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Home My WebLink Aboutbocc.con.303.2013 RECEPTION#: 598085, 03/28/2013 at CONTRACT#5 3oa -30-2a3 11:53:46 AM, qq ��" / 1 OF 5, R $0.00 Doc Code RESOLUTION (,4-ituca.ect) Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO THE BARTA PARCEL SUBDIVISION/PUD DETAILED SUBMISSION AND FINAL PLAT, SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT TO THE ROARING FORK MEADOWS SUBDIVISION/PUD,ACTIVITY ENVELOPE/SITE PLAN REVIEW FOR COMMON PARCEL 2,AND VESTED RIGHTS EXTENSION Resolution No.t 3-2013 RECITALS • I. Roaring Fork Meadows LLC and The Ned S. Holmes Profit Sharing Plan("Applicant")has applied to the Board of County Commissioners of Pitkin County,Colorado("BOCC")to request detailed submission and final plat approval to subdivide the Barta Parcel into two lots; to amend the Roaring Fork Meadows Subdivision/PUD(f/k/a Morrow/Wingo Junction Ranch Subdivision/PUD)to include the two new lots(as Lots 6 and 7); to establish an activity envelope and obtain Site Plan Review approval for a recreational facility on Common Parcel 2; and to extend the vested rights . 2. The Barta Parcel is located at 102 Sherman Lane, and is described as Parcel 3, Barta Family Subdivision. The subdivision/PUD lots are described as Lots 1-5 and Common Parcels 1 and 2, Roaring Fork Meadows Subdivision/PUD. 3. The Barta Parcel is zoned AR-10 and contains 10 acres. The Roaring Fork Meadows lots are zoned AR-l0. Lots 1-5 contain 14.188, 7.054, 7.533, 7.973 and 8.274 acres, respectively; Common Parcels 1 and 2 contain 14.247 and 5.509 acres. 4. The BOCC approved the Barta Family Subdivision in 1982, pursuant to Resolution No. 82-127, via the now defunct Agricultural Lot Split provision of the Code. The original 73 acre parcel was divided into three parcels: Parcel I contained 3 acres, Parcel 2 contained 59.57 acres, and Parcel 3 contained 10 acres. Following the approval,a residence was built on Parcel 3 by Darwin Barta. Parcel I was intended to be conveyed to the Archdiocese for development of a church, but this plan was abandoned, and Parcels 1 and 2 were sold to Bob Morrow. Mr. Morrow subsequently obtained approvals to resubdivide Parcels 1 and 2 into the Morrow/Wingo Junction Ranch Subdivision/PUD, which consists of: 5 free market, single family residential lots; one common parcel that contains two employee housing units and agricultural buildings; one common parcel along the Roaring Fork River; and a one acre tract adjacent to the Rio Grande Trail and the pedestrian bridge over the highway that was conveyed to the county for a limited use trailhead parking lot. 5. The Applicant applied in 2010 to subdivide the Barta Parcel into two lots, establish activity envelopes on the two lots,to obtain a fathering parcel growth management exemption for proposed Lot 6 and a growth management allotment for proposed Lot 7,to amend the Roaring Fork Meadows Subdivision/PUD plat to include the two new lots,and to rezone the Barta Parcel with a PUD designation. Approval was granted pursuant to Planning and Zoning Commission Resolution No. PZ-8- 2010, BOCC Resolution Nos. 016-2012 and 017-2012, and BOCC Ordinance No. 05-2012. 6. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly scheduled meeting on November 13, 2012, and recommended approval by a vote of 4-0. Resolution No.03 2013 Page 2 7. The BOCC considered the proposed application at duly noticed public hearings on January 9 and 23, 2013. 8. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code and the conditions of BOCC Resolution No. 016-2012. 9. The BOCC further finds that the Activity Envelope and Site Plan for the recreational facility on Common Parcel 2 complies with the applicable provision of the Code and BOCC Resolution No. 016-2012, as follows: A. The Activity Envelope avoids slopes in excess of 30% and the 100 year floodplain; complies with the 100' setback from the high water line of the Roaring Fork River; and is within a medium wildfire hazard area and the hazard can be mitigated. B. The proposed recreational facility is not visible from Highway 82, and, therefore, is exempt from Scenic View Protection Review. C. The recreational facility will be accessed by the existing road. D. Siting the recreational facility on the lower bench will reduce impacts on neighboring properties and users of the Rio Grande Trail. E. The proposed recreational facility complies with the limitations set forth in Resolution No. 016- . 2012 as follows: maximum of 750 square feet; one story and a maximum height of 20' to the top of the roof ridge; no kitchen, bath facility or bedrooms; and is not served by a well or traditional on- site wastewater treatment facility. Water will be stored on-site and a composting or other"green" alternative toilet facility will be installed; and electric and gas lines may be extended to the facility. 10. The BOCC further finds that: (1) the valuation of the property and the improvements proposed to be made under the approvals will be significantly higher relative to the value of any agricultural products produced and that it is unlikely for the Applicant to generate enough revenue from commercial agricultural activities to sustain a viable agricultural operation; and (2)the approvals when fulfilled change the primary and fundamental use of the land from being agricultural. Therefore, the Applicant shall be required to record a Covenant prohibiting commercial agricultural activity, pursuant to Sec. 2-20-10(e)of the Code. 11. The BOCC further finds it is appropriate to grant a 5 year extension of the vested rights for the entire subdivision/PUD, as amended to include Lots 6 and 7, subject to a requirement for Site Plan Review for all of the lots. NOW,THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the Barta Parcel Subdivision/PUD Detailed Submission and Final Plat, Roaring Fork Meadows Subdivision/PUD Major Plat Amendment, and Activity Envelope/Site Plan Review for Common Parcel • 2, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. All material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere with the conditions of BOCC Resolution Nos. 016-2012 and 017-2012 • unless otherwise replaced or amended by the conditions of this approval. 5 Resolution No.03-2013 Page 3 3. The Final Plat and associated documents (Amended PUD Guide, GMQS Covenant, Covenant Prohibiting Commercial Agricultural Activities, Vested Property Rights Agreement, Activity Envelope Plans or Lots 6 and 7, and Activity Envelope/Site Plan for Common Parcel 2) shall be recorded within 180 days of the date of this approval, unless an extension is approved by the Community Development Director for cause. 4. The Final Plat shall be amended as follows, prior to recordation. The plat shows an "emergency ingress and egress easement for the benefit of emergency service providers for the purpose so designated." The easement is not solely for emergency access, and shall be amended to ensure access to the public, including owners of Hoaglund Ranch lots and other users of the road. 5. Prior to submission of any building or other development permit applications for Lots 1-7, the Applicant shall 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. 6. With the building permit application for a recreational facility on Common Parcel 2,the Applicant shall: A. Provide proof of water storage on-site. B. Obtain an access permit for any road improvements, which shall be approved by the Planning/Zoning. C. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. D. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. If the project disturbs more than one acre,a State StormwaterPermit shall be obtained prior to permit issuance. All historic and natural drainage patterns shall be maintained. E. Pay the applicable road and employee housing impact fees. F. Obtain a permit for a composting or other"green"alternative toilet facility from the Environmental Health and Natural Resources Department. G. Submit a construction management plan for review and approval by the Planning Engineer. H. Submit a detailed landscape plan and revegetation plan. I. Provide documentation that the hydrant at the end of Tejas Trail has been accepted by the Basalt and Rural Fire Protection District. The hydrant must be serviced, turned toward the street and tested by the fire department before acceptance. 7. The Applicant shall comply with the following defensible space mitigation standards for the recreational facility on Common Parcel 2, in addition to the standards included in condition#9 of BOCC Resolution No. 016-2012: A. Around the proposed cabin and beyond the furthermost projection of combustible construction for a distance of 15 feet,the area shall be of primarily non-combustible hardscape surfaces. Woody vegetation shall not be planted within this area. The owner may maintain some trees or shrubs within this area, if the 15 foot area is extended outward from the furthest growth expected from the mature trees or shrubs. Crowns of vegetation within this area shall be at least 10 feet from any portion of the building. Limbs of trees within this area shall be pruned to one-half the height of the tree,one-third of the height for conifers, or 10 feet, whichever is less. B. Beyond the 15 foot area and up to 30 feet or the property line, maintain natural and/or irrigated grass at less than 6 inches and thin existing brush. Limbs of trees shall be pruned to one-half the height of the tree, one-third of the height for conifers, or 10 feet, whichever is less. No brush or Resolution No.W.22013 Page 4 shrubs which when mature will be tall enough to act as ladder fuel shall be provided or maintained around the trees. Clusters of bushes or trees shall be separated from each other and from those. beyond the 30 foot area by a distance of two and a half times the height of the mature vegetation. The diameter of a cluster shall be limited to two and a half times the height of the mature vegetation. Thin and remove lower branches of brush or shrubs within clusters or individual plants to eliminate ladder fuel. C. For a distance of 100 feet from the structure or to the property line, remove all standing dead and deadfall. Cut and collected material shall be removed,chipped and spread or burned. 8. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes. 9. The recreational facility on Common Parcel 2 shall not be leased or utilized for Special Events, as such are defined in the Land Use Code. 10. It is not the intent for cars to park along the road on Common Parcel 2, given that there are two parking spaces designated on the Site Plan. Those two spaces shall be screened from the river with landscaping. 11. The recreational facility on Common Parcel 2 shall comply with the other applicable conditions of BOCC Resolution No. 016-2012. 12. 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. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County • Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on February 23, 2018. q Resolution No.(j-2013 Page 5 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 6T" DAY OF DECEMBER, 2012. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 9TH DAY OF JANUARY, 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.aspenpitkin.com) ON THE /4 DAY OF 2013. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE 23RD DAY OF JANUARY, 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 1 DAY OF Hal b , 2013. BOARD OF COUNTY COMMISSIONERS, PITKI OUNTY, COLORAD 1 • BySif Sift.. \ eorge Ne . an, Chai an ATTEST: / . . .. 41,4 Jean- 'e Jones,Clerk to e BOCC APP OVED AS TO INTENT: APPROVED AS TO FORM:` c: LX i dy Houben John Ely Community Development Director Co Case P080-12; PID#246721200103 fie 5 ATTACHMENTS TO RESOLUTION NO. 003-2013 RECEPTION#: 582743, 09/15/2011 at 10:52:46 AM, 1 OF 7, R $0.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE ROARING FORK MEADOWS SUBDIVISION/PUD EMPLOYEE HOUSING AMENDMENT AND SITE PLAN REVIEW Resolution No.0 /-2011 RECITALS 1. Roaring Fork Meadows LLC("Applicant")has submitted an application to the Board of County Commissioners of Pitkin County,Colorado(BOCC")to amend the PUD Guide regarding employee housing mitigation. The Applicant is requesting approval for alternatives to the deed restriction of the remaining three-bedroom residence(AFHI)to mitigate for three FTEs, including construction of a replacement three-bedroom residence in a different location within Common Parcel One or a payment-in-lieu. 2. The Applicant is also requesting Site Plan Review approval for the potential replacement three- bedroom deed-restricted residence within the approved building envelope on Common Parcel 1. 3. The property is located on Wingo Ranch Road off of Hoaglund Ranch Road,and is described as Common Parcel I, Roaring Fork Meadows Subdivision/PUD. 4. The lot is zoned AR-10 and contains 14.247 acres. 5. The BOCC approved the subdivision/PUD, pursuant to Resolution Nos. 068-2004 and 143-2005. The Final Plat was recorded in Plat Book 78 at Pages 84-86. The PUD Guide was recorded as Reception #523402. The subdivision consists of five residential lots(Lots 1-5),two common parcels(Common Parcels 1 and 2)and one tract(Tract A—conveyed to the County). The BOCC subsequently designated the four Edwin McMillan ranch cabins to the Pitkin County Historic Register and granted a growth management exemption for 2,500 square feet of subgrade space on each of Lots 2-5 of the subdivision, pursuant to Resolution No.051-2008. The Covenant Agreement for the Preservation of the Historic Resources was recorded as Reception#550630,and the amended PUD Guide was recorded as Reception#550997. 6. The BOCC approved an amendment to the PUD Guide,pursuant to Resolution No. 061-2010,which clarified the timing for deed restriction of the two existing residences on Common Parcel I. The Applicant is currently required to deed restrict the two existing residences on Common Parcel I prior to issuance of a Certificate of Occupancy for a free market residence on any of Lots 3,4 or 5 to mitigate for 3.465 FTEs. The Amended PUD Guide was recorded as Reception#571156. 7. The one-bedroom residence(AFH2) was in disrepair and was demolished this spring. The Applicant entered into an agreement with the County at that time to escrow$65,000, which is the amount of the payment-in-lieu that would be required to mitigate for 0.465 FTEs. The County will hold the deposit until the Applicant constructs a residence to mitigate for at least 0.465 FTE or authorizes the County to retain the deposit in lieu of replacement. Resolution Noni_.-20I I Page 2 8. The Community Development Director approved minor amendments to the envelopes,the realignment of the main access road,and the renaming of the subdivision to Roaring Fork Meadows Subdivision/ PUD,pursuant to Administrative Decision No.40-2010. The amended plat was recorded in Plat Book 94 at paged 35-41,and amended 1041 site plans were recorded in Plat Book 94 at Page 42-46. 9. The Applicant has submitted an application to subdivide the adjacent Barta Parcel into two lots,to obtain a growth management allotment for the new lot,and to combine those lots with the Roaring Fork Meadows Subdivision. The application has been reviewed by the Planning Commission,but has not yet been reviewed by the BOCC. 10. The BOCC considered this application at duly noticed public hearings on July 27 and August 10,2011, at which times evidence and testimony were presented with respect to the application. 11. The BOCC finds that it is appropriate to provide two alternatives to mitigate for three FTEs: construct a new three-bedroom deed-restricted residence or make a payment-in-lieu,with the funds restricted for use within the Basalt Urban Growth Boundary,but did not support deed restriction of the existing residence. 12. The BOCC further finds that the Site Plan for the proposed deed-restricted residence complies with the applicable provisions of the Code, as follows: A. The previously approved building envelope complies with the standards of the current Code. B. The proposed residence is not visible from Highway 82,and,therefore, is exempt from Scenic View Protection Review. C. Access to the residence via Hougland Ranch Road is only acceptable if the Applicant improves the road to comply with current standards. D. The development complies with other applicable Site Plan review criteria of the Code. NOW,THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the Roaring Fork Meadows Amendment to Development Permit and Site Plan Review, 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 Nos.068-2004, 143-2005,051-2008 and 061-2010, and Administrative Decision No.40-2010 shall remain in full force and effect,except as amended herein. 3. Within 60 days of the date of this approval,the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an amendment to Article 2, paragraph 8 of the PUD Guide(as amended)and any other associated paragraphs,to provide the following alternatives for affordable housing mitigation: A. Prior to issuance of a building permit for a residence on any of Lots 3,4 or 5,the Applicant shall: I) Obtain a building permit to construct a new studio or one-bedroom unit(subject to Site Plan Review),or shall make the applicable payment-in-lieu for 0.465 FTEs, based on the Aspen/Pitkin County Housing Authority("APCHA")Guidelines in effect at the time. 2) Obtain a building permit to construct a new three-bedroom deed-restricted unit on Common 2 • Resolution No off-2011 Page 3 Parcel 1, or shall make the applicable payment-in-lieu for three FTEs, based on the APCHA Guidelines in effect at the time. 3) The Applicant shall obtain a Certificate of Occupancy for the deed-restricted unit(s)prior to or concurrent with issuance of a Certificate of Occupancy for the first residence completed on Lots 3, 4 or 5. B. If built,the on-site unit(s)shall be deed restricted as Category 4 rental single family residences. Employees of the Roaring Fork Meadows Subdivision/PUD shall have first priority to rent the units,but if there are no qualified ranch employees,the units shall be provided to any other qualified Pitkin County employee. The Applicant may opt in the future to convert the unit(s)from rental to sale unit(s),subject to the APCHA Guidelines,or the County may require the conversion to sale unit(s)if there is an extended period of non-compliance with the APCHA Guidelines. 4. Prior to submission of any building permit applications for the new three-bedroom deed-restricted residence,the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. 5. Prior to submission of a building permit application for the three-bedroom deed-restricted residence,the Applicant shall: A. Demonstrate legal access on those portions of Hoaglund Ranch Road that are not within the Roaring Fork Meadows Subdivision. B. Obtain an Access Permit to widen Hoaglund Ranch Road to create a 20 foot all season driving surface and to install a turnaround just above the Kester Ditch. The 20 foot driving surface shall extend up to the turnaround. The road width may be narrowed around any existing utility pedestals or poles. The Access Permit shall be approved by the Planning Engineer and the Basalt and Rural Fire Protection District("BRFPD"). C. Submit an executed maintenance agreement between the Hoaglund Ranch and Roaring Fork Meadows HOAs for use of the existing pond and dry hydrant system on Hoaglund Ranch to serve the residence on Common Parcel I;the agreement shall be reviewed and approved by the BRFPD. The pond shall be kept full,maintained and serviceable for emergency use at all times. The HOAs shall ensure that annual testing is conducted on the dry hydrant system to ensure operational readiness. Testing and maintenance shall comply with the provisions of NFPA 25, Standard for the Inspection,Testing and Maintenance of Water Based fire Protection Systems,to the satisfaction of the BRFPD. D. As an alternate to item 5C above the Applicant may elect to provide a dry hydrant system to serve the residence on Common Parcel I from the existing"Gazebo Pond" located on Common Parcel I. If the Applicant elects this option it shall work with the BRFPD to design an acceptable system that is approved by the BRFPD. This option will not require an executed maintenance agreement with the Hoagland Ranch HOA and will be an independent system only serving the new residence on Common Parcel I. 6. Prior to issuance of a building permit for the three-bedroom deed-restricted residence,the Applicant shall: A. Record a Deed Restriction Agreement acceptable to the Aspen/Pitkin County Housing Authority ("APCHA"). The residence shall be deed restricted as a Category 4 rental single family residence, as defined in the APCHA Guidelines. The specific terms of the deed restriction are Resolution No.0 t/-2011 Page 5 ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15)feet of chimneys shall be removed. 7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall up to a one hundred(100)foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten (10)feet of a residence. 10) No flammable mulches shall be placed within two(2)feet of a residence. 1 I) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)feet away from any structure. 6) Weeds and grasses within the ten(10) foot perimeter shall be maintained to a height not more than six(6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen(15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible,or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two(2)hour fire-resistive construction on the exterior side of the walls. 5- Resolution NotOt n-2011 Page 6 13) Each structure shall have a minimum of one ten (10)pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two(2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground. 8. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Contractors/construction workers shall be required to provide bear proof containers for all edible and food related trash. C. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. D. Avoid fruit-bearing trees and shrubs in any landscaping. E. Construction workers are prohibited from bringing their dogs on site. F. All outside doors shall utilize only solid round handled door knobs, unless another type is required by the applicable Building Code for disabled accessibility purposes. 9. No development including grading,excavation, fill placement, berming, landscaping,vegetation removal or disturbance,well or septic system shall occur outside of the approved activity envelopes, except as necessary to comply with the wildfire mitigation measures described above. 10. 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 activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 11. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one growing season of the project's completion. 12. No calculations for height, bulk, setback,size,floor area,or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 13. 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. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use ode § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on 2014. LY Resolution No.V"(1-2011 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 26''day of June,2011. APPROVED AND ADOPTED on the 10th day of August, 2011. PUBLISHED AFTER ADOPTI F R VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the Avtday of 2011. BOARD OF COUNTY COMMISSIONERS, PITICIN COUNTY,COLO By�� Rachel E. Richards,Chairwoman A ' EST: 9-/(7- 2l/// �.II 11 1�_ .� v ea tie Jones,Clerk �• the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: dy Houb011 John El Community Development Director . ey Case 07039-11;PID 246721203801 RECEPTION#:587630, 03/22/2012 at 08:44:13 AM, 1 OF 7, R $0.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO THE BARTA PARCEL SUBDIVISION/PUD CONCEPTUAL SUBMISSION,ACTIVITY ENVELOPE REVIEW,AND SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT TO THE ROARING FORK MEADOWS SUBDIVISION/PUD Resolution No.a -2012 RECITALS I. Roaring Fork Meadows LLC("Applicant")has applied to the Board of County Commissioners of Pitkin County,Colorado(BOCC")to request conceptual submission approval to subdivide the Berta Parcel into two lots;to amend the Roaring Fork Meadows Subdivision/PUD(f/k/a Morrow/Wingo Junction Ranch Subdivision/PUD)to include the two new lots(as Lots 6 and 7);to establish activity envelopes on the new lots;and to obtain growth management exemptions for the fathering parcel(Lot 6)and barn square footage. The Applicant has also requested to rezone the Barta Parcel with a PUD designation to vary the lot size,and competed successfully for a growth management allotment of 8,250 square feet of floor area for the new lot. 2. The Barta Parcel is located at 102 Sherman Lane, and is described as Parcel 3, Barta Family Subdivision. The subdivision/PUD lots are described as Lots 1-5 and Common Parcels 1 and 2, Roaring Fork Meadows Subdivision/PUD. 3. The Barta Parcel is zoned AR-10 and contains 10 acres. The Roaring Fork Meadows lots are zoned AR-10. Lots 1-5 contain 14.188, 7.054, 7.533,7.973 and 8.274 acres,respectively;Common Parcels 1 and 2 contain 14.247 and 5.509 acres. 4. The BOCC approved the Barta Family Subdivision in 1982,pursuant to Resolution No. 82-127,via the now defunct Agricultural Lot Split provision of the Code. The original 73 acre parcel was divided into three parcels: Parcel 1 contained 3 acres,Parcel 2 contained 59.57 acres,and Parcel 3 contained 10 acres. Following the approval,a residence was built on Parcel 3 by Darwin Barta. Parcel I was intended to be conveyed to the Archdiocese for development of a church,but this plan was abandoned, and Parcels 1 and 2 were sold to Robert Morrow. Through a land exchange with the BLM,Mr.Morrow then obtained additional land area that was added to Parcel 2. Mr. Morrow subsequently obtained Pitkin County approvals to re-subdivide Parcels 1 and 2 into the Morrow/Wingo Junction Ranch Subdivision/PUD,which consists of: 5 free market, single family residential lots;one common parcel that contains two employee housing units and agricultural buildings;one common parcel along the • Roaring Fork River,and a one acre tract adjacent to the Rio Grande Trail and the pedestrian bridge over the highway that was conveyed to the County for a limited use trailhead parking lot. 5. The Pitkin County Planning and Zoning Commission considered the proposed application at regularly scheduled meetings on November 9,2010 and April 19,2011,and recommended approval by a vote of 4-0. 6. The BOCC considered the proposed application at duly noticed public hearings on July 13 and October 26,2011,and January 11 and 25, 2012,and a regular meeting on February 22,2012. Resolution No4II -2012 Page 2 7. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code and the following: A. There is adequate lot area(70.395 acres)to accommodate seven lots on the combined property, including the Roaring Fork Meadows Subdivision/PUD and the Barta Parcel. B. The condition of BOCC Resolution No. 82-127 that states,"Parcel 1 and Parcel 3 cannot be subdivided further"was not intended to prevent the Applicant from pursuing a subdivision, subject to the Code in effect at the time,as is requested. The Applicant's request to amend the condition is considered under the Code provision for a major amendment to a development permit. The Code provides that a major amendment shall require a new application of the same type required for the original approval. The Code no longer includes a provision for an Agricultural Lot Split, so subdivision is the applicable review process. C. The Major Plat Amendment is being utilized to combine two subdivisions into one, and is not being utilized to re-subdivide the Roaring Fork Meadows Subdivision/PUD to increase the number of lots within the land area contained on the plat;therefore,the Major Plat Amendment complies with the Code. D. The Activity Envelopes on Lots 6 and 7 avoid constrained areas. E. The subdivision of the Barta Parcel complies with the applicable provisions of the Code. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby grants approval of the Barta Parcel Subdivision/PUD Conceptual Submission,Activity Envelopes,GMQS Exemptions and Major Plat Amendment requests 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 during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. With the Detailed Submission/Final Plat application,the Applicant shall: A. Submit a draft amended Subdivision/PUD Guide for the Roaring Fork Meadows Subdivision/PUD that includes Lots 6 and 7. B. Submit an amended plat of the Roaring Fork Meadows Subdivision/PUD that includes Lots 6 and 7. C. Address Sec. 2-10-10(e)of the Code,Prohibition of Commercial Agricultural Activities. D. Submit a draft covenant documenting the accepted representations made in the growth management application and specific timefiames for completion of all commitments. E. Submit an Activity Envelope and/or Site Plan Review application for a new recreational facilities envelope on Common Parcel 2 of the Roaring Fork Meadows Subdivision/PUD to be sited on the bench below the Rio Grande Trail("lower bench"), if such location can be found to comply with applicable provisions of the Pitkin County Land Use Code. If the envelope on the lower bench complies with the Code,then the Applicant agrees to abandon the existing envelope and replace it with the envelope on the lower bench. Development on Common Parcel 2 shall be limited as follows, with compliance demonstrated in the Site Plan Review application: 1) The recreational facility shall be limited to a maximum of 750 square feet of floor area. 2) The recreational facility shall be limited to one story and a maximum height of 20' to the top of the roof ridge. 3) The recreational facility shall not contain a kitchen, bath facility or bedroom(s). 2- Resolution NoIt -2012 Page 3 4) The recreational facility shall not be served by a well or a traditional on-site wastewater treatment system. Water may be stored on-site and a composting toilet or other"green" alternative toilet facility may be installed on-site. 5) Electric and gas lines may be extended to the site. 3. The following shall be delineated on the Final Plat: A. A 20' easement for the portion of Hoaglund Ranch Road on Common Parcel I of the Roaring Fork Meadows Subdivision/PUD from the,Roaring Fork Meadows entry along the extent of the Hoaglund Ranch Historic PUD. B. A parking easement on Common Parcel 1 of the Roaring Fork Meadows Subdivision/PUD to benefit the Hoaglund Ranch Historic PUD homeowners. The easement shall accommodate vehicle and equipment parking. C. An agricultural easement on Lots 6 and 7. 4. Concurrent with recordation of the Final Plat,the Applicant shall record an Activity Envelope Plan for Lots 6 and 7 in accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.1. The Activity Envelope Plan shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. Prior to submission of any building or other development permit applications for Lots 6 or 7,the Applicant shall submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. 6. Prior to issuance of a building permit for a residence on Lots 6 and 7,the Applicant shall: A. Provide proof of an adequate water supply(in terms of quantity and availability)for domestic and fire protection purposes,and for irrigation purposes, if applicable. B. Obtain an access permit for any road improvements and/or new driveways,which shall be approved by the Planning Engineer. C. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. D. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. If the project disturbs more than one acre,a State Stormwater Permit shall be obtained prior to permit issuance. All historic and natural drainage patterns shall be maintained. E. Pay the applicable road and employee housing impact fees. F. Obtain an on-site wastewater treatment system permit from the Environmental Health and Natural Resources Department. G. Submit a construction management plan for review and approval by the Planning Engineer. H. Submit a detailed landscape plan and revegetation plan. I. Lot 7 only—Make a cash payment in lieu of dedicating land to the RE-1 School District, if applicable. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. J. Lot 7 only—Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space, if applicable. Calculation of the payment shall be based on the number of residents and the land value at the time of payment. Resolution No.()/l-2012 Page.4 7. No structural development in excess of 30"above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment or a PUD variation approved by the BOCC. Approval of an activity envelope within such setbacks does not assure approval of a variance. 8. The floor area on each of Lots 6 and 7 is limited to a maximum of 5,750 square feet. Agricultural buildings are prohibited on Lots 6 and 7. A total of 6,150 square feet of agricultural buildings may be constructed on Common Parcel 1 exempt from growth management. 9. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Defensible Space:The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows(note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions). Vegetation management as described herein shall be completed prior to the commencement of construction. 1) Brush,debris and non-ornamental vegetation shall be removed within a minimum ten-foot (10')perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty(30)foot perimeter around a structure built on flat ground. (For greater slopes,reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3) Spacing between clumps of brush and vegetation up to the thirty(30)foot perimeter shall be a minimum of two(2)times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty(30)foot perimeter shall be pruned to a height often(10)feet above the ground with removal of ladder fuels from around trees and brush. 5) Tree crown separation within the thirty(30)foot perimeters shall have a minimum of ten (10)feet between the edges of the crowns,except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration,understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15)feet of chimneys shall be removed. 7) The density of fuels up to a one hundred(100)foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall up to a one hundred(100)foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten(10)feet of a residence. 10)No flammable mulches shall be placed within two(2) feet of a residence. Resolution No.ON -2012 Page 5 11)The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: • I) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets,shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs,coverings,or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Water Supply for Fire Safety 1) All structures shall be sited within 600 feet of the existing hydrant,or a new hydrant shall be installed within 600' in a location approved by the Basalt and Rural Fire Protection District (BRFPD). 2) In-house sprinkler systems that meet the standards of the BRFPD and the adopted Building Code shall be installed in all new buildings over 5,000 square feet in size. D. Maintenance and Miscellaneous Requirements • I) Roofs and gutters shall be kept clear of debris. 2) Any outbuilding shall adhere to the same wildfire requirements. 3) Yards shall be kept clear of all litter, slash and flammable debris. 4) All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen (I 5)feet away from any structure. 5) Weeds and grasses within the ten(10)foot perimeter shall be maintained to a height not more than six(6) inches. 6) Firewood/wood piles shall be kept indoors or stacked on a parallel contour a minimum of fifteen(15)feet away from the structure. 7) Swimming pools of the non-salt water variety and ponds shall be accessible by the local fire district. 8) Fences shall be kept clear of brush and debris. 9) Wood fences shall not connect to other structures. 10) Fuel tanks shall be installed underground with an approved container. 11) Propane tanks shall be buried, if possible,or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank.Any wood enclosure around the tank shall be constructed with materials approved for two(2)hour fire-resistive construction on the exterior side of the walls. • 12)Each structure shall have a minimum of one ten(10)pound ABC fire extinguisher. 13)Addresses shall be clearly marked with two(2)inch non-combustible letters and shall be 5 Resolution No.OIt -2012 Page 6 visible at the primary point of access from the public or common access road and installed on a non-combustible post. 14) Utilities shall be extended underground. 10. The Applicant shall comply with the following measures to minimize ecological impacts: A. Native vegetation shall be maintained outside of the activity envelopes,with the exception of agricultural areas. B. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of oompliance shall be provided prior to issuance of a certificate of occupancy. C. Fencing shall comply with the following,except for fencing immediately adjacent to the buildings to contain pets or livestock: I) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 54 inches in height above ground level and 12 inches in width(top view),and shall have at least l8 inches between the lower 2 rails. 2) Wire fencing must be 3 strands or less. The top wire should be a 12.5 gauge twisted barbless type at a maximum height of 42 inches. The middle strands(which may be barbed)should be located a minimum 12 inches apart and from the top wire. The bottom strand should be 16 inches from the ground. 3) Mesh or woven wire fences are prohibited outside of the activity envelope. D. Avoid fruit-bearing trees and shrubs in any landscaping. E. Construction workers shall be prohibited from bringing dogs on-site during construction. F. Bird feeders,including hummingbird feeders,shall be hung away from any deck or window,and be at least 10 feet from the ground suspended between 2 trees or posts. All seed feeders shall include a catchment pan to catch discarded seed. G. Dogs shall be kenneled within 50' of a residential building or leashed under human supervision at all times,except for dogs working as part of an agricultural operation,when at work. 11. No development including grading,excavation, fill placement,berming, landscaping,vegetation removal or disturbance,well or on-site wastewater treatment system shall occur outside of the approved Activity Envelopes,except as otherwise specifically approved or as necessary for weed management,as associated with continued agricultural or ranching uses or activities,or to comply with the wildfire mitigation measures described above. 12. The Applicant shall continue to irrigate lands within the Agricultural Easement and to utilize and preserve their water rights to the fullest extent possible. 13. No buildings shall be constructed immediately downhill of the Kester Ditch without the ditch being placed in a culvert, lined,or otherwise treated to avoid leakage of water downhill towards the buildings. Activities and development shall ensure that ditch owners have access to the ditch. 14. Prior to commencement of any earthmoving or other construction activity,the Applicant shall stake the corners of the activity envelope(s)and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. Resolution No.4/6 -2012 Page 7 15. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one growing season of the project's completion. 16. No calculations for height, bulk,setback,size, floor area,or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. 17. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s)or approval(s)related to this property,or vested rights associated with this Property. 18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes,subject to the exceptions set forth in Pitkin County Land Use Code §2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on 2015. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 12th day of June,2011. INTRODUCED AND FIRST READ AT PUBLIC HEARINGS on the 13th day of July and 26th day of October,2011,and the 11th and 25th days of January,2012. APPROVED AND ADOPTED AFTER SECOND READING on the 22th day of February,2012. PUBLISHED A.14-1 ER ADOPTION in the Aspen Times Weekly on the,•Q day of N(Ut4 ,2012. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY,COLORADO By 'T� :- "AST: dr, [a ...mt.. dI I t-t it AA Je• /•tte Jones,Clerk the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: t t Ip ckE- Cindy Houben John Ely Community Development Director Co ynt ttorn Case P070-10;PID tt 246721200103 RECEPTION#: 605667, 11/20/2013 at tUNTRACT#�Q'/3 10:01:15 AM, 1 OF 30, R $0.00 Doc Code PUD Janice K. Vos Caudill, Pitkin County, CO AMENDED & RESTATED ROARING FORK MEADOWS SUBDIVISION/PUD GUIDE THIS AMENDED AND REST• TED SUBDIVISION/PUD GUIDE("Agreement"), made and entered into this /5 day of 4 , - , 201_1, by and between ROARING FORK MEADOWS LLC AND THE NED S. OLMES PROFIT SHARING PLAN(collectively"Owner") and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado ("County"). WITNESSETH WHEREAS, Owner has submitted to the County for approval, execution and recording a final plat of Roaring Fork Meadows Subdivision/PUD, which SECOND AMENDED PLAT of ROARING FORK MEADOWS SUBDIVISION/PUD(the"Subdivision"or the"Project")has been filed for record in the real property records of Pitkin County,Colorado, on /1 —20 , 2013 in Plat Book/01 at Pages ?- (the"Plat"). The Plat is incorporated herein and made part hereof by this reference while this Agreement is likewise incorporated into and made a part of the Plat by this reference. The real property described in the Plat is herein referred to as the"Property." The Subdivision consists of seven lots,two common parcels and one tract,to wit: Lot 1,Lot 2,Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7 (the "Lots"), Common Parcel 1 and Common Parcel 2 (the "Common Parcels") and Tract A; and WHEREAS, the County has fully considered the Plat, the proposed development and improvements of the lands therein,and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and WHEREAS, County has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat finding such matters necessary to protect, promote and enhance the public welfare, and is willing to execute the Plat upon Owner's agreement to the obligations herein, all as required by the Pitkin County Land Use Code (the "Code"); and WHEREAS, the Owner is willing to acknowledge, accept, abide by and faithfully perform these obligations and to enter into this Agreement with the County to provide for the same; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained,the approval, execution and acceptance of the Plat for recordation by the County, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows. -1- ARTICLE II DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS The Property shall be subdivided into those Lots and Common Parcels as shown on the Second Amended Plat,and there shall be no further subdivision of the property without compliance with the County Code, except that Common Parcel 1 may be condominiumized for purposes of separately transferring deed restricted affordable housing units and allowing the homeowners association(for Lots 1-7) to retain the balance of Common Parcel 1 for purposes of accessory uses and structures, agricultural buildings and common areas. Lots 1-7 may be used for residential and accessory structure purposes; barns are prohibited on Lots 1-7. Common Parcel 1 is approved for two residential housing units, common areas, agricultural uses and structures and accessory uses and structures, including the designated historic cabins. 1. Development Limitations on Lots 1-5, Lots 6-7, Common Parcel 1 and Common Parcel 2. a. Lots 1-5. Development on each of Lots 1-5 shall be limited to one (1) free market single- family residence, one (1) caretaker dwelling unit ("CDU") if duly approved by the County, and such accessory uses and structures as may be permitted from time to time in the AR-10 (Agricultural/Residential-10Acre) zone district or any successor to such zone district, provided, however,that barns and similar agricultural structures are prohibited on Lots 1-5. b. Lots 6-7. Development on each of lots 6-7 shall be limited to one (1) free market single- family residence, one (1) caretaker dwelling unit("CDU") if duly approved by the County, and such accessory uses and structures as may be permitted from time to time in the AR-10 zone district or any successor to such zone district,provided,however,that barns and similar agricultural structures are prohibited on Lots 6-7. c. Common Parcel 1. Development on Common Parcel 1 shall be limited to two (2) deed restricted employee dwelling units,any caretaker dwelling unit(s)duly approved by County, and such accessory uses and structures as may be permitted from time to time in the AR-10 zone district or any successor to such zone district. The two deed restricted employee housing units on Common Parcel 1 are exempt from growth management requirements. The maximum allowable residential floor area on Common Parcel 1 (the two deed restricted employee dwelling units,any approved caretaker dwelling unit(s),and structures accessory to these dwelling units combined) shall be 4,000 square feet; the maximum allowable accessory/agricultural floor area shall be 6,150 square feet (based on the acreage of the Property plus reallocation of the 1,750 square feet of Common Parcel l's unused residential floor area to agricultural/accessory structure use)and development of up to 6,150 square feet of agricultural/accessory floor area is exempt from growth management. Additional agricultural/accessory floor area may be allowed pursuant to regulations in effect at the time -5- of building permit for such agricultural/accessory structures including but not necessarily limited to obtaining additional growth management allotments as described below. d. Common Parcel 2. Development on Common Parcel 2 shall be limited to: (1)a trail and any necessary stairway structure located within the fisherman's access easement shown on the Plat between the Railroad ROW and the Fisherman's Easement along the river; and (2) common recreational facilities and amenities available for the owners of Lots such as picnic benches and tables, fire-pit for wood burning and/or gas connection, landscaping and such other similar recreational amenities as may be approved by the Community Development Department, all of which shall be located within the "Recreational Facilities Envelope" shown on the Activity Envelope/Site Plan Plan for Common Parcel 2 and said Activity Envelope/Site Plan also shows the recreational facility that was approved by the BOCC. A new Recreational Facilities Activity Envelope on Common Parcel 2 of the Roaring Fork Meadows Subdivision/PUD on the bench below the Rio Grande Trail ("lower bench") has been approved as depicted on the Activity Envelope/Site Plan for Common Parcel 2, recorded in Book/O3 at Page /3-- ; as further depicted thereon, the previous/original envelope will only be used for landscaping and access improvements. In addition to the foregoing, development on Common Parcel 2 shall be limited as follows: the recreational facility approved by the BOCC and shown on the Activity Envelope/Site Plan for Common Parcel 2 shall be limited to a maximum of 750 square feet of floor area; the recreational facility shall be not more than one story and a maximum height of 20' to the top of the roof ridge;the recreational facility shall not contain a full kitchen,bath facility or bedroom(s)and shall not be served by a well or a traditional on-site wastewater treatment system. Water may be stored on-site and a composting toilet or other"green" alternative toilet facility may be installed on-site; and, electric and gas lines may be extended to the site. The recreational facility on Common Parcel 2 shall comply with all other applicable conditions of BOCC Resolution 016=2012 and shall not be leased or utilized for Special Events, as such are defined in the Pitkin County Land Use Code. It is not the intent for cars to park along the road on Common Parcel 2, given that there are two parking spaces designated on the Site Plan; landscaping must be installed to screen those two spaces from the river. Furthermore, with the building permit application for a recreational facility on Common Parcel 2, the applicant shall: i. Provide proof of water-storage on-site, if applicable. ii. Obtain an access permit for any road improvements, which shall be approved by Planning/Zoning. iii. Obtain a fireplace/woodstove permit from the Community Development Department,if necessary. -6- iv. Submit a site-specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. If the project disturbs more than one acre,a State Stormwater Permit shall be obtained prior to permit issuance. All historic and natural drainage patterns shall be maintained. v. Pay the applicable road and employee housing impact fee. vi. Obtain a permit for a composting or other "green" alternative toilet facility from the Environmental Health and Natural Resources Department. vii. Submit a construction management plan for review and approval by the Planning Engineer. viii. Submit a detailed landscape plan and revegetation plan. ix. Provide documentation that the hydrant at the end of Tejas Trail has been accepted by the Basalt and Rural Fire Protection District. The hydrant must be serviced,turned toward the street and approved by the fire department. e. Structures. All new structures (except as may be otherwise provided herein) developed on Lots 1-5 must be located within the Building Envelopes depicted on the 1041 Hazard Review Site Plans for such Lots(hereinafter the"Building Envelopes"),as may be amended through the Site Plan Review process. All new structures on Lots 6 and 7 must be located within the "Activity Envelopes" depicted on the Activity Envelope Plan for the given Lot as may be amended through the Site Plan Review process. Prior to submission to the County of any building or other development permit applications for Lots 1-7,the applicant/lot owner shall be required to submit for approval of an application to Pitkin County for Site Plan Review pursuant to Pitkin County Land Use Code Sections 2-30-20 and 7-10-50. f. Lots 1-5, Floor Area, GMQS Exemptions and TDRs. The total floor area (single-family residence,approved CDU,and any accessory structures combined)on each of Lots 1-5 shall be allowed up to a maximum of 8,250 square feet,as further limited herein. A maximum of 5,750 square feet of floor area may be above grade and a maximum of 2,500 square feet of floor area may be below grade. Floor area calculations shall be based on the definition of floor area in the Code in effect at the time a building permit is applied for on a particular Lot, except that below grade floor area shall be subject to the definition of the same provided in sub-paragraph 1.f.iii., below. The number of square feet of allowable floor area shall not be reduced by any change in the Code or to the definition of Floor Area. Lots 1 and 2 are the "fathering"parcels and are exempt from growth management for up to 5,750 square feet of floor area. Lots 3, 4 & 5 are the approved receiver sites for the three TDRs approved by Resolution No. 144-2005, which TDRs are specifically limited to use on such lots as initial development rights for such Lots for up to 5,750 square feet each. All of Lots 1-5 are approved as receiver sites for TDRs under the Code for additional square footage. Lot 1 is currently developed with 8,250 square feet of floor area in accordance with the foregoing. Each of Lots 2-5 maintains 5,750 square feet of initial development rights in accordance with -7- the foregoing, and each of Lots 2-5 may also be developed with up to 2,500 square feet of below grade space exempt from growth management and without the use of TDRs pursuant to BOCC Resolution No. 051-2008, recorded as Reception No. 550136. Not more than 8,250 square feet of floor area limited as stated herein may be developed on any of Lots 1-5. More specifically, i. A single-family residence has been developed on Lot 1 using a 5,750 square foot "fathering parcel" initial development right for above-grade space as well as a 2,500 square foot TDR for below grade space;this Lot may be redeveloped in accordance with then applicable Pitkin County Codes. A single-family residence may be developed on Lot 2 exempt from growth management with up to 5,750 square feet of floor area above grade("fathering parcel"initial development right)and up to 2,500 square feet of below grade space exempt from growth management and without the use of TDRs pursuant to BOCC Resolution No. 051-2008, recorded as Reception No. 550136. ii. A single-family residence may be developed on each of Lots 3, 4 and 5 exempt from growth management up to 5,750 square feet of floor area upon the Lot owner's submission of one (1) of the TDRs good for an initial development right approved by Resolution No. 144-2005 prior to building permit application. These residences may each be expanded below grade by an additional 2,500 square feet of floor area exempt from growth management and without the use of TDRs pursuant to BOCC Resolution No. 051-2008, recorded as Reception No. 550136 (for a total cumulative limit of 8,250 square feet of floor area). iii. For purposes hereof"Below Grade" space shall satisfy all of the following criteria: (a) Except as specifically described in the following subparagraphs,below-grade spaces shall be located below both the natural and finished grades. If any part of the below- grade space is exposed above natural or finished grade(such as walkout basements, walls or courts), the entire below grade area shall count as above grade floor area. (b) Below-grade spaces shall be accessed only by stairway or elevator from the story directly above, or through a door from a garage adjacent to or a part of the below- grade area. (c) Below-grade spaces shall be no greater than twenty feet (20') in depth and no more than a single story. "Story" shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor above. (d) Below-grade spaces shall not contain doors to the exterior of the structure. -8- (e) Below-grade bedrooms shall be allowed no more than one egress window per bedroom. Below-grade spaces that contain no bedrooms will be allowed only one egress window for such below grade space. When below grade egress is achieved through one or more below grade bedrooms, no additional egress shall be provided. Egress window well size shall not exceed the minimum allowed by the IBC/IRC. (f) Habitable below-grade spaces may be provided with aggregate glazing area of not more than 8% of the habitable area of the room. "Habitable" shall mean a space in a building for living, sleeping, eating or cooking. Unfinished basements shall be considered habitable spaces. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas shall not be considered habitable spaces. Window wells for Natural Light have a maximum dimension of 3 feet from the exterior wall. The maximum window well width shall be no more than the width of the window. (g) Foundation walls for below-grade spaces may be exposed above natural and finished grade to the minimum degree required by the IRC pertaining to foundation design for the structure. (h) Up to ten percent (10%) of any particular below-grade wall surface may extend above natural grade as long as the finished grade covers the wall surface that would otherwise be exposed. (i) Garages up to seven hundred and fifty (750) square feet may be incorporated into below-grade space and the garage doors may be exposed to the exterior as long as remainder of the below-grade space otherwise satisfies the above criteria. (j) In the event Pitkin County shall adopt a more permissive definition of"below-grade" area space, Owner shall retain the right to the benefit thereof g. Lots 6-7, Floor Area, GMQS Allotments and Exemptions. The total floor area allowed (single-family residence, any CDU that may be approved by Pitkin County, and any accessory structures, combined) on each of Lots 6 and 7 shall include up to a maximum of 5,750 square feet of floor area. The floor area on Lot 6 results from the GMQS Allotment granted to this parcel, while the floor area of Lot 7 is exempt from GMQS as the fathering parcel. Agricultural buildings are prohibited on Lots 6 and 7. For so long as the current vested rights period remains in effect (through February 23, 2018), floor area calculations shall be based on the definition of floor area in the Code as of February 23, 2013. Once -9- vested rights expire, floor area calculations shall be based on the definition of floor area in the Code in effect at the time a building permit is applied for on a particular Lot. h. Heights. On each of Lots 1-6 and on Common Parcel 1,the height of any new single-family residence shall be limited to twenty-eight (28) feet, as calculated by County at the time of building permit issuance. Accessory structures, including any approved detached caretaker dwelling units, shall be limited to twenty(20)feet in height and shall otherwise comply with Pitkin County accessory structure standards in effect at the time of building permit issuance to the extent that such do not conflict with the accessory structure growth management exemptions and floor area limitations described herein. The height limit for any structures on Lot 7 shall be limited to not more than nineteen feet, six inches (19'-6"), which allows a maximum pitched roof ridge height of twenty-four feet, six inches (24'-6"). i. Envelopes. No development, including grading, excavation, fill placement, landscaping, berming, entry or ranch gates, vegetation removal or disturbance, on-site wastewater treatment systems or wells,construction staging or parking,shall occur outside the Building or Activity Envelopes on any Lot unless specifically approved through Site Plan Review, with the following exceptions and understandings: i. "Building Envelope" shall be as defined in the Code, as may be amended from time to time. Lots 6 and 7 have approved "Activity Envelopes" in accordance with the 2012 County Land Use Code. The Subdivision includes "Accessory and Disturbance Envelopes" allowing for landscaping, temporary construction staging activities, installation of utilities and similar activities. The Subdivision also includes"Landscaping Envelopes" around certain features such as but not limited to ponds to allow for vegetation, other landscaping improvements, pond development, and the similar. The Subdivision also includes"Utility and Access Envelopes"to provide for development of driveways and utility extensions and the similar to the Building Envelopes,Accessory and Disturbance Envelopes, and Activity Envelopes. As hereinafter used, the term "Envelopes"shall include all types of envelopes included in the Subdivision considering the uses and purposes contemplated hereinabove for each type of envelope. All buildings shall be located within the Building or Activity Envelopes and shall not be located in the Accessory Envelopes. All driveways,utilities (except as necessary for wells and service lines from a well to an Envelope) and utility service lines shall be located within an Envelope. All disturbed areas outside of Building Envelopes shall be re-vegetated to preserve the historically irrigated areas. No disturbances other than as noted below may occur outside of Activity Envelopes unless specifically approved by the County through Site Plan Review or other appropriate means. Notwithstanding previously approved Envelopes,prior to submission to the County of any building or other development permit applications for Lots 1-7,the applicant/lot owner shall be required to submit for approval -10- of an application to Pitkin County for Site Plan Review pursuant to Pitkin County Land Use Code Sections 2-30-20 and 7-10-50, and any previously approved Envelope can be amended as part of the Site Plan Review process. ii. Activity shall be allowed outside the Envelopes provided such activity is associated with continued agricultural or ranching uses or activities, such as but not necessarily limited to irrigation systems and facilities, grazing cattle or horses, haying operations and similar agricultural and ranching activities. iii.Installation of utilities may occur within existing roadways outside of the Envelopes or within the Envelopes; provided, however, that native vegetation shall be utilized to revegetate areas that may be disturbed by installation of utilities no later than one growing season after completion of installation thereof. iv.Removal of vegetation to create a defensible space for fire protection or for any other reason set forth in the wildfire mitigation measures section of this Agreement may occur outside of the Envelopes. Weed management may also occur outside of the Envelopes. v. Improvement of existing roads and development of access roads identified on the Plat may occur outside of Building Envelopes; provided, however, that native vegetation shall be utilized to revegetate areas outside the Building Envelopes that may be disturbed by construction of access roads and/or drives no later than one growing season after completion of installation thereof. vi.Fencing(and maintenance thereof)meeting Pitkin County standards may occur outside of the Envelopes. vii.The portions of existing structures located on Lot 1, Lot 7 and Common Parcel 1 lying outside the designated Building or Activity Envelopes, as applicable, may continue to exist and be maintained for so long as such structures are not demolished or otherwise removed. viii. Water wells, septic systems and utility service lines or facilities may be located outside of the Envelopes in a location approved by the Community Development Department, if the improvements cannot reasonably be accommodated within the Envelopes. j. Construction Fencing. Prior to commencement of any earthmoving or construction activity on a Lot or Common Parcel, the owner thereof shall stake the corners of the Envelopes and install construction fencing around the perimeter of the Envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued. -11- k. Re-Vegetation. Only plant species listed in the Pitkin County Revegetation Guide(or species native to the site) shall be utilized to revegetate areas outside of the Building or Activity Envelopes that are disturbed by construction. A re-vegetation plan must be approved by the Community Development Department prior to issuance of a Certificate of Occupancy for the residence on the given Lot and implemented with native shrubs and grasses within one growing season of the project's completion. I. CDUs. Caretaker dwelling units may be permitted on any of the Lots, subject to the restrictions enumerated herein, but only if first approved by Pitkin County pursuant to the regulations in effect at the time of application to allow development of a caretaker dwelling unit(s). m. Development within Setbacks. No structural development in excess of thirty inches (30") above natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to six feet(6') above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet(4')from the most restrictive of natural, existing or finished grade. Any development located within the setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment or.a PUD variation approved by the BOCC. Approval of an Activity Envelope or Building Envelope within such setbacks does not assure approval of a variance. Certain setbacks have been varied through the PUD approvals already granted, as enumerated in paragraph 19, below. n. Further Subdivision. None of the Lots may be further subdivided, except that lot line adjustments and minor plat amendments shall be permitted if the approval of Pitkin County is first obtained. 2. Conservation Easement and Agricultural Preservation. All land area above the Arbaney Ditch designated on the Plat as Conservation Easement shall be subject to the Conservation Easement Agreement recorded April 26,2006,at Reception No. 523401. The areas within a Lot below the Alexis Arbaney Ditch and outside the Building or Activity Envelopes are the Agricultural Easement areas. The uses allowed in the Agricultural Easement areas are the existing or replacement or similar easements as currently exist(and shown on sheet two of the Plat), utility extensions, driveways, landscaping and those uses associated with continued agricultural or ranching uses or activities, such as but not necessarily limited to irrigation systems and facilities, grazing cattle or horses, haying operations and similar agricultural and ranching activities. 3. Utilities. -12- a. Water System. The owner of each Lot shall construct its own individual water well, water lines and fire-fighting water storage facilities(as described below). The construction plans for each water system shall be approved by the Environmental Health Department prior to commencement of construction. Any water storage facilities for fighting fires shall be approved by Basalt and Rural Fire Protection District ("BRFPD"). b. On-Site Wastewater Treatment Systems. Each Lot will be served with On-Site Wastewater Treatment Systems(OWTS. Prior to issuance of a building permit for each of Lots 1-7,the Applicant shall provide documentation that the quantity and quality of water is adequate. Prior to the issuance of a building permit for each of Lots 1-7,the owner thereof shall obtain an OWTS permit from the Environmental Health Department. Common Parcel 1 is served by an existing OWTS; upon remodel or expansion of the residences on Common Parcel 1, the OWTS shall be upgraded (in the event upgrading is required) to meet current County regulations and shall be approved and permitted by the County Environmental Health Department. All OWTS must be designed by a registered professional engineer, located within the Envelopes or a location approved by the Community Development and Environmental Health Departments, and in compliance with any applicable setback requirements for surface and groundwater sources. The engineer shall perform percolation tests during high runoff in the area of the proposed leach field to confirm the height of the water table. c. Electric Service. Owner agrees to install or guarantees installation of electric power lines and transformers to provide electric service to each of the Lots. New power lines shall be underground. Power lines,transformers and the installation of the same shall conform to the requirements and specifications provided Owner by Holy Cross Electric Association. d. Telephone Service. Owner agrees to install or guarantees installation of distribution lines and feeder facilities including pedestals to provide telephone service to the Lots. New telephone lines shall be underground. Telephone lines, pedestals and the installation of the same shall conform to the requirements and specifications provided Owner by a Qwest Communications (or other telephone service provider). e. Gas Service. Owner agrees to install or guarantees installation of natural gas lines to provide such service to all Lots. New gas lines shall be underground,except to the extent that certain gas facilities may be required by SourceGas Distribution LLC to be located above ground. Gas lines, meters, valves and pumping facilities and the installation of the same shall conform to the requirements and specifications provided Owner by SourceGas Distribution LLC. -13- f. Cable. At such time as cable service is available,each Lot owner may extend such service to its Lot underground along platted utility easements. 4. Common Access Road and Driveways. a. The existing fourteen (14) foot ranch entry road may remain from State Highway 82 to its junction with the new access road to be called "Tejas Trail," as shown on the Plat. Owner agrees to install Tejas Trail as shown on the Plat,from said junction to a point where it abuts Lot 5. Tejas Trail shall be at least twenty(20) feet in width and located within a perpetual, non-exclusive easement thirty(30)feet in width to accommodate drainage control provisions and utilities. Tejas Trail and all driveways may be gravel surfaced. Except as specifically provided herein, Tejas Trail and all driveways shall be constructed in conformance with Pitkin County Roa-d Standards and Specifications and shall be located within the easements shown on the Plat. Tejas Trail shall have an all weather surface capable of handling the load of a 75,000-pound fire apparatus. Nothing herein shall prohibit a road or driveway from having a chip seal or better surface at the discretion of Owner or of the owners of Lots. Until such time as a hard surface is laid, the road and driveways shall be treated with a dust suppressant acceptable to the Environmental Health Department. b. Prior to the issuance of a building permit for development on any of Lots 1-5, Owner shall obtain a County access permit for improvements to the main access road,and obtain a new or amended access permit from CDOT, if required by CDOT. Prior to the issuance of a building permit for a residence on Lots 6 and 7, the owner shall obtain an access permit for any road improvements and/or new driveways, which shall be approved by the Planning Engineer. c. The owner of the Lot shall obtain a County access permit for the driveway to the Lot,which shall be approved by the County prior to issuance of the building permit for the particular Lot. The driveway for each of Lots 1-7 shall have a minimum width of 16' and an all- weather surface capable of handling fire apparatus. Any dead end driveway in excess of 150 feet in length shall have a turnaround approved by the Basalt and Rural Fire Protection District (BRFPD). 5. Wildfire Mitigation for Lots 1-5. a. Landscaping and Defensible Space Requirements. The owners of each Lot shall comply with the following landscaping and wildfire defensible space mitigation standards: -14- i. For a distance often to fifteen(10-15)feet around all structures,maintain vegetation at a height of six (6) inches or less with mowed grass, low growing perennials or hard surfaces. Woody vegetation shall not be planted within this area. ii. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels for a distance of one-hundred(100) feet to the downhill of and seventy-five (75) feet to the uphill of and level with all structures (the "perimeter"). iii. Spacing between clumps of brush and vegetation within the perimeter shall be a minimum of two(2)times the height of the fuel. The maximum diameter of the clumps within the perimeter shall be two(2)times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. iv. All branches from trees and brush within the perimeter shall be pruned to a height of ten (10) feet above the ground and ladder fuels from around trees and brush shall be removed. v. Tree crown separation within the perimeter shall have a minimum of ten (10) feet between the edges of the crowns. vi. All branches that extend over the roof eaves shall be trimmed and all branches within • fifteen (15) feet of the chimneys shall be removed. vii. The density of fuels within the perimeter of all structures shall be reduced. viii. All deadfall within the perimeter shall be removed. ix. The owner of each Lot shall be responsible for the continued maintenance of the defensible space vegetation requirements. b. Additional Wildfire Mitigation Requirements for Lots 1-5. i. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1. All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof -15- 3. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. ii. Vents shall be screened with corrosive resistant wire mesh with %J inch maximum mesh. iii. Roofs and gutters shall be kept clear of debris. iv. Yards shall be kept clear of all litter, slash, and flammable debris. v. All flammable materials and firewood/wood piles shall be stored on a parallel or higher contour a minimum of fifteen (15) feet away from any structure. vi. Swimming pools or ponds shall be accessible to Fire Department vehicles. vii. Fences shall be kept clear of brush and debris. viii. Wood fences shall not connect to the structure. ix. Fuel tanks shall be installed underground with an approved container. x. Propane tanks shall be installed according to NFPA 48 standards and on a contour 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 the walls. xi. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. xii. Addresses shall be clearly marked with 2-inch non-combustible letters and shall be visible and installed on a non-combustible post. xiii. New utility lines shall be buried within roadways or driveways. -16-- 6. Wildfire Mitigation for Lots 6-7, for the recreational facility on Common Parcel 2, and for the Deed-Restricted Residence on Common Parcel 1 (as described in Paragraph 8, below). a. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows(note:actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions). Vegetation management as described herein shall be completed prior to the commencement of construction. i. Brush, debris and non-ornamental vegetation shall be removed within a minimum ten- foot(101) perimeter around all structures. ii. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty(30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). iii. Spacing between clumps of brush and vegetation up to the thirty(30)foot perimeter shall be a minimum of two (2)times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. iv. All branches from trees and brush within the thirty(30)foot perimeter shall be pruned to a height of ten(10)feet above the ground with removal of ladder fuels from around trees and brush. v. Tree crown separation within the thirty(30)foot perimeters shall have a minimum often (10) feet between the edges of the crowns,except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. vi. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. vii. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. viii. All deadfall up to a one hundred (100) foot perimeter shall be removed. ix. No new conifer trees shall be planted within ten (10) feet of a residence. x. No flammable mulches shall be placed within two (2) feet of a residence. xi. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. b. Defensible space mitigation standards for the recreational facility on Common Parcel 2 shall be as follows: -17- ix. Provide adequate engineering of all retaining walls over four(4)feet in height and/or any improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of seven (7) feet tall. x. Pay applicable road and employee housing impact fees. 9. School Land Dedication. Prior to the issuance of a building permit for development of a single- family residence on Lots 3,4,5 and 7,the Lot owner shall pay to Pitkin County a cash-in-lieu fee for school land dedication for the Roaring Fork School District,which fee shall be calculated in accordance with the regulations in effect at the time of issuance of a building permit for the given Lot. No similar cash-in-lieu payment shall be required in connection with development on Lots 1, 2 or 6, or Common Parcels 1 or 2. 10. Air Quality. Owner has satisfied all PM10 mitigation requirements attributable to the Subdivision by: (1) donating Tract A (approximately 1.015 acre)to Pitkin County Open Space and Trails for use as a trailhead parking lot; (2)purchasing two"I-Stops,"one each for the RFTA bus stops at Wingo Junction and Holland Hills; and(3)prohibiting solid fuel burning devices in the employee dwelling units on Common Parcel 1. The owner of any Lot shall adhere to the Pitkin County Air Quality Standards in effect at the time of issuance of any building permits. All residential structures must comply with the Pitkin County fireplace and wood burning stove regulations in effect at the time of issuance of the building permit therefor, except that solid fuel burning devices are prohibited in the employee dwelling units on Common Parcel 1. Also, prior to the submission of building permit applications for the residences on all Lots, the Lot owners shall submit a fugitive dust control plan for review and approval by the Environmental Health Department. 11. Exterior Lighting. All exterior lighting within the Subdivision shall comply with Pitkin County Land Use Code Section 7-20-140, as may be amended and in effect at the time of installation,in regard to lighting regulations. 12. Drainage; Sedimentation. All development within the Subdivision shall comply with the requirements and recommendations of the drainage and erosion control plan for the Subdivision prepared by Rhino Engineering,Inc.,dated February 10,2005,a copy of which is on record with the Community Development Department. At the time of building permit application for any individual residence, the subject Lot owner shall submit to the County Engineer a site specific Drainage and Erosion Control Plan which incorporates measures to eliminate drainage impacts of such construction on the Lot. To the extent required, on-site detention, temporary construction measures such as silt fencing and hay bale detention areas, and final landscape design incorporating grassed sedimentation basins, shall be incorporated in the Drainage and Erosion Control Plan in order to ensure that sediment does not impact area drainages, irrigation -22- • ditches, riparian areas, or the Roaring Fork River. Positive grading away from residences, diversion of all upslope water away from the building sites, and revegetation of all disturbed areas shall be required as part of any new construction, remodeling,reconstruction, restoration, replacement or expansion processes on the Lots. Prior to issuance of any building permit for Lots 1-7, the Lot owner shall obtain a Stormwater Management Permit from the State, and all drainage,erosion control and situation measures required by such permit shall be in place prior to the commencement of any work on the structures on the Lot. 13. Road Impact Fees; Road Improvement District. At building permit application for each of Lots 1-7,the owner of the Lot shall pay any applicable road impact fee based on County regulations in effect at that time. 14. Parking. The owner of each Lot shall be responsible for providing two (2) off-street parking spaces for each new single-family residence built on such Lot. 15. Fire Protection. Each Lot owner shall comply with the codes and standards of the Basalt and Rural Fire Protection District ("BRFPD"). All new residences and dwelling units of more than 5,000 gross square feet shall contain an interior sprinkler system and shall be connected to an on- site water storage tank with a pump to supply the applicable sprinkler system(s) in a system acceptable to BRFPD. Prior to the issuance of a Certificate of Occupancy for the first residence on Lots 1-5, dry fire hydrants shall be installed within five (5) feet of the edge of the new road for hook-up and within six-hundred (600) feet of the houses; a total of no more than three (3) such hydrants shall be required in locations to be approved by the BRFPD Fire Marshal. The ponds shall be kept full,maintained and serviceable for emergency use at all times. The owners or homeowners association shall ensure that annual testing is conducted on the dry hydrant system to ensure operational readiness. Testing and maintenance shall comply with the provisions of NFPA 25, Standard for the Inspection,Testing and Maintenance of Water Based Fire Protection Systems, to the satisfaction of the BRFPD. 16. Signage. All owners of Lots shall at all times comply with Pitkin County Land Use Code Section 7-60, as may be amended, in regard to signage on the Lots. 17. Wildlife Impact Mitigation. The owner of each Lot shall comply with the following measures to mitigate impacts to wildlife: a. Native vegetation shall be maintained outside of the Building or Activity Envelopes, as applicable, with the exception of agricultural areas. No riparian or wetland vegetation shall be damaged or removed. b. Trash/garbage shall be kept in an approved bear resistant container of enclosure,pursuant to -23- the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a Certificate of Occupancy. c. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: i. Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 54 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between the two lower rails. ii. Wire fencing must be 3 strands or less. The top wire should be a 12.5 gauge twisted barbless type at a maximum of 42 inches. The middle strands (which may be barbed) should be located a minimum 12 inches apart and from the top wire. The bottom strand should be 16 inches from the ground. iii. Mesh or wire woven fences are prohibited outside of the activity envelope. d. Avoid fruit-bearing trees and shrubs in any landscaping. e. Construction workers shall be prohibited from bringing dogs on-site during construction. f Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least 10 feet from the ground suspended between two trees or posts. All seed feeders shall include a catchment pan to catch discarded seed. g. Dogs shall be kenneled within 50' of a residential building or leashed under human supervision at all times,except for dogs working as part of an agricultural operation,when at work. h. All outside doors shall utilize only solid, round-handled doorknobs unless another type is required by the applicable building code for disabled accessibility purposes. 18. Weed Control. Owners of Lots shall comply with the County's Noxious Weed Management Plan. 19. Planned Unit Development(PUD)Variations. The Plat identifies lot sizes,lot dimensions and setbacks,which have been determined and approved through the PUD review process under the provisions of the County Code and which, in some instances, vary from the provisions of the zone district regulations applicable to the Subdivision. In the event of any inconsistency between such zone district regulations and the Plat, the Plat shall govern and control. Lot 1, Lot 7 and Common Parcel 1 include several existing structures that will remain. These structures are shown on the existing conditions survey attached as page 2 of the Plat and on the 1041 Hazard -24- • Review Site Plans and the Activity Envelope Plan,as applicable, for the various lots. Several of these existing structures are located closer to lot lines than would otherwise be permissible in the AR-10 zone district. Each such existing structure(to the minimum extent necessary)is granted a setback variance through this PUD approval and shall be considered legal with regard to setback requirements of the PUD for so long as such structures shall continue to exist. Such structures may not be replaced without conforming to the setback requirements of the applicable zoning then in effect and as varied for this PUD. As noted on the Plat,the approved minimum setbacks for the Roaring Fork Meadows Subdivision/PUD are as follows: YARD •Lot,1 Lot 2 i Lot'3 L&t 4 Lot 5= .`Lot 6 - °Lot;7 ' EP-1 > CP=2, - Front'.;.; 100 ft 50 ft 50 ft 50 ft 50 ft 50 ft loft 100 ft 20 ft Side • 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft Rear,:.;:; 50ft 30ft 30 ft 30ft 30ft 30ft 30ft 50ft 100ft The above described minimum setbacks are based on the following approved understandings: The "front" yard for Lot 1 is defined from the lot line adjoining Common Parcel 1; the "front" yard for Lots 2 and 3 is defined from the lot line adjoining Lots 6 and 7,as applicable;the"front" yard for lots 4 and 5 is defined from the lot line adjoining Lot 6 and the Denver& Rio Grande Railroad right-of-way, as applicable; the "front" yard for Lot 6 is defined from the lot line adjoining Lot 3;the"front"yard for Lot 7 is defined from the lot line adjoining Common Parcel 1;the"front"yard for Common Parcel 2 is defined from the lot line adjoining the Denver&Rio Grande Railroad right-of-way;the"front"yard for Common Parcel 1 is defined from the lot line adjoining Tract A, the CDOT parcel, and the Denver& Rio Grande Railroad right-of-way; and the "side" yards for Lot 6 are defined by the lot lines adjoining Lots 7 and 4. 20. Construction Management Plan. Prior to commencement of construction on each Lot, a Construction Management Plan shall be submitted to the Community Development Department for review and approval. The Plan shall include but not be limited to a detailed construction schedule, methods of handling traffic on Highway 82 (if required by CDOT), maintenance of Hougland Ranch Road, and notice to Pitkin County Open Space and Trails and RFTA of any work adjacent to or within the Denver & Rio Grande Railroad Right-Of-Way, the Basalt/Old Snowmass Trail, or Conservation Easement Area. 21. Residential Property Tax Classification. As part of its consideration of the request for development approval,the BOCC found in Resolution No. 003-2013 that: (1)the valuation of the Property and improvements proposed to be made under the Resolution will be significantly higher relative to the value of any agricultural products produced and that it is unlikely for Owner to generate enough revenue from commercial agricultural activities to sustain a viable agricultural operation and (2) the approvals when fulfilled change the -25- primary and fundamental use of the land from being agricultural. Therefore, and as a condition of the Resolution, the BOCC required the Owner to record a Covenant prohibiting commercial agricultural activity, pursuant to Section 2-20-10(e) of the Pitkin County Land Use Code; said Covenant is recorded under separate cover as Reception No. �o5G7o . Furthermore, the primary purpose of ownership and use of all property in the Roaring Fork Meadows Subdivision/PUD is for residential purposes. All improvements and uses of lands within the Subdivision are associated with residential use of the property. Any activities occurring on the Property or uses of the Property that would cause the properties to be classified as agricultural lands pursuant to Title 39, Colorado Revised Statutes, are prohibited. To the extent this paragraph is inconsistent with any requirement contained herein of maintaining historical irrigation patterns or other agricultural use of the property,this paragraph shall govern and control. 22. Fisherman's Access Easement. Owner has granted and does hereby grant to County an Easement as shown on the Plat 25 feet in width from the Denver&Rio Grande Railroad Right-Of-Way to a 5-foot Fisherman's Easement along the Roaring Fork River. Owner shall have no responsibility for the construction of any improvements necessary for use of such easement and the County agrees to indemnify and hold harmless the Owner from any costs or liability associated with the use or operation of such Access Easement. Prior to the construction of any improvements, the County shall be required to obtain the approval of the Owner, which approval shall not be unreasonably withheld. 23. Irrigation and Water Rights. Owner shall continue to irrigate lands within the Agricultural Easement and will utilize and preserve all irrigation water rights to the fullest extent possible. 24. Ditches. No buildings shall be constructed immediately downhill of the Kester Ditch without the ditch being placed in a culvert, lined or otherwise treated to avoid leakage of water downhill towards the building(s). Activities and development shall ensure that ditch owners have access to the ditch. 25. Maintenance of Pre-Existing Improvements. Notwithstanding anything in the foregoing to the contrary,pre-existing improvements,disturbances,and vegetation,including but not necessarily limited to access roads or driveways not specifically required for abandonment and/or reclamation; ponds and water features; utilities; buildings,ponds and similar improvements on Common Parcel 1; and the fire pit, loop drive,culverts, and similar improvements on Common Parcel 2, may be maintained as needed for functionality and aesthetic considerations. -26- ARTICLE III GENERAL PROVISIONS 1. In the event Owner does not develop the Subdivision or market the individual Lots, Owner may sell all the Lots in bulk in the Subdivision to a third party who may develop the Subdivision, or portions thereof,including the construction of the public improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party,Owner shall be automatically released of all liability and obligations under the terms of this Agreement and the new owner shall be subject to all the provisions hereof. 2. Any notice, communication, request, reply or advice (hereinafter severally and collectively,for convenience, called Notice) in this Agreement provided or permitted to be given, made or accepted by either party to the other party must be in writing and may, unless otherwise in the Agreement expressly provided,be given or be served by depositing the same in the United States mail, postage prepaid and certified and addressed to the party to be notified, with return receipt requested,or by hand-delivering the same to an officer or agent of such party. Notice deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For purposes of Notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: To Pitkin County: The Board of County Commissioners c/o Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 To Owner: Roaring Fork Meadows LLC c/o Mr. Ned S. Holmes 55 Waugh Drive, Suite 1111 Houston, Texas 77007 The parties hereto shall have the right from time to time to change their respective addresses,and each shall have the right to specify as its address any other address within the United States of America by at least five days' written Notice to the other party. IN WITNESS WHEREOF, the parties have executed this PUD Guide the day and year first written above. -27- THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By / , i � �� Chairperson �1�(sl J • TES : , APPROVED AS TO FORM: i �/ / i By. ,I/t!/.': 1 By / County Attorney STAT " OF COLORADO ) ) ss. COUNTY OF PITKIN ) �jl Subscribed and sworn to before me this/7- day of aaidit 4v, 2007 by Uzecl e ) eitiyua K as Chairperson of the Pitkin County Board of County Commissioners. �\ OO '\-PRISCp ,�1/ Witness my hand and official seal. n ,/ ; RY • . , My commission expires: ! /`/ a %Q?�O� �i air i_t Prot. , Public I�'''•Slq ti...''F Gam-- OWNER: --:-- Roaring Fork Meadows LLC, a Colorado Limited Liability Company By: Ned S. Ho es Inves ents, Inc.,its manager By: d S- / ' l3 Ned . Holmes Dated Chairman and CEO -28- The Ned S. Holmes Profit Sharing Plan By: did a 2 -7-73 Ned S. Holmes, Co-Trustee Dated r _—� By: .e,rJ C . /.2,- I,,,re_.) 3' /1 /l3 Kathleen E. Temme, Co-Trustee Dated STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this hr day of fitk jts 2013 by Ned S. Holmes, Chairman and CEO of Ned S. Holmes Investments, Inc.,manager of Roaring Fork Meadows LLC on behalf of Roaring Fork Meadows, LLC,a Colorado Limited Liability Company. Witness my hand and off cial seal. My commission expire 944--) Notary Pu lic STATE OF TEXAS ) LYNDA J. EZER ) SS. i • o�' Notary Public.State of Texas COUNTY OF HARRIS ) = ' .. My Commission Expires icti sl��:°' prii 13, 2016 The foregoing instrument was acknowledge Delore me this/sr day of ll/,t r,2013 by Ned S. Holmes, Co-Trustee of The Ned S. Holmes Profit Sharing Plan. Witness my hand and offi ial seal. My commission expires /a ao/6 at Not Public qi-e--- ,,,:5, LYNDA J. EZER ',?4. % ^ Notary Public.State of Texas ;.�./-N, My Commission Expires %44 April 13, 2016 -29- STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this Jejr day of G u.s r ,2013 by Kathleen E. Temme, Co-Trustee of The Ned S. Holmes Profit Sharing Plan. 1 Witness my hand and official seal. My commission expirestQ //33 ,20/& [[ //et9J Notary Publ c LYNDA J. EZER ': r_ Notary Public. State of Texas 4t My Commission Expires Lt4e April 13, 2016 RFM SubdivisionRFM PUD Guide Amendment 4-4-13.doc -3 0- J RECEPTION#: 605668, 11/20/2013 at 10:01:16 AM, CONTRACT# 3 -PO/3 1 OF 10, R $56.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO AMENDED AND RESTATED ROARING FORK MEADOWS SUBDIVISION/PUD VESTED PROPERTY RIGHTS AGREEMENT THIS AMENDED AND RESTATED yESTED PROPERTY RIGHTS AGREEMENT ("Agreement"), made and entered into this /a`- day of NeMM i4et , 2013 , by and between ROARING FORK MEADOWS, LLC AND THE NED S. HOLMES PROFIT SHARING PLAN (collectively "Owner") and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado ("County"). WITNESSETH WHEREAS, Owner has submitted to the County for approval; execution and recording a final plat entitled SECOND AMENDED PLAT of ROARING FORK MEADOWS SUBDIVISION/PUD(the"Subdivision"or the"Project"),which plat has been filed for record in the real property records of Pitkin County, Colorado, on //— 2 o , 2013 in Plat Book/b 5 at Pages g- (the "Plat"). The Plat is incorporated herein and made part hereof by this reference while this Agreement is likewise incorporated into and made a part of the Plat by this reference. The real property described in the Plat is herein referred to as the "Property." The Subdivision consists of seven lots,two common parcels and one tract,to wit: Lot 1,Lot 2,Lot 3,Lot 4, Lot 5, Lot 6 and Lot 7 (the "Lots"), Common Parcel 1 and Common Parcel 2 (the "Common Parcels") and Tract A; and WHEREAS, the County has fully considered the Plat, the proposed development and improvements of the lands therein,and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and WHEREAS,County has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat finding such matters necessary to protect, promote and enhance the public welfare, and is willing to execute the Plat upon Owner's agreement to the obligations herein, all as required by the Pitkin County Land Use Code (the "Code"); and WHEREAS,the County and Owner have,simultaneous with the execution hereof,executed for recording the Amended and Restated Roaring Fork Meadows Subdivision/PUD PUD Guide ("PUD Guide") defining the conditions and terms for development of the Subdivision; and WHEREAS, pursuant to Resolution No. 068-2004 adopted June 9, 2004 and recorded as Reception No.499298 in the office of the Clerk and Recorder of Pitkin County,Colorado,the Pitkin County Board of County Commissioners (the "BOCC") granted the Morrow/Wingo Junction Subdivision/P.U.D. approvals for Lots 1-5 and Common Parcels I and 2 of the Property. As a result, >,a -1- the area north of the Alexis Arbaney Ditch, including the Basalt/Old Snowmass Trail, has been encumbered with a conservation easement,and all areas below the Alexis Arbaney Ditch and outside of the development envelopes which were historically irrigated pastures have been subjected to an agricultural preservation easement to be operated by the homeowners' association. In addition to the foregoing, BOCC Resolution No. 068-2004 includes PUD approval to vary the minimum lot area and setback requirements of the then underlying AFR-10 zone district; 1041 hazard review and conceptual submission approval for the development envelopes;growth management exemption for development of single-family residences of up to 5,750 square feet of floor area on two BOCC- approved subdivided lots(Lots 1 &2);growth management exemption and special review approval to establish the five free-market residential lots as transferable development right (TDR) receiver sites in order to accommodate up to 8,250 square feet of residential floor area on each lot; and, growth management exemption and special review approvals to convert two existing residences into employee housing. WHEREAS,pursuant to Resolution No. 143-2005 adopted on October 12,2005,(hereinafter referred to as the"Resolution"),the BOCC granted Detailed Subdivision and Final Plat approval to the Subdivision. Such approvals provided for creation of: (a) five free-market, single-family residential lots; (b) two common parcels, with one common parcel to contain employee housing, agricultural buildings and common uses and the other common parcel to contain trails and common recreational facilities; and (c) one Tract for a limited use trailhead parking lot to be dedicated to Pitkin County Open Space. The Subdivision is subject to all conditions and restrictions set forth in said Resolution; and WHEREAS, pursuant to Resolution No. 144-2005, the BOCC granted approval of three TDRs from the Morrow South Parcel across Highway 82,which are limited to use on the Property as three initial development rights for up to 5,750 square feet of floor area on each of Lots 3, 4 & 5. WHEREAS, the original PUD Guide for the subdivision was recorded as Reception No. 523402. The BOCC subsequently designated four cabins on the property to the Pitkin County Historic Register and granted a growth management exemption for 2,500 square feet of subgrade space on each of Lots 2-5 pursuant to Resolution No. 051-2008. The Covenant Agreement for the Preservation of the Historic Resources was recorded as Reception No. 550630, and the amended PUD Guide was recorded as Reception No. 550997. The PUD Guide was further amended pursuant to Resolution No. 061-2010 to clarify that the existing residences on Common Parcel 1 needed to be deed-restricted prior to issuance of a Certificate of Occupancy for a free-market residence on any of Lots 3, 4 or 5 to mitigate for 3.465 full-time equivalent employees (FTEs). The Amended PUD Guide was recorded as Reception No. 571156; and WHEREAS, pursuant to Administrative Decision No. 40-2010 approved on June 24, 2010 and recorded as Reception No. 571752 of the Pitkin County Records,the Pitkin County Community -2- Development Director approved Minor Amendments to the Subdivision/PUD and Minor Plat Amendments, including the approval to rename the subdivision "Roaring Fork Meadows Subdivision/PUD," to realign the main access road of the subdivision (Wingo Ranch Road, now "Tejas Trail"), and to revise utility easements to reflect the existing location of those utilities. Additionally,the BOCC approved an amendment to the PUD Guide pursuant to Resolution No.061- 2010; and WHEREAS, pursuant to BOCC Resolution No. 077-2011 granted on August 10, 2011 and recorded as Reception No. 582743 of the Pitkin County Records,the BOCC approved an amendment to the PUD Guide for the Roaring Fork Meadows Subdivision/PUD regarding employee housing mitigation as well as Site Plan Review for the potential replacement three-bedroom employee housing on Common Parcel 1, or for payment of cash-in-lieu; and WHEREAS, pursuant to Resolution No. PZ-8-2010,the Planning and Zoning Commission (P&Z) gave the Barta Parcel GMQS application a score of 24 points, exceeding the minimum threshold of 22 points and found the property eligible for a rural area residential GMQS allotment; and WHEREAS, pursuant to Resolution No. 016-2012 granted on February 22, 2012 and recorded as Reception No. 587630,the BOCC granted approvals for the Conceptual Submission of the Barta Parcel Subdivision into two lots, as well as Subdivision Exemption approval for a Major Plat Amendment to the Roaring Fork Meadows Subdivision/PUD (adding the two new lots to that subdivision as Lots 6 and 7), Activity Envelope approval for the newly created lots, and GMQS Exemptions for the fathering parcel and barn square footage. In this Resolution,the BOCC found the following: a. that there is adequate lot area (70.395 acres) to accommodate seven (7) lots on the combined properties; b. that the condition of BOCC Resolution No. 82-127 stating,"Parcel 1 and Parcel 3 cannot be subdivided further" was not intended to prevent the Applicant from pursuing a subdivision, subject to the Code in effect at the time, as is requested; c. that Owner's request to amend the condition was considered under the Code provision for a major amendment to a development permit. The Code provides that a major amendment shall require a new application of the same type required for the original approval. The Code no longer includes a provision for an Agricultural Lot Split, thus subdivision is the applicable review process; d. that the Major Plat Amendment is being utilized to combine two subdivisions into one, and is not being utilized to re-subdivide the Roaring Fork Meadows Subdivision/PUD to increase the number of lots within the land area contained on the plat; therefore, the Major Plat Amendment complies with the Code; e. that the Activity Envelopes on Lots 6 and 7 avoid constrained areas; and, -3- f. that the subdivision of the Barta Parcel complies with the applicable provisions of the Code; and WHEREAS, Resolution No. 017-2012 allocated 5,750 square feet of floor area to the newly created lot (Lot 7). The BOCC also rezoned the Barta parcel with a PUD Overlay pursuant to Ordinance No. 5-2012, making the effective zoning AR-10/PUD; and WHEREAS,pursuant to Resolution No.003-2013 adopted on January 23,2013,and recorded as Reception No. 598085 of the Pitkin County Records(hereinafter referred to as the"Resolution"), the BOCC granted approval to The Barta Parcel Subdivision/PUD Detailed Submission and Final Plat, Subdivision Exemption for a Major Plat Amendment to the Roaring Fork Meadows Subdivision/PUD, Activity Envelope/Site Plan Review for Common Parcel 2, and Vested Rights Extension. Such approvals provided for addition of two single-family residential lots(Lots 6 and 7) to the subdivision and for Site Plan/Activity Envelope approval for a new recreational facilities envelope on Common Parcel 2 to replace the original recreational facilities envelope (the original envelope is now a Landscape&Access Envelope only). The Subdivision is subject to all conditions and restrictions set forth in said Resolution; and WHEREAS,the Amended and Restated Roaring Fork Meadows Subdivision/PUD Guide and this Amended and Restated Vested Property Rights Agreement supersede and replace all previous versions/iterations of the same in their entirety, respectively. In the event of any conflicts between any of the aforementioned Resolutions and the Amended and Restated Subdivision/PUD Guide/Agreement and the Amended and Restated Vested Property Rights Agreement,the terms and provisions of these Agreements shall govern and control. In the event of any conflicts between any of the aforementioned Resolutions themselves, the terms and provisions of the most recently approved Resolution shall govern and control. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Plat for recordation by the County, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows. -4- ARTICLE I VESTED PROPERTY RIGHTS The Plat, Resolution No. 068-2004, Resolution No. 143-2005, Resolution No. 144-2005, Resolution No.051-2008,Administrative Decision No.40-2010,Resolution PZ-8-2010,Resolution No. 061-2010,BOCC Resolution No. 077-2011, Ordinance No. 5-2012,Resolution No. 016-2012, Resolution No. 017-2012, and Resolution No. 003-2013, the Amended and Restated PUD Guide, and this Agreement between the parties, collectively granting and defining the final PUD and Subdivision approvals for the Subdivision,including but not limited to the Lots,the Envelopes,road and driveways alignments, setbacks, growth management exemptions and rights, and floor area established thereunder and as set forth in this Agreement, collectively constitute the"Site Specific Development Plan" for the Project pursuant to §24-68-101, et seq., C.R.S. In light of all relevant circumstances,including but not limited to the size of the development,economic cycles and market conditions, the Subdivision and each of its Lots, as well as the Site Specific Development Plan for the Project shall be vested against any changes in the County Code, Subdivision Regulations, PUD Regulations or Zoning Regulations, for a period of five (5) years from February 23, 2013, thereby expiring on February 23,2018. Such vesting shall apply to all of the rights and entitlements set forth in the Site Specific Development Plan and any other agreements and documents executed in connection with the Subdivision and consistent with Colorado Statutes. The Site Specific Development Plan shall be considered a"development agreement"as that term is used in Section 24- 68-104 of the Colorado Revised Statutes,and shall include the right to develop and use the Property in the manner permitted under the Approvals. Except with respect to the application of ordinances or regulations of a general nature and applicability and with respect to reasons of public health, safety and welfare, each as permitted under the Vested Rights Statute, §24-68-105 et seq., C.R.S., or as otherwise provided in the Vested Rights Statute, no zoning or land use action by Pitkin County or action pursuant to an initiated measure that would alter, impair, prevent, diminish, impose a moratorium on development,or otherwise delay the development or use of the Property as permitted pursuant to the Approvals shall apply to or be effective against the Property or the development thereof until the Vesting Period Expiration Date. ARTICLE II GENERAL PROVISIONS 1. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of Owner, the County, and their respective successors and assigns, including all future owners of Lots 1, 2, 3, 4, 5, 6 and 7 and Common Parcels 1 and 2, respectively, the owners of the deed restricted residential units on Common Parcel 1,and any homeowner's association created for the benefit of the owners of Lots. -5- 2. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Agreement or any paragraph,sentence,clause,phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of the Agreement,and the application of any such provision, paragraph, sentence, clause,phrase,word, or section in any other circumstance shall not be affected thereby. 4. This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof This Agreement and/or the Plat and all attachments thereto,may be amended or supplemented by the recording in Pitkin County,Colorado real property records of a written amendment executed and acknowledged by Pitkin County and by the then-current record owners of at least five(5) of the seven (7) properties known as Lots 1, 2, 3, 4, 5, 6 and 7 with each such Lot having one(1)vote in the matter. No amendment may further restrict what can be built on Lots 1,2,3,4,5,6 or 7,respectively,unless the owner of the affected Lot has signed the amendment. 5. Upon execution of this Agreement,the County agrees to approve and execute the Plat for the Subdivision,and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. Owner's obligations to construct the improvements contemplated hereunder are expressly contingent on the County's approving and executing the Plat and the recordation of the same in the office of the Clerk and Recorder of Pitkin County, Colorado. 6. Except as expressly set forth in this Agreement, no representations of any kind, express or implied, are given or made by Owner or their respective agents or employees in connection with the Subdivision or any Lot,Common Parcel or Tract therein or any portion thereof, or any improvements thereon,or physical features thereof,or the fitness thereof for any purpose, or access or utility service thereto, or the development potential thereof or any manner of compliance with the Pitkin County Land Use Code or applicable environmental or other laws or regulations,or with respect to the cost of owning, developing, enjoying or maintaining any of the lands within the Subdivision. 7. All covenants,restrictions,conditions and obligations herein contained are covenants running with the land and shall attach and bind and inure to the benefit of the Owner and County, their respective grantees, successors and assigns. 8. In the event Owner does not develop the Subdivision or market the individual Lots, Owner may sell all the Lots in bulk in the Subdivision to a third party who may develop the Subdivision, or portions thereof, including the construction of the public improvements -6- contemplated hereunder,in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party,Owner shall be automatically released of all liability and obligations under the terms of this Agreement and the new owner shall be subject to all the provisions hereof. 9. Any notice, communication, request, reply or advice (hereinafter severally and collectively, for convenience, called Notice) in this Agreement provided or permitted to be given, made or accepted by either party to the other party must be in writing and may,unless otherwise in the Agreement expressly provided,be given or be served by depositing the same in the United States mail, postage prepaid and certified and addressed to the party to be notified, with return receipt requested, or by hand-delivering the same to an officer or agent of such party. Notice deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For purposes of Notice,the addresses of the parties shall, until changed as hereinafter provided, be as follows: To Pitkin County: The Board of County Commissioners do Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, Colorado 81611 To Owner: Roaring Fork Meadows LLC c/o Mr. Ned S. Holmes 55 Waugh Drive, Suite 1111 Houston, Texas 77007 The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five days' written Notice to the other party. 10. Pitkin County and Owner,and their respective successors or assigns,shall each have the right to prosecute an action at any time to enforce the provisions of this Agreement by injunctive relief and/or for damages by reason of any violation of this Agreement. The substantially prevailing party in any action brought to interpret or enforce this Agreement and/or for damages for a violation hereof shall be entitled to an award of its reasonable attorneys' fees and costs. IN WITNESS WHEREOF, the parties have executed this Amended and Restated Subdivision Improvements and Development Agreement the day and year first written above. [Remainder of page intentionally left blank; signatures on following pages.] -7- THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO y-` Ar Chairperson SL-) � ATTEST: APPROVED AS TO FORM: 1 i By:`\-i / A LY `i Oa By ' / Count o STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Su,Y?cribed and sworn to before me this Id of of 0/4/Y, 200!1', by g26l5¢ ,GUiNrtc 4l,as Chairperson of the Pitkin County Board of County Commissioners. Witness my hand and official seal. My commission expires: 7-1741 DRfSCO‘1� Nota- Public 4 o1ARY .'.l h1 a-r o i `C • -8- OWNER: Roaring Fork Meadows LLC, a Colorado Limited Liability Company By: Ned S. Holmes Investments, Inc., its manager By: 112 /0-3 -/3 Ned . Holmes Dated Chairman and CEO The Ned S. Holmes 'rofit Sharing Plan BY: /L/ 1St_I__'. /D - 3-13 Ned S. olmes, ro-Trustee Dated By: , ems Z . ttm. ,°1 31 1•,) Kat leen E. Temme, Co-Trustee Dated STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) 2a The foregoing instrument was acknowledged before me this,3 day of 6It24er,2013 by Ned S. Holmes, Chairman and CEO of Ned S. Holmes Investments, Inc.,manager of Roaring Fork Meadows LLC on behalf of Roaring Fork Meadows, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires .1-.2-5-7/V Ai &al/ ii/Ifittd Notary Public f$'Tfi ?.., D.ELLEN FEINGOLD -9- .:'- Mu COMMISSION EXPIRES i 7 ., Apri125,2014 -,.;i.VdJ,,.. STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ,e The foregoing instrument was acknowledged before me this.3 day of (T/ u6dr,2013 by Ned S. Holmes, Co-Trustee of The Ned S. Holmes Profit Sharing Plan. Witness my hand and official seal. �c My commission expires q'- 5-/51 £C(t f«✓1/ Notary Public 4 NS. D.ELLEN FEINGOLD STATE OF TEXAS ) :'• AN COMMISSION EXPIRES April 25,2014 ) SS. COUNTY OF HARRIS ) 3" The foregoing instrument was acknowledged before me this day of OCtpk r ,2013 by Kathleen E. Temme, Co-Trustee of The Ned S. Holmes Profit Sharing Plan. Witness my hand and official seal. My commission expires 25-74/ _ g' // S/ �� Notary Public ��j Marrow\Nolmes-RoaringForkMeadwsl DemiledSubmssion-FinalPlat/Amended Veste iub15,'1pnt_4d0-ID.doc ?t•: D.ELLEN FEINGOLD • n<', ..OMISSION EXPIRES ' 40125,2014 —10— RECEPTION#: 605669, 11/20/2013 at CONTRACT# JO L/2 4/3 10:01:17 AM, 1 OF 5, R $31.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO COVENANT IN ASSOCIATION WITH THE PITKIN COUNTY 2010 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT AWARDED TO LOT 7, ROARING FORK MEADOWS SUBDIVISION/PUD THIS COVENANT is made this /f day of Neraiteed, 201 3, by Roaring Fork Meadows LLC ("the Owner"), whose address is 55 Waugh Drive, #1111, Houston, TX 77007. RECITALS: WHEREAS,the Owner owns certain real property ("the Property") legally described as Lot 7, Roaring Fork Meadows PUD/Subdivision, County of Pitkin, State of Colorado, as shown on the Second Amended Plat of Roaring Fork Meadows Subdivision/PUD (recorded in Book Its at Page 9 and hereinafter referred to as"the Plat"); and WHEREAS, on September 1, 2010, an application ("the Application") was submitted for a Growth Management Quota System (GMQS) allotment of 8,250 square feet of floor area for a single-family residence and customary accessory structures on a newly created lot through the 2010 Rural Area Residential GMQS scoring and competition procedures for new lots and parcels; and WHEREAS, the Planning and Zoning Commission of Pitkin County ("the Commission") awarded a score of 24 points to the application, which exceeded the minimum threshold total score and the minimum threshold score for each scoring category; - WHEREAS, the Board of County Commissioners ("the BOCC") of Pitkin County accepted the recommended scoring of the Commission but awarded an allotment of 5,750 square feet of floor area for the new lot(Lot 7) (Resolution No. 016-2012); and WHEREAS, the BOCC adopted Resolution No. 003-2013 (recorded as Reception Number 598085) granting approval to the Barta Parcel Subdivision/PUD Detailed Submission and Final Plat, Subdivision Exemption for a Major Plat Amendment to the Roaring Fork Meadows Subdivision/PUD, Activity Envelope/Site Plan Review for Common Parcel 2, and Vested Rights Extension, and said approval includes a condition requiring recordation of a GMQS Covenant for Lot 7 of Roaring Fork Meadows Subdivision/PUD. NOW, THEREFORE, the residential square footage allocation for Lot 7 of Roaring Fork Meadows Subdivision/PUD is conditioned upon, and no building permit to utilize the awarded square footage shall be issued until, the following covenants detailing the representations made in the application, and recognized by the Commission through the award of points, have been recorded in the Office of the Pitkin County Clerk and Recorder. 1.0 General 1.1 The Owner will comply with all of the applicable requirements of the Amended Roaring Fork Meadows Subdivision/PUD Guide (recorded in Book NA-at Page NA-, and hereinafter 2eceprroo No. (oo5 GG9 referred to as "the Guide") and all applicable Pitkin County Land Use and Building Code requirements. 1.2 The Owner will limit development on the Property to the area within the designated Activity Envelopes and will construct the proposed residence within the Activity Envelope, subject to Site Plan Review. 2.0 Facilities and Services 2.1 The Owner will ensure that the primary structures on Lots 6 and 7 of the Roaring Fork Meadows Subdivision/PUD are within six-hundred feet (600') of a fire hydrant, as required by the Fire Marshall, at the time of Site Plan Review or prior to Building Permit application, as applicable. 2.2 The Owner will widen the existing access easement for a portion of Hoaglund Ranch Road within ninety (90) days of recordation of the Second Amended Plat of Roaring Fork Meadows Subdivision/PUD, and will re-grade and gravel the road to create a 20' wide all- season driving surface to assist in fire protection no later than prior to issuance of a Building Permit for Lot 7. The section of road to be improved is on Common Parcel One and extends from the Roaring Fork Meadows entry up to the employee housing units of the adjacent Hoaglund Ranch Historic PUD, and will provide improved emergency vehicle access to the employee housing units. 2.3 The Owner has granted a formal easement for all users of the road on the Second Amended Plat of Roaring Fork Meadows Subdivision/PUD and will create a parking area on Common Parcel One for the residents of the Hoaglund Ranch PUD to accommodate cars and other equipment that currently encroach on Hoaglund Ranch Road and potentially obstruct access. The parking area will be constructed prior to issuance of a Building Permit for Lot 7. 2.4 The Owner will work with Pitkin County Open Space and Trails (OST) to plan and construct a new trailhead parking area on the County-owned Tract 1 prior to the issuance of a Building Permit for Lot 7. As an alternative, if preferred by OST, the Owner will donate $10,000 toward the planned bridge landing area for the connection of Lazy Glen to the Rio Grande Trail prior to the issuance of a Building Permit for Lot 7. 3.0 Effects on the Environment and Resource Conservation 3.1 The Owner will complete an augmentation plan to keep the ponds on the Roaring Fork Meadows Subdivision/PUD filled and this will be done prior to the issuance of a Building Permit for Lot 7. 2 3.2 The Owner will retain and does hereby tie the irrigation water rights to the Roaring Fork Meadows Subdivision/PUD. There is no timing requirement for this condition as the recordation of this Covenant effectively completes this commitment. 3.3 The Owner will switch from flood irrigation to time/controlled zone irrigation for all agricultural areas within the Roaring Fork Meadows Subdivision/PUD prior to issuance of a Building Permit for Lot 7 so as to improve irrigation efficiency. 4.0 Wildlife and Wildlife Habitat Protection The property contains no mapped or known wildlife habitat, as confirmed by Kevin Wright from the Colorado Department of Parks and Wildlife. 5.0 Consistency with Land Use Goals 5.1 The Activity Envelope and Access Envelope for Lot 7 are limited to previously disturbed areas. The remainder of the lot will be included within the Roaring Fork Meadows Subdivision/PUD Agricultural Easement. This condition is enumerated in the Amended and Restated Roaring Fork Meadows Subdivision/PUD Guide and will be satisfied upon the recordation of said Guide. 5.2 Previously disturbed areas adjacent to the Rio Grande Trail will be returned to agricultural use prior to issuance of a Building Permit for Lot 7. 5.3 The Owner does hereby limit the ultimate size of any development on Lot 7 to no more than 5,750 square feet of floor area. This condition becomes effective upon recordation of this Covenant. 5.4 The Owner agrees to limit the height on the Lot 7 property to a maximum of nineteen feet, six inches (19'-6"), which is a 30% reduction from the maximum allowable height of twenty-eight feet (28'). Ridge heights may exceed 19'-6" by up to five feet (5') for a maximum total/ridge height of twenty-four feet, six inches (24'-6"). This condition will become effective upon recordation of this Covenant. 6.0 Recordation Once fully executed, this Covenant shall be recorded in the office of the Pitkin County Clerk and Recorder. 3 7.0 Notices Notices to the parties shall be sent by United States certified mail to the address set forth below or to any other address that the parties may substitute in writing. To the Owner: Roaring Fork Meadows LLC 55 Waugh Drive, #1111 Houston, TX 77007 To Pitkin County: County Manager 530 East Main Street Aspen, Colorado 81611 With Copy To: Pitkin County Attorney 530 East Main Street Aspen, Colorado 81611 8.0 Binding Effect The provisions of this Covenant shall run with and constitute a burden on the property and shall be binding on and inure to the benefit of the Owner and the County's successors, personal representatives, and assigns. 9.0 Amendment This Covenant may be altered or amended only by written instrument executed by the parties, upon approval by the Pitkin County Board of County Commissioners. 10.0 Severability If any of the provisions of this Covenant are determined to be invalid, it shall not affect the remaining provisions hereof. 11.0 Enforcement Owner hereby agrees that in any adjudicated controversy concerning this Covenant, the prevailing party is entitled to its costs and reasonable attorney's fees. Failure to enforce this Covenant does not constitute a waiver of any rights to commence enforcement. [Signatures on the following page] 4 APPROVED AS TO FORM: i _.j wvtt2-e ��x� e Clarke, Community Development Director APPROVED AND ACCEPTED:pe Neln arm, C`ir, Board)County Commissioners OWNER: %14Sliae4- Roaring Fork Meadows, LLC, Owners 61 us S. 14014195 CkcL■-wtewr 4- (Co of tJe4 s: IdohKies tw✓es1 .e,,,{-S T_H< IA en 6.1.0_," r STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 4rday of /-�2tqu-ST , 201_, by Ned S. Holmes, Chairman and CEO of Ned S. Holmes Investments, Inc., as Manager of Roaring Fork Meadows, LLC, Owner of the Property. Witness my hand and official seal. My commission expires: Cifria /3/ao/fo Notary P Roaring Fork Meadows GMQS Covenant !I LYNDA J. EZER f I �,1b Notary Public. State of Texas );:i..GV,`, My Commission Expires . II ''"0 ;o* April 13, 2016 • 5 RECEPTION#: 605670, 11/20/2013 at �OM7 BACT# [30c-2G)3 10:01:18 AM, 1 OF 5, R $31.00 Doc Code COVENANTS Janice K.Vos Caudill, Pitkin County, CO RESTRICTIVE COVENANT PROHIBITING COMMERCIAL AGRICULTURAL USES IN THE ROARING FORK MEADOWS SUBDIVISION/PUD THIS COVENANT ("Covenant") is made this //tg. day of NOI/eht/ea 2013, by ROARING FORK MEADOWS LLC AND THE NED S. HOLMES PROFIT SHARING PLAN (collectively "Owner") affecting the lots and parcels within the SECOND AMENDED PLAT OF ROARING FORK MEADOWS SUBDIVISION/PUD (the "Subdivision," the "Property" or the "Project") which plat has been filed for record in the real property records of Pitkin County, Colorado, on // — o?Q , 2013 in Plat Book 105 at Pages 9- (the "Plat"). RECITALS A.Roaring Fork Meadows, LLC and The Ned S. Holmes Profit Sharing Plan (collectively "Owner") holds title to Lots 1, 2, 3, 4, 5, 6,.and 7 as well as Common Parcels 1 and 2 of the Roaring Fork Meadows Subdivision/PUD, according to the • Second Amended Plat thereof recorded in Plat Book)0$ at Page 9 (collectively, the "Property"). B.Owner has received certain land use and development approvals from Pitkin County, including: Resolution No. 068-2004; Resolution No. 143-2005; Resolution No. 144- 2005; Resolution No. 051-2008; Resolution No. 061-2010; Administrative Decision No. 40-2010; Resolution No. 077-2011; Resolution No. PZ-8-2010; Resolution No. 016-2012; Resolution No. 017-2012; and most recently, Resolution No. 003-2013 of the Pitkin County Board of County Commissioners (the "BOCC") granting approval to the Barta Parcel Subdivision/PUD Detailed Submission and Final Plat, Subdivision Exemption for a Major Plat Amendment to the Roaring Fork Meadows Subdivision/PUD, Activity Envelope/Site Plan Review for Common Parcel 2, and Vested Rights Extension ("Approvals"). C. Owner's most recent Application and Approvals covered, among other things, the following development and redevelopment activities: detailed submission and final plat approval to subdivide the Barta Parcel into two lots; to amend the Roaring Fork Meadows Subdivision/PUD to include the two new lots (as Lots 6 and 7); to establish an activity envelope and obtain Site Plan Review approval for a recreational facility on Common Parcel 2; and to extend the vested rights. D. As part of its consideration of the request for development approval, the BOCC found in Resolution No. 003-2013 that: (1) the valuation of the Property and improvements proposed to be made under the Approvals will be significantly higher relative to the value of any agricultural products produced and that it is unlikely for Owner to generate enough revenue from commercial agricultural activities to sustain a viable agricultural operation and (2) the Approvals when fulfilled change the primary and fundamental use of the land from being agricultural. Therefore, and as a condition of the Approvals, the BOCC required the Owner to record a Covenant prohibiting commercial agricultural activity, 1 pursuant to Section 2-20-10(e) of the Pitkin County Land Use Code. NOW, THEREFORE, Owner declares and acknowledges that the following terms, covenants and conditions shall apply to the affected Property and shall be deemed to run with the land and be a burden and a benefit to the Owner and their successors and assigns and any person owning or acquiring interest in the affected real property and improvements, their grantees, successors, heirs, executors, administrators, devisees or assigns: 1. The Owner hereby permanently places a covenant on the land prohibiting the Owner from seeking agricultural tax status or classification for real property taxation purposes under Title 30, C.R.S. 2. The foregoing shall not be construed to prohibit the Owner from conducting any activity permitted in the AR-10 Zone District, including, but not limited to, agricultural uses, the breeding, keeping and sale of livestock animals or the growing, harvesting and sale of cash crops; nor, shall the foregoing constitute an independent source of authority to engage therein without approvals which are otherwise required therefor under the Code; PROVIDED, HOWEVER, the Owner shall not assert that the Property is a "farm" or "ranch" as defined in 39-1-102 (3.5) and (13.5) or that the Property is owned for the primary purpose of deriving a monetary profit therefrom by engaging in agricultural activities. 3. At the request of the Owner, the Pitkin County Board of Commissioners may release this Covenant if the circumstances that originally caused the Covenant to be required were to change. These circumstances are described in Recital D above and the factors used to determine said circumstances are defined in Section 2-20-10(e) of the Pitkin County Land Use Code ("Code"). 4. The provisions of this Covenant constitute the covenants that run with the title to the Property for the benefit of Pitkin County, Colorado, its successors and assigns and shall be deemed an appurtenance to the title to such lands. 5. This Covenant shall be specifically enforceable by Pitkin County and its successor, by any appropriate action, legal or equitable. Pitkin County may resort to any and all available legal action provided under law; PROVIDED, HOWEVER, the Owner agrees not to assert any claim for the award of attorney fees in any action brought by it pursuant to Section 7 hereof. 6. In the event that the parties resort to litigation with respect to any or all of the provisions of this Covenant, the prevailing party shall be awarded damages and costs, including, but not limited to reasonable attorney's fees. 7. Because this Covenant has been required by the BOCC as a condition of Approvals, and has not been voluntarily entered into, nothing herein shall preclude or constitute a waiver of the right of the Owner to hereafter challenging the validity of Section 2-20-10(e) of the Code and/or the application thereof to the Property in a court of law having jurisdiction there over. 2 8. In the event that Section 2-20-10(e) shall in the future be determined to be invalid by a final unappealable determination by a court of competent jurisdiction or in the event said Section 2-20-10(e) shall be repealed by the Board of County Commissioners of Pitkin County, Colorado, this Covenant shall thereafter be null, void and of no further force and effect. IN WITNESS, WHEREOF, the Owner of the Property has executed this Covenant as of the day and year above set forth. [Signatures on the following pages] 3 OWNER: Roaring Fork Meadows LLC, a Colorado Limited Liability Company By: Ned S. Hol es Investments, Inc., its manager By: GG a 5 - / -/3 Ned S. Holmes Dated Chairman and CEO The Ned S. Holm Profit Sharing Plan By: a i -/ - /3 Ne S. Holmes, Co-Trustee Dated By: � t� � i 8/i ' l-s Kathleen E. Temme, Co-Trustee Dated . STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this Ai- day of [LST , 2013 by Ned S. Holmes, Chairman and CEO of Ned S. Holmes Investments, Inc., mana r of Roaring Fork Meadows LLC on behalf of Roaring Fork Meadows, LLC, a Colorado Limited Liability Company. Witness my hand and offi ial seal. �,Q My commission expires / a O/ Notary Pul5lic q STATE OF TEXAS ) ' 4.1,;,^p,„ LYNDA J. EZER ) SS. g• a Notary Public,State of Texas COUNTY OF HARRIS ) e +r• My Commission Expires '':1;er„7 April 13, 2016 The foregoing instrument was acknowledged before me this s/£rday of h'u!/asr, 2013 by Ned S. Holmes, Co-Trustee of The Ned S. Holmes Profit Sharing Plan. Witness my hand and official seal. My commission expires 4141 /3/,20/4 �' ic Notary public 9--lit . ' .;:ty �;;e LYNDA J. EZER ?�' e.Notary Public, State of Texas it My Commission Expires s'ig,i��`,�'at' April 13, 2016 4 STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this (gat day of Au,us r , 2013 by Kathleen E. Temme, Co-Trustee of The Ned S. Holmes Profit Sharing Plan. J Witness my hand and official seal. My commission expireta /3 44 , C Notary P blic tick4eit +e.g�'�•4 LYNDA J. EZER Notary Public, State of Texas s �'@.. My Commission Expires �ai19 April 13, 2016 PITKIN COUNTY, COLORADO APPROVED: George Newma Chair, .;ad of County Commissioners 9'4 John Ely, County Attorne 5