HomeMy WebLinkAboutbocc.con.110.2013 RECEPTION#: 596071, 01/10/2013 at
04:09:59 PM,
1 OF 9, R $51.00 Doc Code COVENANTS
,lanice K. Vos Caudill, Pitkin County, CO
THIRD AMENDMENT TO
�t�NTRACT#//���0�3
_..........
PROTECTIVE COVENANTS FOR
RED BUTTE RANCH SUBDIVISION/PUD
WHEREAS, RBR12, LLC, RBR 34 LLC (formerly known as RBR345 LLC), RBR 5 LLC, all
Colorado Limited Liability Companies, and the Red Butte Ranch Homeowners Association,Inc.,
a Colorado not for profit corporation, of the County of Pitkin, State of Colorado (collectively
"Red Butte")are the owners of all lands described on the Second Amended Plat map for the
Red Butte Ranch Subdivision/PUD,which plat has been fi ed for record i the real property
records of Pitkin County, Colorado, on the /(� day of�rr✓�T ��in Plat
Book�at Pages 5� (heremafter referred to as " Amended Plat") and hereby
amend the Protective Covenants for Red Butte Ranch Subdivision/PUD,which were filed for
record in the real property records of Pitkin County, Colorado, on the 28th day of December,
2000, at Reception No. 450023, (the "Declaration"), as amended by the First Amendment
thereto,recorded on the 21 st day of January, 2005, at Reception No.506246 of the real property
records of Pitkin County, Colorado (the "First Amendment") and as amended by the Second
Amendment thereto recorded April 14, 2005 as Reception No. 508968, of the real property
records of Pitkin County, Colorado (the "Second Amendment") . Collectively,the Declaration,
the First and Second Amendments and this Third Amendment shall be referred to collectively
herein as the "Protective Covenants").
WHEREAS, Red Butte obtained approval from the Board of County Commissioners of Pitkin
County for recording a final plat of the Red Butte Ranch Subdivision Exemption Major Plat
Amendment, which was approved pursuant to Resolution No. 080-2009, (the"Resolution") of
the Board of County Commissioners of Pitkin County, Colorado ("BOCC")recorded at
Reception No. 564648, on November 19, 2009,to relocate Lots 3, 4 and 5 of the Red Butte
Ranch Subdivision/PUD (which lots were previously shown on the plat map of the Red Butte
Ranch Subdivision/PUD,recorded December 28, 2000 in Plat Book 55 at Page 42 as Reception
No. 450021 (the"Original Plat")to a portion of the ranch that was previously within the Open
Space Parcel, to designate activity envelopes on the new lots, and to establish a new driveway to
the lots off of McLain Flats Road(hereinafter "Subdivision"); and
WHEREAS,the Resolution and the land use approvals contained therein and reflected on the
Amended Plat require certain amendments be made to the Protective Covenants as provided for
herein.
NOW, THEREFORE, Red Butte does hereby declare and acknowledge the
following Amendments to the Protective Covenants:
1. Red Butte Ranch Homeowners Association. The following are amendments to Articles III,V
and VI of the Declaration concerning the Red Butte Ranch Homeowners Association:
1
A. Article III of the Declaration is amended by the addition of the following paragraph
at the end thereof:
So long as all the Lots and the Open Space Parcel are owned by individuals or entities
that have any members in common or axe otherwise affiliated with each other, the owners
of said lots and parcel may elect,by unanimous vote of the owners of the Lots and the
owner of the Open Space Parcel,to dissolve or otherwise suspend the Association. Upon
such event,title to the Open Space parcel may be conveyed to an individual or entity
selected by said owners and during its period of oumership, said owner shall be
responsible, at its sole cost and expense, for maintaining the Open Space Parcel and
administering its use as provided for in the Protective Covenants. At such time as the first
Lot is sold to an individual or entity which does not have members in common or is not
otherwise affiliated with the owners of the other Lots and the Open Space Parcel, the
owners of all the Lots shall cause the Association to be reinstated or incorporated, as the
case may be, and thereupon: (i) all provisions of the Declaration pertaining to the
Association shall be given effect; and(ii)the Open Space Parcel shall be conveyed to the
Association by Bargain and Sale deed for the use and benefit of said Lot owners and their
respective families, guests, invitees and tenants, if it is not at such time owned by the
Association.
B. Article V,paragraph 1 of the Declaration is hereby amended by the addition of the
following sentence at the end thereof:
The provisions of this Article V shall not be given effect during any period when the
Association is not the owner of the Open Space Parcel,provided, however, that all
development shall be consistent with the Architectural Guidelines attached as Exhibit A
to the Declarations.
C. Article VI,paragraph 3(d) of the Declaration is hereby deleted.
2. Amendments to Article VI of the Declaration: Development Limitations on Certain Lots.
A. Development to be Consistent with Count�pprovals. The Declaration is amended by
the deletion of the first paragraph of paragraph 1 of Article VI and its replacement with the
following:
Owners of lands within the Subdivision shall adhere to the requirements and restrictions
set forth in, and enjoy the benefits of, Resolution Nos. 96-69, 96-73, 97-198, 99-188,
208-2000 and 080-2009 and in Administrative Decisions No. 04-2005 and No. 15-2005,
of the Pitkin County Board of County Commissioners, as recorded at Reception Nos.
419095, 391911, 411304, 438008, 449103, 564648, 506245 and SQ7295, respectively, in
the Office of the Clerk and Recorder of Pitkin County, Colorado. Except for terms and
conditions expressly stated herein, in the event of any conflicts between said Resolutions,
the Administrative Decisions and these Covenants,the terms and provisions of the
Resolutions and the Administrative Decisions shall govern and control. In the event of
any conflicts among the terms of said Resolutions and Administrative Decisions,the
2
latest Resolution or Administrative Decision, shall govern and control. Owners of lands
within the Subdivision shall also comply with the terms and conditions of the Red Butte
Ranch Subdivision Exemption For A Major Plat Amendment Subdivision Improvements,
Development Agreement And Vested Property Rights Agreement(the "SIA"), filed for
re ord in the real property records of Pitkin County, Colorado, on the�day of
v���.r , 2�7, as Reception Number .Ty�6'7 2 . In the event of any
conflict between 4�'i�terms of the Protective Covenants and the SIA,the SIA shall be
given paramount effect.
B. Paragraph 2(a) of Article VI of the Declaration is amended as follows: The reference
to Lots 3,4 and S is deleted.
C. A new paragraph 2(a)(i) is hereby added to the Declaration as follows:
On each of Lots 3, 4 and 5, development shall be limited to one(1) free market single
family residence and such accessory uses and structures as may be permitted from time to
time in the AFR-10, Agricultural and Forestry Zone District or any successor zone
district.
D. Paragraph 2(b) of Article VI of the Declaration is amended as follows: The second
sentence thereof is deleted and replaced with the following:
Additional bedrooms may be approved by Pitkin County subject to mitigation by the Lot
owner(in the form of more on-site affordable housing bedrooms or cash-in-lieu for Lot 2
and in the form of cash-in-lieu for Lots 3,4 and 5) of any incremental affordable housing
requirement associated with the additional approved bedroom(s).
E. Paragraph 2(c) of Article VI of the Declaration is amended as follows: The second
sentence thereof is hereby modified and amended so that it shall only apply to Lot 2.
F. Paragraph 2(d) of Article VI of the Declaration is amended as follows: The first and
second sentence thereof is hereby modified and amended so that it shall only apply to Lot 2.
G. A new paragraph 2(d)(i) is hereby added to Article VI of the Declaration as follows:
Floor Area. (a) Residential: The maximum ailowable floor area on Lots 3, 4 and 5 shall
be 5,750 square feet each, as calculated based on the Code in effect at the time of
building permit application. The Applicant may use TDRs to build up to 3,000 square
feet of below grade space in addition to the 5,750 square feet of allowable floor area on
each lot, as calculated based on the Code in effect at the time of building permit
application.
(b) Barn and Agricultural Building Square Footage:New agricultural buildings or
additions to existing agricultural buildings within the designated Agricultural Building
Envelopes on the Open Space Parcel shall be exempt from growth management up to a
maximum of 7,200 square feet . Prior to issuance of a building permit for new
3
agricultural structures or an addition to an existing structure within the designated
envelope on the Open Space Parcel,the applicant for such permit shall submit a covenant
to the Community Development Department for approval and recordation. The covenant
shall specify that the exempt square footage may only be used to shelter or enclose
livestock, horses,poultry, feed or field equipment, or to grow trees, shrubs, flowers or
vegetative plants. The covenant shall allow the County to inspect the barn at any time for
compliance with the specified use limitations, subject to the provision of reasonable
notice to the property owner. New buildings or additions to existing buildings within the
Open Space Parcel shall be constructed only within the approved Agricultural Building
Envelopes shown on the Amended Plat or as may be otherwise approved by the County
in the future.
H. Article VI,paragraph 2(e) of the Declaration is amended by the deletion of the first
sentence thereof.
I. A new paragraph 2(�(viii) is hereby added to Article VI of the Declaration as follows:
Activities and development associated with continued agricultural or ranching uses or
activities, for required wildfire or wildlife mitigation, access easements shown on the
Amended Plat or as necessary to comply with the requirements of the SIA or the
Resolution.
J. A new paragraph 2(fl(ix} is hereby added to Article VI of the Declaration as follows:
Landscaping with grasses,plants and trees of Owner's selection,provided the same is
allowed by the SIA and approved in a Site Plan review process, is permitted in the cross-
hatched areas shown on Sheet 3 of the Amended Plat and labeled"Landscape Envelope."
Crop production, grazing and agricultural activities consistent with those undertaken on
the Open Space Parcel shall be undertaken and maintained in the cross-hatched areas
shown on Sheets 3 and 6 of the Amended Plat labeled"Irrigated Lands Envelope within
Lots 3, 4 and 5."
K. Article VI,paragraph 3 (b) of the Declaration is amended as follows: The last line of
text of paragraph 3(b) is deleted and replaced with the following words: "...Parcel that
are delineated on Sheet 6 of the Amended Plat as "Irrigated Pasture Lands."
L. Article VI,paragraph 32 of the Declaration is amended as follows: The words:
"...access road dedicated on the Final Plat..." are deleted and replaced with the words:
"...access roads dedicated on the Amended Plat..."
M. Affordable Housin�. Article VI, Paragraph 4 of the Declarations is amended as
follows:
(1). Article VI, paragraphs 4(a)through and including(d) and 4(�of the Declaration
shall not apply to Lots 3, 4 and 5 as shown on the Amended Plat.
(2). A new paragraph is hereby added to the Declaration as Article VI,paragraph 4(g)
as follows:
4
Prior to or at the time of issuance of a building permit for construction of a single family
residence for each of Lots 3, 4 and 5,the applicant far the particular building permit shall
pay the cash-in-lieu fee applicable to the proposed development based on the Housing
Guidelines in effect at the time of building permit issuance.
N. Common Access Roads and Drivewavs. Article VI, Paragraph 6 of the Declaration is
amended as follows:
(1). The first sentence of Paragraph 6(a) is amended by deletion of all references to
Lots 3,4 and 5.
(2). The second sentence of Paragraph 6(a) is deleted and replaced with the following:
The maintenance,repair, snowplowing and further improvement of said common access
road serving Lots 1, 2 and the Open Space Parcel shall be the responsibility of the owners
of Lots 1, 2 and the Open Space Parcel who shall share all costs and expenses thereto
equally.
(3). A new paragraph(a) (1) is hereby added to paragraph 6 of Article VI as follows:
(a)(1). Access Drivewa�from Mclain Flats Road. A new access road serving Lots 3,4
and 5 from McLain Flats Road is shown on Sheet 3 of the Amended Plat and labelled
"30' Wide Private Access and Underground Utility Easement" (the"New Access
Road"). Prior to submission of the first building permit for a single family residence on
one of Lots 3, 4 or 5, a County access/driveway permit shall be applied for and shall be
reviewed and approved by the Pitkin County Planning Engineer and the Fire Marshall.
The maintenance, repair, snowplowing and further improvement of the New Access Road
shall be the responsibility of the owners of Lots 3, 4 and 5 who shall share all costs and
expenses thereto equally among them;provided however, that any lot that has not
commenced construction activities shall not be obligated for any of the costs and
expenses related to the New Access Road until such time as construction activities on
said lot have commenced. As used herein, "construction activities" shall include any
work related to the development of the lot for residential purposes, including, without
limitation, utility or driveway infrastructure, grading, or the construction of structures.
O. Household Pets; Other Animals. Paragraph 14 of Article VI of the Declaration is
amended as follows:
(1). The first sentence thereof is amended by the deletion of all references to Lots 3, 4
and 5.
(2). A new second sentence is added as follows: Cats and household pets shall be
permitted on Lots 3, 4 and 5,provided however,dogs (including without limitation dogs
brought by construction workers during on-site construction) shall not be allowed on Lots
3,4or5.
5
3. Amendments to Article VIII - Amendment or Termination of Covenants. The last sentence of
Paragraph 3 of Article VIII of the Declaration is hereby amended by adding Resolution numbers
208-2000 and 080-2009 to its provisions.
4. Correction to First Amendment. The provisions of the first sentence of Article VI,paragraph 2,as
set forth in the First Amendment and subsequently amended in the Second Amendment to refer to
said paragraph as A,rticle VI,paragraph 1(a)are hereby amended by deleting the words
"Administrative Decision No. -2004"and replacing them with the words: Administrative
Decision No. 04-2005,recorded at Reception No. 506245."
5. No Other Changes. Except as specifically modified by the terms and conditions of this
Amendment,the terms and conditions of the Declaration,the First Amendment and the Second
Amendment sha11 be unchanged and sha11 remain in full force and effect. To the extent this Third
Amendment has modified the terms and conditions of the Declaration and the First and Second
Amendment, such modifications to said terms and conditions shall supersede in all respects those
specific provisions of the Protective Covenants.
IN WITNESS WHEREOF,the owners of a11 the lands within the Red Butte Subdivision/PUD have
executed this instrument on the dates set forth below.
SIGNATURES ON NEXT PAGES
6
SIGNATURE PAGES TO THIRD AMENDMENT TO PROTECTIVE COVENANTS
The Red Butte Ranch Ho owners Association, Inc.
By: ����1
Robert J. Hurst, President
RBR12, LLC
By: Red Butte Partners,LLC, its Sole Member
�rtrl��L_ �. �t.�.n_.�
By: Soledad DeLeon Hurst, Manager
RBR34, LLC
By RJH Investment Pa ers, L.P, its sole member:
,
By: � �
Robert J. Hurst, Trustee, Robert J. Hurst Revocable Trust, General Partner of RJH Investment
Partners,L.P.
RBRS, LLC
By: Red Butte Partners, LLC, its Sole Member
��� A. f���
By: Soledad DeLeon Hurst, Manager
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this a�'I`h day of
/�Uc„u.St , 2012, by RBR 12, LLC by Red Butte Partners, LLC, its Sole Member
by Sole ad DeLeon Hurst, Manager.
WITNESS '
[SEAL] LORI MOSCHET �,�'
NOTAftY PUBLIC Notar Public
STATE OF COLORADO y a o ��.
MyComn�ts�ionE�cprsato►2�tots Mycommissionexpires: lv a4
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this�_day of
��S-t- , 2012,by RBR34, LLC,by RJH Investment Partners, L.P, its sole member,
7
by Robert J. Hurst, Trustee, Robert J. Hurst Revocable Trust, General Partner of RJH Investment
Partners, L.P.
WITNESS my
[SEAL] LORI MOSCHET ���,4
NOTARY PUBLIC Notary Public
STATE OF COLORADO My commission expires: /0 dq G��J 1 S _
My conxn�.ion Expkea�a29/2o�s
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this � day of
� t , 2012, by RBRS, LLC by Red Butte Partners, LLC, its Sole Member
by Soled�eon Hurst, Manager.
WITNESS
[SEAL] NOTARY PUBLIC �1 Y�4� ��Q-�
STATE OF COLOftADO Notary Public
�rcann�ssion Exdrea�ot2�2��� My commission expires: 10 a� aC� l S
STATE OF CULORADO
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this a'�'f-t� day of
f , 2012, by Red Butte Ranch Homeowners Association, Inc. by Robert J.
Hurst, P sident.
WITNESS my hand and official seal.
[SEAL] �,� �� ,���
Notary Public
LORI MOSCHET My commission expires: �� a� a o �s
NOTARY PUBLIC
STATE OF COLORADO
�M��Expkea 10/29I�015
8
BOCC SIGNATURE PAGE TO THIRD AMENDMENT TO PROTECTIVE COVENANTS
THE BOARD OF COUNTY COMMISSIONERS
OF P TKIN COUNTY C'QLORADO
. �
By �
Chairperson ��1:l��o�`�
.., APPROVED AS TO FORI�_
_. _ _ --�
ATTE T By
Attorney
B o Clerk �� �'�`�� DR�sco
.
/�/���� �.;'��-r��� ':<
:
STA E OF Colorado ) s '�'4"0� '
:
) ss.
'• E'11BL1� :
COLJNTY OF Pitkin ) �9•'• ''Q3'�o
�OF�0�-O �'"
�" ����.
Subscribed and sworn to before me this '� day of ►'✓�{Y, 20��b�y'�"'����
rh�C���Z nn D��as Chairperson of the Pitkin County Board of County
Commissioners.
Witness my hand and official seaL
My commission expires: — ��
. '
No ary Public
STATE OF Colorado )
) ss. �E p��S
COUNTY OF Pitkin ) �,l►�•••""•••;C'�
� �zr p�pTAR Y ;<
Subscribed and sworn to before me this f�day of��� 20��;by s -a-o-*' :
t� ��G :
�iA-�J�-rrF�'���--. �•. .o0
Witness my hand and official seal. q'••...�,..••�.
My commission expires: — � -1 � �o�C0�����°
.
"'�,�
Notary Public
9
. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY,
COLORADO APPROVING THE RED BUTTE RANCH SUBDIVISION EXEMPTION FOR A
MAJOR PLAT AMENDMEl`�TT,DESIGNATING �iCTIVITY ENVELOPES,AND GRANTING
AN EXTENSION OF VESTEU REAL PROPERTY RIGHTS
Kesolution No.6��-2009
RECITALS
1. RBR 345 LLC,RBR 5 LLC,and the Red Butte Ranch Homeowners Association("Applicant"}have
applied to the Board of County Commissioners of Piticin County,Colorado("BOCC"}to relocate Lots 3,
4 and 5 of the Red Butte Ranch to a portion of the ranch that is presently within the agriculturat Open
Space Parcel,to designate activity envelopes on the new lots,and to establish a new driveway to the Eots
of�of McLain Flats Road. The amendments include the following:
A. The new lots are proposed to be smaller in size than the approved lots.
B. The currently recorded lots fines would be abandoned. The area within existing Lots 3,4 and 5
wou{d be added to the Open Space Parcel,except for a small portion of Lot 3 which wi(l be added to
Lot 2 by way of a separate lot line adjustment.
C. The alignment for the future extension of the internal ranch road(Jalanda Lane)will be abandoned.
D. The irrigated lands impacted by proposed Lots 3,4 and 5(S.13 acres)would be replaced by irrigating
land that has not been historically irrigated.
E. Approximately 17 acres of degraded sagebrush shrublands will be restored pursuant to a wildlife
restoration plan.
F. Approximately 57.56 acres of the rancft will be placed within a conservation easement.
G. Two parcels will be conveyed to the County: approximately ]2.61 acres that encompasses the Gold
Butte climbing area and land above the Rio Grande TraiE, including the land on which the Sunnyside
Trail Extension is located and an area where additiona!parking could be provided;and
approximatety 0.8b acres that encompasses the ice climbing area adjacent to the Rio Grande Trail.
H. The homeowners association would be eliminated.
I. 20 year extension of vested rights for the subdivision.
2. The property is located on McLain Flats Road,and is described as Lots 3,4 and 5,and the Open Space
Parcel,Red Butte Ranch Subdivision/PUD.
3. The property is zoned AR-10. Lot 3 contains 6.1 acres;Lot 4 contains 5.1 acres; L,ot 5 contains 5.1
acres;and the Open Space Parcel contains 97.8 acres.
4. The BOCC approved the subdivisio�i of the Red Butte Ranch, pursuant to Resolution Nos. 96-73 and
97-198;the subdivision created 5 residential iots and a common open space parcel_ The BOGC also
granted residential growth management allotments for 4 new lats on the ranch, in addition to the one
existing residential unit, pursuant to BOCC Resolution No.46-69. Each residence has the right to
develop up to 8,500 square feet of floor area. T'he BOCC granted approval to utilize two TDRs on
each residential lot to accommodate up to 4,QOU square feet of subgrade space, pursuant to Resolution
No. 208-2000. The BO('C granted extended vested rights, which expire on October 22,2010
([Zesolution No.99-188). The Community Development Director has approved severat minor
amendments, pursuant to Administrative Decision Nos: 04-2005, 15-2005 and 10-2Q07.
5. The Planning artd "Loning Commission reviewed the appiication at regular meetings on June 3,2008 and
February 3,2009,and recommended approval by a vote of 3-2.
R�CEPTION#: 564648, i�f/19/2409 at
12:29:4$PM,
1 oF 7, R $0,00 Doc Code RE50LUTION
� Janice K. Vos Caudill, Pitkin County, Cp
6_ The BOCC considered this application at public meetings and hearings on March 25,Apri122,
September 9 and September 23,2009,at which times evidence and testimony was presented with respect
to the application.
7_ The BOCC finds that the originally approved lot layout is inappropriate due to visual impacts and that
the proposed lots would have less visuai impact.
8. The BOCC further iinds that the impacts of the proposed residences on the directly adjacent fie{d
verified severe winter range can be mitigated,that the proposed activity envelopes otherwise avoid
constrained areas,and that the area removed from irrigation far the new lots wilJ be replaced so tl�ere wil(
be no reduction in the amount of irrigated acreage. ,
9. The BOCC finds that the needs of the County would be served by an extension of the vested rights, as
the criteria provided in Section 2-20-170{d}(1).are satisfied and justify an extension of the vesting
period.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the Red
Butte Ranch Subdivision Exemption for a Major Plat Amendment and Designation of Activity Envelopes,
and an extension of statutory vested rights for a period of ten(10)years,subject to the conditions set forth
herein,which shal)run with the land and be binding on all successors in interest.
1. The Applicant shall adhere to all material representations made in the application or in public meetings or
hearings and shall consider those representations to be conditions of approval,unless amended by other
conditions.
2. The conditions of BOCC Resalution Nos. 96-69,96-73, 97-198, 99-188 and 208-2040 shall remain in
full force and effect,except as amended herein.
3. Prior to submission of any future building permit applications for Lots 3,4 and 5 the Applicant shall be
required to submit for approval by the County Attorney and Community Development an amended
plat.The above referenced approvals shall be a condition precedent to finalization and recordation.
The mylar copy of the plat must be signed by the owners prior to submittal for recording. The plat shall
be amended as follows:
A_ Include the area noRh�vest of the proposeci driveway within the area subject to the conservation
easement.
B. Designate the areas within Lots 3,4 and 5 that will be irrigated and maintained as agricultural land.
C_ Designate the area to the west of the activity envelope on Lot 5 for restoration consistent with the
habitats to the north and southwest.
4. Concurrent with recordation of the amended plat,the Applicant shall:
A. Record a conservation easerrtent that encumbers the area of the property as shown in Exhibit B
and shall run to the beneft of the County;the easement shall be reviewed and approved by the
Open Space and Trails Director and the County Attorney. The grant of the easement shall be
approved by the SOCC by Ordinance. The Applicant shall provide an environmental assessment
for the area subject to the easement, which shall be reviewed by the County Attorney prior to
acceptance, unless the Gounty Attorney determines that there is no need for an environmental
assessment. The Applicant shalt provide a title commitment for the area,prior to acceptance of
the conservation easement by the BOCC,and a title policy and a Baseline lnventory Report,prior
2
„� .,�... _ .
to conveyance of the conservation easement. The Baseline Fnventory Report shall be reviewed
and approved by the Open Space and Trails Director and the BOCC. The easement shal(prohibit
recreationat uses on the Dollard Outcrop Hili and to the north and west of the Hill in the winter,
and may allow recreational uses in the summer, if such use is consistent with the Baseline
Inventory. The easement shall permit equestrian use of the existing trail down to the Rio Grande
Traii by the lot owners. The Appiicant shal{ solicit a third party beneficiary of the easement.
B. Record a lot line adjustment plat(s)to transfer the Gold Butte rock climbing area and the Sewer
Falls ice climbing area to the County and to combine those properties with the adjacent County
owned Rio Crande Trail property. The plat shal[ be reviewed and approved by the County
Attorney,Open Space and Trails Director and Community Development, prior to recordation.
C. Convey the Gold Butte rock climbing area and the Sewer Falls ice climbing area to the.Caunty.
The BOCC shall approve the property conveyance by Ordinance. The Applicant shall provide an
environmental assessment for the areas,which shall be reviewed by the County Attorney prior to
acceptance, unless the County Attorney determines that there is no need for an enviranmental
assessment. The Applicant shall provide a title commitment for ihe areas,prior to acceptance of
The properties by the BOCC, and a title policy and a Baseline lnventory Report, prior to
conveyance of the properties: The Baseline Inventory Report sha(1 be reviewed and approved by
the Open Space and Trails Director.
D. Record the amended Subdivision Improvements Agreement, which shall address the common
improvements required for revised Lots 3-5. The amended SCA shal! be reviewed and approved
by the County Attorney and Community Development, prior to recordation.
E. Record the amended Protective Covenants, which shall include the following changes.The
amended Protective Covenants shall be reviewed and approved by the County Attorney and
Community Development, prior to recordation.
1} To require each lot owner(Lots 3-5)to pay the applicable cash-in-lieu fee based on the
Housing Guidelines in effect at the tirne of building permit issuance.
2) To specify that the maximum allowable floor area on Lots 3,4 and 5 shall be 5,750 square feet,
as calculated based on the Code in effect at the time of building permit application. The
Applicant may use TDRs to build up to 3,004 square feet of below grade space in addition to the
5,750 square feet of allowabie floor area,as calculated based on the Code in effect at the time of
building permit application.
3) To address the new access offof McLain F{ats Road.
4) To prohibit dogs on Lots 3-5.
5) To eliminate the Homeowners' Association, until such time as the frFSt lot in the subdivision is
sold to an entity that does not have members in common with the other lots,at which time the
Homeowners' Association shall be reinstated. �
b) To specify that buildings shall only be allowed on the Open Space Pareel within the designated
envelopes shown on the plat
5. Prior to submission of any building or other development permit applications for each of Lots 3-5 and
any new structures on the Open Space Parcel,the Applicant s(�all be required to submit for approval
an application for Site Plan Review, pursuant to Secs.2-30-20 and 7-10-50 of the Code. As part of
the review pursuant to the Rural Character Guidelines,the Applicant shall demonstrate that the character
of the residence is"ranch vernacular”.
6. Prior to submission of any building permits for each of Lots 3-5,the Applicant shall submit an
earthmoving permit application for the proposed habitat restoration within the Open Space Parcel.
The restoration work shall be completed prior to issuance of any building permits for Lots 3-5.
7. Prior to issuance of any building permits for each of Lots 3-5,the Applicant shall:
3
A. Complete a fireplace/woodstove registration form with the Community Develapment
Department, if necessary.
B. Submit a County access/driveway permit,wl�ich shall be reviewed and approved by the Pianning
Engineer and the Fire Marshal.
C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer.
D. Submit a canstruction management ptan for review and approval by the Planning Engineer
showing the locations of staging, materiat storage an�employee and construcdon traffic parking.
E. Pay the applicable road impact fee.
F. Provide proof of an adequate water suppl�(in terms of quantity and availability)for domestic and
fire protection purposes,and for irrigation purposes, if applicabte. Any building permit application
submittal shall include demortstration that the water supp}y is adequate for each d�ve(ling unit for
which a permit is requested(i.e.,the principa[residenee and/or the employee unit).
G. Obtain approval of an on-site wastewater disposal petmit from the Environrnental Health
Department.
H, Su6mii a plan for review and approval by the Aspen Fire MarshaS to demonstrate that the project
meets all of the codes and requirements of the Fire District, including provision of adequate
access and turnaround, and insta(lation of an approved fire sprinkler system and adequate water
supply for fire fighting.
8. New agricultural buildings within the designated envelope on the Open Space Parcel shall be exempt
from growth management up to a maximum of 7,200 square feet. Prior to issuance of a building
permit fos new agriculturaf structures within the designated envelope on the Open Space Parcei,the
Applicant shall submit a covenant to the Community Development Uepartment for approval and
recordation. The covenant shafl specify that the exempt square footage may only be used to shelter or
enclose livestock,horses, poultry, feed or field equiprnent, or to grow trees,shrubs, flowers or
vegetative plants. The covenant shall allow the County to inspect the barn at any tirne far compliance
with the specified use limitations,subject to the provision of reasonable notice to the property owner.
9. Prior to commencement of any earthmoving or construction activity,the Applicant shal} stake the
corners of the building envelope and insEalt construction fencing around the perimeter ofi the building
enveiope. The fencing shall remain in place unti) a Certificate of Occupancy is issued for the
residence.
t Q. No devetopment, including,grading,excavation,fsll placement,berming, landscaping,vegetatian
removat or disturbance, entry or ranch gates, well or septic system shall occur outside of the approved
activity envelopes,except as associated with continued agricultural or ranching uses or activities..
I l. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush,debris and non-ornamental vegetation shall be removed within a minimum i 0'perimeter
around all structures.
B. No branches shall be within ]5' of ehimneys.
C, Mow grasses to less than 6"wiihin 30'of the structures during the summer and fall.
D. The Applicant shall be responsib(e for the continued maintenance of the defensible space vegetation
req u irements.
]2. The Applicant shatl comply with the fotlowing additional wildfire rnitigation standards:
4
A. Roofs shalt be constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code(1BC}Section 1505.2. Wood shake/shingle roof coverings are
prohibited. Roofs with Iess than a 3:12 pitch are not permitted unless they comply wi#h the
foifowing:
1) Ait roof coverings sk►all be noncombustibte materials and instaNed on a Class A roof assembly.
2) At!roof coverings shall have a surface that sha[! faci[itate the natural process of clearing the roof.
3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the
roofline,such as parapets, sha11 be prohibited:
4} Roofs shall be installed as required by the ado�ted building code and shalt have a minimum
slope of 1:48.
5} All roof designs,coverings,or equivalent assemblies shalt be specificaliy approved hy the Fire
Marshal prior to submittal of a building permii application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 iRCh maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of a(I litter, slash,and flammable debris.
E. Ail ffammable maleriaSs and firewood/wood pites shatt be stored on a paraliel contour a minimum of
I 5 feet away from any structure.
F. Weeds and grasses within a ]0 foot perirr►eter af all structures shal! be maintained to a height of
not more than 6 inches.
G. 5wimming pools or ponds shait be accessible to Fire De�artment vehicles.
H. Fences shal!be l�ept clear of brush and debris.
T. Wood fences shall not connect to the structure.
J. Fue] Tanks shall be installed underground with an approved container.
K. Propane tanks shali be installed according to NFPA 48 standards and on a eontour away from the
structure with standard defensible space vegetation mitigation around any above-ground tank.
Any wood enclosure around the tank shall be constructed.with materials approved for 2 hour fire-
resistive construction on the exterior side of ihe�valls.
� L. Each structure sha11 have a minimum of one 10 pound approved ABC fire extinguisher placed in
a visible and accessible locat"son.
M. Addresses shall be clearly marked with 2 inch non-cambustible letters and shall be visible and
installed on a non-combustible past.
N. New utility lines shall be buried within the driveway.
i3. To mitigate impacts on wildlife,the Applicant sha1L
A. The driveway shall be [ocated to the sauth side of the existing fence atong tt►e edge of the
meadow.
B. New fencing is prohibited atong the access road, within the conservation easement area to the
north of the lots,and outside of the activity envelopes,unless necessary for the retention of
livestock. [,ivestock fences shall be constructed sueh that they do not impede wildlife movement.
C. Remove the existing fence along McLain Flats Road,running northwesterty from the new driveway
to the end of the property boundary atong the road,prior to issuance oFthe Access Permit for the
dri veway.
D. Tnstall a 4' high berm at the toe of the slope of the Dollard Rock Outcrop Hill, immediately above
the existing fence,and install a dense,vegetative screen atong and on the berm,compased primacily
of spruce and pine trees with a minimum height of 14-16' at the time of issuance of a building permit
for the particular tot on which the fandscaping is located. The spruce and pine trees woaid be
suppiemented with aspen trees and other native vegetation. The landscape plan shall provide for
irrigation of these trees and for some form of fencing protection around the landscaped area so the
trees are not damaged by wildlife fo(I�wing planting.
E, Prohibit dogs on Lots 3,4 and 5.
5
F. Fence al{horse/Sivestock hay with 8' mesh game proof fencing in order to prevent game damage
conflicts.
G. Use ronnd handled door knobs on all exterior daors,rather than iever handles, to minimize a
bear's ability to gain entry.
H. Keep trash/garbage in an approved bear resistant container or enclosure,pursuant to the County's
Wildlife Protection Ordinance. It is recommended that a shared trash enclosure be instalied to
serve L,ots 3-5. Verification of comp{iance shall be provided prior to issuance of a Certificate of
Occupancy.
T. Avoid fruit-bearing trees and shrubs in any landscaping.
J. Prohibit construction workers from bringing dogs on-site during construction.
K. Limit outdoor construction to t6e period between April 1 and November 30.
14. All areas disturbed by construction shall be revegetated to Iimit water consumption and additional
runoff witE�in one grawing season after completion of construction.
I S. Prior ta issuance of a Certificate of Occupancy for each of Lots 3-5,the Applicant shall submit for
recording a covenant acceptable to the Community Development Department and County Attorney
prohibiting commercial agricultural activities on the tat.
16. Faifure to comply with these conditions of�approval may result in revocation afthis permit or any
subsequent permits related to this property or vested rights associated with this property.
17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes;subject to the exceptions set forth in Pitkin County Ldnd Use
Cade, § 4-140 and C.R_S., § 24-58-i05. The statutory vested rights granted herein shall expire on
October 22, 2020.
6
INTRODUCED AND FIRST READ AT A PUBLIC MEETING on the 9'�'day of September,
2009.
NOTICE OF PUBLIC HEARING published in t6e Aspen Times Weekiy on the 23'�day of
August,2(}09.
APPROVED AND AD�PTED AFTER SECOND READING on the 23�d day of September,
2009.
���
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the�y day of f LJl1,G c �_
2009.
BOAK 0�'COUNTY COMMtSSTONERS, ;--�
PITKI COUNTY,COLO� DO �
L.-�
A EST: By. �•'�t7r l'c?,, � 1 itr/'"t/i!'�.. �.(<..
� Patti Kay-Clapper,Chair
7 1 ' , � %�
Je� ette]ones,Clerk to t e BOCC
;
�f
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
j �� � < _ �-- __--
�in y Houben John E1y
Community Development Director County..AttoiT►ey
P044-08
P[D#264335404003,2643354d4004,264335404005,264335404006
7