItl l'I15+ , County Commicponen o!PJlkla co�a�r.
. maller under Ihe rvvisions o[ilie Acl at A•tardi�, 1079, ��ondo,N N reeulu meea�y on Mmh 27,
. p 1996,dter a duly-aotleed publle heaAna,
oranyeaiendnunlslhereof nndliialanid��civepa�*crlsa +�w«im�mu�ce�w�wA �
• . Approviny Approval oflhe 01{hom RN1qe
a weeiJy newspaper duly qu�li(iec([vr�niblishing Irl;d sw�a�w»�,nwr�wrm..nm.vKC�enw �
• . nollces anct ncivertisemcots with lhc rmanin�,of ILc L•�w.^. �O��ud��lO�kY4M�kk68, i
of it�e$lnle o[Coloradv. k•����o�+,o�n��rc��cra��r '
. wee�nea�'rn�n��nn.,at�r�s.�sss. },`'
� TLat ILe nroiexed iegal noUce or advcrli.cuicnl�v:i.�,nb-
Ils}ied in lhe regular nnct enUre issue o(evcry nuiubcr uf �
slid weekly newspa�er for U�e periud of�__cvnsecu- , ,
llve Atserlions;and tl�al lhe[Its!publknfiun v(said nollcc 4
was In Ure issuc of s�id new;:����,cr tinicd
.4,j A.U..]9 ��, and tlu�t lhc I�isl pub-
Iicallon o[salc noitce was in(he issue ui,7ic)nrtvspn��cr . ,
da(ed�A.D..14�_
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Subscribed und 6SVU[Il lo befnrc mc, � nnlnry
puWlc In and for[he County o[Piikln,Slydc of Culurndn,
otttltis�,dayof A.I).,19�(._.
_C�pQ�= .
r,��,��Y r��t�i�
My comniission ex�,ires�—�_48" ..
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1'I.ZUC)l� O(� �.'U1�1.,(C!�'I'ION �
S'1"AI'G 0['COLO]ZADO j
)ss. c:v�,y uf Nuticc . �;,�'
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County of Pitkin ) F. -
1.Artd.y 5lw�c,do solenu�ly s�vc�r U�a!1:nn ihc lidllor
in Cl�fe(o['I'[lii ASPTiN'I IMlia:U,n1 Ihc s,mc is n ivcrl:ly
newspaper printed,In,whotc or in p�d,�nJ pid>itshed In
lhe Cowity b(Pilkla,S(aic of Colot:xlo,�nd f�ar.:�1;ei+c�:d .
circulnlivn ihcrcln;that xaid newap��+cr haz becn pub-
,llshec!con(iuuously and uninlcrr�qiledly iu said L'onaly '
o[Cilkln,tor�redod of more(hnn!i(1}'-twc�co�isceuti��c eueucNartce [`�
PLEASE TAKE N017GE Thai tAs OoarC o(�
. weeks next��rior lo Ute Ytrsl�nibiicalion of Ihc 7nnexeJ coumy com�i..mners or ru�m co��cr, t
Ic a!nviice or adverllsemciil:q�el snld news�a,cr has Cdorado•„����+*m�w�ao�N+.fiz�.
. � � � 19%�fter a Cuty-noNeetl puDllt hearin;,
been admilled to lhe Uniled Stalec u�nils ns xecund c�lns. .aoa�ae�w��w,.masa,w�wa I
� Cronting Approwl to tfie 4avltt Grcuker �
inatter under lhe provlsions o[1(ic Ac!of Mard�:1, IIt7P, u,:mu,g u�u c�n�¢wxn.vd«e rn,�,n
vr any amendnienls tliereo(,and lhal r.nid ne�v.^.pnper ia:: ������n�ka�.emc�ese.cawam
:�tivicekly»ewspaper duly quilificd for��uhlishi�ol;li'f;al �����b����c�myck.k
nolices nitd adverlisemeiits wipt q�e mcanin�;uf Ihc la�rs "�'�.��
of Ihc Slatc o[Colornclo.
1'hal!6e annexed lega!nolice or ndviceti.c�ucnt w:�s pub- �,''
Jished in Uie regu(ar�nil enUre lssae u(evcrp uuu�hcr ol �
said weekly�tewspaper for Ilie perind e�f��_ cunsrcu- ,
Uve inscrtians;and that ihc first publici�liun c�f::aid uuiiec
w�s lu Ihe lssi�e of slid nervsp��rcr Qnlcd
. ��_A.D.,19_� �nd ll�:d l(ic insl ptd�-
Iintlon o[said twlice was in ITic is.uc v[^:dd nctv�paper
da ed_�O�_A.II.,t9°L(o__.
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SuUscri ed and s�vorn !o Ucforc mo, a nul:�ry
public in nd[or Ilie Coi u1y vi I'ilkh�,SI;iIc o(C��lur:nla,
o„u,i5 a,y ar n.n.,i�`'t_�:_.: .
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nr��,�y r�,i,u� Q c�
Ady cvnunissiun ex��i�rs `�—.l�
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