HomeMy WebLinkAboutbocc.res.059.2012 RECEPTION#: 594118, t1/20/2012 at
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RESOLUTION OF TI�BOARD OF COUNTY COMIVIISSIONERS OF PITKIN COUNTY,
COLORADO,GRANTING APPROVAL FOR THE CHARLIE MOUNTAIN LLC PARCEL A
AND PARCEL B ACTIVITY ENVELOPE,SITE PLAN,SPECIAL REVIEW FOR A TDR
RECEIVER STTE,SPECIAL REVIEW FOR A CARETAKER DWELLING LTNIT,
DESIGNATION TO THE HISTORIC REGISTER,AND SUBDIVISION EXEMPTION FOR A
LOT LINE ADJUSTMENT ,
BOCC Resolution No.(�Q-2012
' Recitals
1. Charlie Mountain LLC ("hereafter the Applicant")has applied to ttie Pitkin County Board of County
Commissioners(`BOGC")for a one step Activity Envelope, Site Plan Review, Special Review for a
TDR Receiver Site, Special Review for a Caretaker Dwelling Unit (CDU), Special Review for
Historic Designation,and Subdivision Exemption for a Lot Line Adjustment.
2. The purpose of this application is to redevelop two (2) separate,but contiguous parcels that contain
existing single family residences. The parcels' boundaries have been proposed to be adjusted to
create "Parcel A" and "Parcel B" to accommodate the proposed developments. Parcel A is
proposed to contain a 2,300 square foot free market residence, 1,000 square foot detached CDU, and
a 2,810 square foot exempt barn. Parcel B is proposed to contain an 8,190 square foot residence and
a pavilion.
3. Parcel A is located at 4100 Snowmass Creek Road. Parcel B is located at 4104 Snowmass Creek
Road. (Legal Descriptions for the new parcel boundaries are located on the BOCC approved Lot
Line Adjustment Plat Recorded at BK�� PG � at Reception No. ,S"�Y//9 ).
Parcel A-PID#: 264511100002.Parcel B-PID#: 26451 I 100001
4. The BOCC heard this application at a duly noticed public hearing on June 13'�, 2012, at which time
evidence and testimony were presented with respect to this application.
5. The BOCC fmds that the proposal demonstrates compliance with Activity Envelope and Site Plan
Review. The proposed development on Parcels A and B has been clustered into a ranch compound
and will be developed on the least visible portion of the property as viewed from Snowmass Creek
Road and Watson Divide Road.
6. The BOCC further finds that a CDU can be constructed on the property in accordance with the
Special Review criteria of the Code. BOCC further finds that the milking barn does have historical
significance but is not sufficiently significant to receive the requested incentive for additional floar
area. The Applicant has committed to designate the Milking Barn to the Historic Register even
though incentives will not be granted.
7. The BOCC further finds that Parcel B is appropriate for use of a TDR for development of up to
8,250 square feet of residential floor area.
8. The BOCC further fmds that it is appropriate, pursuant to Section 2-20-10-(e) of the Code, to require
the Applicant to record a covenant prohibiting commercial agricultural activity on both parcels A
and B because the resulting land use will be residential and not agricultural in character.
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Resolution No. d�y -2012
Page 2 of 6
NOW TAEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it hereby grants approval for the Charlie Mountain LLC Parcels A and B Activity Envelope, Site
Plan, Special Review for a TDR Receiver Site, Special Review� for a CDU, and Subdivision Exemption
for a Lot Line Adjustment subject to the following conditions, which shali run with the lands and be
binding on all successors in interest:
L The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. Prior to submission of any future permit applications, the Applicant shall be required to submit for
approval by the County Attorney and Cornmunity Development a Site Plan with an Activity
Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section
2.1.12. The Applicant shall also record a Subdivision Exemption Lot Line Adjustment Plat in
accordance with Section 2.1.13 of the Pitkin County Land Use Application Manual. The above
referenced approvals shall be a condition precedent to finalization and recordation.
3. Prior to submittal of any penmits, the Applicant shall submit for recording a covenant, acceptable to .
the Community Development Department and County Attorney, prohibiting commercial agricultural
activities on both Parcel A and B.
4. Parcel A is limited to 4,310 square feet of residential floor area. Prior to submittal of any permits
for Parcel A, the Applicant shall record a covenant acceptable to the County Attorney that
acknowledges this floor area limitation on Parcel A.
5. Parcel B is allowed to develop up to 8,250 square feet of floor area from a base of 5,750 square
feet. A TDR shall be furnished for development up to 8,250 square feet at the time of building
permit submittal. The Applicant shall make a concerted effort to attain the TDR from the
Snowmass/Capitol Caucus area. In the event that a TDR is not reasonably attainable in the
Snowmass/Capitol Caucus area due to market reasons, the Applicant shall document efforts made
to attain the TDR and submit this information at building permit submittal.
6. At building permit submittal, the Applicant shall submit a covenant acceptable to the Community
Development Director, designating the Milking Barn to the Pitkin County Historic register. This
covenant shall require the Applicant to stabilize and maintain the Milking Barn in accordance
with the Pitkin County Historic Preservation Guidelines. This covenant shall also acknowledge
the Historic Preservation Officer's review and approval prior to commencement of any work on
the structure. No incentives are associated with this designation. The Milking Barn shall not be
habitable. The stabilization,repair, and preservation of the Milking Barn shall be completed prior
to issuance of a Certificate of Occupancy for the main residence on Parcel B.
7. All structures on Parcels A and B shall utilize earth tone colars on facades and non-reflective
roofng. If inetal roofs are to be installed, the meta.l shall be made to have a patina prior to
instaltation such that the roof is not reflective.
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Resolution No.�_-2012
Page 3 of S
A. Submit an earthmoving permit that identifies all areas disturbed by construction. The
permit shall include a detailed revegetation plan that shows native vegetation in the area
and tree mitigation for 6" d.b.h. trees that are removed. AII revegetation shall occur
within one growing season of the project's completion. Financial security for successful
revegetation may be required. Best management practices shatl be used to limit erosion
and keep sedimentation on site.
B. Submit a lazge scale construction management plan for review and approval by
Planning/Zoning showing the locations of staging, material storage and employee and
construction traffic parking.
C. Pay the applicable road impact fees.
D. Pay the applicable affordable housing impact fee.
E. Submit for an access permit for the new driveway that demonstrates compliance with the
Pitkin County Asset Management Plan and Basalt and Rural Fire Protection District
requirements.
F. Submit a lighting plan in conformance with the Code.
9. Both Parcels A and B shall comply with the Art Hougland Wildfire Report as outlined in
Attachment A. In addition:
A. All structures that exceed 5,000 square feet shall install fire suppression sprinkler
systems to the satisfaction of the Basalt and Rural Fire Protection District.
B. The property shall ha�e at least 6,000 gallons of dedicated water supply for fire
. suppression on site.
C. Both parcels shall comply with all requirements of the Basalt and Rural Fire Protection
District.
10. The Applicant shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited.
C. Wood rail fencing shall employ three(3)rails or less, be the round or split rail type,
shall not exceed fifty-four(54) inches in height above ground level, and twelve (12)
inches in width (top view), and shall have at least eighteen (18) inches between the
lower two(2)rails.
D. Wire fencing must be three (3) strands or less. The top wire should be a twelve-
point-five (12.5) gauge twisted barbless type at a m�imum height of forty-two (42)
inches. The middle strands (which may be barbed) should be located a minimum
twelve (12) inches apart and from the top wire preventing entanglement when mule
deer jump over. The bottom strand should be sixteen(16)inches from the ground.
E. Tall overly mature trees and standing dead trees(snags)should be retained at the rate
of two(2)to five(5)per acre whenever possible as nesting and perching habitat.
F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This
does not include pre-existing native trees and shrubs. .
G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, �
studying, or otherwise managing witdlife. ,
H. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
'These containers shall be accessible to and use at all times by contractors on site.
I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or
window, and be at least ten (10) feet from the ground suspended between two (2)
. �
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Resolution No.Q��f -2012
Page 4 of S
trees or posts. All seed feeders shall include a seed catchment pan to catch discarded
seed.
J. Pet food shall not be left outside.
K. All outside door shall utilized solid round handled door knobs.
L. Contractors shall not bring dogs on site during construction.
11. In addition,both Parcels A and B shall comply with additional following wildlife standards:
A. Property owners' dogs or dogs of guests shall be leashed or restricted to a fenced enclosure.
Dogs shall not be allowed to chase wildlife.
B. All riparian vegetation east of the proposed development and along Snowmass Creek shall
not be disturbed and shall be maintained for screening the development from elk and deer
habitat areas across the Creek.
12. The detached CDU on Parcel A shall not exceed 1,000 net livable square feet of floor area,which
shall count toward the total allowable floor area for the lot. The kitchen contains the following,as
defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-burner
stove with oven, standard sink, and a refrigerator plus freezer. Tl�e oven must be able to bake and
broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator
must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. The floor plan for the
CDU shall be submitted to the County Housing Office for review.
13. Prior to issuance of a building permit for the CDU, the Applicant shall, by covenant, guarantee
that the caretaker unit:
a. Shall not be required to be rented;
b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of
the ultimate form of ownership of the caretaker unit;
c. Sha11 be limited to occupancy by not more than two adults and related children, who
qualify as(and have been found by tt�e Housing Office to be)employees of the community
under such guidelines as may be from time to time established, or members of the owner's
immediate family,even though they may not qualify as employees of the community;
d. Shall be rented for terms not less than 6 months if rented.
14. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County
Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with
the above-referenced requirements. '
15. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the
. Community Development Director, subject to the requirement that the dwelling is removed or
modified. If modified, the remaining improvements must no longer be capable of occupancy as a
dwelling unit and must meet otherwise applicable Code requirements.
16. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally
created lot or parcel in the County. Any unit approved under this provision of the Pitkin County
Land Use Code shall not be used for mitigation of employee housing requirements as established
elsewhere in said Code.
17. At permit submittal,the Applicant shall show proof of a legal water source for the CDU.
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Resolution No.dst -20�2
Page S of S
18. Statutory vested rights for the approval contained herein are ganted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land
Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall
expire on June�_,2015.
19. Failure to comply with the conditions of this approval may result in revocation of this approval,or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with
this property.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIl1�S on the lOb day of May,
2012.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIlVIES WEEKZY ON 7� �G - 0��/`1— .
APPROVED AND ADOPTED at the public hearing on the 13`�day of June,2012.
.�ATTEST: BOARD OF COUNTY COMIVIISSIONERS
OF PITKIN COUNTY,COLORADO
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t,lp r
Je ette Jones ichael Owsley,
D uty Clerk Chauman
Date: �''�'�O/Z
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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Jo , Cmdy Houben,
oun , omey Community Development Director
Case#P034-12
PID#'s
Parcel A:2645 1 1 1 00002
Pazcel B:264511100001
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RECEPTION#: 594122, 11/20/2012 at
03:04:23 PM,
1 OF 5, R $31.00 Doc Code COVENANTS
������(rT#��� Janice K.Vos CaudiN, Pitkin County, CO
RESTRICTIVE COVENANT
PROHIBITING COMMERCIAL AGRICULTURAL USES
This Re trictive Covenant Prohibiting Commercial Agricultural Uses (this "CovenanY') is
made as of f/..�`yl�y D , 2012 by CHARLIE MOUNTAIN, LLC, a Colorado limited
liability company(the "Owner"), for the benefit of the Board of County Commissioners of Pitkin
County, Colorado (the"BOCC").
Recitals
A. The Owner holds title to two contiguous parcels of land located at 4100 and 4104
Snowmass Creek Road, Snowmass, Colorado 81656, consisting of approximately 73.2 acres and
more fully described in Exhibit A attached hereto, having Pitkin County Assessor Parcel Nos.
264511100001 and 2645 1 1 1 00002 (together, the"Property").
B. The Owner has received certain land use and development approvals for the
Property from Pitkin County as memorialized in Resolution No.c.Y�9 -2012 of the BOCC,
including approvals for Activity Envelope, Site Plan Review, Special Review for TDR Receiver
Site, Special Review for a Caretaker Dwelling Unit, Special Review for Historic Designation,
and Subdivision Exemption for a Lot Line Adjustment.
C. As a part of its consideration of the request for development approval, the BOCC
determined that the valuation of the Property and the improvements planned for the Property will
be significantly higher relative to the value of any agricultural products produced and that it is
unlikely that the Owner will generate enough revenue from commercial agricultural activities to
sustain a viable agricultural operation. Therefore, the development approval changes the primary
and fundamental use of the land from being primarily agricultural. As a condition of
development approval, the BOCC is requiring the Owner to record a covenant prohibiting
commercial agricultural activity.
NOW, THEREFORE, the Owner declares and acknowledges that the following terms,
covenants and conditions shall apply to the Property and shall be deemed to run with the land
and be a burden and a benefit to the Owner and its successors and assigns and any person owning
or acquiring interest in the Property and the improvements thereon, their grantees, successors,
heirs, executors, administrators, devisees, or assigns:
1. The Owner hereby places a perpetual covenant on the Property prohibiting
commercial agricultural activities, meaning any activities occurring on the Property or the use of
the Property, including farming or ranching conducted for profit, which would cause the
Property to be classified as "agricultural land" as defined pursuant to Title 39, Colorado Revised
Statutes (the "Property Tax Statute"). The foregoing covenant shall not preclude or prevent any
agricultural activities from being conducted on the Property so long as: (a) the Owner does not
apply to have the Property classified as "agicultural land" under the Property Tax Statute; and
(b) the Property is not classified as "agricultural land" under the Property Tax Statute as a result
of such activities, even if the Owner does not apply for such classification.
{A0020473/4}
2. At the request of the Owner, this Covenant may be released by the BOCC if the
circumstances which originally caused this Covenant to be required were to change. These
circumstances are described in Recital C above and the factors used to determine said
circumstances are defined in Section 2-20-10(e) of the Pitkin County Land Use Code.
3. The provisions of this Covenant shall constitute covenants that run with the title
to the Property for the benefit of the BOCC. Each and every conveyance of the Property shall be
deemed to include and incorporate by this reference the covenants herein contained, even
without reference therein to this Covenant.
4. This Covenant shall be enforceable by the BOCC by any appropriate action, legal
or equitable, including but not limited to judicial relief in the form of an injunction.
5. In the event that the parties resort to litigation with respect to any or all of the
provisions of this Covenant, the prevailing party in such litigation shall be entitled to receive, in
addition to any other appropriate remedies, an award in the amount of its reasonable attorneys'
fees and legal expenses incurred in such action.
[remainder of page intentionally blank]
{A0020473/4} 2
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IN WITNESS, WHEREOF, the Owner of the Property has executed this Covenant as of
the date set forth below.
OWNER:
CHARLIE MOUNTAIN, LLC, a
Colorado limited liability com any
By: .
Na e: art ohnson
Tit e: Attorney-in-Fac Reception No. 592340)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 20th day of November,
2012, by J. Bart Johnson as Attorney-in-Fact for Charlie Mountain, LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires: ,/�— �7- 0�0/o�
TARY PUBLIC
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Accepted by the Board of County Commissioners:
BOARD OF COUNTY:COMMISSIONERS OF
PITKIN COUNTY, COLORADO
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By: _�-�-j �� . �l�i
Title: �/- 6- �
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Attest: `
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Cler o the Board \
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APPROVED AS TO FORM:
_..r� ,c,u'�l �w�ce. �t-� c�
Co unity Development Director
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John M. El
Pitkin ttorney
{A0020473/4} 4
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EXHIBIT A
L�al Description
Parcel A and Parcel B, according to the Charlie Mountain, LLC Subdivision Exemption& Lot
Line Adjustment Plat recorded in connection herewith in the Office of the Clerk&Recorder of
Pitkin County, Colorado.
COUNTY OF PITKIN
STATE OF COLORADO
{A0020473/4} A-1
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RECEPTION#: 594124, 11/20/2012 at ����A�,� .���
03:04:25 PM,
1 OF 5, R $31.00 Doc Code COVENANTS
Janice K.Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
ACKNOWLEDING LIMITATION OF FLOOR AREA
This Restrictive Covenant Acknowledging Limitation of Floor Area (this "CovenanY') is
made as of �GU�¢��� e�c� , 2012 by CHARLIE MOUNTAIN, LLC, a Colorado limited
liability company(the"Owner"), for the benefit of the Board of County Commissioners of Pitkin
County, Colorado (the`BOCC").
Recitals
A. The Owner holds title to a parcel of land located at 4100 Snowmass Creek Road,
Snowmass, Colorado 81656, consisting of approximately 36.36 acres and more fully described in
Exhibit A attached hereto, having Pitkin County Assess��r Parcel No. 2645 1 1 1 00002 ("Parcel
A").
B. The Owner has received certain land use and development approvals for the
Parcel A (and an adjoining parcel) from Pitkin County as memorialized in Resolution No.45�-
2012 of the BOCC, including approvals for Activity Envelope, Site Plan Review, Special
Review for TDR Receiver Site, Special Review for a Caretaker Dwelling Unit, Special Review
for Historic Designation, and Subdivision Exemption for a Lot Line Adjustment.
C. As a part of its consideration of the request: for development approval, the BOCC
has required that the residential floor area on Parcel A be limited to 4,310 square feet. Therefore,
the development approval for Parcel A reduces the amount of residential floor area typically
allowed under the Pitkin County Land Use Code, and as a condition of development approval,
the Owner is required to record this Covenant acknowledging the floor area limitation.
NOW, THEREFORE, the Owner declares and acknowledges that the following terms,
covenants and conditions shall apply to Parcel A and shall be deemed to run with the land and be
a burden and a benefit to the Owner and its successors and assigns and any person owning or
acquiring interest in Parcel A and the improvements thereon, their grantees, successors, heirs,
executors, administrators, devisees, or assigns:
1. The Owner hereby acknowledges and covenants that the amount of residential
floor area that may be developed on Parcel A is limited to 4,310 square feet. The term "floor
area" as used in this Covenant has the meaning given for it in the Pitkin County Land Use Code.
The term residential floor area as used in this Covenant does not apply to agricultural structures
such as barns to the extent they are exempt from the floor area limitations contained in the Pitkin
County Land Use Code.
2. The provisions of this Covenant shall constitute covenants that run with the title
to Parcel A for the benefit of the BOCC. Each and every conveyance of Parcel A shall be
deemed to include and incorporate by this reference the covenants herein contained, even
without reference therein to this Covenant.
{A00204'76/3}
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3. This Covenant shall be enforceable by the BOCC by any appropriate action, legal
or equitable, including but not limited to judicial relief in the form of an injunction.
4. In the event that the parties resort to litigation with respect to any or all of the
provisions of this Covenant, the prevailing party in such litigation shall be entitled to receive, in
addition to any other appropriate remedies, an award in the amount of its reasonable attorneys'
fees and legal expenses incurred in such action.
[remainder of page intentionally blank; signature page follows]
{A0020476/3} 2
IN WITNESS WHEREOF, the Owner has executed this Covenant as of the date set forth
below.
OWNER:
CHARLIE MOUNTAIN, LLC, a
Colorado limited liability comp
By:
Na art J son
Titl • At ey-in-Fact eception No. 592340)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN ) `I��L�
a �
The foregoing instrument was acknowledged before me this 9�day of September, 2012,
by J. Bart Johnson as Attorney-in-Fact for Charlie Mountain, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
p ��� expires: ( �t��� � �j { ��,
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S�.q���ti�� NOTARY PUBLI
{A0020476/3} 3
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Accepted by the Board of County Commissioners:
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By: �G�� � �
Title: r /— o��—
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k to the Board/ Ce f��e�+�e- ��
APPROVED AS TO FORM:
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Com unity Development Director
C�:,.�j }�1:�,..,.��..,,
John M. E , sq.
Pitki ou ttorney
{A0020476/3} 4
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EXHIBIT A
Legal Description of Parcel A
Parcel A, according to the Charlie Mountain, LLC Subdivision Exemption& Lot Line
Adjustment Plat recorded in connection herewith in the Office of the Clerk&Recorder of Pitkin
County, Colorado.
COUNTY OF PITKIN
STATE OF COLORADO
{A0020476/3} A-1
�, ��.�. �. _
RECEPTION#: 594123, 11/20/2012 at
03:04:24 PM,
1 OF 7, R $41.OQ Doc Code COVENANTS '' �,,,/
Janice K.Vos Caudill, Pitkin County, co �N-�ACT#�����
COVENANT AGREEMENT
FOR THE PRESERVATION OF HISTORIC RESOURCES
THIS COVENANT AGREEMENT FOR THE PRESERVATION OF HISTORIC
RESOURCES (this "Covenant Agreement") is made as of���/,P,y�r(�ey �0 , 2012, by Charlie
Mountain, LLC, a Colorado limited liability company ("Declarant"), for the benefit of the Board
of County Commissioners of Pitkin County, Colorado (the"County").
RECITALS
A. Declarant holds title to a parcel of land located at 4104 Snowmass Creek Road,
Snowmass, Colorado 81656, consisting of approximately 36.84 acres and more fully described in
Exhibit A attached hereto, having Pitkin County Assessor Parcel No. 264511100001 ( "Parcel
B"). Parcel B is contiguous to another parcel of Property also owned by Owner located at 4100
Snowmass Creek Road, Snowmass, Colorado 81656 and having Pitkin County Assessor Parcel
No. 2645 1 1 1 00002 ("Parcel A").
B. One historic milking barn structure originally constructed by William H. Stiger
(the "Historic Structure") is located on Parcel B. The location of the Historic Structure is shown
on the Charlie Mountain LLC Activity Envelope & Site Plan that is being recorded in
conjunction with this Covenant Agreement.
C. Declarant has received certain land use arid development approvals for Parcel B
(and an adjoining parcel) from the County as memorialized in Resolution No.D�-2012 of the
Board of County Commissioners of Pitkin County, Colorado, including approvals for Activity
Envelope, Site Plan Review, Special Review for TDR Receiver Site, Special Review for a
Caretaker Dwelling Unit, Special Review for Historic Designation, and Subdivision Exemption
for a Lot Line Adjustment (the "Resolution"). As required by the Resolution, Declarant desires
to designate the Historic Structure to the Pitkin County Historic Register and covenant to certain
obligations in connection therewith.
NOW, THEREFORE, Declarant declares and acknowledges that the following terms,
covenants and conditions shall apply to Parcel B and shall be deemed to run with the land and be
a burden and a benefit to Declarant and its successors and assigns and any person owning or
acquiring interest in Parcel B and the improvements thereon, their grantees, successors, heirs,
executors, administrators, devisees, or assigns:
1. Stabilization and Maintenance. Declarant hereby designates the Historic
Structure to the Pitkin County Historic Register. Declarant shall stabilize and maintain the
Historic Structure in accordance with the August 27, 2008, Pitkin County Preservation
Handbook for Historic Properties ("Handbook") and the U.S. Secretary of the Interior's
Standards for the Treatment of Historic Properties, as amended from time to time and interpreted
by the Pitkin County Historic Preservation Officer (the "Federal Standards"). It is understood
that the intent is to stabilize and maintain the Historic Structure, not to rehabilitate or fully
restore it to its condition as a milking barn. Declarant, at its sole cost, shall be responsible for the
continued maintenance and administration of the Historic Structure in a manner that complies
{A0020499/5}
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with the Handbook and the Federal Standards so as to maintain the architectural, historical,
archaeological, cultural, and/or engineering integrity of its features, materials, appearance, and
workmanship in order to protect and enhance those significant characteristics that qualify it for
historic designation treatment. Declarant acknowledges that it is not receiving any Pitkin County
Land Use Code historic benefits or incentives as a result of the historic designation of the
Historic Structure. The stabilization of the Historic Structure shall be completed prior to
issuance of the first certificate of occupancy for structures built on Parcel B. Maintenance shall
continue thereafter in accordance with the terms of this Covenant Agreement. The scope of
work for the stabilization of the Historic Structure shall be submitted to and approved by the
Pitkin County Historic Preservation Officer in accordance with the Handbook.
2. Additions and Occupancv. There will be no additions to the Historic Structure
and it shall not be used or occupied for residential dwelling purposes.
3. Landscapin�. The existing native, natural vegetation allows the Historic Structure
to be easily viewed from Snowmass Creek Road. No trees, vegetation or landscaping shall be
installed which blocks the view of the Historic Structure from Snowmass Creek Road.
4. Stabilization Documentation. Declarant shall document the stabilization of the
Historic Structure with photographs before and after completion of the stabilization work.
Declarant has documented the history and existing condition of the Historic Structure with
photographs and a written narrative of the William H. Stiger Ranch Application for Historic
Designation dated April 2012. A copy of this documentation has been given to the Pitkin
County Community Development Department and a copy will be given to the Aspen Historical
Society and the Basalt Regional Heritage Society.
5. Exclusion. Declarant agrees that the County in no way assumes any obligation
whatsoever for restoring, maintaining, repairing, or administering the Historic Structure.
However, the County shall be entitled to enforce this Covenant Agreement as provided herein.
6. Inspection and Compliance. Declarant agrees that the County shall have the right
to request inspection of the Historic Structure to assure compliance with this Covenant
Agreement, which request Declarant shall not unreasonably deny. At least five (5) days' prior
written notice of any requested inspection of the Historic Structure by the County shall be given
pursuant to Section 12 of this Covenant Agreement. The purpose of such inspection shall be to
ascertain whether the terms of this Covenant Agreement have been and are being met and to
verify compliance with the terms of this Covenant Agreement. Declarant or its representative
shall have the right to be present at any inspection conducted by the County pursuant to this
Section.
7. Alterations. Declarant agrees that the Historic Structure shall be maintained in
accordance with this Covenant Agreement, and no significant alterations that were not
contemplated in the Resolution shall be made to the exterior or location of the Historic Structure
without the approval of the Pitkin County Historic Preservation Officer. Declarant agrees that
any alterations to the Historic Structure shall in accordance with the Handbook and the Federal
Standards. Declarant further agrees that all approved alterations to the Historic Structure shall be
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in the spirit of contributing to the public purpose of' protecting the Historic Structure in
conformance with the Handbook.
8. Standards for Review. Review and approval of any proposed construction,
alteration, rehabilitation or relocation of the Historic Structure shall be evaluated by the Pitkin
County Historic Preservation Officer in accordance with the Handbook.
9. Continuation After Casualtv. In the event that any component part or parts of the
Historic Structure are destroyed or substantially damaged through no willful action or negligence
of the Declarant, and only if it is jointly determined by Declarant and the County that the
affected Historic Structure is to be preserved and not removed, all obligations contained in this
Covenant Agreement shall continue unabated. In the event that the Historic Structure or any part
thereof is damaged or destroyed through the willful action or negligence of Declarant, the
County may initiate such administrative or judicial actions as it deems to be legally available and
appropriate.
10. Reserved Rights of Declarant. Declarant shall have all rights to utilize the
Historic Structure in any manner not specifically limited or restricted by this Covenant
Agreement and that is not materially detrimental to the purposes of this Covenant Agreement.
11. Floor Area Exemption. The County acknowledges that the floor area of the
Historic Structure is exempt from the GMQS/floor area limitations contained in the Pitkin
County Land Use Code because the Historic Structure is a barn as defined in the Pitkin County
Land Use Code and also because the Historic Structure is a designated historic structure pursuant
to the Pitkin County Land Use Code.
12. Notices. Any notice, consent or approval which is required to be given hereunder
shall be given by certified mail, return receipt requested, properly addressed and with postage
fully prepaid. All such notices shall be effective seven (7) days following the date the notice was
deposited in the U.S. Mail or faxed. Any such notice to Declarant shall be sent to Declarant's
address on file with the Pitkin County Assessor's office. Any such notice to the County shall be
sent to the attention of the Community Development Director.
13. Real Covenants. The provisions of this Covenant Agreement shall constitute
covenants that run with the title to Parcel B for the benefit of the County and shall be binding on
Declarant and its successors, transferees and assigns in perpetuity unless terminated by written
agreement of Declarant and the County. Each and every conveyance of the Parcel B shall be
deemed to include and incorporate by this reference the covenants herein contained, even
without reference therein to this Covenant Agreement.
14. Enforcement. This Covenant Agreement shall be enforceable in the courts of the
State of Colorado. In the event an action to enforce this Covenant Agreement is brought, the
party or parties which substantially prevail in any such enforcement action shall be entitled to
recover from the non-prevailing party(ies) the full cost of such action (including reasonable
attorneys' fees and costs). The County may enforce the terms of this Agreement through actions
for damages or injunctive relief for both. If Declarant fails to maintain the Historic Structure in
accordance with the terms of this Covenant Agreement, then following written notice of such
failure to Declarant and Declarant's failure to cure such matter within a reasonable time, the
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County shall have the right to fix and repair the Historic Structure consistent with the standards
of this Covenant Agreement and collect the costs from the Declarant for such repairs. Failure of
the County to exercise any right or remedy granted under this Covenant Agreement shall not be a
waiver of any breach of this Covenant Agreement or its rights or remedies to enforce this
Covenant Agreement; provided, however, after notice of a violation pursuant to Section 1212, if
the County fails to enforce a provision of this Covenant Agreement for five years it waives its
right to do so.
15. Severabilitv. Whenever possible, each provision of this Covenant Agreement
shall be interpreted in such a manner as to be valid under applicable law; but if any provision of
this Covenant Agreement shall be invalid or prohibited under said applicable law, such provision
shall be ineffective to the extent of such invalidity or prohibition without invaliding the
remaining provisions of this Covenant Agreement.
16. Choice of Law. This Covenant Agreement and each and every related document
are to be governed and construed in accordance with the laws of the State of Colorado.
17. Section Headings. Paragraph or section headings within this Covenant
Agreement are inserted solely for convenience of reference, and are not intended to, and shall not
govern, limit or aid in the construction of any terms or provisions contained herein.
18. Waiver. No claim of waiver, consent or acquiescence with respect to any
provision of this Covenant Agreement shall be valid against any party hereto except on the basis
of a written instrument executed by the parties to this Covenant Agreement and except as
specifically provided herein. However, the party for whose benefit a condition is inserted herein
shall have the unilateral right to waive such condition.
19. Further Actions. The parties to this Covenant Agreement agree to execute such
further documents and take such further actions as may be reasonably required to carry out the
provisions and intent of this Covenant Agreement.
20. Amendment. The parties to this Covenant Agreement agree that any
modifications of this Covenant Agreement shall be effective only when made by writings signed
by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado.
[remainder of page intentionally blank]
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IN WITNESS WHEREOF, Declarant has executed this Covenant Agreement as of the
date set forth below.
Declarant:
CHARLIE MOUNTAIN, LLC, a
Colorado limited liability com an
By: ,
Nam . a ohnson
Title. t orney-in-Fact( eption No. 592340)
STATE OF COLORADO )
) ss.
COLTNTY OF PITKIN ) �I���c
The foregoing instrument was acknowledged before me this day of September, 2012,
by J. Bart Johnson as Attorney-in-Fact for Charlie Mountain, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
� ission expires: (.(' ,D� � ll �� lD
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�: •••.
'�pTAR Y
....sF-' '
,-,__
s••. PUBL\G:''� NOTARY PUBLIC
.��OFCO�'�
`"r^r,.
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Accepted and agreed to by the Board of County Commissioners:
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By. '��� / •t� \. ����.
Title: - /
,
tte t:
C e k to the Boa �y���{� �t�
APPROVED AS TO FORM:
�' � 1�
Co unity Development Director
c ;�� 1-1,���.�,�,..,
�
John M. El q.
Pitki ount torney
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Exhibit A
Legal Description of Parcel B
Parcel B, according to the Charlie Mountain, LLC Subdivision Exemption& Lot Line
Adjustment Plat recorded in connection herewith in the Office of the Clerk&Recorder of Pitkin
County, Colorado.
COUNTY OF PITKIN
STATE OF COLORADO
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