HomeMy WebLinkAboutpitkin.planning.264334300004 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (I U17)
RECEPTION #: 595810, 0110 412 01 3 at
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DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE K2 FAMILY PROPERTY LLC MINOR
AMENDMENT TO SITE PLAN TO INCLUDE A BARN
Administrative Decision No. E -2012
RECITALS
1. Pursuant to Section 2- 20- 150(b) of the Land Use Code, K2 Family Property LLC ( "Applicant') has
applied to the Community Development Director of Pitkin County, Colorado ( "Director ") to amend
the Site Plan approved pursuant to Hearing Officer Determination No. 05 -2011 to add a barn at the
north end of the residence. The proposed barn is within the previously approved Activity Envelope.
2. The lot is located at 1370 Owl Creek Road, and more described as Parcel E, Stapleton Subdivision.
3. The lot contains 10.31 acres and is a conforming size lot in the AR -10 zone district.
4. The BOCC approved the Stapleton Subdivision via the Agricultural Lot Split Subdivision
Exemption, pursuant to Resolution Nos. 83 -122 and 84-1W the final plat was recorded in Plat Book
20 at Page 31. Parcel E is improved with a single family residence built in 1967, a detached garage
and agricultural outbuildings. Parcel W is unimproved.
5. The Community Development Director approved building envelopes on both parcels pursuant to
Administrative Decision No. 65 -2006; the 1041 site plan was recorded in Plat Book 80 at Page 96.
The vested rights expired on July 11, 2009. The Community Development Director approved
activity envelopes on both parcels pursuant to Administrative Decision No. 47 -2009; the Activity
Envelope Plan was recorded in Plat Book 91 at Page 71. The 2009 approval replaced the prior 1041
approval.
6. The Hearing Officer approved Determination No. 05 -2011, which granted Site Plan Review approval to
construct a new single family residence, Special Review and GMQS Exemption to utilize four TDRs to
develop up to 15,000 square feet of floor area, amendments to the previously approved Activity
Envelope, and GMQS Exemption for a replacement residence. The Site Plan has not been recorded.
7. The Director finds that the proposed amendment complies with the applicable provisions of the Land
Use Code, and will not change the use of the proposed development or the basic character of the land,
is consistent with action taken during the original review, does not increase off -site impacts or the
allowable floor area, and will not endanger the public health, safety or welfare.
8. The Director further finds that the proposed barn complies with the provisions of Sec. 5- 20 -70(i) of the
Land Use Code, Floor Area Exemption for Agricultural Buildings, as follows:
A. The proposed barn is designed to house field equipment for on -site haying.
Administrative Decision No. _ -2012
Page 2
C. The parcel contains less than 20 acres, therefore, the barn is exempt from floor area up to 1,160
square feet.
D. The proposed bam contains mechanical, electrical and plumbing equipment.
E. The toilet room (toilet and lavatory only) will not exceed 20 square feet.
F. The proposed barn will not contain any office space or human amenities.
9. The Director further finds that the barn complies with Sec. 7 -20 -120 of the Code, Scenic View
Protection Areas, and is consistent with the development previously approved on the site. The barn is to
the north of and contiguous with the approved garage and has the same height and width as the garage,
so will blend with the existing structures on the site.
THE DIRECTOR DOES HEREBY APPROVE the K2 Family Property LLC Minor
Amendment for a barn, subject to the following conditions, which shall run with the land and be binding on
all successors in interest:
1. All conditions of Hearing Officer Determination No. 05 -2011 shall remain in full force and effect,
except as amended herein.
2. Prior to submission of a building permit application for the barn, the Applicant shall be required to
submit for approval by the County Attorney and Community Development an amended Site Plan in
accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The
above referenced approvals shall be a condition precedent to finalization and recordation of them.
Prior to issuance of a building permit for the barn, the Applicant shall record an Occupancy Covenant
and Agreement in a form acceptable to the County Attorney in which the Applicant agrees that the
exempt floor area may only be used in association with the raising, producing, or keeping of plants or
livestock, or cultivation and management of other crops or farm products, and that any area not
consistent with those uses would count as floor area. The Occupancy Covenant and Agreement shall
also allow the County to inspect the agricultural building at any time for compliance with the
specified use limitations, subject to the provision of reasonable notice to the property owner.
4. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
5. The Applicant shall adhere to all material representations made in the application.
APPROVED by the Director, this _Z day of V��6,,2012.
c�LAI
Cind ouben, Community Development Director
P105- 12;PID #264334300004
CHARLES CUNNIFFE
ARCHITECTS
LETTER OF TRANSMITTAL
To: Suzanne Wolff
From: Jim Kehoe
Job No.: 1033
Date: 11 /08/12
Address:
Project:
Pitkin County CO
1370 Owl Creek Road
Aspen, CO 81611
REGARDING:
MINOR AMENDMENT TO SITE PLAN: BARN FOR AGRICULTURAL USE
WE ARE SENDING YOU: ❑ Attached 0 Via: USPS the following items:
• Shop drawings ❑ Prints ❑ Originals
• Samples ❑ Specifications ❑ Copy of Letter
• Change order ❑ Computer Disc(s) 0 Other: Copies of invoices
THESE ARE TRANSMITTED as checked below:
• For approval ❑ Approved as submitted ❑ Resubmit copies for approval
• For your use ❑ Approved as noted ❑ Submit copies for distribution
• As requested ❑ Returned for corrections ❑ Return corrected prints
• Review & comment ❑ Prints returned after loan to us 0 Other Remittance to Consultants
REMARKS:
Dear Suzanne:
Please find attached one (1) set of DOCUMENTS AS STATED IN THE Per - Application Conference Summary
and one (1) 24x36 Draft Amended Site Plan
Please let us know if there are any questions.
Jim Kehoe
Project Manager
UOU001
610 East Hyman Avenue • Aspen, Colorado 81611 • 970.925.5590 • Fax 970.925.5076 • w cunniffe.com
y
November 7, 2012
a
Suzanne Wolff
Senior Planner
Pitkin County Community Development
130 S. Galena Street
Aspen, CO 81611
Re: Minor Amendment to Site Plan
° Barn for Agricultural Use
1370 Owl Creek Road
w Parcel E, Stapleton Subdivision
' Pitkin County, Colorado
0 Parcel l.D. #264334300004
co
z Dear Suzanne:
0■
00
CHARLES CUNNIFFE
ARCHITECTS
Pursuant to our recent Pre - Application Conference, we are submitting this Application for Administration
Decision regarding the referenced project. The proposed barn will be adjacent to the previously
approved residence on this property. The residence has received previous approvals for Site Plan
Review (attached as Exhibit A), Activity Envelope Amendment (attached as Exhibit B), Special Review
for TDR Receiver Site (attached as Exhibit C), and GMQS Exemption (attached as Exhibit D). The
recorded plat of the approved site plan is also attached as Exhibit E. The draft Amended Site Plan is
attached as Exhibit F.
In reference to Land Use Code Section 2- 20- 150(b): Minor Amendment to Development Permit, we
submit the following responses:
Minor Amendments Defined
A minor amendment to any development application or permit is one that meets the following criteria,
as determined by the Community Development Director:
1. Is consistent with actions) taken by previous development approvals for the property; and
Response: This Minor Amendment is consistent and simply seeks to utilize the allowed addition of
a barn that is exempt from FAR and GMQS restrictions as provided in Ordinance 01 1 -201 1, for
agricultural buildings.
2. Does not change the use of the proposed development between residential, commercial and
tourist accommodations; and
Response: This Minor Amendment does not change the use of this property as allowed under
the revised land use code.
3. Does not change the basic character of the approved use of land on which the activity occurs,
including basic visual appearance and method of operation; and
Response: This Minor Amendment does not change the basic character of the approved use,
being in a rural area in which numerous barns exist, and is visually compatible with the
residence. Please refer to Exhibit F, Amended Site Plan, and Exhibit G, floor plan and elevations.
4. Does not constitute a new land development activity; and
610 East HVman Avenue + Aspen Colorado 81611 + tel 970 925 5590 • tax 970 925 5076 + www cunmHe com
Response: This Minor Amendment is for a land use development activity that is allowed as on
accessory structure in the AR -10 Zone District.
5. Does not increase off -site impacts on the surrounding neighborhood; and
Resoonse: This Minor Amendment will not have any off -site impacts on the surrounding
neighborhood.
6. Does not endanger the public health, safety and welfare; and
Response: This Minor Amendment will have no adverse effect on the public health, safety and
welfare.
7. Does not violate any Land Use Code standard; and
Response: This Minor Amendment is in compliance with all applicable Land Use Code
standards.
8. Does not substantially increase the need for on -site parking or utilities, or affect affordable
housing generation; and
Response: This Minor Amendment will have a minimal effect on the on -site parking
requirements. The affordable housing generation will be mitigated by cash -in -lieu payment at
the time of building permit application.
9. Does not increase the floor area of the use by more than five percent (5 %) or decrease the
open space on the site by more than five percent (5 %).
Response: This Minor Amendment does not affect the floor area of the approved residence
since a barn is exempt from FAR and GMQS regulations. There is no requirement for open space
in the AR -10 Zone District.
In reference to Land Use Code Section 5 -20 -70 (1): Floor Area Exemption for Agricultural Buildings, we
submit the following responses:
Agricultural Buildings shall be exempt from floor area, subject to the following criteria, on properties
utilized for an agricultural operation as defined in Chapter 1 1 of those districts where Agricultural
Buildings are listed as an allowed use.
(4) Barns: To be exempt from floor area, a barn must meet all of the following criteria:
a) A barn shall be designed and used to shelter or enclose livestock, feed or field equipment, or
for other purposes in support of an on -site agricultural operation.
Response: The proposed barn is designed to house field equipment for on -site haying.
b) A barn shall not exceed the following height limit, based on acreage as shown below.
1. <20 acres: 20 ft. to the mid - point /25 ft. to the top of the ridge.
Response: The proposed barn has a barrel vault roof, which is 20 ft. at the crown (see
Exhibit G).
c) A barn shall not exceed the following size, based on acreage:
2. 5 to <20 acres; 1,160 sq. ft. for a barn is exempt from floor area.
Response: The proposed barn has 1, 157 sq. ft. of floor area.
d) A barn may contain mechanical, electrical and plumbing equipment.
Response: The proposed barn will have in -floor heating, electric lighting and power outlets, and
plumbing for a toilet, lavatory and floor drain.
e) A barn may contain no more than one (1) toilet room (toilet and lavatory only) not to exceed
20 sq. ft., unless the toilet room is designed to be accessible, in which case, it shall not exceed 43
!�3 1912
sq. ft. Showers and bathing facilities are prohibited, with the exception of a safety shower. A
dog wash shall not be permitted within the bathroom.
Response: The proposed barn will contain one (1) toilet room with 20 sq. ft. of floor area,
consisting of a toilet and lavatory only (see Exhibit G).
f) A barn may contain office space of no more than 120 sq. ft. related to the on -site agricultural
operation. Any additional office space shall count as floor area.
Response: The proposed barn will not contain any office space (see Exhibit G).
g) Human amenities are prohibited within a barn.
Response: The proposed barn will not contain any human amenities (see Exhibit G).
In reference to Land Use Code Section 70 -20 -120, Scenic View Protection Areas; we submit the following
responses:
(b) Applicability
(1) All areas shown on the County's Scenic View Protection Area Maps, which are
maintained in the Community Development Department, shall comply with the standards of
subsection (d) below. The Scenic View Protection Area Map includes scenic foreground areas
public view planes, and ridgelines. The mapped areas are identified as viewed from the
following rights of way:
(j) Owl Creek Road
(d) Standards for Development within Scenic View Protection Areas. All non - exempt
development located within a mapped Scenic View Protection Area shall comply with the
following standards:
Response: The approved residence for this property has already shown compliance with the
referenced standards. The response that was prepared by Haas Land Planning is attached as
Exhibit H.
The Barn as proposed is contiguous with the garage at the some height and width, extending to
the north. The mass scale and position of the Barn is consistent with the adjoining home with
limited impact. The barrel vault roof, which mimics the residence, provides a softened qualify to
the massing, which was developed in consideration of Section 70- 20- 120(d) and (e).
With this application, we are also submitting the following required documents (1 copy U.N.O.).
• Consent from Owner(s) to process application and authorizing the representative (Exhibit J)
• Proof of Ownership as a Title Commitment (Exhibit K)
• Street address and parcel description, including legal description and vicinity map, shown on
this letter and Stapleton Subdivision Activity Envelope Plan (Exhibit L)
• Total Fee for review of this application
• Executed Pitkin County Community Development Agreement for Payment of Land Use
Application Fees form
• Copy of the pre -app form
We believe this constitutes a complete application and respectfully request an Administrative Review at
the earliest opportunity. Please advise us if any further documentation is required.
Sincerely,
Jim Kehoe
Project Manager
Attachments
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ujuj04 190
EXHIBIT INDEX K2 FAMILY PROPERTY BARN SUBMISSION DOCUMENTS
Pre- Application Form
Executed Pitkin County Development Agreement for Payment
Exhibit A Previous approvals for Site Plan Review: Determination 5- 2011
Exhibit B Activity Envelope Amendment
Exhibit C not used
Exhibit D not used
Exhibit E Approved site plan
Exhibit F Draft Amended Site Plan
Exhibit G floor plan and elevations
Exhibit H Scenic View Protection Area Response
Exhibit J Letter of Consent
Exhibit K Proof of Ownership as a Title Commitment
Exhibit L Stapleton Activity Envelope/ Legal Description and Vicinity Map
jiuld i`J
EXHIBIT INDEX K2 FAMILY PROPERTY BARN SUBMISSION DOCUMENTS
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 3/21/12
PHONE: (970) 920 -5093 E -MAIL: suzannew(a)co.oitkin.co.us
LOCATION: 1370 Owl Creek Road; Parcel E, Stapleton Subdivision
PID# 264334300004
APPLICANT: K2 Family Property LLC
REPRESENTATIVE: Jim Kehoe EMAIL: jimk @cunniffe.com
Type of Application: Minor Amendment to Site Plan
Description of Project/Development: Applicant is requesting to amend the Site Plan approval
granted pursuant to Hearing Officer Determination No. 05 -2011 to add a barn at the north end of
the residence. The barn is within the approved Activity Envelope.
Land Use Code Sections to Address:
• 2- 20- 150(b): Minor Amendment to Development Permit
• 5- 20- 70(i): Floor Area Exemption for Barns
• 7 -20 -120: Scenic View Protection Areas
Review by: Community Development Director
Public Hearing? NO.
Staff will refer to: Owl Creek Caucus
FEES: $961 (make check payable to " Pitkin County Treasurer ")
• $936 Planning flat fee (non - refundable; based on 3 hours of staff time; if staff review time
exceeds 3.6 hours, the Applicant will be charged for additional time in excess of 3 hours at a
rate of $312 /hour)
• $25 Clerk Technology Fee
To apply, submit 1 copy of the following information, unless noted otherwise:
1. Summary letter explaining the request, summarizing prior approvals and addressing
compliance with the Code sections listed above.
2. Draft Amended Site Plan
3. Floor plans and elevations of barn
4. Disclosure and proof of ownership of the property, consisting of a current certificate from a
title insurance company or attorney licensed to practice law in the State of Colorado, listing
the names of all owners of the property and all mortgagees, judgments, liens, easements,
contracts and agreements affecting use and development of the parcel and proof of the
owner's right to use the land for the purposes identified in the development application.
5. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11"
vicinity map locating the subject property within Pitkin County;
6. Total fee for review of the application
7. Executed Pitkin County Community Development Agreement for Payment of Land Use
Application Fees (form attached);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. Copy of this preapp form (1 copy)
uuu006
NOTES:
PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPIES OF YOUR COMPLETE
APPLICATION.
i INCLUDE THE PARCEL ID NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
This pre- application conference summary is advisory in nature and not binding on the
County. The information provided in this summary is based on current zoning standards
and staffs interpretations based upon representations of the applicant. Additional
information may be required upon a complete review of the application.
UUUV�,7
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Jacob Kotzubei, Manager for K2 Family Property, LLC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Amend Site Plan pursuant to
Determination No. 05 -2011 to add Barn (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030 -2009 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that
development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and /or Board of County
Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full feeggyrott4 a determination of application completeness, APPLICANT sll p abase e in the
amount of $ 9lbi UUwhich is based on _3 hours of staff time, and if actual time spent b staff to process the
application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY APPLICANT
Cindy Houben
Community Development Director
Effective 1/26/10
G:county \admin \forms \agreement to pay
Uuu808
Jacob Kotzubei, Manager
PrinTame
Signatures
11/06/2012
Mailing Address: K2 Family Property, LLC
2691 Wallingfor rive
Beverly Hills, CA 90210
PARCEL ID:2643- 343 -00 -004
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Jacob Kotzubei, Manager for K2 Family Property, LLC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Amend Site Plan pursuant to
Determination No. 05 -2011 to add Barn (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030 -2009 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that
development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and /or Board of County
Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fee %pSgrOt4 a determination of application completeness, APPLICANT shall pay abase fee in the
amount of $ 99 11 UUwhich is based on _3 hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY APPLICANT
Cindy Houben
Community Development Director
Effective 1/26/10
G:county \admin \forms \agreement to pay
I.!
Jacob Kotzubei, Manager
Print Name
Signature
Date: 11/06/2012
Mailing Address: K2 F mil Pr r L
2691 Wallingfor nee
Beverly Hills, CA 90210
PARCEL ID 2643- 343 -00 -004
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DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE K2 FAMILY
PROPERTY LLC SITE PLAN REVIEW, ACTIVITY ENVELOPE AMENDMENT, SPECIAL
REVIEW FOR TDR RECEIVER SITE AND GMQS EXEMPTIONS
Determination No. .5--2011
RECITALS
1) K2 Family Property LLC (hereafter "Applicant ") has applied to the Pitkin County Hearing Officer
(hereafter "Hearing Officer ") to obtain Site Plan approval to construct a new single- family residence.
The Applicant is requesting special review approval and GMQS exemption to utilize four TDRs to
develop up to a total of 15,000 square feet of floor area. The Applicant is also requesting to amend the
previously approved Activity Envelope and to obtain a GMQS exemption for a replacement residence.
The parcel is within a designated scenic view protection area as seen from Owl Creek Road.
2) The property is located at 1370 Owl Creek Road, and described as Parcel E, Stapleton Subdivision.
3) The lot contains 10.31 acres and is a conforming size lot in the AR -10 zone district.
4) The BOCC approved the Stapleton Subdivision via the Agricultural Lot Split Subdivision Exemption,
pursuant to Resolution Nos. 83 -122 and 84 -116; the final plat was recorded in Plat Book 20 at Page
31. Parcel E is improved with a single family residence built in 1967, a detached garage and
agricultural outbuildings. Parcel W is unimproved.
5) The Community Development Director approved building envelopes on both parcels pursuant to
Administrative Decision No. 65 -2006; the 1041 site plan was recorded in Plat Book 80 at Page 96.
The vested rights expired on July 11, 2009. The Community Development Director approved activity
envelopes on both parcels pursuant to Administrative Decision No. 47 -2009; the Activity Envelope
Plan was recorded in Plat Book 91 at Page 71. The 2009 approval replaced the prior 1041 approval.
The vested rights are valid until July 1, 2012.
6) The Hearing Officer heard this application at duly noticed public hearings on September 20,
September 27, October 4 and October 18, 2011, at which time evidence and testimony was presented
with respect to this application.
7) The Hearing Officer finds that the Site Plan and Amended Activity Envelopes comply with the
applicable standards in the Land Use Code ( "Code ").
8) The Hearing Officer further finds that the proposed development is consistent with the criteria for
development within the Scenic View Protection Area. The residence has been sited, designed and
landscaped to minimize the visual impact as seen from Owl Creek Road.
9) The Hearing Officer further finds that the use of four TDRs on the site is appropriate, given the siting
of the residence, the support in the Owl Creek Master Plan for the use of TDRs for additional floor
area, and compliance with the other special review criteria.
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III I�'Il judd,
*1:11 =11011
PARCEL ID: 2643 - 343 -00 -004
Determination No. -2011
Page 3
C. Obtain a County access /driveway permit for any major improvements to the driveway, which
shall be reviewed and approved by the Aspen Fire Protection District and Planning/Zoning.
D. Submit a drainage and erosion control plan for review and approval by Planning/Zoning, If the total
development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State
Stormwater Permit. All historic and natural drainage patterns shall be maintained. Stormwater shall
be detained onsite and allow infiltration of runoff prior to discharge.
E. Submit a construction management plan for review and approval by Planning/Zoning.
F. Pay the applicable road and employee housing impact fees.
G. Obtain an On -Site Wastewater Treatment System construction permit from Environmental
Health. Secondary treatment is encouraged due to high ground water conditions. The drainage ditch
adjacent to Owl Creek Road shall be lined or converted in order to meet minimum setbacks to the
proposed absorption area.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
1. Submit a tree mitigation plan for the removal of any trees larger than 6 inch DBH.
I. Submit a detailed landscaping plan.
K. Submit a detailed exterior lighting plan.
9. The Applicant shall submit an earthmoving permit for the pond and water features, for review and
approval by Planning /Zoning. Verification of adequate water rights shall be provided. The permit
application shall include engineering for all overflow and outlet structures, recirculation systems, etc.
If the pond is to be stocked with fish, the Applicant shall obtain a private lake license and stocking permit
from the DOW. The pond can only be stocked with certified whirling disease free fish.
10. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Areas
disturbed by construction shall be re- vegetated within one growing season of the project's
completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the
residence.
11. No development in excess of 30" above or below natural grade shall occur within the setbacks of the
lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural
grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any development located within setbacks mandated by County zoning regulations
that does not comply with these restrictions shall require a variance from the Board of Adjustment.
Approval of an activity envelope within such setbacks does not assure approval of a variance.
12. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection District,
including but not limited to access, turning around of fire apparatus, installation of approved fire sprinkler
systems in all structures, and a minimum 20,000 gallon water supply for fire fighting or confirmation of
an accessible hydrant in the vicinity.
13. No development shall occur outside of the approved activity envelopes, with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above.
14. The Applicant shall provide adequate engineering of any retaining walls over 4' in height and /or any
improvements to retaining walls over 4' in height. All retaining walls shall be a maximum of 7' in
height.
uoud11
EXHIBIT A
RECEPTION #: 584409,11/1612011 at
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DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE K2 FAMILY
PROPERTY LLC SITE PLAN REVIEW, ACTIVITY ENVELOPE AMENDMENT, SPECIAL
REVIEW FOR TDR RECEIVER SITE AND GMQS EXEMPTIONS
Determination No. 51-2011
RECITALS
1) K2 Family Property LLC (hereafter "Applicant ") has applied to the Pitkin County Hearing Officer
(hereafter "Hearing Officer ") to obtain Site Plan approval to construct a new single- family residence.
The Applicant is requesting special review approval and GMQS exemption to utilize four TDRs to
develop up to a total of 15,000 square feet of floor area. The Applicant is also requesting to amend the
previously approved Activity Envelope and to obtain a GMQS exemption for a replacement residence.
The parcel is within a designated scenic view protection area as seen from Owl Creek Road.
2) The property is located at 1370 Owl Creek Road, and described as Parcel E, Stapleton Subdivision.
3) The lot contains 10.31 acres and is a conforming size lot in the AR -10 zone district.
4) The BOCC approved the Stapleton Subdivision via the Agricultural Lot Split Subdivision Exemption,
pursuant to Resolution Nos. 83 -122 and 84 -116; the final plat was recorded in Plat Book 20 at Page
31. Parcel E is improved with a single family residence built in 1967, a detached garage and
agricultural outbuildings. Parcel W is unimproved.
5) The Community Development Director approved building envelopes on both parcels pursuant to
Administrative Decision No. 65 -2006; the 1041 site plan was recorded in Plat Book 80 at Page 96.
The vested rights expired on July 11, 2009. The Community Development Director approved activity
envelopes on both parcels pursuant to Administrative Decision No. 47 -2009; the Activity Envelope
Plan was recorded in Plat Book 91 at Page 71. The 2009 approval replaced the prior 1041 approval.
The vested rights are valid until July 1, 2012.
6) The Hearing Officer heard this application at duly noticed public hearings on September 20,
September 27, October 4 and October 18, 2011, at which time evidence and testimony was presented
with respect to this application.
7) The Hearing Officer finds that the Site Plan and Amended Activity Envelopes comply with the
applicable standards in the Land Use Code ( "Code ").
8) The Hearing Officer further finds that the proposed development is consistent with the criteria for
development within the Scenic View Protection Area. The residence has been sited, designed and
landscaped to minimize the visual impact as seen from Owl Creek Road.
9) The Hearing Officer further finds that the use of four TDRs on the site is appropriate, given the siting
of the residence, the support in the Owl Creek Master Plan for the use of TDRs for additional floor
area, and compliance with the other special review criteria.
11.7
Determination No. _!)_72011
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the K2 Family Property LLC Site Plan Review, Activity
Envelope Amendment, Special Review for TDR Receiver Site, and GMQS Exemptions, subject to the
following conditions, which shall ran with the land and be binding on all successors in interest:
1. - The Applicant shall adhere to all material, representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. The conditions of Administrative Decision No. 47 -2009 shall remain in full force and effect, unless
amended by other conditions herein.
3. The Applicant shall comply with all standards for development within Scenic View Protection Areas
as represented in the application and approved in this Determination. The exterior of the structures
shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or
composition. Reflective roof materials shall not be used unless the materials are treated prior to
installation to eliminate reflectivity, with the exception of materials associated with solar or
photovoltaic equipment. Samples of exterior materials shall be reviewed and approved by
Community Development prior to building permit application. Driveway lighting is prohibited and
all other lighting shall comply with the lighting code.
4. Prior to submission of any future building permit applications for the residence, the Applicant shall be
required to submit for approval by the County Attorney and Community Development a Site Plan in
accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above
referenced approvals shall be a condition precedent to finalization and recordation of them.
Prior to recordation of the Site Plan, the Community Development Department shall conduct an
evaluation to determine if the resulting land use or character of the land is or will be essentially and
primarily residential, commercial, or another use or character other than agricultural, and, thereby
determine if a covenant prohibiting commercial agricultural activity shall be required. The
Community Development Department's determination shall be memorialized in an Administrative
Decision.
6. The lot is exempt from Growth Management for up to 5,750 square feet of floor area. At building
permit application for the new residence, the Applicant shall surrender four TDR Certificates and a
copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order
to develop up to 15,000 square feet of floor area.
7. The property line of Parcel E is within 1/2 mile radius of the Buttermilk Metro District's service area.
Therefore, prior to submission of building permits for the residence, the Applicant shall comply with
Sec. 7- 50- 20(c)(2) of the Code.
8. Prior to issuance of building permits for the residence, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
B. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
Determination No. -2011
Page 3
C. Obtain a County access /driveway permit for any major improvements to the driveway, which
shall be reviewed and approved by the Aspen Fire Protection District and Planning/Zoning.
D. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the total
development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State
Stormwater Permit. All historic and natural drainage patterns shall be maintained. Stormwater shall
be detained onsite and allow infiltration of runoff prior to discharge.
E. Submit a construction management plan for review and approval by Planning/Zoning.
F. Pay the applicable road and employee housing impact fees.
G. Obtain an On -Site Wastewater Treatment System construction permit from Environmental
Health. Secondary treatment is encouraged due to high ground water conditions. The drainage ditch
adjacent to Owl Creek Road shall be lined or converted in order to meet minimum setbacks to the
proposed absorption area.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
I. Submit a tree mitigation plan for the removal of any trees larger than 6 inch DBH.
J. Submit a detailed landscaping plan.
K. Submit a detailed exterior lighting plan.
9. The Applicant shall submit an earthmoving permit for the pond and water features, for review and
approval by Planning/Zoning. Verification of adequate water rights shall be provided. The permit
application shall include engineering for all overflow and outlet structures, recirculation systems, etc.
If the pond is to be stocked with fish, the Applicant shall obtain a private lake license and stocking permit
from the DOW. The pond can only be stocked with certified whirling disease free fish.
10. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Areas
disturbed by construction shall be re- vegetated within one growing season of the project's
completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the
residence.
11. No development in excess of 30" above or below natural grade shall occur within the setbacks of the
lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural
grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any development located within setbacks mandated by County zoning regulations
that does not comply with these restrictions shall require a variance from the Board of Adjustment.
Approval of an activity envelope within such setbacks does not assure approval of a variance.
12. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection District,
including but not limited to access, turning around of fire apparatus, installation of approved fire sprinkler
systems in all structures, and a minimum 20,000 gallon water supply for fire fighting or confirmation of
an accessible hydrant in the vicinity.
13. No development shall occur outside of the approved activity envelopes, with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above.
14. The Applicant shall provide adequate engineering of any retaining walls over 4' in height and/or any
improvements to retaining walls over 4' in height. All retaining walls shall be a maximum of 7' in
height.
ICI
Determination No. �:L-2011
Page 4
15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the comers of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
16. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
17. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on
2014.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TEgES WEEKLY on the
14`h day of August, 2011. _
APPROVED AND ADOPTED this 18'h day of October, 2011.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on tbeM day ofC )Cq,,jAr2011.
ATTEST:
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
Co ey
P050 -11; PID9264334300004
00015
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
B o -- —
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James R. True, Hearing Officer
Date tofZo /C(
r
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
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11. Scenic View Protection and Rural Character Guidelines for Building
Location, Sections 7- 20- 120(d) and (e)
In order to preserve the character of Pitkin County, careful attention must be paid to the
visible impacts of all proposed development. Section 7 -20 -120 of the Code establishes
Scenic View Protection areas that are proximate to and most visible from specific roads
in the County, including Owl Creek Road. 'rhe standards of Section 7 -20 -120 are
designed to minimize the visual impact of new development, including expansions to
existing structures, as well as to preserve the rural character of all Rural Areas of the
County. Since the subject property is visible from Owl Creek Road, and Owl Creek
Road is a road specified in Section 7- 20- 120(b) of the Code, the Section 7- 20- 120(d)
standards for development must be followed.
'��j23
PARCEL ID: 2643 - 343 -00 -004
1370 Owl Creek Road (Parcel No. 2643 - 343 -00 -004) Page 14
EXHIBIT H
Charles Cunniffe Architects (CCA) and Mozian Landscape Architecture have prepared
photographs showing the screening and visibility of the existing home as well as that of
the proposed replacement home from Owl Creek Road. As the provided photographs
show, the proposed development is oriented with the mass of the home perpendicular to
and set significantly back from, Owl Creek Road. The new home is situated in the same
general location where the existing home, garage and sheds are now located.
The Scenic Review criteria of Code Section 7- 20- 120(d) are provided below in italicized
print and each is followed by a response demonstrating compliance and /or consistency
therewith, as applicable.
(1) The proposed development shall tailize existing topographi, and natural
vegetation, such as ridges, Gills, (aid existing trees, to screen buildings to the maximunr
extent practicable when viewed from those right -of -way listed in subsection (b) above.
Although existing topography and natural existing vegetation will not do much to screen
the proposed development (it does little to screen the existing development), the applicant
has oriented the mass of the home perpendicular to, and set significantly back from, Owl
Creek Road, in the same general location as the existing home, garage and sheds. The
proposed landscaping will greatly screen the home from view along Owl Creek Road and
in a manner consistent with the character of the area.
(2) The proposed development shall avoid the location of structures within the
Scenic View Protection Areas, and shall avoid the location of structures within rnry
Viewplane identdfied is the Slate Highway 82 Corridor Master Plan and Down Valley
Comprehensive Plan n'fpossible. /f location outside the Scenic View Protection Area rmr!
defined Viewplanes is not practicable, then the proposed development shall not he
located on the highest ground or most visible portion of aril), site as viewed frronn those
corridors listed in subsection (b) above.
There is no way for this development to completely avoid the Scenic View protection
Area. However, the development proposed is located on previously disturbed portions of
the property and will not be located on the highest ground. The proposed landscaping
ensures that it will not be the most visible portion of the site as viewed from Owl Creek
Road.
(3) The proposed development's height and bulk shall be designed to avoid, to the
maaiunon extent practicable, the visibility of buildings rant those corridors lister/ in
subsection (b) above. This nut {v include, but shall not be limited to, breaking the mass of
the building down into a series of smaller fornts, articulation of the building fu(ades to
avoid a wall or row e[fect, and staggering rogllines to avoid a long unbroken plane.
The proposed development breaks up the mass of the building into a series of smaller
forms and modules with staggered roof lines and a low - profile design. Its bulk is
oriented perpendicular to (i.e., away from) the road to minimize its visibility, the
PARCEL ID: 2643 - 343 -00 -004
1370 Owl Creek Road (Parcel No. 2643 - 343 -00 -004) Page 15
UuU'024
architecture is articulated, and its height varies to ensure avoidance of an unbroken row
effect. All of these goals are successfully accomplished.
(d) The proposed structure shall be placed so it doer not project above a ridgeline
such that a structure silhoarettes against the sky when viewed front those corridors listed
in subsection (b), unless there are no alternate building sites on the lot o• parcel.
The proposed structures will not project above a ridgeline as there are no ridgelines on
the subject property.
(S) The proposed development shall be designed to complement the natural
topography of the land through the use of techniques such as earth- sheltered design, the
use of natural materials and coloring, the use of low- rejlectance materials, or clustering
of structures on the least visible portions of the site. When a building is proposed near a
ridgeline, then its formt (pa ocularly its roof font) shall replicate, parallel, at-
complement the nattral fore of the ridgeline so that it appeal to be an element of the
mantra! ridgeline.
The applicant intends to utilize earth -tone colors and non - reflective materials for the new
home, which will replace the dilapidated buildings currently on the site.
(6) The proposed development shall preserve natural vegetation and avoid
development within irrigated meadows, to the maximnan extent practicable.
The natural vegetation will be preserved. Disturbed areas will be replanted as
represented and/or reseeded with a native mix of grasses and fortis, as applicable. Any
seed mix will be chosen in consultation with the Comity's Land Management
Department. More than 95% of historically irrigated meadows will be preserved.
(7) The proposed development shall install utilities in locations and through
procedures that minimize visual impacts to 1he maximnon extent practicable.
All utilities will be installer) underground and in locations that minimize visual impacts.
There are existing overhead power lines that rum through the property. The applicant
intends to underground these lines which will significantly improve the visual conditions.
(3) All satellite dishes in the proposed development shall be located to minimize
visibilil fromt those rights -of -way listed in subsection (h), and shall use earth tone colors
and /o• screening to minimize their visual iuupact.
Any satellite dishes will use earth tone colors and /or be screened so as to minimize
visibility from Owl Creek Road.
(9) The proposed development shall not use earth moving aad bermes as the
primary means of compliance with these regulations, but earth moving may be utilized in
conjunction with other techniques to comply with standards in this section. Where ealh
PARCEL ID: 2643 - 343 -00 -004
1370 Owl Creek Road (Parcel No. 2643- 343 -00 -004) Page 16
UJu�25 EXHIBIT H
moving techniques are necessary, mart -made forms should be undulating and natural in
appearance.
While some earth moving will be done to create land forms that both flow with the
remaining/current topography, and are consistent with those found across Owl Creek
Road, the primary means of compliance with these regulations will be the use of earth
tone colors and non - reflective surfaces, the installation of landscape screening (i.e.,
planting of trees and shrubs), and situating the mass of the home perpendicular to and
away from Owl Creek Road.
(10) Lr the Rural Areas only, development shall be located so that activities and
development occur in at least one of the locations spectfned in subsection (/) as they may
apply to the particular property.
This standard actually refers to subsection (e) and is addressed below.
(11) EARTH TONF, MATERIALS
The exterior of all development, except development located and designed in the
form of a ranch compound, shall be built or painted with indigenous earth tone materials
or colors. The exterior of a ranch compound .should be built or pointed with indigenous
earth tone materials, or shall be pointed or stained using local, traditional ranch colors,
which shall include shades of red, brown, or white. Paints or stains that simulate
weathered barn wood also shall be permitted.
Earth tones and indigenous materials will be used where and to the extent possible. The
designs proposed are in harmony with this standard.
(12) ROOFS
All roofs shall have a non- reflective color or• composition. Reflective roof
materials shall not be used unless the materials are treated prior to installation to
eliminate reflection, with the exception of materials associated with solar or photovoltaic
equipment.
All roofs will have a non- reflective color or composition. If necessary, roofing materials
will be treated to ensure that they are non - reflective.
(13) REVEGETATION OF DISTURBED AREAS
Lands disturbed by enth moving or berms should be revegeated rasing native
species that are already growing art or near the .site. Topsoil shall be stocApiled and
placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is
necessary to ensure survival of planted native species.
All disturbed areas will be revegetated. Also, see the response to standard (6) above.
PARCEL ID: 2643- 343 -00 -004
1370 Owl Creek Road (Parcel No. 2643- 343 -00 -004) Page 17
UUULi26 EXHIBIT H
uUUU27
(Id) DRIVEWAYS AVOID DIVIDIA+G MEADOWS AND PASTURES
To the maxirmmn extent practicable, roads and triveways shall be located to skirl
the edge of and avoid divialing meadows and pastures rail to avoid major road cuts.
Roads and r•iveways should take advantage of the screening potential of natural
topography mil existing vegekaion. Existing marls and driveways shall be used where
practical. To enhance screening, a row of tees may be planted along the rands a'
(Iriveways. To the nmsimum extent practicable, )-orals raid driveways located around the
edge of or in meadows shall be laid oat with soft, curving edges and shall avoid staight
line corridors that are incongruous with the natural setting.
The driveway will remain in the location where it exists today. No meadows or pastures
will be divided.
All developments in Rural Areas are subject to additional guidelines that must be
followed. Pursuant to Section 7- 20- 120(e) of the Code, development in Rural Areas
should be located so that activities and development occur in one or a combination of the
following locations as they may apply to the particular property: (1) at the edge of an
open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built
into a change in natural topography; or (4) within a pasture or meadow, clustered in the
form of a ranch compound, or adjacent to or integrated into an existing ranch compound.
These standards are primarily aimed at undeveloped land where an owner is choosing a
suitable building site for a property. In this case, the new home is proposed to be
developed in the same general location where the existing home, garage and sheds are
now located. Taking into account both scenic considerations and environmental
concerns, the site where the replacement ]ionic will be developed is the only appropriate
choice, and happens to be at the edge of an open meadow or pasture.
1370 Owl Creek Road (Parcel No. 2643 - 343 -00 -004)
PARCEL ID: 2643- 343 -00 -004
Page 13
EXHIBIT H
EXHIBIT J
IQ Faen_s8a Prnrerlty, LLB
147E OW) croelk, RnM
Asppn,, 070, #1611_
November 2, 2012
Attn: Suzanne Wolff
Pitkin County Community Development Department
Re: 1370 Owl Creek Road; Parcel E; Stapleton Subdivision
Dear Ms. Wolff:
This letter will serve as confirmation that K2 Family Property, LLC ('Owner") consents to the processing
of the application for a minor amendment to the site plan of the aforementioned property to add a
barn. In addition, Owner appoints Charles Cunniffe Architects to represent Owner in this application.
Sincerely,
7�-k r\+,-^
K2 Family Property, LLC
By: Its Manager
lA
uU:v 28
aX4rd-.. K 0
PARCEL ID: 2643- 343 -00 -00
EXHIBIT K
OWNER'S POLICY
OF
TITLE INSURANCE
issued by
TITLE COMPANY
of Me !askies
as agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
.SCHEDULE A
Order No.: 0703030 -0
Amount of Insurance: $7,200,000.00
Policy Number: 5011408- 0001072e
Date of Policy: August 25, 2010
1, Nameoflnsured:
Premium: $11,879.00
K2 Family Property, LLC, a Colorado limited liability company (as to parcel E) and K2 Family
Property Deux, LLC, a Colorado limited liability company (as to parcel W)
2. The estate or interest in the Land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the Land is vested in
K2 Family Property, LLC, a Colorado limited liability company (as to parcel E) and K2 Family
Property Dens, LLC, a Colorado limited liability company (as to parcel W)
4. The Land referred to in this policy is located in the County of Pitkin, Stale of Colorado, and
described as follows:
Parcel E,
STAPLETON SUBDIVISION, according to the Plat thereof filed November 17, 1957, in Plat
Book 20 at Page 31.
and
Parcel W,
STAPLETON SUBDIVISION, according to the Plat thereof filed November 17, 1987, in Plat
Book 20 at Page 31.
Countersigned: ,
Authorized Officer fAgent PARCEL ID 2643- 343 -00 -004
This Policy is imnlid mrtess the cover shect and Schedute B are Ntached
u u 3 {' + 2 9 AL7A a, ner's Policy (6-1'-06)
uuuu3J
Owwr's Policy - Schedule 0 0,der No.: 0703030 -0
Poor No' 5017408- 0001072e
ScimmiLF B
EXCEPTIONS FROM COVFRAGF
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason o£
1, Taxes for the year 2010 not yet due or payable.
2. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the
enlargements and extensions thereof, and all laterals, flumes and headgates used in connection
therewith.
3. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded June 18, 1923 in Book 55 at Page 572.
4. Easement and right of way for communication and other facilities purposes, as granted by Sam
Stapleton and Elizabeth G. Stapleton to Mountain States Telephone and Telegraph Company, by
instrument recorded January 11, 1971, in Book 253 at Page 66, said easement being more particularly
described therein.
5. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 83 -122
recorded November 28, 1983, in Book 456 at Page 442,
6. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 84 -116
recorded November 16, 1984, in Book 476 at Page 851.
7. Easements, rights of way and all other matters as shown on the Plat of Stapleton Subdivision, filed
November 17, 1987, in Plat Book 20 at Page 31
8. Easement and right of way for electric lines and related appurtenances, as granted by Sam P.
Stapleton and Elizabeth G. Stapleton to Holy Cross Electric Association, Inc., by instrument recorded
November 20, 1989, in Book 607 at Page 962 and October 20, 1992, in Book 691 at Page 883, said
easement being more particularly described therein.
9. Owl Creek Ranch Homeowners Association Individual Water Service Agreement recorded August
23, 2002, at Reception No. 471468.
10. Terms, agreements, provisions, conditions and obligations as contained in Administration Decision
No. 65 -2006 recorded July 14, 2006, at Reception No. 526517 and re- recorded July 21, 2006, at
Reception No. 526728.
It. Easements, rights of way and all other matters as shown on the Plat of Elizabeth and Sam Stapleton
Family, LLLP 1041 Site Plan, filed August 17, 2006, in Plat Book 80 at Page 96.
12. Terms, agreements, provisions, conditions and obligations as contained in Administrative Decision
No. 47 -2009 recorded July 9, 2009, at Reception No. 560698.
13. Easements, rights of way and all other matters as shown on the Plat of Sam and Elizabeth Stapleton
Family, LLLP Activity Envelope Plan, filed August 10, 2009, in Plat Book 91 at Page 71.
14. Right of Way of Owl Creek Road, whether in fee or easement.
15. Quitclaim Deed recorded August 25, 2010 at Reception No. 572991. (as to parcel E)
16. Quitclaim Deed recorded August 25, 2010 at Reception No. 572992. (as to parcel W
PARCEL ID 2643 - 343 -00 -004
Page 2 of 3
Owner's Polfty - Schedule d (cmumved)
Order No.: 0703030 -0
17. Deed of Trust b om K2 Family Property, LLC to the Public Trustee of the County of Pitkin for the
use of Elizabeth and Sam Stapleton Family, LLLP to secure $4,000,000.00, dated August 24, 2010
and recorded August 25, 2010 at Reception No. 572998. (as to parcel E)
18. Deed of Trust from K2 Family Property Deus, LLC to the Public Trustee of the County of Pitkin for
the use of Elizabeth and Sam Stapleton Family, LLLP to secure $4,000,000.00, dated August 24,
2010 and recorded August 25, 2010 at Reception No- 572999. (as to parcel W)
Page 3
UUUU33Z
CLTA Form 100.29 (Rev. 9- 10 -93)
Minerals, Surface Damage
ENDORSEMENT
Attached to Policy No. 5011408- 0001072e
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
The Company insures the insured against loss which the insured shall sustain by
reason of damage to existing improvements, including lawns, shrubbery or trees
resulting from the exercise of any right to use the surface of the land for the extraction
or development of the minerals excepted from the description of the land or shown as a
reservation in Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms
and provisions thereof and of any prior endorsements thereto. Except to the extent
expressly stated, it neither modifies any of the terms and provisions of the policy and
any prior endorsements, nor does it extend the effective date of the policy and any prior
endorsements, nor does it increase the face amount thereof.
FIRST AMERICAN TITLE INSURANCE COMPANY
Dated: August 25, 2010
By IL LGLd 1 LOY�
Aut orized Signatcy
i uuj32 PARCEL ID 2643- 343 -00 -004
VL AMgk C ENDORSEMENT
Attached to Policy No. 5011408- 0001072e
Issued By
First American Title Insurance Company
The Company hereby insures against loss which said insured shall sustain in the event that
the owner of the easements referred to in paragraphs 4, 7, 8, 11, 13 and 14 of Schedule B shall, for
the purpose of its use or maintenance of said easements compel the removal of any portion of the
improvements on the land which encroach upon said easement.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i)
modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend
the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or
a previous endorsement is inconsistent with an express provision of this endorsement, this
endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Dated:
6u6 ,033
First American Title Insurance Company
GrrW�r�a
By: _ _ <J
Authorized Signatory
Colorado Form No. 103.3 (4/94)
PARCEL ID 2643 - 343 -00 -004
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
November 21, 2012
Jim Kehoe
520 East Hyman Avenue
Aspen, CO 81611
jimk @cunniffe.com
Re: K2 Family Property LLC Minor Amendment to a Site Plan
(CASE P105 -12; PID 2643 - 343 -00 -004)
Dear Mr. Kehoe:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
MEMORANDUM
To: Owl Creek Caucus
FROM: Suzanne Wolff, Community Development Department
Suzanne.wolf Da co.pitkin.co.us
Re: K2 Family Property LLC Minor Amendment to a Site Plan
(PID 2643 - 343 -00 -004; Case P105 -12)
DATE: November 21, 2012
Attached for your review and comments are materials for an application submitted by K2
Family Property LLC. The Pitkin County Community Development Director will review
the application.
Please return your comments to me by Friday, November 30, 2012.
htt): / /www aspenpitkin com/ Portals /0 /docs /county /Com %20Dev /Planning* /Land Use Ap
plications/1'105 12 app.pdf
Thank you.
PITKIN (,,,LINTY COMMUNITY DEVELL /MENT
Permit Receipt
RECEIPT NUMBER 00033212
Name: Charles Cunniffe Architects Date:11/8/2012
Project Address: 1370 OWL CREEK RD
Type:
Permit Number
0105.2012.PLAN
0105.2012.PLAN
check #34393
Fee Description
Amount
PP- Flat Fee
936.00
PP- Clerk Tech Fee
25.00
Total: 961.00