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HomeMy WebLinkAboutpitkin.planning.246718300001 (5)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 (11x1') Parcel ID: 2467- 18 -3 -00 -001 Application Date: 11/8/12 Description: Pitkin County Grace -Shehi Park Location and Extent Review Project Address: 0 SOUTHSIDE DR, BASALT, C081621 Property Owner: PITKIN COUNTY OPEN SPACE Address 530 E MAIN ST ASPEN, CO 81611 Owner's REP: GARY TENNENBAUM Address: 530 E MAIN ST ASPEN, CO 81611 REP'S Email: gary.tennenbaum @co.pitkin co.us Referrals: ALL OTHER REFERRALS Comments Due Date: 01/04/2013 Meetings: let Meeting: Meeting Date: 01/15/2013 Review Body: p &Z Public Hearing? Notice Date: Meeting Notes: yes 12/13/2012 Other Referrals. Emma Caucus BLM 2nd Meeting: Case No: P104 -12 Planner: Mike Kraemer # Copies: 8 Allocated Hours: 3 % Over Hours: 4 Owner Phone: REP's Phone: (970) 920 -5355 3rd Meeting: Approvals: BOCC Resolution #: P &Z Determination #. 001-2013#597075 BOCC Ordinance #: HO Determination # Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date VR Expires Date. Plat (Bk, PG)' Remarks no vesting Application Type: RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, FINDING THE GRACE -SHEHI OPEN SPACE LOCATION AND EXTENT REVIEW IN CONFORMANCE WITH THE 1987 DOWNVALLEY COMPREHENSIVE PLAN Resolution No. PZ-� -2013 RECITALS 1. The Pitkin County Open Space and Trails Department (OST) and the Town of Basalt (hereafter referred to as the "Applicants ") have applied to the Planning and Zoning Commission of Pitkin County ( "Planning Commission ") to obtain approval for Location and Extent Review for expansion of a community garden, construction of a 12'x10' storage shed and 12'x12' shade structure, creation of a bike park, designation of an access to Light Hill (BLM land), and grooming of nordic trails. 2. Pursuant to C.R.S 30- 28- 110(1), and Land Use Code Section 2- 30- 30(h)(10), the Planning Commission finds that the proposed Grace -Shehi Open Space application is consistent with the 1987 Downvalley Master Plan. The Grace — Shehi Open Space is legally described as Attachment A. 3. The Planning Commission reviewed the application at a duly noticed public hearing on January 15', 2013 at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds the Grace -Shehi Open Space Location and Extent Review in conformance with the 1987 Pitkin County Downvalley Comprehensive Plan and the Basalt Master Plan subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. The Applicants shall work with the BLM and Colorado Division of Parks and Wildlife to devise seasonal closures of the open space, if deemed necessary. 3. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. RECEPTION #: 597075, 0 211 912 01 3 at 03:22:36 PM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. PZ- _ -2013 Page 2 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 13th DAY OF DECEMBER 2013. FOUND IN CONFORMANCE WITH THE 1987 DOWNVALLEY COMPREHENSIVE PLAN by the Planning Commission this 15TH Day of January, 2013. ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, C ut ttomey P104 -12 PID 246718300001 PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO ohn ward, Chairman y i15 Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 117r4ci4th0i�i i ,4- LEGAL DESCRIPTION PARCELI A parcel of land situated in Tract 59 of Section 18, Township 8 South, Range 86 West of the 6th P.M being more fully described as follows: Beginning at Angle Point No. 7 of said Tract 59 thence S 89 °33'30" W 1382.71 feet; thence N 69'09'58" W 240.00 feet to the True Point of Beginning; thence N 89 °09'58" W 1012 49 feet to Angle Point No. 5 of said Tract No 59; thence N 00 "05'51" W 1239 38 feet to Angle Point No. 4 of said Tract No. 59; thence N 89 °46'49" E 973.45 feet; thence S 17 °46'15" W 624.30 feet; thence S 19 °14'44" E 702.61 feet to the True Point of Beginning. EXCEPTING THEREFROM A parcel of land situated in tract No. 59 of Section 18, Township 8 South, Range 86 West of the 6th P.M . lying Easterly of the Westerly line of said Tract 59 and Southwesterly of the center line of a ditch as constructed and in place, said parcel of land is described as follows, Beginning at an iron post with a brass cap, found in place, and properly marked for Angle Point No. 4 of said Tract No 59; thence N 89 °46'50" E 75.00 feet along the Northerly line of said Traci No. 59 to a point in the said ditch, thence S 44 °08'21" E 96 56 feet along the center of said ditch; thence S 28'20'00" E 50 34 feet along the center of said ditch; thence S 35 °12'38" E 69.70 feel along the center of said ditch; thence S 39'39'15" E 43.28 feet along the center of said ditch; thence 5 40'22'00" E 40.91 feel along the center of said ditch, thence 5 43'07'06" E 59 51 feet along the center of said ditch, thence S 53 °31'56" E 84.01 feet along the center of said ditch, thence South 227 17 feet; thence West 372.07 feet to a point on the Westerly line of said Tract No 59; thence N 00'05'40" W 55079 feet along the Westerly line of said tract Na 59 to Angle Point No 4 of said Tract No 59, the Point of Beginning PARCEL2 A parcel of land situated in tract No. 59 of Section 18, Township 8 South, Range 86 West of the 6th P M., lying Easterly of the Westerly line of said Tract 59 and Southwesterly of the certer line of a ditch as constructed and in place, said parcel of land is described as follows. Beginning at an iron post with a brass cap, found in place, and properly marked for Angle Point No 4 of said Tract No. 59; thence N 89 °46'50" E 75.00 feet along the Northerly line of said Tract No. 59 to a point n the said ditch, thence S 44 °0621" E 96 56 feet along the center of said ditch; thence S 28 "20'00" E 50 34 feet along the center of said ditch; thence 5 35 "12'38" E 69.70 feet along the center of said ditch, thence 5 39'39'15" E 43.28 feet along the center of said ditch; thence S 40 °22'00" E 40,91 feel along the center of said ditch, thence S 49 °07'06" E 5951 feet along the center of said ditch; thence S 53 °31'56" E 84.01 feel along the center of said ditch; thence South 227.17 feet; thence West 372.07 feet to a point on the Westerly line of said Traci No. 59; thence N 00 °05'40" W 550.79 feet along the Westerly line of said tract No. 59 to Angle Point No 4 of said Tract No 59, the Pont of Beginning. /E MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Mike Kraemer, Planner/li ' RE: Grace -Shehi Open Space - Location and Extent Review DATE: January 15`1, 2013 SUMMARY OF REQUEST: The Applicants are requesting Location and Extent review approval to construct a community garden, bike park, BLM trail access, and Nordic track on the Grace -Shehi Open Space. Established under the Mid - Valley Community Garden Collective (MVCGC), a community garden on the property has concluded its first year. 10x10 plots have been divided, fenced, and activity farmed in 2012. The Applicants are looking to expand this area from 0.5 acres to 5 acres, and construct a 12'x10' storage shed, a 12'x12' shade structure, and composting area. A bike park has been proposed on a flat disturbed area above the Grace -Shehi Ditch and will encompass approximately 1.4 acres of the property. This bike park will include berms that operate as rolling jumps. The Applicants state that the bike park has been strategically located on this property because of its close proximity to high school students. The existing road that has long been utilized by hikers to access Light Hill, and serves as access to the relatively recently constructed Town of Basalt water tank, will officially be designated as access to this public land. The Applicant has acknowledged that this is big game range and is working with the BLM to designate seasonal closures. Lastly, the Applicant proposes to groom an accessory loop track at the garden during winter months for nordic skiing. The application states that the Aspen and Pitkin County Nordic Council have interest in mid valley groomed skiing and the subject property has been targeted for this use. APPLICANTS: Pitkin County Open Space and Trails Department (OST) and the Town of Basalt REPRESENTATIVE: Gary Tennenbaum with OST and Brian McNellis with the Town of Basalt LOCATION: adjacent (west) to Basalt High School - south side Basalt. EXISTING CONDITIONSBACKGROUND: The 21 acre property was recently purchased jointly between the Town of Basalt and Pitkin County Open Space and Trails Department. The lower portion of the property has been historically irrigated and used for hay. A flat bench just above the Grace -Shehi Ditch was once an agricultural storage area. In 2009 the Town of Basalt constructed a new public water tank on adjacent BLM property and improved the access road leading up to the tank. The property contains approximately 21 acres. l 0-'Pio 2010 AERIAL PHOTO: The subject parcel is highlight in orange: PROCEDURE/PROCESS: C.R.S 30- 28- 110(1) provides that the Planning Commission shall review the location and extent of public projects proposed by a governmental entity in the unincorporated area of the County for conformance with the applicable comprehensive plan or master plan. The Planning Commission's action on a Location and Extent proposal is essentially "advisory ", as disapproval may be overruled by the governmental jurisdiction making the proposal. No other land use review is required. STAFF COMMENTS: The 1987 Down Valley Master Plan is the applicable Master Plan for review of this application. Though the plan does not make mention to purchase of open space in this area, the future land use map in the Master Plan identifies this area as Agricultural/Wildlife/Reserve (AWR). The proposed community garden is consistent with this designation. Additionally, Light Hill and the valley floor have been identified as "Prime Agricultural Soils in Visual Resource Areas" and "Critical Wildlife Habitat ". The proposed community garden is consistent with the 1987 Downvalley Comprehensive Plan through the creation of open space void of residential or commercial development and protects the identified visual resource on this property. The Applicant has acknowledged the potential need for seasonal closures due to big game ranges and Staff encourages the Applicants to continue working with the BLM and, additionally, the Colorado Division of Parks and Wildlife (CPW) to devise appropriate closures, if deemed necessary. Lastly, the 1987 Downvalley Comprehensive Plan does not make mention to recreational uses. REFERRAL. COMMENTS: Though the property is not located within the Emma Caucus Planning Area, Staff has referred the application to the Caucus for comments. Two comment letters were received and attached for review (Attachments A and B). Comments in the letters state concern for safety around the ditch, pesticide use, water rights for irrigation, and potential competition created in the private sector if commercial use is allowed at the garden. The Applicants have addressed these concerns to Staff (Attachments C and D) and will be able to speak to these items at the hearing. RECOMMENDATION: Staff recommends that the Planning Commission approve the Location and Extent review for the Grace -Shehi Open Space, subject to the attached Resolution. ATTACHMENTS: A. Cathy Markle letter B. Parker Maddux letter C. Brian McNellis email response D. Gary Tennenbaum email response E RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, FINDING THE GRACE -SHEHI OPEN SPACE LOCATION AND EXTENT REVIEW IN CONFORMANCE WITH THE 1987 DOWNVALLEY COMPREHENSIVE PLAN Resolution No. PZ- -2013 RECITALS 1. The Pitkin County Open Space and Trails Department (OST) and the Town of Basalt (hereafter referred to as the "Applicants ") have applied to the Planning and Zoning Commission of Pitkin County ( "Planning Commission ") to obtain approval for Location and Extent Review for expansion of a community garden, construction of a 12'x10' storage shed and 12'x12' shade structure, creation of a bike park, designation of an access to Light Hill (BLM land), and grooming of nordic trails. 2. Pursuant to C.R.S 30 -28- 110(1), and Land Use Code Section 2- 30- 30(h)(10), the Planning Commission finds that the proposed Grace -Shehi Open Space application is consistent with the 1987 Downvalley Master Plan. 3. The Planning Commission reviewed the application at a duly noticed public hearing on January 15`s, 2013 at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds the Grace -Shehi Open Space Location and Extent Review in conformance with the applicable comprehensive plans subject to the following conditions: The Applicants shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. The Applicants shall work with the BLM and Colorado Division of Parks and Wildlife to devise seasonal closures of the open space, if deemed necessary. 3. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. Resolution No. PZ- _ -2012 Page 2 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 13th DAY OF DECEMBER 2013. FOUND IN CONFORMANCE WITH THE 1987 DOWNVALLEY COMPREHENSIVE PLAN by the Planning Commission this 15TH Day of January, 2013. PLANNING AND ZONING COMMISSION OF PITRIN COUNTY, COLORADO John Howard, Chairman Date ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney P104 -12 PID 246718300001 J Cindy Houben, Community Development Director A�Acf{M iA 7 A December 5, 2012 6A5A T I COLORADO 9�0.3>9.3995 cmmaodtcrdrtms9rna��.com Mike Kraemer Pitkin County Community Development 130 S. Galena Street Aspen, CO 81611 Via email: Michael.kraemer @co.pitkin.co.us Dear Mike, Liz Newman forwarded the application by Pitkin County Open Space and Trails for the Grace - Shehi Meadows Location and Extent Review to me. I am a resident of Basalt, Emma specifically: 2227 Emma Road, lying in both Pitkin and Eagle Counties. I am a commercial organic farmer, supplying produce to the Roaring Fork Valley restaurants and individuals. I would like to express support for a community garden concept on the subject property. However, I would like to express concern about providing publicly funding, land, water, and other support to agricultural endeavors that will compete with our valley's existing commercial operations. The application states that: The community has also explored the possibility of initiating a community based "farm to table" agriculture initiative which would generate crops for local markets, restaurants, and schools. This proposal would create competition between a publicly funded endeavor and local farmers who have invested their own money to build agricultural businesses. I believe this is entirely inappropriate. Local, meaning Roaring Fork Valley, farmers have invested thousands and thousands of dollars obtaining land, water rights, equipment, crops, livestock, and labor, to create a supply and demand for locally grown produce that will provide income to local residents. Those of us in the valley support local employees, taxes, service industries, professionals, restaurants and retail with our hard - earned dollars. The government simply cannot subsidize land and water to competing interests or condone the use of community gardens for profit. The local governments already provide a market advantage to out of valley growers through the farmers' markets of which Aspen's is already closed to new entrants and is controlled by a famers 1, association from Hotchkiss and Paonia. That competition is very real and the money paid to out of valley farmers does not stay in this valley to help our local economy. The Community Garden Guidelines for the Grace -Shehi Community Garden (page 32 of the application) state: 1. Garden plots are to be used primarily for growing vegetables and flowers for family use and not for commercial sale. This does not exclude owners of businesses, including gardening businesses, from having individual plots for themselves or for their employees as long as it is for their own consumption. This language does appear to attempt to prohibit for - profit growth and sales, but is not strong enough language and is in conflict with the language in the application. The Garden should be only for private consumption. Water use is also of grave concern, particularly during our current drought cycle that may last another 50 years. My farm was required to apply to Basalt Water Conservancy to augment the rights of my existing well to allow crop irrigation. This process was time consuming and cost several thousand dollars. My farm also has senior water rights through the Home Supply Ditch Company, for which I paid a premium for the land with the intention of commercial farming. I don't see how the Town of Basalt can merely 'provide' water for the proposed community garden without impacting everyone in the district. One of the criteria for allowing development of agricultural or any other use should be provision of water. If water rights do not exist for the property, development that uses water should not be allowed. If a true community garden is to continue or expand on the property, there should at least be systems in place to manage organic practices and manage waste. There are no toilet services proposed and yet an acre of land divided into 100 square foot plots could result in 435 individuals gardening on that one acre. The risk of contamination by human waste is present. Compost, if not managed properly, will attract bears, raccoons, and other wildlife to the area that will be in conflict with the human use of the property. There is also very little proposed supervision that will prevent users from using herbicides, pesticides, or chemical fertilizers on their plots, and the potential for new weed invasion on unattended areas is huge, allowing blowing seed to populate the valley even more. While a community garden can be of great value and enjoyment to residents, it should be limited to private use only and carefully monitored to prevent commercial sales and to ensure management practices that do not promote unacceptable agricultural conditions. Thank you for the opportunity to comment on this proposal. I would like this letter to be forwarded to the parties reviewing the proposal prior to their meeting if possible. I would also be happy to discuss problems and solutions in person. Sincerely, Catherine E. Markle Emmadale Farm q Michael Kraemer � %tA From: Parker Maddux [pmaddux @gmail.com] Sent: Friday, December 07, 2012 8:23 AM To: Michael Kraemer; Emma Caucus Subject: Fwd: Comments Due 1/4/13 Grace -Shehi Park community garden application I hadn't, but I have now. Thanks. Parker ---- - - - - -- Forwarded message ---- - - - - -- From: Liz Newman <emmacaucusk mail.com> Date: Fri, Dec 7, 2012 at 8:12 AM Subject: Re: Comments Due 1/4/13 Grace -Shehi Park community garden application To: Parker Maddux <pmadduxggmail.com> Interesting comments, Parker! Did you send these to Mike Kraemer? Liz On Thu, Dec 6, 2012 at 8:25 AM, Parker Maddux <pmaddux(ae gmail.com> wrote: My only comments are that (1) community gardens can become eyesores unless there is ample supervision to prevent rogue constructions, "artworks" and the like, and (2) given the proximity to the major water ditch nearby, (a) how about a fence to prevent kids falling in, and (b) will there be adequate supervision to prevent toxic chemicals (pesticides and fertilizers) entering the ditch water, and (c) will there be adequate supervision to prevent the taking of water from the ditch? Other than that, it looks like a good and consistent use of the land. Parker On Tue, Dec 4, 2012 at 7:50 PM, Liz Newman <emmacaucus@Xmail.com> wrote: Hi all! This application is for the Open Space/ Community Garden next to Basalt high School- - This property is not located inside the Emma Caucus boundaries, but we are invited to comment. Click on the link below to see the entire application. If you have any thoughts or comments on this application, please forward them directly to Mike Kraemer at Michael.kraemergco.pitkin.co.us Do not hesitate to forward this to anyone else you might think is interested. Thank you! !! ! Liz ---- - - - - -- Forwarded message ---- - - - - -- From: Bonnie Shiles <Bonnie.Waechtler(a co.pitkin.co.us> Date: Mon, Dec 3, 2012 at 7:34 AM Subject: Due 1/4/13 Pitkin County Land Use Grace -Shehi Park application To: emmacaucusggmail.com, susanpga basalt.net Cc: misl@mac.com NO 4%!/./c9MLj L Michael Kraemer From: Brian McNellis [brianm @basalt.net] Sent: Friday, January 04, 2013 5:15 PM To: Michael Kraemer Cc: Gary Tennenbaum; Susan Philp Subject: RE: Grace -Shehi proposal Mike, As you know, there are two agricultural components to the Grace -Shehi proposal; 1) the Community Garden, and 2) the 5 acres ( + / -) currently leased to Billy Grange. The Community Garden is controlled and monitored by the MVCGC who adopted rules and regulation prohibiting art, toxic chemicals, or the planting of noxious weeds. Crops grown in the Community Garden are not to be used for commercial sale. Each of these rules are reinforced during the orientation required for all new gardeners. Without the ability to apply 24 hour surveillance, we rely on the MVCGC to monitor and inspect the garden on a day to day basis to assure compliance with these rules. To the Town's knowledge, there have been no violations to date. Please note, there is a 8 foot fence between the garden and the Grace -Shehi Ditch which makes the removal of water from the ditch difficult and falling into the ditch (from the garden) impossible. Specific plans have not been established for the land currently leased by Billy Grange - although Basalt and Pitkin County would like it to remain agricultural. One idea expressed in the application is to establish a sustainable "farm to table" operation for local beneficiaries. If this idea is pursued, it's not clear how the management /operation would be structured. It is not the Town's intention to "subsidize" public agricultural production that could undermine the local agricultural industry. Rather, local entities (schools, markets, restaurants, etc.) could collectively support the management and operations of the land - much like a cooperative. We would be happy to have the P &Z weigh -in on these issues as they come to fruition. Brian McNellis ASLA, AICP Senior Planner Town of Basalt 970 - 927 -4701 ext. 202 brianm @basalt.net From: Michael Kraemer [mailto: Michael. KraemerCalco.pitkin.co.us] Sent: Friday, January 04, 2013 11:20 AM To: Gary Tennenbaum; Brian McNellis Subject: RE: Grace -Shehi proposal Did you guys have any comments on Kathy's letter? From: Michael Kraemer Sent: Friday, December 07, 2012 3:33 PM To: Gary Tennenbaum; 'brianm @basalt.net' Subject: FW: Grace -Shehi proposal Michael Kraemer From: Gary Tennenbaum Sent: Friday, January 04, 2013 11:59 AM To: Michael Kraemer -, 'branm @basalt.net' Subject: RE: Grace -Shehi proposal My response, and Brian add where you feel appropriate, is that the Mid Valley Community Garden Collective has developed an agreement with the Town of Basalt on how the garden will be administered. Currently, there is no commercial use proposed at the garden. There have been discussions about what to do with the remaining arable land. Currently, Bill Grange leases the remaining arable land for pasture and hay. When future ideas are formulated about the remaining land a public process will be conducted about the feasibility and compatibility with other local growers. As the community garden grows, decisions about toilet facilities and garden waste management will be addressed. This year went very well without those facilities. We are very concerned about how a compost facility should be incorporated into the garden and will work to make sure it is developed with wildlife in mind. Herbicide and pesticide use is being dealt with by the MVCGC. The County and Town do monitor the garden often and the other gardeners are policing themselves on this issue. Water use is a major concern and the Town of Basalt is providing irrigation water for the garden and irrigation for the remaining arable land is available from the Grace Shehi ditch. The Town has acquired, Brian correct me if I misspeak, water rights to irrigate the remaining land and any future use will be commensurate with the available water. We will forward Catherine's letter to the MVCGC. Gary Tennenbaum Stewardship and Trails Manager Pitkin County Open Space and Trails 530 E Main St. Ste 300 Aspen, CO 81611 970 - 920 -5355 F Find DST on Facebook: www.facebook.com /pages / Pitkin- County -Open- Space- and- Trails/179446995445330 From: Michael Kraemer Sent: Friday, January 04, 2013 11:20 AM To: Gary Tennenbaum; 'brianm @basalt.net' Subject: RE: Grace -Shehi proposal Did you guys have any comments on Kathy's letter? From: Michael Kraemer Sent: Friday, December 07, 2012 3:33 PM To: Gary Tennenbaum; 'brianm @basalt.net Subject: FW: Grace -Shehi proposal /V N 1901 BASALT Grace -Shehi Open Space Location & Extent Review Application November 2012 I4 3Cj PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY PLANNER: Mike Kraemer PHONE: (970) 920 -5482 LOCATION: Grace -Shehi Park ZONE: AR -10 OWNER: Pitkin County/Town of Basalt APPLICANT: Pitkin County Open Space and Trails REPRESENTATIVE: Gary Tennenbaum PHONE: 920 -5355 DATE: May 11, 2012 E -MAIL: michaelk@co.pitkin.co.us PARCEL ID #: 246718300001 LOT SIZE: 25.7 acres EMAIL: gary.tennenbaumAco.pitkin.com Type of Application: Location and Extent Review Description of Project/Development: The Applicant proposes to create a community garden at the above mentioned property. Sheds for storing gardening equipment are also proposed. Land Use Code Sections to be addressed in letter of request (application): v 2- 30- 30(h)(10): Location and Extent Review— Down Valley Master Plan Review by: Planning and Zoning Commission Public Hearing: Yes. Notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the hearing pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the public hearing (by first class mail) to all property owners owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. Staff will refer the application to the following agencies: Emma Caucus and Town of Basalt. FEES: $1,015.00 (make check payable to " Pitkin County Treasurer ") $936 Planning Office flat fee (non- refundable; based on 3 hours of staff time; if staff review time exceeds 4 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312 /hour) Y $54 Publication Fee $25 Clerk Technology Fee To apply, submit 8 copies (2 unbound) of the following information, unless noted otherwise: I . Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Application Submission Requirements for Location and Extent Review as detailed in Section 2.2.23 of the Pitkin County Application Manual. 3. 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. 4. Legal Description of the property. 5. Consent from the owner of the property for the representative to process the application and represent the owner; 6. Street address and parcel description, including legal description, and 8 -1 /2 "x 1 I" vicinity map locating the subject property within Pitkin County; 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form ( I copy — form attached); 8. List of all property owners and mineral estate owners within 300' of the subject property (1 copy); and 9. Copies of this pre - application Conference Summary Sheet. NOTES: r PLEASE SUBMIT TWO UNBOUND AND ONE -SIDED COPY OF I OUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents in format no larger than 81/2" by 11': i 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. 3 Letter of Authorization The Town of Basalt authorizes Senior Planner, Brian McNellis to represent the interest of the Town of Basalt with regard to the Grace -Shehi - Location & Extent Application before the Pitkin County Planning & Zoning Commission. Susan Philp Town Planning Director and Acting Town Co- Manager Town of Basalt L/ Date PTJ'IUN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKINCOUNTY (heteinafterCOUNTY)and �i{k. co— " DLAn (hereinafter APPLICANT) AGREE AS FOLLOWS: ,.r L APPLICANT has submitted to COUNTY an application for l l fGcE S� 1 ( X �^'� (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee stricture 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 tune of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree (list fees charged for the processing of land use applications shall accumulate if on application includes more than one type of land use review. 5. COUNTY and APPLICANT farther 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. G. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect fa ll fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ r O t s which is based on 3 hours of staff time, and if actual tine spent by staff to process the application exceeds the average number of (tours 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 accriied costs shall be grounds for suspension of processing. PITE:IN COUNTY APPLICANT Cindy Reuben Community Development Director Effective 4/9/08 G:county\admin\forms \agreement to pay J Print Name Signature Date: t /l.11 - Mailing Address: 570 1= 1'14 .. i'1` 'S k 3oer I \spay,. Co g"lf= I I Land Owners Within 300 Feet Bureau of Land Management Colorado River Valley Field Office 2300 River Frontage Rd. Silt, Colorado 81652 Pitkin County Courthouse Plaza 530 E. Main St. 3`d Floor Aspen, CO 81611 St. Judes Company P.O. Box 885 Basalt, CO 81621 Grange Family Ranches LLC 408 W. Cody Ln. Basalt, CO 81621 Roaring Fork School District RE -1 P.O. Box 820 Glenwood Springs, CO 81602 RECEPTION #: 572895, 0812012nlO at 04:47:31 PM, 1 OF 2, R 916.00 OF $0.00 Janice K. Vos Ci L11, Pitkin County, CO QUIT CLAIM DEED AND ASSIGNMENT THIS DEED and ASSIGNMENT, between BASALT HIGHLANDS, a BASALT HIGHLANDS I, a Colorado RICHARD E. DOWNEY, Grantee. Made this A� day of August, 2010, Colorado general partnership, a /k/a general partnership, Grantor and the WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, QUIT CLAIMED and ASSIGNED, and by these presents does remise, release, sell, QUIT CLAIM and ASSIGN unto the Grantee, his successors and assigns forever, any and all water rights and water storage rights, whether adjudicated or unadjudicated, all entitlements to use water, whether contractual, by permit, or otherwise, and all groundwater rights, whether tributary or nontributary and J whether adjudicated or not, used upon or appurtenant to the Property described on Exhibit A attached hereto and incorporated herein, along with all permits, easements, structures, ditches, pipelines, headgates, wells, pumps, measuring devices and other facilities necessary for or used in QQ connection with the exercise of such rights. TO HAVE AND TO HOLD the same, together with all singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The Grantor has executed this deed and assignment on the date set forth above. CeT711.ire"; By: Richard E. Downey General Partner ACKNOWLEDGMENT ON FOLLOWING PAGE C A)acamcros and ScnmgS ryrcuvC1\1=al Scltmgs'Xemptnai y Intcmct I Qut1onk \I1)63XSQ•)1QCD and Assigmncni - RiclUard H Iktwncy doc EXHIBIT "A" LEGAL DESCRIPTION PARCEL2 A parcel of land situated in tract No. 59 of Section 18, Township 8 South, Range 86 West of the 6th P.M., lying Easterly of the Westerly line of said Tract 59 and Southwesterly of the center line of a ditch as constructed and in place, said parcel of land is described as follows: Beginning at an iron post with a brass cap, found in place, and properly marked for Angle Point No. 4 of said Tract No. 59; thence N 89 046'50" E 75.00 feet along the Northerly line of said Tract No. 59 to a point in the said ditch; thence S 44 008'21" E 96.56 feet along the center of said ditch; thence S 28 020'00" E 50.34 feet along the center of said ditch; thence S 35 °12'38" E 69.70 feet along the center of said ditch; thence S 39 039'15" E 43.28 feet along the center of said ditch; thence S 40 022'00" E 40.91 feet along the center of said ditch; thence S 49 007'06" E 59.51 feet along the center of said ditch; thence S 53 031'56" E 84.01 feet along the center of said ditch; thence South 227.17 feet; thence West 372.07 feet to a point on the Westerly line of said Tract No. 59; thence N 00 005'40" W 550.79 feet along the Westerly line of said tract No. 59 to Angle Point No. 4 of said Tract No. 59, the Point of Beginning. RECEPTION #: 572895, 08/20/2P'0 at 04:47:31 PM, 2 OF 2, Janice K. Vos Caudill, Pitk County, CO STATE OF COLORADO ) ss. County of, OE ) The foregoing instrument was acknowledged before August, 2010 by RICHARD E. DOWNEY. WITNESS my hand and official seal. My commission expires: Notary Public ('PDocemnss and SUM181`,J1=1c tLocal Semnge ,TempnmtT Interact I' ices \(Ionte)il.0tabokU1)67XSQ9 \Q('D and Awgnnwn - Ric6atdt Downey doc of RECEPTION #: 572896, 0812012 ^1.0 at 04:47:32 PM, 1 OF 4, R 526.00 DF $0.00 Janice K. Vos C ill, Pitkan County, CO Consideration: $1,500,000.00 WARRANTY DEED THIS DEED, made , Between RICHARD E. DOWNEY of the County of Jefferson , State of CO, GRANTOR, AND TOWN OF BASALT, a Colorado Home Rule Municipality and, PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS GRANTEE whose legal address is 101 MIDLAND AVENUE, BASALT, CO, 81621 of the County of Eagle, State of CO WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, heirs and assigns forever, all the real property together with improvements, if any, Jsituate and lying and being in the County of Pitkin, State of COLORADO, described as follows: See Attached Exhibit "A" c� TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, heirs and assigns forever. And the Grantor, for , heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, heirs and assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "B" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 /Q RECEPTION #: 572896, 09/20/210 at 04:47:32 PM, 2 OF 4, Janice K. Vos Caudill, Pit , County, CO 1 SIGNATURE PAGE TO WARRANTY DEED PAGE 2 ICHARD E DOWNEY� STATE OF CIfiCLI �%J erii7 ) COUNTYOF1jR19P1,410E )s The foregoing Instrument was acknowledged before me this / c, day ofGt'(G(S % 2010, by RICHARD E. DOWNEY WITNESS my hand and official seal my commission expires: 21a�/(:):,6/& 1355861-4 RECEPTION #: 572896, 08/20/2nlo at 04:47:32 PM, 3 OF 4, Janice K. Vos Caudill, Pit i County, CO EXHIBIT "A" LEGAL DESCRIPTION PARCELI A parcel of land situated in Tract 59 of Section 18, Township 8 South, Range 86 West of the 6th P.M being more fully described as follows: Beginning at Angle Paint No. 7 of said Tract 59 thence S 89 °33'30" W 1382 71 feet; thence N 89 "09'58" W 240 00 feet to the True Point of Beginning; thence N 89 °09'58" W 1012 49 feet to Angle Point No. 5 of said Tract No. 59; thence N 00"05'51" W 1239.38 feet to Angle Point No. 4 of said Tract No. 59; thence N 89'48'49" E 973.45 feet; thence S 17'46'15" W 624.30 feet; thence S 19'14'44" E 702 61 feet to the True Point of Beginning. EXCEPTING THEREFROM A parcel of land situated in tract No. 59 of Section 18, Township 8 South, Range 86 West of the 6th P M . lying Easterly of the Westerly line of said Tract 59 and Southwesterly of the center line of a ditch as constructed and in place, said parcel of land is described as folloi Beginning at an iron post with a brass cap, found in place, and properly marked for Angle Point No 4 of said Tract No 59; thence N 89'46'50" E 75.00 feet along the Northerly line of said Tract No. 59 to a point in the said ditch, thence 5 44'08'21" E 96 56 feet along the center of said ditch; thence S 213'20'00" E 50 34 feet along the center of said ditch; thence S 35'12'38" E 69.70 feet along the center of said ditch; thence S 39'39'15" E 43.28 feet along the center of said ditch, thence S 40'22'00" E 40.91 feet along the center of said ditch, thence S 49'07'06" E 59 51 feet along the cenler of said ditch, thence 5 53'31'56" E 84.01 feet along the center of said ditch; thence South 227 17 feet; thence West 372.07 feet to a point on the Westerly line of said Tract No. 59; thence N 00 °0640" W 550 79 feet along the Westerly line of said tract No 59 to Angle Point No 4 of said Tract No 59, the Point of Beginning PARCEL 2 A parcel of land situated in tract No 59 of Section 18, Township 8 South, Range 86 West of the 6th P.M., lying Easterly of the Westerly line of said Tract 59 and Southwesterly of the carter line of a ditch as constructed and m place, said parcel of land is described as follows. Beginning at an iron post with a brass cap, found in place, and properly marked for Angle Point No. 4 of said Tract No 59; thence N 89'46'50" E 75 00 feet along the Northerly line of said Tract No. 59 to a point in the said ditch, thence S 44 °08'21" E 96.56 feet along the center of said ditch, thence S 28 "20'00" E 50 34 feet along the center of said ditch; thence S 35 "12'38" E 69 70 feet along the center of said ditch; thence S 39'39'15" E 43.28 feet along the center of said ditch, thence S 40'22'00" E 40.91 feet along the center of said ditch, thence S 49'07'06" E 59.51 feet along the center of said ditch, thence S 53 °31'56" E 84 01 feel along the center of said ditch; thence South 227.17 feet, thence West 372 07 feel to a point on the Westerly line of said Tract No. 59; thence N 00'05'40" W 550.79 feet along the Westerly line of said tract No. 59 to Angle Point No 4 of said Tract No 59, the Point of Beginning. /L 20' Access & Utility Easement Tract 59, Section 18, T 8 S, R 86 W of the 6th PM Pitkin County, Colorado Found GLO 1" Mon Pipe and Brass Cap Mon, A.P. 4 TvCt 59 973.45' Basis of Bearings Downey Parcel B 609, p 400 & Rec. j 341119 0 ti A 20' Access & Point P 0 B Utility Easement , No. I \ Found 15 Rebor and Aluminum Cop L.S. 14060. \ N89.4649E ff 174.46' 20' �19 0' 20 �1 O 589'0958 E \ 1012.49' p, LINE TABLE L20 LINE LENGIN BEARING 0 65.34 I 543'3773 E L2 10627 S475746E L3 40.31 531'55.00 E L4 39 35 ='18'36"F L5 1758 S60'03.17E L6 57.04 N81'06'03 E L7 13.43 S812036 E L8 8670 S65-52'13 -E L9 173.63 557'36'45E L10 102.26 573'J229E Lit 42. 77 S67'44 `72 E L12 76.25 L 548'19-52-E L1J 95.41 S5J2340E L14 11336 S53'13'49E L15 122.66 589'0958 E L16 76.91 N33'l 43J"W L17 38.88 N73'1232 "W Lie 5928 N33'23 '41 "W L19 770.22 Nl ,0 "W f0' o Basalt High School / h a� 55.82' 20' Access & _Uuhty Easement No. 2 -L25 L24 z \7 SCALE.' 1'= 200' Found 45 Rebor and Yellow Plostic Cop L.S. 13166 LINE TABLE L20 71.21 N06'07'1 7W L21 101.45 N24'2008`W L22 73.76 N145779"W L23 58.62 N41'02'07 "W L24 5302 S89'4JJJE L25 J4.76 N75'19'09E L26 6710 54224781N p\• _BEN LAND /1 SCHMUESER GORDON MEYER, INC. Exbiblt A (wVA I I B W. BTS STREET. $111TE 200 G�Rw000 SPRINGS. COLOPwDO 61601 20' Access & Utility Easement (9 701 945 -1 004 FA X(970) 945-5945 SCHMUESER I GORWN I MEYER ASeER, GOLORw001970) 925.6727 s 5 CRESTED BUTTE, CO 1970) 349-5355 ,yp N4 saw% -Jw aols- 3 -4 -10 amen by reb F✓k a :mf c.Nbk �3 SCHMUESER 1 GORDON MEYER "` "w °'B'.,'PSU 520o Poeeox zlss Po65 ox aoee ENGINEERS d SURVEYORS G.e "wWO S ✓nl CO 81601 KGC„CO e1612 ucsim ev"6<8,22< 9109 <5 1009X0 91P925B]2] 9]0]405355° f% 9]09<53940 Sx 9]tr925 -<15] n 970- 349-5358 20' Access and Utility Easement Two strips of land located on a parcel of land described in Book 609 at page 400, Pitkm County records, herein after referred to as the Downey Parcel, being located in Tract 59, Section 18, Township 8 South, Range 86 West of the 6" P.M., Pitkin County, Colorado, said strips being twenty (20) feet wide, ten (10) feet on each side of the following described centerlines, with side lines being shortened or extended to meet parcel lines: Access and Utility Easement No. 1 Beginning on the westerly line of said Downey Parcel, from which a GLO brass cap marking angle point 4 of Tract 59 bears N00 °05'51 "W, 702.54 feet; thence along an existing road or track the following 14 courses: 1) S43 °37' 13 "E, 65.34 feet 2) S4757'46 "E, 106.27 feet 3) S31 °55'00 "E, 4031 feet 4) S23 °18'36 "E, 39.35 feet 5) S60 °03' 17 "E, 17.58 feet 6) N81 °06'03 "E, 61.04 feet 7) S81 °20'36 "E, 13.43 feet 8) S65 °52' 13 "E, 86.70 feet 9) S57 °36'45'"E,173.63 feet 10) S73 °32'29 "E, 102.26 feet 11) S67 °44' 12 "E, 42.17 feet 12) S48 °19'52 "E, 76.25 feet 13) S53 °23'40 "E, 95.41 feet 14) S53 °13'49 "E, 113.36 feet; thence departing said existing road or track S89 009'58 "E, 122.66 feet, being 10 feet northerly and parallel to the southerly line of said Downey Parcel, to a point on and thence continuing along the existing road or track the following eight (8) courses: 1) X33°14'33 "W, 76.91 feet 2) N13 °12'32 "W, 38.88 feet 3) N33 °23'41 "W, 59.28 feet 4) N19 °02'02 "W, 170.22 feet 5) N06 °07'17 "W, 71.21 feet 6) X24°20'08 "W, 101.45 feet 7) N14 °57' 19 "W, 73.76 feet 8) N41 °02'01 "W, 58.62 feet to a Point A thence departing said existing road or track N42 °24' 18 "E, 87.10 feet; thence N17 °46' 15 "E, 621.05 feet 10 feet westerly of and parallel to the northeasterly line of said Downey Parcel to a point on the northerly line of said Downey Parcel, said point being the Point of Terminus, said parcel containing 1.15 acres (50,285 sq. ft.), more or less. Access and Utility Easement No. 2 Beginning at a point on the easterly line of said Downey Parcel from which the easterly angle point of said Parcel bears N19 °44' 14 "W, 55.82 feet; thence S75 °19'09 "W, 34.78 feet; thence N89 °43'33 "W, 53.02 feet to the aforementioned Point A, said point being the Point of Terminus, said parcel containing 1399.59 square feet, more or less. Bearings are based on the northerly line of said Downey Parcel between a brass cap GLO monument marked AP 4, Tract 59, at the northwest comer and the northeast corner, marked with a aluminum cap and #5 rebar marked LS 140601 N89 046'47 "B. Q: \1990 \90040B- 324\road easement amended 3- 4- 2010.doc 1L/ 11/9/2012 Grace -Shehi Open Space — Location and Extent Application Proposal The Town of Basalt and Pitkin County Open Space & Trails is requesting a Location and Extent Review for the Grace -Shehi open space parcel (aka Downey property) pursuant to Section 2 -30 -10 (h)(10) of the Pitkin County Land Use Code and Section 2.2.23 of the Pitkin County Land Use Application Manual. The property is located immediately west of Basalt High School and at the base of Light Hill. The uses proposed for the parcel are described in the attached Management Plan and uses outlined in this document. In 2010, Pitkin County and the Town of Basalt jointly purchased the 25 acre Grace - Shehi Open Space parcel to further a number of defined goals including facilitating the construction of the Southside Water Tank, expanding recreational opportunities for the Mid - Valley, and providing local agriculture opportunities. Since the Grace -Shehi acquisitions, both entities have cooperated to develop a Management Plan that was approved in March of 2012 and included Management Plan Goals and defined opportunities such as agriculture, recreation, and wildlife management. The approval process included extensive public participation through community focus groups and public forums. During the public process, uses were proposed and evaluated. The plan was ultimately endorsed by the Basalt Town Council as well as the Pitkin County Open Space & Trails Board. Uses proposed that were approved in the Management Plan include a Community Garden, sustainable agriculture for local consumption, Bike Park, and legitimized trail access through the property to adjacent BLM land. Community Garden The Community Garden has already been established by the Mid - Valley Community Garden Collective ( MVCGC) at the Grace -Shehi property. A major component of this application request is to recognize the garden which has proven to be very popular during its inaugural season in the summer of 2012. A half -acre of land that was previously farmed by the Grange family was outfitted with irrigation (water donated by the Town of Basalt), fenced, and divided in to 10' x 10' plots and leased to local gardeners. Nearly all of the plots were occupied during the 2012 growing season. For reference, activities at the garden are governed by the Rules adopted by the MVCGC and attached hereto. Three parking spaces for handicap and loading are offered at the garden entry. Otherwise, gardeners are asked to park at the existing Rio Grande trailhead about 1/4 mile away (which has proven successful thus far). The MVCGC would like to build upon /t5- the success of the Grace -Shehi Community Garden by improving the amenity with a prefabricated storage shed for gardening tools (12' x 10') and a shade structure (pergola) which will be constructed (12' x 12'). See the attached site plan for the proposed location of these structures. The plan also includes the possibility of a small composting area for the direct benefit of the garden form year to year. Bike Park The proposed Bike Park has garnered support from local bike enthusiasts and the Town of Basalt to replace an existing "bandit" BMX track that has developed over time on Town property. The bandit track has become a liability to the Town and is located within sensitive riparian habitat adjacent to the Roaring Fork River. The plan is to restore the land occupied by the bandit track and build a new Bike Park on a flat bench on the Grace -Shehi property (directly above the Grace -Shehi ditch). This particular site is proposed because of its proximity to Basalt High School, the Rio Grande bike trail, and pending mountain bike improvements on Light Hill (see BLM Trail Access below). The bench was previously used as a dumping ground for the adjacent agricultural operations. As a result, the land is already heavily disturbed and free of substantial vegetation. Designs for the Bike Park would create berms and features for riders of all skill levels. Bike Parks close to urban centers and especially schools are critical for children to access after school and during the summer. Recreation is a major part of both the Town of Basalt and Pitkin County Open Space mission. Attached are examples of bike parks from other locations. The Town of Basalt and Pitkin County has been in contact with Crown Mountain Park about their addition of a BMX track in 2013. Having a BMX track and a bike park in close proximity will complement each other and provide opportunities for all types of bikes and ages to participate. Parking for the bike park would be allowed at the Rio Grande Trail trailhead. The Applicants are working with the High School to allow additional parking on school property. Note: Parking requirements for the bike park are expected to be minimal since biking to the site will be encouraged. Locally Based Agriculture The community has also explored the possibility of initiating a community based "farm to table" agriculture initiative which would generate crops for local markets, restaurants, and schools. The logistics of this program have yet to be solidified but local experts such as Four - Season Farm Consulting and Fat City Farmers have been involved in the planning. /6 The philosophy of sustainably minded agriculture of this type has generally been supported by the community. In essence, the use of the lower bench as agricultural land will remain unchanged if approved. No structures beyond what is proposed for the Community Garden are included in this application and The Town and County understand that subsequent Location and Extent applications may be necessary if greenhouses or agriculture structures are proposed in the future. Nordic The Aspen and Pitkin County Nordic Council have increased their efforts to offer mid - valley access to groomed Nordic trails. The existing agricultural land at Grace -Shehi has been targeted as an area where accessory looped track could be accommodated due to its limited solar exposure and proximity to maintained track on the Rio Grande trail. The Nordic Council would assume seasonal maintenance of the track. This recreation will not interfere with agricultural production discussed previously in this application. BLM Trail Access Many Basalt residents and local committee groups like the Basalt Parks, Open Space and Trails (POST) have been vocal about their desire to have the Grace -Shehi open space provide legal access to existing and future trails on Light Hill. The BLM manages the public lands beyond the Grace -Shehi parcel and have agreed to acknowledge and legitimized the trails that currently provide access to the ridge of Light Hill as part of their recent revisions to the Resource Management Plan for the Colorado River Valley. The Town of Basalt and Pitkin County Open Space & Trails are working with the BLM to create a sustainable trail to minimize erosion and impact to wildlife habitat. On Grace Shehi the current road to the Town of Basalt water tank will be the trail to connect to the BLM. Note: The applicants are working with the BLM on what seasonal closures will be necessary to protect critical winter habitat for deer and elk and will institute the same closures on Grace -Shehi Open Space. Section 2 -30 -30 NO 0) — Location and Extent Review (a) The purpose of the location and extent review is to determine whether any proposed road, park, or other public way, ground, or space, or public building or structure, or public utility, whether publicly or privately owned is in conformance with the applicable Comprehensive Plan or Master Plan. l� the Preservation of Open Space in addition to Scenic Quality as top priorities. The adopted Management Plan supports these goals and will ensure that the proposed uses therein will be implemented in a way that is sensitive to wildlife habitat, perpetuate agriculture operations, and essentially eliminate large scale development on the property. Small improvements to the Community Garden are requested including the addition of a small toolshed (12'x 10) and a shade structure (10'x 10'). It is not anticipated that these improvements will compromise the goals stated in the Down Valley Master Plan. In general, the uses proposed will further these goals. (b) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale of or acquisition of land for any road, park or other public way, ground, place, property, or structure, shall be subject to similar submission approval. Response — Other than the improvements requested to the Community Garden (see above) and the importation of dirt for the proposed Bike Park, no changes to the existing conditions on the Grace -Shehi property are requested. It is understood that future requests not included in the application will be subject to subsequent location and extent application approval. (c) A location and extent review may be undertaken concurrently with any other applicable County review process. Response — No other County review process is applicable or requested. (d) In the case of disapproval by the Planning and Zoning Commission of a location and extent review the Commission shall communicate its reason to the governing body or official having jurisdiction for the proposed project. Response — This provision is understood by the applicant. Attachments: 1. Grace -Shehi adopted Management Plan 2. Basalt Resolution No. 7, 2012 adopting the Grace -Shehi Management Plan 3. Pitkin County Open Space & Trails Board Resolution of Approval adopting the Grace -Shehi Management Plan 4. Community Garden Site Plan 5. 2012 Community Garden Guidelines 6. Proposed Community Garden Shed (Example) 7. Bike Park Examples l� GRACE -SHEHI MEADOWS MANAGEMENT PLAN MARCH 2012 rFY •LF ANOT T 04� s BASALT /9 1. INTRODUCTION Pitkin County Open Space and Trails (OST) and the Town of Basalt (Basalt) partnered to purchase the Grace -Shehi Meadows parcel to prevent further development outside the urban growth boundary of Basalt and conserve over 25 acres adjacent to public land and existing conservations easements. The purchase included over 6 acres of agricultural land that could be used for Community Supported Agriculture while expanding the recreational trail system in the mid valley. The upper slopes of the property connect to Basalt High School and public land managed by the Bureau of Land Management (BLM). The current access road /trail to Light Hill traverses through the Grace -Shehi Meadows property. Staff and the community will work with the BLM to define recreational trails and Light Hill access, while protecting critical winter range for mule deer and elk. Basalt and OST share a long and successful relationship preserving lands in this area and will share responsibilities for management of Grace -Shehi Meadows. This plan represents current conditions and future improvements. Staff from both jurisdictions will work collaboratively with the community, adjacent land owners, Bureau of Land Management, and Colorado Parks and Wildlife to implement the action items in this plan. Like all plans created by OST and Basalt, adaptive management will be employed and the plan is always open for amendment through the Basalt Town Council and OST Board of Trustees. 2. PLANNING PROCESS OST and Basalt held a number of public meetings during 2011 and 2012 to gather community input. Meetings with the BLM and Colorado Parks and Wildlife were held to get feedback on the contents of the plan. The plan was also review by the Basalt Parks and Open Space & Trails Committee and the Basalt Town Council. Both Pitkin County and Basalt ultimately adopted this plan. 70 NWN 1.1. 0 Z Z Z a a e/ I I .ten 1 d SAS Fr"i. 4 �. n N o O U u _ R N OWE 1 T R d Q >9 b i N c N U Y R J � R O U O j R � o � h m c o rn 3 m = F C R R 0 N N O R R U�% m m (V i N R q a d N F U _ R R J 4. MANAGEMENT PLAN GOALS Agriculture Work with the Mid Valley Community Garden Collective ( MVCGC) to develop a community garden. Determine future agriculture use on the remaining arable land. The community has endorsed the idea that OST and Basalt explore operating the remaining agricultural land on the lower bench to support the local food movement. Recreation Define recreation access to the east side of Light Hill in coordination with the BLM. Provide a Nordic skiing loop that connects to the Basalt High School and Rio Grande Trail in the wintertime. -1h Establish a non - motorized BMX bike park on the middle bench. Wildlife and Land Management h Collaborate with Colorado Parks and Wildlife and BLM to manage habitat on Grace - Shehi Meadows. AN Restore un- utilized portions of the middle bench back to native vegetation. 5. Agriculture The Grace -Shehi Meadows Use property. Community Garden One of the main drivers for the purchase of the Grace -Shehi Meadows property was the potential of creating a community garden. As soon as it was announced that the property was purchased the MVCGC was ready to start planting. The MVCGC has been closely involved in the planning process for creating a management plan for Grace - Shehi Meadows. The location of the garden in the northeast portion of the property offers ample solar exposure and easy located adjacent to the Town of Basalt waterline for irrigation. public access. It is also The mapped area for the garden is approximately 1 acre. From experience running the Homestead Garden in the Town of Basalt, the MVCGC feels there is enough demand to warrant a'' /z acre community garden and could eventually expand to a full acre. MVCGC will administer the garden under a similar agreement currently held with the Town of Basalt for the Homestead Garden. This agreement will outline the allowable uses in the garden and how it will be plotted for individual use. Future expansion beyond an acre will be determined by demand and other agriculture uses. The Town of Basalt will provide irrigation water for the garden from the Town's water supply. Parking for the garden will be at the trailhead along the Rio Grande Trail. We will work with the MVCGC to encourage members to use alternative means of transportation to get to and from the garden. Handicap accessible parking and access to the community garden will be accommodated immediately adjacent to the garden. Garden plots near the entrance of the garden will be designed according to American's with Disabilities (ADA) guidelines. A small composting area and tool shed will be allowed on site while minimal short term parking adjacent to the garden will allow for the drop off material and supplies. Other Agricultural Uses Approximately 6 acre pasture was historically used as pasture and hay production. According to neighbor Billy Grange the pasture is very fertile and can produce a very good hay crop, even without irrigation. There is potential for many different types of agriculture on Grace -Shehi Meadows. Some of agricultural uses proposed on the remaining pasture area include growing food to support mid - valley "garden to table' initiatives (supporting local crop production for the benefit of nearby communities). Agriculture uses could entail greenhouses, row crops, hay production, or livestock grazing. OST and Basalt will work within the Pitkin County Land Use Code when developing future agricultural plans for the property. Agriculture use on this property will be a priority. Until another use is proposed and approved by Basalt and the OST Board of Trustees, Grange Family Ranches will be allowed to manage the pasture under their current lease with OST for the Emma Open Space. 6. RECREATION The Grace -Shehi Meadows Use Map defines the location for all the recreational uses on the property. Only leashed dogs are currently allowed on the Rio Grande Trail. This policy will be adopted for any trail that may connect Grace -Shehi Meadows with adjacent BLM lands. Dogs are not allowed on the Nordic Trails, in Bike Park, agricultural area and community garden. Nordic Both Basalt and OST have allowed Nordic trails to be groomed during the winter months. The alignment will be set annually to utilize as much of the pasture and lower bench as possible without disturbing agriculture use. The combination of trails on Grace -Shehi Meadows and the Basalt High School allow approximately a mile of trail to expand from the Rio Grande Trail. The location of Grace -Shehi Meadows is ideal for Nordic since it is typically protected from wind and long periods of solar exposure. Light Hill Parking is located at the Trailhead for the Rio Grande Trail or in the visitor lots at the Basalt High School. 0 BLM Access Currently, there is access to Light Hill administered by the BLM on an unrecognized ranch road. The BLM is in the process of updating their Resource Management Plans for Light Hill and staff will work with the BLM and Colorado Parks and Wildlife to determine how a non - motorized and sustainable route can be established to access the top of Light Hill. The current old roads past the new Basalt water tank are extremely steep and eroded in large sections. Developing a sustainable non - motorized trail with appropriate grade and seasonal closures to protect critical winter wildlife habitat will be a goal of the planning process for OST and Basalt. Parking/Trailheads There is an existing trailhead for the Rio Grande Trail adjacent to the property, which will be the main trailhead for Grace -Shehi Meadows. Limited parking is also available in the visitor parking spots at the Basalt High School for Nordic use and access to Light Hill. A kiosk will be developed to educate visitors about the Rio Grande Trail, community garden and access to the BLM. During the Rio Grande Trail Management Planning process in 2012 it will be determined if restroom facilities are needed at this location. Restoration /Recreation Area Historically, the middle bench on Grace -Shehi Meadows was a used as a private landfill and staging area for construction vehicles. This area is heavily disturbed and was recently used to stage construction vehicles and deposit material for the new Basalt water tank. Once the tank was completed, the entire area was graded and reseeded. During the management planning process there were discussions about the types of uses could be sustained in this area. Moving the existing BMX park/pump track (currently located in an ecologically sensitive area) to Grace -Shehi Meadows is strongly supported by bike enthusiasts in the community. Basalt with OST support will work with the community to develop and implement a plan to construct a non - motorized Bike Park on the middle bench. If other uses are contemplated for the middle bench, a public process will be conducted to appropriately amend this plan. All areas not used for recreation will be restored to native vegetation. C�y as 7. WILDLIFE AND LAND MANAGEMENT Staff has consulted with Colorado Parks and Wildlife and the BLM on the wildlife use of the property and adjacent lands. While Grace -Shehi Meadows contains limited wildlife habitat, it is adjacent and provides access to thousands of acres of critical winter habitat for mule deer and elk. Staff will work with the BLM and Colorado Parks and Wildlife to manage that access in accordance to the new Resource Management Plan being developed by the BLM. 8. NAMING When the property was purchased the name for the property was commonly known as Sopris Chase because the property was embroiled in a land use debate about developing affordable housing to replace housing at the Roaring Fork Mobile Home Park. The Town of Basalt originally proposed Grace Park, which is derived from the Grace family who settled on the south side of the Roaring Fork in the 19th Century. During the public process for adopting this management plan, it was suggested that the name be expanded to become Grace -Shehi Meadows to reflect the name of the Shehi family who were also early settlers in the Basalt area and reference the ditch that passes through the area. Removing "park" from the name is partially an effort to minimize confusion that the land is a park in the traditional sense (i.e. picnic areas, playground, etc.) Individual uses within the property (i.e. Community Garden or BMX track) could acquire more specified names. 9. MANAGEMENT ACTIONS • Work with the MVCGC to develop a' /z -1 acre community garden. • Continue to groom Nordic skiing trails to connect to the Basalt High School and the Rio Grande Trail. • Collaborate with the BLM and Colorado Division of Parks and Wildlife on sustainable non - motorized access to Light Hill. • Continue the community dialogue on the future agriculture use of the remaining 5.5 acres of pasture. • Continue hay production on the remaining pasture until future agriculture uses are determined. • Establish a non - motorized bike park/track on the middle bench in collaboration with local bike enthusiasts and other interested parties. • Once the Rio Grande Trail Management Plan is complete, work to create signage at the Trailhead to provide information regarding the community garden, agriculture use, and BLM access. a(_", A RESOLUTION OF THE TOWN OF BASALT, COLORADO, ADOPTING THE GRACE -SHEHI MEADOWS MANAGEMENT PLAN TOWN OF BASALT, COLORADO RESOLUTION NO. 7 SERIES OF 2012 RECITALS In 2010, the Town of Basalt and Pitkin County Open Space & Trails jointly purchased the Grace -Shehi Meadows parcel. The 25 acre Grace -Shehi Meadows parcel is situated near Basalt High School and is adjacent to public BLM lands associated with Light Hill. The purchase of the property was intended to prevent development from occurring outside the Basalt Urban Growth boundary while furthering the goals of land conservation and recreation in Pitkin County. During 2011, Pitkin County Open Space & Trails and the Town of Basalt held several public meetings to discuss potential uses and future management of the property. In February of 2012, a Public Open House was held to provide input on the name and the uses that the community would like to see on the parcel. The name Grace Meadows was initially endorsed by the Town Council and was expanded to Grace -Shehi Meadows to reflect the names of two prominent families that historically farmed the land near Basalt High School. The supported uses at Grace -Shehi Meadows were 1) community garden, 2) sustainable community agriculture, 3) BMX park, 4) Nordic track, and 5) trail access to public lands. The Grace -Shehi Meadows Management Plan was presented to the Town Council at their regular meeting on March 13, 2012; and The Town Council members endorsed the Grace -Shehi Meadows Management Plan at that meeting; NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Basalt, Colorado, that: 1) The Grace -Shehi Meadows Management Plan, dated March 2012, is hereby adopted as an implementation document to advance the goals of the Town of Basalt and Pitkin County Open Space and Trails. 7 Town of Basalt, Colorado Resolution No. 7, Series of 2012 Page 2 2) The Town and Pitkin County Open Space & Trails intend to use the Grace -Shehi Meadows Management Plan as a guide in planning and making future improvements to the Grace -Shehi Meadows open space parcel. 3) The Town intends to seek funding opportunities to supplement local funds as needed to implement the proposed uses in the plan. RESOLVED this 13th day of March, by a vote of 7 to 0. TOWN OF- BASALT, COLORADO By: Leroy�ux,MMayor / B : SEAL Y: A EST: G� i � Pamela K. Schilling, Cler< Town of Basalt, Colorado Resolution No. 7, Series of 2012 Page 2 2) The Town and Pitkin County Open Space & Trails intend to use the Grace -Shehi Meadows Management Plan as a guide in planning and making future improvements to the Grace -Shehi Meadows open space parcel. 3) The Town intends to seek funding opportunities to supplement local funds as needed to implement the proposed uses in the plan. RESOLVED this 13th day of March, by a vote of 7 to 0. TOWN OF BASALT, COLORADO Leroy Mayor 0 SEAL A/ ET: 7/ e, A-, Pamela K. Schilling, Clerk A RESOLUTION OF THE TOWN OF BASALT, COLORADO, ADOPTING THE GRACE -SHEHI MEADOWS MANAGEMENT PLAN TOWN OF BASALT, COLORADO RESOLUTION NO. 7 SERIES OF 2012 RECITALS In 2010, the Town of Basalt and Pitkin County Open Space & Trails jointly purchased the Grace -Shehi Meadows parcel. The 25 acre Grace -Shehi Meadows parcel is situated near Basalt High School and is adjacent to public BLM lands associated with Light Hill. The purchase of the property was intended to prevent development from occurring outside the Basalt Urban Growth boundary while furthering the goals of land conservation and recreation in Pitkin County. During 2011, Pitkin County Open Space & Trails and the Town of Basalt held several public meetings to discuss potential uses and future management of the property. In February of 2012, a Public Open House was held to provide input on the name and the uses that the community would like to see on the parcel. The name Grace Meadows was initially endorsed by the Town Council and was expanded to Grace -Shehi Meadows to reflect the names of two prominent families that historically farmed the land near Basalt High School. The supported uses at Grace -Shehi Meadows were 1) community garden, 2) sustainable community agriculture, 3) BMX park, 4) Nordic track, and 5) trail access to public lands. The Grace -Shehi Meadows Management Plan was presented to the Town Council at their regular meeting on March 13, 2012; and The Town Council members endorsed the Grace -Shehi Meadows Management Plan at that meeting; NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Basalt, Colorado, that: 1) The Grace -Shehi Meadows Management Plan, dated March 2012, is hereby adopted as an implementation document to advance the goals of the Town of Basalt and Pitkin County Open Space and Trails. 130 -,�r Community Garden Site Plan (0.5 ac. + / -) GARDEN PLOTS 10'X 10' each a pprox. / ENTR \ T 4 4 y t�2V O 12'k 12 r °SOP SHADE STRUCTURE re a`ape posed) Q 12'x 10' TOOL SHED (proposed) G EN PLOTS 10'X10'ea .�Q If Community Garden Guidelines and Gardener Commitment Form — Grace -Shehi Community Garden 1. Garden plots are to be used primarily for growing vegetables and flowers for family use and not for commercial sale. This does not exclude owners of businesses, including gardening businesses, from having individual plots for themselves or for their employees as long as it is for their own consumption. If you have excess produce, please share with your family and friends. Charitable organizations may have plots as long as there is available space not wanted by families or individuals. 2. The Mid - Valley Community Garden Committee ( MVCGC) will accept applications on a first -come, first -serve basis. The plots are available to all who live and work in the Roaring Fork Valley. The MVCGC Committee will give priority to mid - valley (from Catherine Store road to Old Snowmass) residents and residents closest to the garden. Residents of other areas in the Roaring Fork valley will be granted space if available after the needs of mid - valley residents have been met. In future years, returning gardeners will be allowed to retain their previous season's plot, when possible, or have top priority in requesting a new plot, if they renew their application by March 31. Applications for new gardeners will be accepted beginning April 2. Please contact the Garden Coordinator, Gerry Terwilliger @ 927 -4629, for general questions or clarifications. All plots, except handicap accessible ones, are eight feet wide and a standard plot is ten feet long. Individual gardeners can request longer plots. 3. All gardeners must attend a brief orientation at the garden site prior to cultivating their plot. This is to ensure that everyone has knowledge of systems such as watering, compost, etc. It is also a time for the Garden Collective to make sure general garden care and maintenance duties are divided up among the gardeners. It is vital to the garden's success that everyone contributes some time to caring for the garden. Sign up for duties will be done during orientation, and you are responsible for following through with completing your duties. There will be at least one work day that all gardeners are expected to attend. Orientation times and dates will be sent out via e-mail in April. No sign up is required to attend orientation. 4. Our goal is to have an organic garden. Please check with your local garden center, the CSU Master Gardeners website, or neighboring gardeners for organic means of dealing with gardening problems. No GMO plants are allowed. In the event that an organic solution is not a viable option to a severe problem, an alternative solution can be submitted to the Garden Collective for consideration. 5. Gardeners are responsible for cultivating, weeding, and watering their own plots. Your plot needs to be in a Cultivated status by m June 10 out of respect for other gardeners. Plots that appear to be abandoned and full of weeds are subject to reassignment with fees forfeited. Plants should be confined to the plot and not allowed to ramble or fall over into the paths or other beds. 6. Garden plots may be raised a maximum of twelve inches except for handicap plots. 7. Children are strongly encouraged to respectfully participate in all the joys of gardening. Supervision is important at all times. 8. Gardeners are encouraged to walk or bicycle to the garden site. Except for the handicap spaces, parking is in the Rio Grande Trail parking lot or in the Basalt High School parking lot behind the High School. After dropping off any supplies or equipment at the site, please move your vehicle to one of these parking lots. Please keep the garden gate closed while in the garden and secure it when leaving and do not block it. 9. Water to the garden is being supplied by the Town of Basalt. Each individual gardener is expected to water her own plot. Please do not overwater your plot. There shall be no unattended watering with the following exception: soaker hoses or micro -spray systems on a battery timer will be allowed. These must be set up with water conservation in mind and shall only water the plot. No overspray onto the paths or other gardens will be permitted. 10. Common -sense list of No's: • No pets in the garden. • No motorized vehicles except for small rototillers. • No wind chime or other items that make noise may be left on a plot. • No littering; clean up your own garden waste; There will be a place for plant refuse for composting; this is only for plant refuse from the garden. • No disrespectful behavior such as alcohol consumption, loud music, etc. • No invasive plants, marijuana or state listed noxious weeds. • No taking garden produce that is not yours • No garden art without permission of the MVCGC; No art may shade or encroach into another individual's plot. • No structures maybe located without permission by the town of Basalt and Pitkin County Open trellises, tomato cages and other open supports for plants are permitted • No toxic chemicals. • No tending gardens after dark. 11. These guidelines are subject to change. You are responsible for checking your e-mail, or other garden communications for updated information. 12. Enjoy the season! Enjoy each other! Enjoy the food! MI COMMITMENT I have read the guidelines and agree to abide by them. I understand that my failure to comply with the Guidelines may result in termination and reassignment of garden plots with no fee refund. I also agree to not hold the Town of Basalt, Pitkin County and the Mid Valley Community Garden Collective liable for any damages to my garden or my person and /or dependents while at the garden or the properties surrounding. Likewise, in the event damage occurs to the gardens or the surrounding properties due to any negligence on my part, I will accept responsibility. . Signature: Date Application Form Last Name: First Name: Physical Address: Mailing Address: E -Mail Address: Phone Cell: Phone Residence: _I have previous community garden experience. How many years? Location? The 2012 fee schedule is as follows: 8X10 $40 8X15 plot $60 8X20 plot $80 5X10 HC plot $30 Checks should be payable to the Town of Basalt and accompany your commitment form. The CG Guideline and Release Form agreement is required with application. Please read and initial below: I have read and understand the rules of the Community Garden and agree to abide by them I agree to use organic gardening best practices as are recommended I agree to attend seasonal meetings as scheduled and participate in work projects at the garden Submit This Page along with check or money order payable to The Town of Basalt To: Grace -Shehi Community Garden C/O Gerry Terwilliger PO Box 2839 Basalt, Co. 81621 927-4629 Of la 1"'1J I t 4 G e dft t q. . OWN. ' _ '♦ ` t.P f � r��- °, ' ,� -i M \ 1,[ 4•�i�'1rL7'M���y•�` !t. Y.j.♦ »'Iy I �,.... .. r -'r .• T "q .. t `• . �• `'i`� Ci i', ..iy:.. y T'� 16y.1.. r. �.. ;» .�,A r °� •' f � ;1�� i .{ �p 7564-- 3>'? - s' .�_ -. ,fir Sri', ► � ..� - yi�i r. ,w �`� , - yV W +t tf �ti _� PUBLIC NOTICE RE: Grace -Shehi Park Location and Extent Review (Case #P104- 12;PID 2467- 183 -00 -001) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 15, 2012 at a regular meeting to begin at 5:00 p.m. or as soon thereafter as the conduct of business allows, before the Pitkin County Planning and Zoning Commission, Plaza One Conference Room, 530 E. Main St., Aspen to consider an application submitted by Pitkin County Open Space and Trails (530 East Main Street, Aspen, CO 81611) requesting review to create a community garden, construct sheds for storing gardening equipment, construct a bmx bike park, groom nordic trails in the winter, and create legal access to Light Hill. The property is located on Southside Drive, and is legally described as a parcel of land situated in tract No. 59 of Section 18, Township 8 South, Range 86 West of the 6h P.M. The State Parcel Identification Number for the property is 2467 - 183 -00 -001. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information contact Mike Kraemer at the Pitkin Community Development Department (970) 920 -5482. s/. Paul Rudnick Chair Pitkin County Planning and Zoning Commission Published in the Aspen Times Weekly on December 13, 2012. Pitkin County Account 002.02. Public Private Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920 -5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date http://www.aspenpitkin.comZPortals/O/docs/county/Com%2ODev/ Planning /Land Use Applications/P104-12 app pdf PUBLIC NOTICE RE: Grace -Shehi Park Location and Extent Review (PID 2467- 183 -00 -001) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 15, 2012 at a regular meeting to begin at 5:00 p.m. or as soon thereafter as the conduct of business allows, before the Pitkin County Planning and Zoning Commission, Plaza One Conference Room, 530 E. Main St., Aspen to consider an application submitted by Pitkin County Open Space and Trails (530 East Main Street, Aspen, CO 81611) requesting review to improve the AABC roadway network. This project includes pedestrian amenities, improved drainage, and surface pavement improvements. The proposal also includes an underground pedestrian crossing. The AABC is east of the Pitkin County Airport, and is legally described as the AABC Subdivision, in Township 8 South, Range 86 West of the 6s' P.M. The State Parcel Identification Number assigned to this application is 2643344. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information contact Mike Kraemer at the Pitkin Community Development Department (970) 920 -5482. s/ John Howard Chair Pitkin County Planning and Zoning Commission Published in the Aspen Times Weekly on January 3, 2013. Pitkin County Account 002.02. Public Private Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920 -5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date http: / /www.aspenpitkin.com/ Portals /0 /docs /county /Com°2ODev/ Planning /Land Use Applications/P104-12 app pdf County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, 25?_7z-(A/J /q"AAFV� , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on December 14, 2012 (which is 30 days prior to the deadline of January 15, 2012). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the December 28, 2012, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Applicant's name (Attach photograph here) SALLY FERREN NOTARY PUBLIC STATE OF COLORADO NOTARY 10 7988403W32 MYCat AMON Etv1RES tar MIS J"-C_147_ii Signature Signed before me this Z7 day of D remJe /, 201Z by WITNESS MY HAND AND OFFICIAL SEAL My commission expires:, • ZO /S otary Notary Public's Signature G:leounty\aftinVbr nslaf'id;wit far Activity Envelope/Site Plan/Caretaker Dwelling Unit PUBLIC NOTICE 9 4 I , i +F 14 - �- I r —i DATE .TANUARY 15 2olz TIME 5:00 P. M. f'tAZA 09-- 6;,,qFEF�NcE PLACE ? �N SO E MNq 5-r PURPOSE LOcAT -ioq t ExT6Ni' REwsw AT- Ft,*Am covNTy Piz - FOR THE OCATIog OF A 1M PARk gDKDJc, TgAft -s AUD LEGAL ACCESS T- UNFI- SILL F67 WILL A�siD� APP DVA� DF to S�6bmmL)N 1T ( GAkDEN 9 4 I , i +F 14 - �- I r —i �C ir,c�� p/IrMC ��OcL fakFV'N(,, / (i+z✓�G /jG�iovar Awl 'V Alc k D - �UZKG f�< -!ir'1 �ry.l f>�/��o�- ✓cCJI it_ i� a C E � Z� NGl1 SC(�poC L°GvSJt.- ��i — ¢/�JGq'l7n,JaC loo ?fir �<YZ_ - - -- / r ,z c! �;io7✓�PJ�N — /4wI�A 0 Pufl(,Y rr 6C opb,)SPeci- kkA 6 -T � Fy F,(, 1�6 z , Eo °ca Y —4-6Z,_) x,21 sc� fozn za r4GL C� do FO C�Al?/ rl(4-77 0 -� a%� fiz t CDMm V-/ rt (5 0)�, wooc✓J G!/C G6ut -4Po j5 ,N �LL G4166L P,&C v ,146 4 Akf '�(, p24thi7foJ p.J 77 gmo4v,✓,ry 6!,�_04AI. �ti1�Gto�l �T r,✓� -�- Q/G /�-7 f. ^n 7 r VC L- od A/0 PoY�n� G�£�,,rlavt.(f S CLvcM /tcS Tie, J - -- - - -- -- - - - -- -- - - - - -- tOL) T.JCoR4p1/w-1-- 3 52 L rs /i�F,fr)6�2- P/"Vs � n R — i CoM� cn, `, of Michael Kraemer From: Brian McNellis [brianm @basalt.net] Sent: Thursday, January 10, 2013 1:34 PM To: Michael Kraemer Cc: Gary Tennenbaum; Susan Philp Subject: FW: Grace -Shehi water rights Mike, For your information and review. Thanks, -BMc From: Tom Kinney [mailto:tk.wswr(cbgmail.com] Sent: Wednesday, January 09, 2013 5:07 PM To: Brian McNellis Subject: RE: Grace -Shehi water rights Brian: I'm not sure why the first email didn't arrive. Perhaps it's in the ether somewhere. The Town and Firkin County did not receive title ownership to the portion of the Grace & Shehi Ditch water right priorities historically used to irrigate 7.3 acres within the 'Downey' (a/k/a Grace & Shehi Meadows) parcel. When the Town and Firkin County Open Space and Trails purchased the Downey parcel, these water rights were under contract for purchase by the Basalt Water Conservancy District from Alice and Lonnie Stott or their entity owning these water right priorities. Pursuant to the Water Court's decree entered on December 3, 2012, in Case No. IOCW47, the Basalt Water Conservancy District will bypass 1.02 efs cumulative Grace & Shehi Ditch, Priority Nos. 142 & 302 water rights at the ditch headgate which, is located on the left (South) bank of the Roaring Fork River near where the Rio Grande bike path bridge crosses Hwy. 82, whenever necessary to bolster exchange potential in the Roaring Fork River upstream from the Fryingpan River confluence to allow Ruedi Reservoir augmentation water releases owned by the District or its contractees to effectively replace depletions associated mostly with domestic wells operating in unincorporated Pitkin County in the upper Roaring Fork River valley. Whenever the District does not need to bypass the 1.02 cfs to bolster exchange potential in the upper Roaring Fork River, the Town and /or its contractor can divert these water right priorities to continue irrigating the Downey parcel and keep 'pushing' the Town's other Grace & Shehi Ditch water rights associated with the Stotts Mill parcel down the ditch. Hope this helps, Tom Kinney, Esq. Western Slope Water Rights, LLC 0274 Crystal Park Drive Redstone, CO 81623 Office phone: (970) 963.3900 x.4 Home office phone: (970) 704.0392 email: tk.wswr @gmail.com 0-,ZZ This electronic message may contain information protected by the attorney - client privilege. If this message has been received erroneously or in violation of the attorney- client privilege you are hereby instructed to immediately notify the sender and destroy this message. Any information contained in this message pertaining to settlement negotiations is governed by the provision of Rule 408 of the Colorado Rules of Evidence. Nothing in this email message constitutes advice regarding taxes. From: Brian McNellis [mailto:brianm(d)basalt.net] Sent: Wednesday, January 09, 2013 4:26 PM To: tk.wswr(@gmail.com Cc: Susan Philp Subject: FW: Grace -Shehi water rights Tom —Sorry if you have already received this (see below) Best, I From: Brian McNellis Sent: Wednesday, January 09, 2013 3:10 PM To: Tom Kinney Cc: 'Gary Tennenbaum'; Susan Philp Subject: Grace -Shehi water rights Tom, The question came up recently regarding water rights associated with the Grace -Shehi (aka Downey) property. It is my understanding that when the parcel was purchased by the Town of Basalt and Pitkin County, the water rights were severed. However, an agreement with the Basalt Water Conservation District is being finalized that would allow the continued use of the water rights historically used to irrigate the property. When the agreement is finalized, these water rights (and land) could be leased to an entity that wished to use it for future agricultural production. Please verify whether my understanding is correct or not. Thanks, Brian McNellis ASLA, AICP Senior Planner Town of Basalt 970 - 927 -4701 ext. 202 brianm(a)basalt.net L PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 November 27, 2012 Gary Tennenbaum 530 East Main Street Aspen, CO 81611 Garv.tennenbaum(&,eo.pitkin.co.us Re: Pitkin County Grace -Shchi Park Location and Extent Review (PID #2467 - 183 -00 -0041; CASE # P104 -12) Dear Mr. Tennenbaum: 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. We have scheduled this application at a public hearing before the Pitkin County Planning and Zoning Commission on Tuesday, January 15, 2013 at a meeting to begin at 5:00 pm before the Pitkin County Planning and Zoning Commission, in the Plaza One Conference Room, 5830 East Main Street, Aspen, Colorado. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available for you to pick up at the Community Development Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the public hearing (and remove it within one week after). You are also required to mail notice (you may obtain a copy of the public notice from our office) to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department given above. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the code at the hearing. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at (970) 920 -5482 Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit (Code Section 2 -20 -100) I C) -p I PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: Emma Caucus Bureau of Land Management (BLM) FROM: Mike Kraemer, Community Development Department Michael.kraemerkco.pitkin.co.us RE: Pitkin County Grace -Shehi Park Location and Extent Review (PID# 2467 - 183 -00 -001; CASE# P104 -12) DATE: December 5, 2012 Attached for your review and comments are materials for an application submitted by Pitkin County Open Space. The Pitkin County Planning and Zoning Commission will review the application on January 15, 2013. Please return your comments to me by Friday, January 4, 2013. http• / /www aspenyitkin com/ Portals /0 /docs /county /Com %2ODev /Planning /Land Use Applications/ P104 12 app.ndf Thank you. D m O X N T N D r m m D n O Z 1 O r O 1 D r o m 0 m N N Er • , n A 1 O Z v m ao N m N O N 0 T d :e N F N vo fA p 0 � A C ut C) Z n X m 0 1 N O C A Z D r m Z A uun mmmon000■ iiiiinMUUaiin��u ���IIIII�UNNhl9� IIIIN�nnnlllllllll� T N D r m m D n O Z 1 O r O 1 D r o m 0 m N N Er • , n A 1 O Z v m ao N m N O N 0 T d :e N F N vo fA p 0 � A C ut C) Z n X m 0 1 N O C A Z D r m Z A