HomeMy WebLinkAboutBOCC Packet 05222013 Capital Creek Ranch AmendmentsMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — May 22, 2013
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THRU: Cindy Houb n, ommunity Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Capitol Creek Ranch Amendments to BOCC Resolution No. 190-2002, and Special
Review and GMQS Exemption for Caretaker Dwelling Units
REQUEST: The Applicant is requesting to amend the approvals granted in BOCC Resolution No. 190-
2002 as follows:
• Amend the boundaries of the seven 35 acre parcels to reduce the size of certain parcels and to increase
the size of others.
• Amend the activity envelopes.
• Amend the square footage allowed on each parcel for agricultural buildings.
• Relocate the driveway to Parcel #3.
• Establish an underground utility activity envelope between Parcels 4 and 5 to accommodate a water
line.
• Eliminate the allowance to develop one cabin of no more than 1,000 square feet within the
Rural/Remote portion of the property.
The Applicant is also requesting approval for an attached Caretaker Dwelling Unit ("CDU") on each of
Parcels 1, 2, 3, 5, 6 and 7, with the unit to be attached to the primary residence, agricultural structure or
garage. The Applicant is also requesting approval for a detached CDU on Parcel 4; the existing
"grandmother's house" on Parcel 4 may be used as the detached CDU on that parcel.
This application is being considered concurrently with amendments to the North Conservation Easement
(scheduled for second reading on May 22), in anticipation of a closing on the 2002 Option Contract by
June 15, 2013.
APPLICANT: Capitol Creek Ranch Company
REPRESENTATIVE: Doug Pratte
LOCATION: 4516 Capitol Creek Road
ZONING: 245.7 acres are zoned RS-30. 1,245.288 acres are zoned Rural/Remote. Total of 1,490.988
acres.
BACKGROUND: The BOCC approved the Capitol Creek Ranch 1041 Hazard Review, Conceptual
Submission, Scenic Overlay Review, Special Review and GMQS Exemption, pursuant to Resolution No.
190-2002. The approval contemplated development of single family dwelling units of up to 5,000 square
feet of floor area on seven newly created 35+ acre parcels. The approval is vested until September 25,
2022. The remainder of the property (1,245 acres) was rezoned to Rural/Remote, pursuant to Ordinance
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No. 024-2002. Refer to the attached map showing the parcels and the Conservation Easement Phases. The
acreages of the Conservation Easements and the entire property have been revised slightly from what is
shown on the map via lot line adjustments with neighboring properties that resolved boundary issues
(Administrative Decision No. 65-2002; Plat Book 65 at Pages 19-24).
In 2003 the County purchased the 753 acre "South Conservation Easement." All of this acreage was
rezoned Rural and Remote which potentially yielded 21 TDRs. As provided in the 2003 purchase, one
development right was reserved for a Rural and Remote cabin on the 753 acres, ten TDRs were issued to
the Applicant, and ten development rights were extinguished by the conveyance of the easement itself.
The remaining 753 acres are subject to a 2002 Option Contract for the Purchase of a Conservation
Easement ("Option"). The purchase of this second phase was deferred ten years due to the Seller's tax
planning. The Option is required to close by June 15, 2013. A "North Conservation Easement" was
attached to the Option and enforceable during this period per the contract. To provide room for the seven
reserved homesites, only 495 of the 740 acres in the north were rezoned to Rural and Remote, while 245
acres remained RS-30. Hence, there are 14 additional TDRs associated with the Rural and Remote
portion of the North Conservation Easement that will be issued concurrent with the closing on the Option
contract.
REFERRALS: Comments from Housing are attached for reference. The application was referred to the
Snowmass/Capitol Creek Caucus and will be reviewed at their meeting on May 20; comments will be
forwarded to the BOCC prior to the meeting on May 22.
STAFF COMMENTS:
MINOR AMENDMENT TO DEVELOPMENT PERMIT (SECTION2-20-150.b): The requested amendments are
discussed in detail below.
• Amend the Parcel Boundaries.
The Applicant proposes to amend the boundaries of the seven 35 acre parcels as follows:
➢ To reduce Parcels 1, 2, 3 and 5 to less than 35 acres (23, 23, 17 and 14 acres, respectively);
);. To attach Parcel 4 to the remainder of the ranch so it will contain 1,251 acres;
➢ To increase Parcel 6 to 121 acres; and
➢ To increase Parcel 7 to 41 acres.
These changes accomplish several things. (1) One member of the family can take his inheritance in the
form of land rather than cash, so that he can continue to ranch on the property. (2) Lot lines are relocated
around irrigation boundaries. The prior lot boundaries gave less consideration to such land management
activities as it was assumed that the family would continue to own all of the lots and manage the
agricultural areas in each separate lot as one unit. (3) The majority of the ranch is attached to Parcel 4 to
ensure long-term management of the ranch by the owner of Parcel 4. The majority of the ranch is
currently separate from the seven development parcels, and no provision was made for the long-term
management of that separate non -development parcel.
• Amend the Activity Envelopes.
The Applicant proposes to increase the size of the activity envelopes on Parcels 1, 2, 3, 5, 6 and 7 from one
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to two acres. Prior to development on each parcel, the owner will be required to designate a one acre area as
the Primary Activity Envelope, within which all above ground structures and landscaping will be located.
The remaining one acre will be limited to underground utilities, including on -site wastewater treatment
system and well. Parcel 4 already has a 3.9 acre envelope: residential buildings are limited to the 1.5 acre
Primary Activity Envelope, with other development, including agricultural buildings, underground utilities
and landscaping allowed anywhere within the 3.9 acre envelope.
Each parcel is limited to a maximum of 5,000 square feet of floor area. No change is proposed to the
residential floor area allowed on each parcel. Lots 4 and 6 are exempt from growth management. Lots 1, 2,
3, 5 and 7 can use one TDR to establish a development right or compete in growth management.
• Amend the Agricultural Building Square Footage.
Resolution No. 190-2002 allows 3,000 square feet of agricultural buildings on each parcel, which would
allow a total of 21,000 square feet of agricultural buildings on the property. The original approval did not
address whether the existing agricultural buildings would count or not. There are six agricultural buildings
on proposed Parcel 4, which contain a total of 4,290 square feet. There are three agricultural buildings on
proposed Parcel 6, which contain a total of 182 square feet.
The Applicant proposes to amend the agricultural square footage allowances as follow:
➢ Parcel 1: 2,000 sf
➢ Parcel 2: 2,000 sf
➢ Parcel 3: 2,000 sf
➢ Parcel 4: 7,500 sf (including 4,290 sf of existing agricultural buildings, or an additional 3,210 sf)
➢ Parcel 5: 2,000 sf
➢ Parcel 6: 6,000 sf (including 182 sf of existing agricultural buildings, or an additional 5,818 sf)
➢ Parcel 7: 2,000 sf
This amendment would allow a total of 23,500 square feet for agricultural buildings, including the existing
buildings. There is a reduction in the square footage of new agricultural buildings from 21,000 to 19,028
square feet. The Code in effect in 2002 did not count existing buildings when calculating the exemption
available for agricultural buildings, therefore, the amendment is consistent with what was allowed at the
time.
• Relocate the driveway to Parcel 3.
The previously approved driveway to Parcel 3 skirted the edge of irrigated pastures. The proposed
driveway is shorter in length and would avoid the irrigated pastures.
• Underground Utility Envelope.
The Applicant proposes to establish an underground utility activity envelope between Parcels 4 and 5 to
accommodate a water line if the well on Parcel 4 is shared with Parcel 5.
• Eliminate Rural/Remote Cabin.
Condition # 18 of Resolution No. 190-2002 allows the Applicant to develop one cabin of no more than 1,000
square feet within the Rural/Remote portion of the property exempt from growth management and subject to
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applicable review processes. The Conservation Easement specified that the cabin could only be constructed
by the Child family. The Applicant proposes to eliminate the allowance to develop the cabin and is
requesting to retain one additional TDR instead. Since the development right is not being utilized to build a
cabin, then staff supports issuance of one additional TDR.
Pursuant to Section 2-20-150(b) of the Land Use Code, a minor amendment to any development application
or permit is one that meets the following criteria:
1. Is consistent with action(s) taken during previous development approvals for the property; and
2. Does not change the use of the proposed development between residential, commercial, and tourist
accommodation uses; and
3. Does not change the basic character of the approved use of land on which the activity occurs, included
basic visual appearance and method of operation, and
4. Does not constitute a new land development activity; and
5. Does not increase off -site impacts in the surrounding neighborhood; and
6. Does not endanger the public health, safety or welfare, and
7 Does not violate any Land Use Code standard; and
Response: The proposed amendments are consistent with the original development approval; do not change
the use or visual appearance of the property; do not constitute a new land development activity; do not
endanger the public health, safety or welfare or violate any standard of the Land Use Code; will not increase
the need for parking, utilities or affordable housing; and will not increase the floor area or decrease the open
space.
GMQS EXEMPTION FOR CARETAKER DWELLING UNIT (LUC Sec. 6-30-40): The Applicant
has requested approval for an attached Caretaker Dwelling Unit ("CDU") on each of Parcels 1, 2, 3, 5, 6
and 7, with the unit to be attached to the primary residence, agricultural structure or garage. The Applicant
is also requesting approval for a detached CDU on Parcel 4; the existing "grandmother's house" on Parcel 4
may be used as the detached CDU on that parcel.
Pursuant to Subsection 6-30-40(2)(C), one CDU of up to 1,000 square feet of net livable square feet is
exempt from growth management, subject to special review and the following criteria:
• The floor area of the caretaker unit shall be included in the total allowed floor area (5,000 square
feet on each parcel).
• Two parking spaces shall be provided for the CDU.
• The unit shall be deed restricted for use by qualified employees as defined in the Housing
Guidelines or members of the owner's immediate family.
• The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can
bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator
and 0.73 cubic foot freezer.
• The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared
utilities.
The Housing Office recommends approval of the caretaker dwelling units.
SPECIAL REVIEW: Special Review approval is required to construct caretaker dwelling units; subject
to compliance with the following standards.
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A. The special review use shall be consistent with the applicable County Master Plan.
Response: The Snowmass/Capitol Creek Valleys Master Plan does not specifically address CDUs. It is
the goal of the Master Plan that residential development be consistent with and complimentary to the
rural character of the area, and the Plan recommends "extremely low density, single-family residential
housing of moderate size and bulk." CDUs are not inconsistent with these goals.
B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The proposed CDUs do not conflict with the applicable provisions of the Code, as specified
within this memorandum, or with the County land use policies.
C. The proposed development must not materially endanger the public health, safety or welfare.
D. The proposed development must not substantially injure the value of adjoining or abutting
property.
Response: Staff has no information that would indicate that the CDUs would endanger the public health,
safety or welfare, or injure the value of adjacent properties.
D. The special review use shall be consistent with the intent of the Zone District in which it is
proposed to be located.
Response: The intent of the RS-30 zone district is to "permit low density, single family residential
development and customary accessory uses..." The proposed CDUs are consistent with the intent of the
zone district.
E. The special review use shall be compatible with the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses
and activities in the immediate vicinity of the parcel proposed for development.
Response: The proposed CDUs are compatible with surrounding residential uses.
F. The location, size, design and operating characteristics of the proposed special review use must be in
harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution
or other impacts on natural resources, noise, vibrations and odor on surrounding properties.
Response: The proposed CDUs will create limited additional impacts. The CDUs will be within the
Primary Activity Envelopes.
G. There must be adequate public facilities and services to serve the special review use, including but
not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical
services, hospital and medical services, drainage systems, and schools.
Response: There are adequate facilities to serve the residences and CDUs. The Applicant will be required
to demonstrate at building permit application for the CDU that the well for the parcel is permitted to serve
more than one dwelling.
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H. The proposed special review use must comply with any additional standards or requirements stated
for such use in Sec. 4-30 and/or Sec. 2-40-20.
Response: The standards from Sec. 4-30 are addressed above, and no standards from Sec. 2-40-20 are
applicable.
RECOMMENDATION: Staff recommends that the BOCC adopt a motion to approve the Capitol
Creek Ranch Minor Amendments and Caretaker Dwelling Units, subject to the attached Resolution.
Attachments
A. 2002 Map of Parcels and Conservation Easement Phases
B. Housing Office
Application provided separately
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE CAPITOL CREEK RANCH AMENDMENTS TO BOARD OF
COUNTY COMMISSIONERS RESOLUTION NO. 190-2002 AND GRANTING SPECIAL
REVIEW APPROVAL AND GMQS EXEMPTION FOR CARETAKER DWELLING UNITS
Resolution No. -2013
RECITALS
1. Capitol Creek Ranch Company ("Applicant") has submitted an application to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC") to amend the approvals granted in BOCC
Resolution No. 190-2002 as follows:
➢ Amend the boundaries of the seven 35 acre parcels to reduce the size of Parcels 1, 2, 3 and 5 to less
than 35 acres; to increase the size of Parcels 6 and 7; and to attach Parcel 4 to the remaining non -
developable portion of the ranch so that Parcel 4 will contain 1,251 acres.
➢ Amend the activity envelopes to increase the size of the activity envelopes on Parcels 1, 2, 3, 5, 6
and 7 from one to two acres. All above ground structures and landscaping will be located within a
one acre Primary Activity Envelope, and the remaining one acre will be limited to underground
utilities, including on -site wastewater treatment system and well.
➢ Amend the square footage allowed on each parcel for agricultural buildings to allow 7,500 and
6,000 square feet on Parcels 4 and 6, respectively (including existing agricultural buildings), and
2,000 square feet of each of Parcels 1, 2, 3, 5 and 7.
➢ Relocate the driveway to Parcel 43 to avoid the irrigated pasture.
➢ Establish an underground utility activity envelope between Parcels 4 and 5 to accommodate a water
line if the well on Parcel 4 is shared with Parcel 5.
➢ Eliminate the allowance to develop one cabin of no more than 1,000 square feet within the
Rural/Remote portion of the property, and provide one additional TDR in exchange.
2. The Applicant is also requesting approval for an attached Caretaker Dwelling Unit ("CDU") on each of
Parcels 1, 2, 3, 5, 6 and 7, with the unit to be attached to the primary residence, agricultural structure or
garage. The Applicant is also requesting approval for a detached CDU on Parcel 4; the existing
"grandmother's house" on Parcel 4 may be used as the detached CDU on that parcel.
3. The property is located at 4516 Capitol Creek Road, and is more specifically described in Exhibit A.
4. The property contains a total of 1,490.988 acres. 245.7 acres are zoned RS-30, and 1,245.288 acres are zoned
Rural!Remote.
5. The Board of County Commissioners ("BOCC") approved the Capitol Creek Ranch 1041 Hazard
Review, Conceptual Submission, Scenic Overlay Review, Special Review and GMQS Exemption,
pursuant to Resolution no. 190-2002. The approval contemplated development of single family
dwelling units of up to 5,000 square feet of floor area on seven newly created 35+ acre parcels. The
approval is vested until September 25, 2022. The remainder of the property (1,245 acres) was rezoned
to Rural/Remote, pursuant to Ordinance No. 024-2002.
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Resolution No. -2013
Page 2
b. In 2003 the County purchased the 740 acre "South Conservation Easement." All of this acreage was
rezoned Rural and Remote. As provided in the 2003 purchase, one development right was reserved
for a Rural and Remote cabin on the 740 acres, ten TDRs were issued to the Applicant, and ten
development rights were extinguished by the conveyance of the easement itself.
7. The remaining 740 acres are subject to a 2002 Option Contract for the Purchase of a Conservation
Easement ("Option"). The purchase of this second phase was deferred ten years due to the Seller's
tax planning. The Option is required to close by June 15, 2013. A "North Conservation Easement"
was attached to the Option and enforceable during this period per the contract. To provide room for
the seven reserved homesites, only 495 of the 740 acres in the north were rezoned to Rural and
Remote, while 245 acres remained RS-30. Hence, there are 14 additional TDRs associated with the
Rural and Remote portion of the North Conservation Easement that will be issued concurrent with
the closing on the Option contract.
8. The BOCC considered this application at a regular meeting on May 22, 2013, at which time evidence
and testimony was presented with respect to the application.
9. The BOCC finds that the proposed amendments are consistent with the original development
approval; do not change the use or visual appearance of the property; do not constitute a new land
development activity; do not endanger the public health, safety or welfare or violate any standard of
the Land Use Code; will not increase the need for parking, utilities or affordable housing; and will
not increase the floor area or decrease the open space.
10. The BOCC further finds that the changes to the parcel boundaries will allow for better management of
the land as the irrigated areas will remain within two of the parcels and will not be bisected by boundary
lines.
11. The BOCC further finds that the amendments to the activity envelopes will provide more flexibility for
development, while still ensuring that above ground structures and landscaping will be limited to a one
acre area.
12. The BOCC further finds that the caretaker dwelling units comply with the applicable provisions of the
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the Capitol
Creek Ranch Amendments and Special Review and GMQS Exemption for Caretaker Dwelling Units,
subject to the following conditions, which shall 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. All conditions of BOCC Resolution No. 190-2002 shall remain in full force and effect, except as
amended herein.
3. Concurrent with the closing on the "2002 Option Contract for the Purchase of a Conservation Easement" the
amended Subdivision Exemption Plat and Activity Envelope Plans shall be recorded. Prior to recordation, the
Applicant shall be required to submit for approval by the County Attorney and Community
Development the Activity Envelope Plans in accordance with Land Use Code Section 2-30-20(g) and
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Resolution No. -2013
Page 3
Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to
finalization and recordation.
A. The Activity Envelopes on Parcels 1, 2, 3, 5, 6 and 7 shall contain no more than two acres. Prior to
submission of a building permit application on each parcel, the owner will be required to designate
a one acre area as the Primary Activity Envelope, within which all above ground structures and
landscaping will be located. The remaining one acre will be limited to underground utilities,
including on -site wastewater treatment system and well.
B. The Activity Envelope on Parcel 4 shall contain no more than 3.9 acres. Residential buildings are
limited to the 1.5 acre Primary Activity Envelope. Other development, including agricultural
buildings, underground utilities and landscaping, is allowed anywhere within the 3.9 acre envelope.
4. Condition # 8 of Resolution No. 190-2002 shall be replaced with the following:
All of the lots shall be limited to a maximum of 5,000 square feet of residential floor area. The existing
residences on Parcels 4 and 6 may be expanded or replaced up to 5,000 square feet of floor area exempt
from growth management. TDRs shall be required to develop new residences of up to 5,000 square feet
of floor area exempt from growth management on Parcels 1, 2, 3, 5 and 7, or the Applicant may
compete in growth management to acquire up to 5,000 square feet of floor area on those parcels.
Parcels 1, 2, 3, 5 and 7 are eligible for up to 2,000 square feet of agricultural buildings. Parcel 4 is
eligible for up to 7,500 square feet of agricultural buildings; this includes 4,290 square feet of existing
agricultural buildings that may be replaced. Parcel 6 is eligible for up to 6,000 square feet of
agricultural buildings; this includes 182 square feet of existing agricultural buildings that may be
replaced.
5. Condition #18 of Resolution No. 190-2002 is hereby rescinded. The Applicant no longer has the right
to develop one cabin of no more than 1,000 square feet within the Rural/Remote portion of the property.
The Applicant is eligible for one TDR for the extinguishment of this development right.
6. A Caretaker Dwelling Unit is permitted on each of Parcels 1, 2, 3, 5, 6 and 7, with the unit to be
attached to the primary residence, an agricultural structure or the garage. A Caretaker Dwelling Unit is
also permitted on Parcel 4; the existing "grandmother's house" on Parcel 4 may be used as the detached
CDU on that parcel. Prior to issuance of a building permit for a caretaker dwelling unit, the Applicant
shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor
plans of the unit shall be submitted to the Housing Office with the deed restriction.
7. The Applicant shall demonstrate at building permit application for the caretaker dwelling unit that the
well for the parcel is permitted to serve more than one dwelling.
8. The kitchen of the caretaker dwelling unit shall contain a minimum of a two burner stove with at least a
5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3
cubic foot refrigerator and 0.73 cubic foot freezer. Two off-street parking spaces shall be provided for
the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude
shared utilities.
9. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may
inspect the unit.
Resolution No -2013
Page 4
10. The floor area of the caretaker dwelling unit shall be included in the total allowed floor area for the each
parcel (5,000 square feet).
11. No structural development in excess of 30", with the exception of fencing, shall occur within the
setbacks of the parcel. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any development located within setbacks mandated by County zoning regulations
shall require a variance from the Board of Adjustment. Approval of an activity envelope within such
setbacks does not assure approval of a variance.
12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate
of Occupancy.
13. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one
growing season of the project's completion.
14. 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.
APPROVED AND ADOPTED on the 22°d day of May, 2013.
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO CONTENT:
Community Development Director
Case #Pl 16-12; P1D 264519200002
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By
George Newman, Chairman
APPROVED AS TO FORM:
John Ely
County Attorney
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MEMORANDUM
TO: Suzanne Wolff, Community Development Department
FROM: Cindy Christensen, Aspen/Pitkin County Housing Authority
DATE: May 3, 2013
RE: Capitol Creek Ranch Company Special Review for a CDU
Parcel ID No. 2645-192-00-002; P116-12
ISSUE: The applicant is seeking approval to construct attached caretaker dwelling units (CDU)
and each parcel, except Park 4 would include a detached CDU.
CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), CDU as Permitted
Accessory Use, in the RS-160, RS-35, RS-30, RS-20, AR-10, AR-2, R-30, R015, R-15A and R-6
zone districts one CDU shall be a permitted accessory use provided that:
1. It is attached to a single-family home (the principal dwelling).
2. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot area.
3. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
4. Two off-street parking spaces shall be provided for each caretaker dwelling unit.
5. The applicant shall, by deed restriction or other permanent commitment running with the
land, 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. shall be limited to occupancy by not more than two adults and related children, who
qualify as (and have been found by the Housing Authority to be) employees of the
community under such guidelines as may be from time to time established, or by
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 six months if rented.
6. 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
] d'e, dwelling is removed or modified. If modified, the remaining improvements must no longer
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be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
7. The provisions of this regulation are for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4-30-50(e)(2)(c) allows a caretaker dwelling unit, as a special review, to be detached from
the principal single-family dwelling on the lot or parcel.
RECOMMENDATION: APCHA recommends approval of this request under the following
conditions:
1. Conditions 1 through 5 stated above are met.
2. The kitchen contains at a minimum a two-bumer stove with oven, standard sink, and a
refrigerator plus freezer. The 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.
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3. A caretaker dwelling unit deed restriction shall be recorded prior to building permit of the
new residence. The CDU deed restriction shall be provided by APCHA.
4. Floor plans of the CDU"s shall be provided prior to building permit approval and attached to
the signed and completed deed restriction.
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PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 11/28/11
PHONE: (970) 920-5093 E-MAIL:
suzannewco.pitkin.co.us
LOCATION: Capitol Creek Ranch 50 50 Copci o 1 creek. 120.1
PARCEL ID #s: 264519200002 ZONE: RS-30 &
Rural/Remote S-T_ IZ i(y _ q_ g(0
OWNER/APPLICANT: Capitol Creek Ranch Company
REPRESENTATIVE: bou9l ( rt
EMAIL: I' and sI ud t OZ @
COYY)Cas�i .
Type of Application: Minor Amendments to BOCC Resolution No. 190-2002 & Special
Review/GMQS Exemption for Caretaker Dwelling Units
Description of Project/Development: Applicant is requesting to amend the approvals granted in
BOCC Resolution No. 190-2002 as follows:
• Amend the boundaries of the previously represented 35 acre parcels (the 35 acre subdivision
exemption plat has not been recorded);
• Amend the envelopes on each of the 7 sites to allow 2 acre envelopes, with the additional acre
to be limited to septic system and/or well;
• Relocate the driveway to Parcel #3.
In addition, the Applicant is requesting approval for an attached caretaker dwelling unit on each
parcel, with the exception of Parcel 4, where a detached caretaker dwelling unit would be
allowed
Land Use Code Sections to Address:
• 1-80-40(a): Most Restrictive Zone Governs - the reconfigured parcels will include areas of the
property that are zoned Rural/Remote, whereas the originally approved parcels were only
within the RS-30 zone district. This provision did not exist in the Code in effect in 2002 and is
not applicable, since the vested rights do not expire until 2022.
• 2-20-150.b: Minor Amendment to Development Permit
• 2-30-30(h): Special Review criteria for caretaker dwelling unit
• 4-30-50(e)(1)(2): Caretaker Dwelling Unit
• 6-30-40(c): GMQS Exemption for CDU
Review by: BOCC
Public Hearing? NO. However, 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 Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code.
000001 43?
In addition, the Applicant shall mail notice (by certified mail) to all owners within 300' of the
property and mineral estate owners 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. A property owner receiving the
public notice shall have 2 weeks from the date the notice was postmarked to submit comments
or objections to the Community Development Department.
Staff will refer to: Snowmass/Capitol Creek Caucus, Housing 0 5
FEES: $2,505 (make check payable to "Pitkin County Treasurer")
• $1,872 Planning flat fee (non-refundable; based on 6 hours of staff time; if staff review time
exceeds 7.2 hours, the Applicant will be charged for additional time in excess of 6 hours at a
rate of $3121hour)
• $375 Clerk
• $179 Housing
• $54 Public Notice
• $25 Clerk Technology Fee
To apply, submit 7 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, summarizing prior approvals and addressing
compliance with the Code sections listed above.
2. Draft 35 acre Subdivision Exemption Plat
3. Draft Activity Envelope Plan
4. Disclosure and proof of ownership of the property, consisting of a current certificate from a
title insurance company or attorney licensed to practice law in the State of Colorado, listing
the names of all owners of the property and all mortgagees, judgments, liens, easements,
contracts and agreements affecting use and development of the parcel and proof of the
owner's right to use the land for the purposes identified in the development application.
5. Street address (if any) and parcel description, including legal description, and 8-112"x 11"
vicinity map locating the subject property within Pitkin County;
6. Total fee for review of the application
7. Executed Pitkin County Community Development Agreement for Payment of Land Use
Application Fees (form attached);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. Copy of this preapp form (1 copy)
NOTES:
PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPIES OF YOUR COMPLETE
APPLICATION. Other copies may be two-sided.
y INCLUDE THE PARCEL ID NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
This pre -application conference summary is advisory in nature and not binding on the
County. The information provided in this summary is based on current zoning standards
and staffs interpretations based upon representations of the applicant. Additional
information may be required upon a complete review of the application.
000002
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Capitol Creek Ranch Company - Minor Amendments to BOCC esol ion No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
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Capitol Creek Ranch
Pitkin County, Colorado
Parcel ID #: 264519200002
4516 Capitol Creek Road
Snowmass, CO 81654
Capitol Creek Ranch Company
Minor Amendments to BOCC Resolution No. 190-2002
& Special Review/GMQS Exemption for Caretaker
Dwelling Units
Prepared 12/12/12 by:
The Land Studio, Inc.
365 River Bend Way
Glenwood Springs, Colorado 81621
Phone: (970) 927-3690
landstudio2@comcast.net
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• 000004
Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
Table of Contents
Section 1 - Type of Application and Summary Explaining Request 2
Section 2 — Adjusted Envelopes and Parcels 9
Section 3 - Disclosure and Proof of Ownership of the Property 11
Section 4 — Street Address, Legal Description, and Vicinity Map 12
Section 5 - Consent from the Owner of the Property 13
Section 6 - List of Property Owners within 300' and Mineral Estate Owners 14
Section 7 - Agreement for Payment of Land Use Application Fees 15
Section 8 - Pre -Application Conference Summary Sheet 16
Section 9 - Exhibits 18
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
Section 1 - Type of Application and Summary Explaining Request
Description of Project/Development: Applicant is requesting to amend the approvals
granted in BOCC Resolution No. 190-2002 as follows:
1. Amend the boundaries of the previously represented 35-acre Parcels (the 35
acre subdivision exemption plat has not been recorded);
The Property will be divided into seven (7) Parcels that may be separately sold
and conveyed. Each of these Parcels will at all times remain subject to the terms
of a Conservation Easement. Each of these Parcels will contain one residential
Activity Envelope. Section 2 — Adjusted Envelopes and Parcels illustrates the
amended boundaries of the previously represented 35-acre Parcels.
2. Amend the envelopes on each of the 7 sites to allow 2-acre envelopes, with the
additional acre to be limited to underground utilities including septic system and
well;
More specifically, amend the Activity Envelopes to allow 2-acre envelopes on
Parcels 1, 2, 3, 5, 6, and 7. Parcel 4 is allowed the originally approved 3.9-acre
Activity Envelope. Parcels 1, 2, 3, 5, 6, and 7 will have the flexibility to define a
1-acre Primary Activity Envelope within the approved 2-acre envelope at the time
of Site Plan Review.
All permanent above ground development, including residential buildings,
associated agricultural buildings, and landscaping shall occur within the 1-acre
Primary Activity Envelope on Parcels 1, 2, 3, 5, 6, and 7. The additional Activity
Envelope area on each of Parcels 1, 2, 3, 5, 6, and 7 shall be limited to
landscaping and underground utilities including septic system and well.
All residential buildings, on Parcel 4 must occur in the originally approved 1.5-
acre Primary Activity Envelope. Agricultural buildings, underground utilities
including well and septic system, and associated landscaping can occur within
the entirety of the 3.9-acre Activity Envelope on Parcel 4.
Section 2 — Adjusted Envelopes and Parcels illustrates the amended boundaries
of the previously approved Activity Envelopes.
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
Each Parcel may contain additional agricultural building floor area per the
following table:
Additional Ag. Bldg.
Parcels Floor Area (SF)
Parcel 1 2,000
Parcel 2 2,000
Parcel 3 2,000
Parcel4 3,210
Parcel 5 2,000
Parcel6 5,818
Parcel7 2,000
Total 19,028
Diagrams illustrating existing agricultural building floor areas on Parcels 4 and 6
and an "Agricultural Buildings Floor Area Analysis" are attached as an Exhibit.
3. Relocate the driveway to Parcel #3
The as yet un-built driveway to Parcel 3 will be relocated as illustrated in Section
2 — Adjusted Envelopes and Parcels.
4. Establish an underground utility Activity Envelope between Envelopes 4 and 5
The Applicant is requesting an underground utility Activity Envelope between
Envelopes 4 and 5 to accommodate an underground water line if the well on
Envelope 4 is shared with Envelope 5. Section 2 — Adjusted Envelopes and
Parcels illustrates this Underground Utility Activity Envelope.
5. The Applicant is requesting approval for an attached Caretaker Dwelling Unit
(CDU) on each Parcel, with the exception of Parcel 4, where a detached CDU
would be allowed. CDUs can be attached to the primary residential structure,
agricultural structures, or garage within the 1-acre Primary Activity Envelope on
Parcels 1, 2, 3, 5, 6, and 7.
All Parcels may include a CDU provided that the CDU is included in the
calculation of the total residential floor area of 5,000 sq. ft. for each Parcel, and
that the existing "grandmothers house", with a floor area of 1,041 SF may be
used as a detached CDU on Parcel 4.
The following Land Use Code Sections are addressed below:
+J�307
Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
2-20-150.b: Minor Amendment to Development Permit
The Applicant has recognized the following Criteria for the proposed attached Caretaker
Dwelling Units and Activity Envelope amendments on Parcels 1, 2, 3, 5, 6, and 7, the
detached Caretaker Dwelling Unit on Parcel 4, the relocation of the driveway to Parcel
3, and the addition of an underground utility Activity Envelope between Envelopes 4 and
5 at Capital Creek Ranch. The proposed Minor Amendment:
(1) Is consistent with action(s) taken during previous development approvals for the
property; and (2) Does not change the use of the proposed development
between residential, commercial and tourist accommodation uses; and
(3) Does not change the basic character of the approved use of land on which the
activity occurs, including basic visual appearance and method of operation; and
(4) Does not constitute a new land development activity; and
(5) Does not increase off -site impacts in the surrounding neighborhood; and
(6) Does not endanger the public health, safety or welfare; and
(7) Does not violate any Land Use Code standard; and
(8) Does not substantially increase the need for on -site parking or utilities, or affect
affordable housing generation; and
(9) Does not increase the floor area of the use by more than five (5) percent or
decrease the open space on the site by more than five (5) percent.
2-30-30(h)(2): Special Review criteria for Caretaker Dwelling Unit
The Applicant has utilized the following Special Review Criteria for the proposed
attached Caretaker Dwelling Unit on Parcels 1, 2, 3, 5, 6, and 7 and the detached
Caretaker Dwelling Unit on Parcel 4 at Capital Creek Ranch:
(a) The CDU designs and locations will be consistent with the Snowmass-Capitol
Creek Valleys Master Plan. The following is the Vision Statement as specified in
the Snowmass-Capitol Creek Valleys Master Plan:
Vision Statement
The valley area of Snowmass and Capitol Creeks is a place where preservation
of the natural environment and the protection of our rural character are highly
valued. The unique qualities of our area should be preserved and the existing
character should remain substantially unchanged. The valued qualities include
the natural watersheds, water quality and quantity in Snowmass and Capitol
Creeks and their tributaries, undisturbed expanses of native vegetation and
riparian corridors, and wildlife habitat. We experience our valleys through views
of open meadow foregrounds framing dramatic peaks, colorful hillsides and
sharp ridgelines. Agriculture is recognized as a valued resource and a means to
preserve the open space character of our valleys and we support using a range
of techniques to ensure its continued presence and viability. In particular, we look
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
to land conservation tools to implement protection of the open space of our area.
While recreation opportunities abound within and adjacent to our area, we wish
to maintain the primitive nature of these experiences. We support limiting growth
in our valleys, consistent with the core values outlined above.
The proposed attached 1,000 SF Caretaker Dwelling Units on Parcels 1, 2, 3, 5,
6, and 7, and the detached Caretaker Dwelling Unit on Parcel 4, with a limitation
of 5,000 SF combined primary and CDU residential floor area for each Parcel, on
1,491 acres of conserved property, meet the objectives defined in the
Snowmass-Capitol Creek Valleys Master Plan Vision Statement and the details
contained within.
(b) The CDU locations and design will comply with the applicable sections of the
Pitkin County Land Use Code within the approved Activity Envelopes on legally
subdivided Parcels.
(c) The proposed CDUs will be located within approved Primary Activity Envelopes
and will not materially endanger the public health, safety or welfare.
(d) The CDUs will not substantially injure the value of adjoining or abutting property
as they are clustered with the Primary Residence with shared access.
(e) The CDU uses are consistent with the intent of the RS-30 zone district in which
they are located. It is a customary accessory use clustered with the Primary
Residence and will be located in the approved Activity Envelopes outside of
natural hazard areas. The Activity Envelopes were originally located to preserve
agricultural operations and environmental resources. A Conservation Easement
also exists on the property to preserve these resources. The Amended and
Restated Deed of Conservation Easement is available at the Pitkin County Open
Space and Trails department.
(f) The CDUs are clustered with the Primary Residence to create a compatible
relationship with the character of the immediate vicinity of the Parcel.
(g) The CDUs will be located within the approved Activity Envelopes and share
access with the Primary Residence to insure that the location, size, design and
operating characteristics of the CDUs are in harmony with the surrounding area
and minimize adverse effects. Two parking spaces will be provided for each
CDU within the Activity Envelope that they reside in.
(h) The roads, potable water, sewage treatment, solid waste disposal, parks, police,
fire protection, emergency medical services, hospital and medical services,
drainage systems, and schools that are adequate to serve the Primary
Residences are adequate to serve the CDUs. The Primary Residence and the
CDU on each Parcel can share an exempt well. All sewage treatment for the
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
(i)
Parcel will be engineered to accommodate the Primary Residence and Caretaker
Dwelling Unit.
The Applicant acknowledges the Residential Use Specific Standards in Section
4-30 and the Additional Special Review Procedures for Caretaker Dwelling Units
in Section 2-40-20(f).
1 Q) The Applicant understands that if the CDU use ceases, the structure must
immediately be brought into conformance with the underlying zone district
regulations and that if cessation of operation is due to demolition or destruction
through any manner not willfully accomplished by the owner, the structure may
be restored as of right pursuant to Sec. 9-30-70 of the Land Use Code.
4-30-50(e)(1)(2): Caretaker Dwelling Unit
(e) Caretaker Dwelling Unit
The following standards have been considered for the design and location of the
Caretaker Dwelling Units on Capitol Creek Ranch:
(1) The Applicant proposes that the Caretaker Dwelling Unit be a permitted as
an accessory use in the RS-30 Zone District per the following:
(a) Because the CDU is detached from the single-family home on
Parcel 4 ("principal dwelling"), a Special Use Permit is being
applied for;
(b) Because Parcels 1, 2, 3, and 5 on which CDUs reside are smaller
than 30 acres, a Special Use Permit is being applied for;
(c)
The CDUs will not exceed one thousand (1,000) net livable square
feet on Parcels 1, 2, 3, 5, 6, and 7 and (1,041) net livable square
feet on Parcel 4 at Capitol Creek Ranch;
(d) The floor area of the CDU is included in the total allowed floor area
of 5,000 SF for Parcel Parcels 1-7 at Capitol Creek Ranch;
(e) Two (2) off-street parking spaces will be provided for each of the
Caretaker Dwelling Units.
(f) The Applicant understands that the Caretaker Dwelling Units:
(1) Shall not be required to be rented;
Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
(2) Shall not be sold or otherwise conveyed or separated from
the original Parcel regardless of the ultimate form of
ownership of the caretaker unit;
(3)
Shall be limited to occupancy by (i) not more than two (2)
adults, and related children, who qualify as (and have been
found by the Housing Office to be) employees of the
community under such guidelines as may from time to time
be established, or (ii) members of the owner's immediate
family, even though they may not qualify as employees of
the community.
(4) Shall be rented for terms not less than six (6) months if
rented.
(g)
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 requirements of
this Land Use Code.
(h) The provisions of this regulation are for the purpose of
providing a voluntary Caretaker Dwelling Unit on a
legally created lot or Parcel in the County. Any unit
approved under this provision of this Land Use Code
shall not be used for mitigation of employee housing
requirements as established elsewhere in this Land
Use Code
(2) CDU As Special Review Accessory Use
The Caretaker Dwelling Units are proposed as a Special Review
Accessory Use on Parcels 1, 2, 3, and 5 as these Parcels are less than 30
acres and the CDU is detached from the principal single-family dwelling on
Parcel 4.
6-30-40(d): GMQS Exemption for CDU
(d) The proposed CDU meets the following GMQS Exemption requirements:
One (1) Caretaker Dwelling Unit ("CDU") may be exempted from Growth
Management on any lot or Parcel located in a zone district in which a CDU is an
4
Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
8
allowed use, a use allowed by special review, or a use allowed as part of a
master plan. The CDU may be allowed even if the lot or Parcel is substandard in
size and the resulting development on the lot or Parcel would not conform to the
underlying zone district's minimum Parcel size for each dwelling unit, subject to
the standards in Sec. 4-30-50(e). The CDU may be either attached to a single-
family dwelling unit ("principal dwelling") or other use or may be detached from
the principal dwelling or other allowed use if it complies with the standards in
Sec. 4-30-50(e).
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review(GMQS Exemption for Caretaker Dwelling Units
Section 2 — Adjusted Envelopes and Parcels
1
til Not a mmala r Sims*
OworMler Easement
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Total Ranch
1,490.988 Acres±
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Capitol Creek Ranch
Pitkin County, Colorado
Adjusted Lotting with Envelopes & Zoning
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
Section 3 - Disclosure and Proof of Ownership of the Property
(See Exhibit: Proforma Title Report provided by Pitkin County Title)
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111 Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
111
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• Section 4 — Street Address, Legal Description, and Vicinity Map
• Street Address: 4516 Capitol Creek Road
• Snowmass, CO 81654
• Legal Description:
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A Parcel of Land Situated in Sections 19, 20, 30 and 31, Township
9 South, Range 86 West of the 6th P.M. and Sections24, 25 and
36, Township 9 South, Range 87 West of the 6th P.M., County of
Pitkin, State of Colorado (See attached Exhibit: Proforma Title
Report provided by Pitkin County Title)
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Company Creek Ranch Capitol Minor Amendments to BOCC Resolution No.190-2002 &
P� P Y -
Special Review/GMQS Exemption for Caretaker Dwelling Units
Section 5 - Consent from the Owner of the Property
December 6, 2012
G
l) Ms. Suzanne Wolff
Pitkin County Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
[) Re: Owner Letter of Consent
Dear Suzanne:
We have retained the professional services of Douglas Pratte of the Land Studio Inc. to
prepare our Minor Amendments to BOCC Resolution No.190-2002 & Special
Review/GMQS Exemption for Caretaker Dwelling Units on Capitol Creek Ranch. We
hereby authorize Douglas Pratte of The Land Studio, Inc. to represent us with respect to
the application being submitted to your office and to represent us in meetings with Pitkin
County.
Should you have any need to contact us during the course of your review of this
application, please do so through The Land Studio, Inc. per the following contact
information:
Douglas J. Pratte
The Land Studio, Inc.
365 River Bend Way
Glenwood Springs, CO 81601
(970) 927-3690 phone
Iandstudio2@comcast.net
9
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Capitol Creek Ranch Company by Steven P. Child
D
Sincerely,
Pee-, C, 2o/L
Date
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
Section 6 - List of Property Owners within 300' and Mineral Estate
Owners
Capitol Creek Ranch
Property Owners within 300'
264530300006
Nickelson Creek Ranch LP
3815 Lisbon Suite 203
Fort Worth, TX 76107
264530300006
Maurin Investment Co
1979 Capitol Creek Rd.
Snowmass, CO 81654
264725300014
Barbara Reese
P.O. Box 777
Snowmass, CO 81654
264725300008
Munsell F Darrell & Jane R Trustees
P.O. Box 1485
Carbondale, CO 81623
264724400009
Snowmass Res Partnership
7902 S. Elati Circle
Littleton, CO 80120
264724100004
264517400001
St. Benedicts Monastery
1012 Monastery Rd
Snowmass CO 81654
264725300011
Rupert Thomas & Carol Jean
8000 Capitol Creek Rd
Snowmass, CO 81654
264518301005
Big Rock Ranch LLC
752 Meadowood Dr.
Aspen, CO 81611
264518301003
264518201001
Subterrene II LLC
CIO Krabacher & Sanders PC
201 N. Mill St. #201
Aspen, CO 81611
264529301001
Harvey Constance Rev Trust
421 D AABC
Aspen, CO 81611
Capitol Creek Ranch
Mineral Estate Owners
The United States of America — no address
given.
St. Benedicts Monastery
1012 Monastery Rd
Snowmass CO 81654
Fierman Arbaney, Alex F. Arbaney and
Laurent Arbaney, Jr.*
CIO Judith Kittle
PO Box 109
Basalt, CO 81621
C/O Kelvin Arbaney
10 North Ridge Ct.
Parachute, CO 81635
CIO Richard Arbaney
606 1/2 Pioneer Rd.
Grand Junction, CO 81504
CIO Patsy Mayhugh
319 Taos Dr.
Grand Junction, CO 81503
* No address provided at Assessor's Office.
Addresses researched by Steve Child.
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
111
Section 7 - Agreement for Payment of Land Use Application Fees
PITKIN COUNTY (hereinafter COUNTY) and Capitol Creek Ranch Company (hereinafter
APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Minor Amendments to
BOCC Resolution No. 190-2002 & Special Review/GMQS Exemption for Caretaker Dwelling
Units (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness. The fee structure is based
on the County's policy that development shall pay, in full, the cost of development review in
Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the
expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the
proposed project, it may not be possible at the time of application to ascertain the full extent of
the costs involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land
use applications shall accumulate if an application includes more than one type of land use
review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY
staff to complete processing or present sufficient information to the Planning Commission and/or
Board of County Commissioners to enable the Planning Commission and/or Board of County
Commissioners to make legally required findings for project approval, unless current billings are
paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of
its right to collect full fees prior to a determination of application completeness, APPLICANT
shall pay a base fee in the amount of $2,505.00 which is based on 6 hours of staff time, and if
actual time spent by staff exceeds 7.2 hours, the Applicant will be charged for additional time in
excess of 6 hours at a rate of $312/hour to process the application. The COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued
costs shall be grounds for suspension of processing.
PITKIN COUNTY APPLICANT
Cindy Houben
Community Development Director
Effective 1/26/10
G:countyladminlformslagreement to pay
Capitol Creek Ranch Company by Steven F. Child
Print ame
S f-= - (-1
Signature
Date: December 6, 2012
Mailing Address:
P.O. Box 444
Snowmass, Colorado 81654
uLUU19
Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
16
Section 8 - Pre -Application Conference Summary Sheet
PITKIN COUNTY PRE-APPL1CATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920-5093
suzannewAco.pitkin.co.us
LOCATION: Capitol Creek Ranch
PARCEL ID #s: 264519200002
Rural/Remote
DATE: 11/28/11
E-MAIL:
ZONE: RS-30 &
OWNER/APPLICANT: Capitol Creek Ranch Company
REPRESENTATIVE: EMAIL:
Type of Application: Minor Amendments to BOCC Resolution No. 190-2002 & Special
Review/GMQS Exemption for Caretaker Dwelling Units
Description of Project/Development: Applicant is requesting to amend the approvals granted in
BOCC Resolution No. 190-2002 as follows:
• Amend the boundaries of the previously represented 35 acre parcels (the 35 acre subdivision
exemption plat has not been recorded);
• Amend the envelopes on each of the 7 sites to allow 2 acre envelopes, with the additional acre
to be limited to septic system and/or well;
• Relocate the driveway to Parcel #3.
In addition, the Applicant is requesting approval for an attached caretaker dwelling unit on each
parcel, with the exception of Parcel 4, where a detached caretaker dwelling unit would be
allowed
Land Use Code Sections to Address:
• 1-80-40(a): Most Restrictive Zone Governs — the reconfigured parcels will include areas of the
property that are zoned Rural/Remote, whereas the originally approved parcels were only
within the RS-30 zone district. This provision did not exist in the Code in effect in 2002 and is
not applicable, since the vested rights do not expire until 2022.
• 2-20-150.b: Minor Amendment to Development Permit
• 2-30-30(h): Special Review criteria for caretaker dwelling unit
• 4-30-50(e)(1)(2): Caretaker Dwelling Unit
• 6-30-40(c): GMQS Exemption for CDU
Review by: BOCC
Public Hearing? NO. However, 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 Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code.
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No,190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
In addition, the Applicant shall mail notice (by certified mail) to all owners within 300' of the
property and mineral estate owners 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. A property owner receiving the
public notice shall have 2 weeks from the date the notice was postmarked to submit comments
or objections to the Community Development Department.
Staff will refer to: Snowmass/Capitol Creek Caucus, Housing
FEES: $2,505 (make check payable to "Pitkin County Treasurer")
• $1,872 Planning flat fee (non-refundable; based on 6 hours of staff time; if staff review time
exceeds 7.2 hours, the Applicant will be charged for additional time in excess of 6 hours at a
rate of $312/hour)
• $375 Clerk
• $179 Housing
• $54 Public Notice
• $25 Clerk Technology Fee
To apply, submit 7 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, summarizing prior approvals and addressing
compliance with the Code sections listed above.
2. Draft 35 acre Subdivision Exemption Plat
3. Draft Activity Envelope Plan
4. Disclosure and proof of ownership of the property, consisting of a current certificate from a
title insurance company or attorney licensed to practice law in the State of Colorado, listing
the names of all owners of the property and all mortgagees, judgments, liens, easements,
contracts and agreements affecting use and development of the parcel and proof of the
owner's right to use the land for the purposes identified in the development application.
5. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11"
vicinity map locating the subject property within Pitkin County;
6. Total fee for review of the application
7. Executed Pitkin County Community Development Agreement for Payment of Land Use
Application Fees (form attached);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. Copy of this preapp form (1 copy)
NOTES:
Y PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPIES OF YOUR COMPLETE
APPLICATION. Other copies may be two-sided.
Y INCLUDE THE PARCEL ID NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
Y 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.
�J�i21
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
Section 9 - Exhibits
1. Agricultural Structures Floor Areas
2. Proforma Title Report
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
Exhibit 1
Agricultural Structures Floor Areas
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• Special Review/GMQS Exemption for Caretaker Dwelling Units
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
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Capitol Creek Ranch Company - Minor Amendments to BOCC Resolution No.190-2002 &
Special Review/GMQS Exemption for Caretaker Dwelling Units
Exhibit 2
Proforma Title Report
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PROFORMA TITLE REPORT
SCHEDULE A
1. Effective Date: August 13, 2012 at 8:00 AM Case No. PCT23539P
2. Policy or Policies to be issued:
Proposed Insured.
PROFORMA
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in.
CAPITOL CREEK RANCH COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E HOPKINS, ASPEN, CO 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
U1J023
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in Section 19, the W%2WY2 Section 20 and Section 30, Township 9 South, Range 86 West of the
Sixth Principal Meridian, and the E'/E'/ Section 24, Section 25 and the N1/4 Section 36, County of Pitkin, State of
Colorado, said parcel being more particularly described as follows:
Beginning at the Northeast Corner of said Section 30 the point of beginning: thence S 00°34'47" E along the Easterly
Boundary of said Section 30 a distance of 1,318.11 feet to the Southeast Corner of the NE%NE1/4 of said Section 30;
thence leaving said Easterly Boundary N 89°59'09" W along the Southerly Boundary of said NE'/4NE%4 a distance of
1,316.73 feet to the SW Corner of said NE1/4NE1/4; thence leaving said Southerly Boundary S 00'58'06" E along the
Easterly Boundary of the SW1/4NE1/4 of said Section 30 a distance of 1,316.13 feet to the Southeast Corner of said
SW%4NEA; thence leaving said Easterly Boundary S 00°58'09" E along the Easterly Boundary of the W'/2SE'/4 of said
Section 30 a distance of 2,637.51 feet to the SE Corner of said W%2SE'/4; thence leaving said Easterly boundary N
89°58'49" W along the Southerly Boundary of said W%2SE'/4 a distance of 1,289.88 feet to the South Quarter Corner of
said Section 30; thence leaving said Southerly Boundary N 89°11'53" W along the Southerly Boundary of said Section 30 a
distance of 118.24 feet to the North Quarter Corner of Section 31, Township 9 South, Range 86 West of the 6th P.M.;
thence continuing along said Southerly Boundary N 89°31'12" W a distance of 1,068.81 feet, to a point on an existing
fence; thence leaving said Southerly Boundary generally following said fence the following six (6) courses:
1) N 06°31'34" E a distance of 18.53 feet
2) N 11 °31' 11" W a distance of 505.86 feet
3) N 15°46'53" W a distance of 320.49 feet
4) N 19°03'40" E a distance of 359.18 feet
5) N 00°16'03" W a distance of 107.45 feet
6) N 63°31'38" W a distance of 101.14 feet to a point on the Northerly Boundary of the SEY4SWY4 of said Section 30;
thence leaving said fence N 87°59'04" W along the Northerly Boundary of said SEY4SW% a distance of 46.26 feet to the
Northeast Corner of Gov't Lot 4 of said Section 30; thence leaving the Northerly Boundary of said SEY4SW1/4 N 89°41'52"
W along the Northerly Boundary of said Gov't Lot 4 a distance of 1,361.69 feet to the Northwest Corner of said Gov't Lot 4;
thence leaving said Northerly Boundary S 00°04'49" E along the Westerly Boundary of said Gov't Lot 4 a distance of
219.12 feet to a point in an existing fence; thence leaving said Northerly Boundary generally following said existing fence
the following eleven (11) courses:
1) S 09°35'29" W a distance of 47.70 feet
2) S 46°55'49" W a distance of 224.15 feet
3) S 36°22'52" W a distance of 300.08 feet
4) S 28°17'28" W a distance of 295.54 feet
5) S 43°55'11" W a distance of 306.05 feet
6) S 44°45'06" W a distance of 550.80 feet
7) S 50'57'40" W a distance of 282.20 feet
8) S 48°42'56" W a distance of 566.44 feet
9) S 56°40'40" W a distance of 228.49 feet
10) S 44°31'13" W a distance of 590.91 feet
11) S 56°47'25" W a distance of 337.65 feet to a point on the Easterly Boundary of Gov't Lot 6 said Section 36; thence
leaving said existing fence S 00°09'04" W along the Easterly Boundary of said Gov't Lot 6 a distance of 586.62 feet, to the
Southeast Corner of said Gov't Lot 6; thence leaving said Easterly Boundary S 89°57'01" W along the Southerly Boundary
of Gov't Lots 5 and 6 of said Section 36 a distance of 2,628.42 feet, to the Southwest Corner of said Gov't Lot 5; thence
leaving said Southerly Boundary N 00°09'59" E along the Westerly Boundary of said Gov't Lot 5 a distance of 1,331.55
feet, to the Northwest Corner of said Gov't Lot 5; thence leaving said Westerly boundary N 00°22'19" E along the Westerly
Boundary of Gov't Lot 4 of said Section 36 a distance of 920.25 feet to the Northwest Corner of said Section 36; thence
leaving said Westerly Boundary N 89°49'00" E along the Northerly Boundary of said Section 36 a distance of 1,312.31 feet
to the Southwest Corner of the SE1/4SW'/4 of said Section 25; thence leaving said Southerly Boundary N 00°06'11" W
along the Westerly Boundary of said Section SE1/4SW1/4 a distance of 1,312.16 feet, to the Northwest Corner of said
SE1/4SW%; thence leaving said Westerly Boundary N 89°53'52" E along the Northerly Boundary of said SE%4SW%4 a
distance of 1,309.63 feet to the Northeast Corner of said SE'/4SW%4; thence leaving said Northerly Boundary N 00°13'12"
W along the Westerly Boundary of the NE%4SE'/4 of said Section 25 a distance of 387.83 feet to a point in the existing
fence; thence leaving said Westerly Boundary generally following said existing fence the following six (6) courses:
1) N 29°24'55" E a distance of 514.76 feet
2) N 39°55'39" E a distance of 179.66 feet
3) N 33°40'44" E a distance of 401.15 feet
4) N 40°33'21" E a distance of 541.27 feet
J0029
5) N 58°04'46" E a distance of 408.70 feet
6) N 54°51'32" E a distance of 22.52 feet to a point on the Westerly boundary of the E'/zNE'/a of said Section 25; thence
leaving said existing fence N 00°08'02" W along said Westerly Boundary a distance of 1,987.02 feet to the Northwest
Corner of said E'/%NE%; thence leaving said Westerly Boundary S 89°42'01" E along the Northerly Boundary of said
E'/zNE% a distance of 1,316.85 feet to the Northeast Corner of said Section 25; thence leaving said Northerly Boundary N
00°00'20" E along the Easterly Boundary of said Section 24 a distance of 1,255.00 feet to a point on an existing fence;
thence leaving said Easterly Boundary generally following said existing fence the following seven (7) courses:
1) S 82°50'20" W a distance of 15.00 feet
2) N 00°50'40" W a distance of 993.00 feet
3) N 62'49'40" W a distance of 334.00 feet
4) N 19°22'40" W a distance of 217.00 feet
5) N 58°15'40" W a distance of 14.00 feet
6) N 89°01'40" W a distance of 273.00 feet
7) N 03°32'40" W a distance of 388.28 feet to a point in the centerline of Capitol Creek Road as constructed in place;
�• thence along said centerline the following forty-five (45) courses'
1) N 35°59'23" E a distance of 211.92 feet;
2) along the arc of a curve to the left having a radius of 765.49 feet and a central angle of 07°29'21" a distance of 100.06
feet (chord bears N 32°14'43" E 99.99 feet)
3) N 28°30'02" E a distance of 200.49 feet
4) along the arc of a curve to the right having a radius of 744.03 feet and a central angle of 22°08'17" a distance of 287.48
feet (chord bears N 39°34'11" E 285.70 feet)
5) N 50°38'19" E a distance of 58.04 feet
6) along the arc of a curve to the left having a radius of 1,190.86 feet and a central angle of 06°10'49" a distance of 128.45
feet (chord bears N 47°32'55" E 128 39 feet)
7) N 44°27'31" E a distance of 96.31 feet
8) along the arc of a curve to the right having a radius of 872.68 feet and a central angle of 23°16'52" a distance of 354.60
feet (chord bears N 56°05'56" E 352.16 feet)
9) N 67°44'22" E a distance of 34.28 feet
10) along the arc of a curve to the left having a radius of 365 70 feet and a central angle of 15°25'20" a distance of 98.44
feet (chord bears N 60°01'42" E 98.14 feet)
11) N 52°19'02" E a distance of 42 83 feet
12) along the arc of a curve to the right having a radius of 324 74 feet and a central angle of 13°08'35" a distance of 74.49
feet (chord bears N 58°53'19" E 74.33 feet)
13) N 65°27'37" E a distance of 62.82 feet
14) along the arc of a curve to the left having a radius of 2,477.51 feet and a central angle of 05°14'21" a distance of
226.54 feet (chord bears N 62°50'26" E 226.46 feet)
15) N 60°13'16" E a distance of 103.17 feet
16) along the arc of a curve to the right having a radius of 163.56 feet and a central angle of 46°47'32" a distance of
133.58 feet (chord bears N 83°37'02" E 129.89 feet)
17) S 72°59'12" E a distance of 17.63 feet
18) along the arc of a curve to the left having a radius of 164.95 feet and a central angle of 45°37'03" a distance of 131.33
feet (chord bears N 84°12'17" E 127.88 feet)
19) N 61 °23'45" E a distance of 70.00 feet
20) along the arc of a curve to the right having a radius of 2,605.46 feet and a central angle of 04°35'04" a distance of
208.48 feet (chord bears N 63°41'18" E 208.42 feet)
21) N 65°58'50" E a distance of 228 26 feet
22) along the arc of a curve to the left having a radius of 488.66 feet and a central angle of 16°04'48" a distance of 137.14
feet (chord bears N 57°56'25" E 136.69 feet)
23) N 49°54'01" E a distance of 53.11 feet
24) along the arc of a curve to the right having a radius of 179.59 feet and a central angle of 24°05'13" a distance of 75.50
feet (chord bears N 61°56'38" E 74.94 feet)
25) N 73°59'14" E a distance of 131.13 feet
26) along the arc of a curve to the left having a radius of 501.30 feet and a central angle of 10°05'33" a distance of 88.30
feet (chord bears N 68°56'28" E 88.19 feet)
27) N 63°53'41" E a distance of 233 05 feet
28) along the arc of a curve to the right having a radius of 146.55 feet and a central angle of 13°24'59" a distance of 34.32
feet (chord bears N 70°36'11" E 34.24 feet)
29) N 77°18'41" E a distance of 120.26 feet
30) along the arc of a curve to the right having a radius of 118.27 feet and a central angle of 60°55'02" a distance of
125.75 feet (chord bears S 72°13'48" E 119 91 feet)
31) S 41 °46' 18" E a distance of 32.90 feet
32) along the arc of a curve to the left having a radius of 247.36 feet and a central angle of 49°18'08" a distance of 212.85
feet (chord bears S 66°25'22" E 206 34 feet)
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33) N 88°55'34" E a distance of 277.01 feet
34) along the arc of a curve to the right having a radius of 159.42 feet and a central angle of 34°22'25" a distance of 95.64
feet (chord bears S 73°53'13" E 94.21 feet)
35) S 56'42'01" E a distance of 30.71 feet
36) along the arc of a curve to the left having a radius of 134.48 feet and a central angle of 47°28'17" a distance of 111.42
feet (chord bears S 80'26'09" E 108.26 feet)
37) N 75°49'42" E a distance of 235.64 feet
38) along the arc of a curve to the right having a radius of 474.82 feet and a central angle of 13°40'29" a distance of
113.33 feet (chord bears N 82°39'57" E 113.06 feet)
39) N 89°30'11" E a distance of 231.91 feet
40) N 89°30'11" E a distance of 243.90 feet
41) along the arc of a curve to the right having a radius of 163.61 feet and a central angle of 15°52'35" a distance of 45.34
feet (chord bears S 82°33'32" E 45.19 feet)
42) S 74°37'14" E a distance of 65.31 feet
43) along the arc of a curve to the left having a radius of 122.95 feet and a central angle of 70'03'20" a distance of 150.33
feet (chord bears N 70°21'06" E 141.14 feet)
44) N 35°19'26" E a distance of 126.73 feet
45) along the arc of a curve to the right having a radius of 1,615.79 feet and a central angle of 04°05'38' a distance of
115.45 feet (chord bears N 37°22'15" E 115.43 feet) to a point of intersection with Nickelson Creek Road; thence leaving
said centerline of Capitol Creek Road along the center line of Nickelson Creek Road the following fifteen (15) courses:
1) S 21°25'12" W a distance of 113.57 feet
2) along the arc of a curve to the right having a radius of 586.30 feet and a central angle of 09°35'28" a distance of 98.14
feet (chord bears S 26°12'56" W 98.03 feet)
3) S 31 °00'40" W a distance of 39.56 feet
4) along the arc of a curve to the right having a radius of 293.00 feet and a central angle of 25°37'23" a distance of 131.03
feet (chord bears S 43°49'22" W 129.94 feet)
5) S 56°38'02" W a distance of 42.15 feet
6) along the arc of a curve to the left having a radius of 199.72 feet and a central angle of 10°39'39" a distance of 37.16
feet (chord bears S 51 °18'13" W 37.11 feet)
7) S 45°58'24" W a distance of 49.66 feet
8) along the arc of a curve to the left having a radius of 40.06 feet and a central angle of 69°57'05" a distance of 48.91 feet
(chord bears S 10°59'51" W 45.93 feet)
9) S 23°58'42" E a distance of 55.72 feet
10) along the arc of a curve to the right having a radius of 166.04 feet and a central angle of 33°10'22" a distance of 96.13
feet (chord bears S 07°23'31" E 94.80 feet)
11) S 09°11'40" W a distance of 96.29 feet
12) along the arc of a curve to the left having a radius of 437.80 feet and a central angle of 15°59'27" a distance of 122.19
feet (chord bears S 01°11'56" W 121.7'9 feet)
13) S 06°47'47" E a distance of 38.31 feet
14) along the arc of a curve to the right having a radius of 717.51 feet and a central angle of 06°34'29" a distance of 82.34
feet (chord bears S 03°30'33" E 82.29 feet)
15) S 00°13'18" E a distance of 50.04 feet to a point in an existing gate; thence leaving said centerline N 82'47'18" E along
said gate a distance of 5.18 feet to a point in an existing fence; thence generally following said existing fence the following
fifty-three courses:
1) N 79°05'13" E a distance of 6.69 feet
2) S 01 °04'28" E a distance of 76.08 feet
3) S 01 °49'41" E a distance of 71.51 feet
4) 5 04°24'08" E a distance of 43.98 feet
5) 5 07°31'48" E a distance of 31.96 feet
6) S 24°24'17" E a distance of 9.56 feet
7) S 24°24'17" E a distance of 5.50 feet
8) S 28°45'01" E a distance of 116.09 feet
9) N 72°04'33" E a distance of 146.14 feet
10) N 71°41'14" E a distance of 132.05 feet
11) N 72°32'00" E a distance of 34.60 feet
12) N 72'32'00" E a distance of 83.32 feet
13) N 72°43'08" E a distance of 253.08 feet
14) N 69°05'46" E a distance of 55.40 feet
15) N 71 °18'25" E a distance of 40.09 feet
16) N 71 °28'33" E a distance of 79.33 feet
17) N 72°21'37" E a distance of 133.40 feet
18) S 24°25'28" E a distance of 137.34 feet
19) S 23°40'36" E a distance of 101.83 feet
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20) S 23°40'36" E a distance of 6.19 feet
21) S 23°20'42" E a distance of 245.46 feet
22) S 05°56'12" E a distance of 69.46 feet
23) S 05°56'12" E a distance of 112.76 feet
24) S 14°46'15" W a distance of 44 61 feet
25) S 14°46'15" W a distance of 42.17 feet
26) S 15°01'15" W a distance of 251.66 feet
27) S 15°10'19" W a distance of 154.34 feet
28) S 14°34'26" W a distance of 99.88 feet
29) S 16°03'57" W a distance of 97.31 feet
30) S 14°53'43" W a distance of 64 98 feet
31) S 14°46'19" W a distance of 29.53 feet
32) S 15°49'23" W a distance of 58.66 feet
33) S 12°58'13" W a distance of 58.31 feet
34) S 43°55'58" W a distance of 31.54 feet
35) S 34°33'12" E a distance of 22.87 feet
36) S 11°16'10" W a distance of 67.81 feet
37) S 36°09'26" W a distance of 20.14 feet
38) S 25°33'03" W a distance of 16.94 feet
39) S 16°05'41" W a distance of 43.53 feet
40) S 18°22'32" W a distance of 52.92 feet
41) N 85°36'16" W a distance of 17.06 feet
42) S 15°08'52" W a distance of 69.83 feet
43) S 11 °25'48" W a distance of 120.52 feet
44) S 12°09'10" W a distance of 45 41 feet
45) S 11 °22'53" W a distance of 33 54 feet
46) S 12'44'05" W a distance of 58.09 feet
47) S 09°19'52" W a distance of 51.69 feet
48) S 32°02'21" E a distance of 73.22 feet
49) S 32°28'46" E a distance of 56.95 feet
50) S 33°14'57" E a distance of 115 06 feet
51) S 32°28'23" E a distance of 130.24 feet
52) S 33°48'03" E a distance of 118.09 feet
53) S 33°03'14" E a distance of 227.37 feet; thence leaving said existing fence S 33°03'14" E a distance of 217.29 feet;
thence S 00°06'25" E a distance of 1,287.84
feet to a point on the Southerly boundary of said Section 20; thence N 89°14'15" W along said Southerly line a distance of
118.19 feet to the point of beginning
ju J32
SCHEDULE B - SECTION 1
REQUIREMENTS
THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE
INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENTA PROPOSED INSURED IS NAMED THE
COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS
DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE
COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO
ISSUE ANY POLICIES OF TITLE INSURANCE
A Statement of Authority was recorded for Capitol Creek Ranch Company on June 16, 2003 as Reception
No. 484033, evidencing that Steven F. Child is the authorized person to bind the transaction contemplated
herein.
oouB33
0,10101011
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable, and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded April
17, 1905 in Book 55 at Page 147
8. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded May
14, 1917 in Book 55 at Page 221.
9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded May
24, 2027 in Book 55 at Page 586.
10. Right of way for ditches or canals constructed by the authority of the United States and all the coal and
other minerals in the lands so entered and patented, together with the right to prospect for, mine and
remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stets.,
862) and excepting that certain Forest Trail and all appurtenances thereto, together with the right of the
United States, its officers, agents or employees to maintain, operate, repair or improve the same so long
as needed or used by the United States, as reserved in United States Patent recorded July 17, 1933 in
Book 162 at Page 327.
11. Right of way for ditches or canals constructed by the authority of the United States and excepting that
certain roadway and ail appurtenances thereto, constructed by the United States through, over or upon the
land herein patented, and the right of the United States, its officers, agents, or employees to maintain,
operate, repair, or improve the same so long as needed or used for or by the United States, as reserved in
United States Patent recorded July 17, 1933 in Book 162 at Page 327.
12. Right of way for ditches or canals constructed by the authority of the United States excepting and
reserving to the United States, pursuant to the act of August 1, 1946 (60 Stat. 755), all uranium, thorium or
any other material which is or may be determined to be peculiarly essential to the production of fissionable
materials, whether or not of commercial value, together with the right of the United States through it
authorized agents or representatives at any time to enter upon the land to prospect for, mine and remove
the same, as reserved in United States Patents recorded August 28, 1953 in Book 180 at Page 183
13. Reservation of any undivided one-half of all oil, gas and other minerals as set forth in Deeds recorded April
24, 1961 in Book 193 at Page 581.
14. Right of way for Nickelson Creek Road
(Continued)
--uUUU34
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
15. Right of way for existing ditches and laterals. -
16. Easements, rights of way and al] matters as disclosed on Plat of subject property recorded June 17, 1980 in
Plat Book 9 at Page 75.
17. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board
of County Commissioners recorded October 22, 2002 as Reception No. 473825 as Resolution No. 190-2002.
18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board
of County Commissioners recorded January 2, 2003 as Reception No. 476804 as Resolution No. 65-2002.
19. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 027, Series of 2002 by
Pitkin County Board of County Commissioners recorded January 16, 2003 as Reception No. 477431.
20. Terms, conditions, provisions and obligations as set forth in Public Trail Easement recorded April 15, 2003 as
Reception No. 481434.
21. Easements, rights of way and all matters as disclosed on Plat of subject property recorded April 15, 2003 in
Plat Survey Book 65 at Page 19.
22. Terms, conditions, provisions and obligations as set forth in Quit Claim Deeds to St Benedicts Monastery
recorded April 15, 2003 as Reception No. 481436 and as Reception No. 481437 and as Reception No.
481439.
23. Terms, conditions, provisions and obligations as set forth in Mineral Interest Quit Claim Deed recorded April
15, 2003 as Reception No. 481438.
24. Terms, conditions, provisions and obligations as set forth in Quit Claim Deeds from St Benedicts Monastery
recorded April 15, 2003 as Reception No. 481440 and as Reception No. 481.441.
25. Terms, conditions, provisions and obligations as set forth in Quit Claim Deeds from Nickelson Creek Ranch,
L.P. recorded April 15, 2003 as Reception No. 481442 and as Reception No. 481443.
26. Terms, conditions, provisions and obligations as set forth in Quit Claim Deeds from Marie Maurin Property
Family Company, LLLP recorded April 15, 2003 as Reception No. 481444 and as Reception No. 481445.
27. Terms, conditions, provisions and obligations as set forth in Deed Restriction recorded June 5, 2003 as
Reception No. 483643.
28. Terms, conditions, provisions and obligations as set forth in General Warranty Deed to the Conservation Fund
recorded July 17, 2003 as Reception No. 485486.
29. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed to Capitol Creek Ranch
Company recorded July 17, 2003 as Reception No. 485487.
30. Terms, conditions, provisions and obligations as set forth in Special Warranty Deed from the Conservation
Fund recorded July 17, 2003 as Reception No. 485488.
31. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed recorded July 17, 2003 as
Reception No. 485489. -
32. Easement and right of way for Conservation Easement as set forth in Deed of Conservation Easement
granted to Pitkin County recorded July 17, 2003 as Reception No. 485490.
33. Terms, conditions, provisions and obligations as set forth in Memorandum of Option for North Conservation
Easement with Pitkin County Board of County Commissioners recorded July 17, 2003 as Reception No.
485492 and Assignment of Option for Purchase recorded July 17, 2003 as Reception No. 485493.
(Continued)
OUU035
•
a
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
34. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 10,
2003 in Plat Book 67 at Page 95.
35. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed for Water and Ditch Rights
recorded June 11, 2010 as Reception No. 570430.
JUGU36
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021 012 333
REFERENCE. PCT23539P/PROFORMA
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• • • • • • • • • • • • • • • • • • • • • • • 111 II • • • • • • • • • • • • • • • • • • •
MISCELLANEOUS
DOCUMENTS