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Home My WebLink Aboutpitkin.planning.246717400028 (2)DOCUMENT LAYOUT TffiS FILE MAID BELOW IN THE FOLLOWING ORDER INFORMATION 1 Summary Sheet Resolution for the BOCC an&or P &Z Ordinance for the BOCC and/or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11%17) Parcel ID: 2467- 17 -4 -00 -028 Application Date: 1/9/14 Case No: P003 -14 Description: High Valley Farms LLC Minor Amendment to a Development Permit Planner: Mike Kraemer # Copies: 1 Allocated Hours 3 % Over Hours: 3.6 Project Address: 24480 HWY 82, BASALT, CO 81621 Property Owner: HIGH VALLEY FARMS LLC Owner's REP: MITCH HAAS REP's Email: mitch @hlpaspen.com Referrals: Comments Due Date: Address: PO BOX 4310 Owner Phone: (970) 270 -6004 ASPEN, CO 81612 Address: 420 E MAIN ST, SUITE 10 -B REP's Phone: (970) 925 -7819 ASPEN, CO 81611 Other Referrals: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination # Admin Determination #: 002 -2014 #607590 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks no vesting Covenant to #138 -2014 #609726 Application Type: Minor Amendment to a Development Permit CONTRACT # / �,9- < 1,4 RECEPTION #: 609726, 04/24/2014 at 01:24:56 PM, 1 OF 7, R $41.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO RESTRICTIVE COVENANT FOR THE USE OF AND AGREEMENT FOR AGRICULTURAL BUILDINGS THIS ,RESTRICTIVE COVENANT ( "Restrictive Covenant ") is made and entered this Irday off pmg 2014, by High Valley Farms, LLC ( "Grantor' or "Owner "), concerning the property located at 24480 Highway 82, Basalt, Parcel ID# 2467- 174 -00 -028, more specifically described in Exhibit "A" attached hereto, located in Pitkin County, for the benefit of the Pitkin County Board of County Commissioners ( "County "). WITNESSETH WHEREAS, Grantor owns the real property described in Exhibit "A" ( "Property"), which Property will contain agricultural buildings (green houses and ancillary agricultural buildings) as allowed pursuant to Sec. 5- 20- 700)(5)(b) of the Pitkin County Land Use Code. Said agricultural building will be located as shown on the attached site plan (Exhibit `B ") and shall contain no more than 25,000 square feet of exempt floor area as approved in BOCC Resolution No. 067 -2013. No additional floor area shall be attainable on the Property without future approval by Pitkin County, by way of application through the Pitkin County Land Use Code. For the purposes of this Restrictive Covenant, the approved agricultural buildings and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the "Agricultural Buildings "; and WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property, which restrict the use of the Agricultural Building, as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the covenants, terms, conditions, and restrictions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and convey to the County, forever and in perpetuity, an interest in the Property, for and in consideration of the recitals and mutual covenants, terms, conditions and restrictions contained herein: 1. Restrictive Covenant pertaining to use of the Property. The new A yltural �+�� Buildings shall henceforth be limited to 25,000 square feet of greenhouses and jancillary 69 agricultural buildings, until which time a subsequent Land Use application is made and approved by Pitkin County. The use of these new buildings shall be limited to only agricultural uses, and any ancillary use(s) that directly supports the primary use and is /are permitted under the Land Use Code. 2. Covenant running with the land: binding effect. The provisions of this Restrictive Covenant shall constitute a covenant that runs with the title to the Property as a burden thereon for the benefit of the County, its successors and assigns and shall be deemed an appurtenance to the title to such land. 3. Permitted uses and activities. As owners of the Property, the Grantor retains the right to perform any act consistent with the Land Use Code to the extent such act is not prohibited or limited by the requirements of this Restrictive Covenant. These ownership rights include, but are not limited to, the right to exclude any member of the public trespassing on the Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use Code for any purpose. 4. Enforcement and Inspection. This Restrictive Covenant and its terms and representations shall be fully enforceable by the County, its successors, assigns and agents in any action at law or equity or both, to secure compliance, including but not limited to, seeking injunctive relief and /or specific performance requiring the Grantor, its successors or assigns to cease and desist all activity in violation of the terms of this Restrictive Covenant and to return the Property to its condition prior to any violation. Moreover, the County and its successors, assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable times upon at least 48 hours advance notice to the Grantor or Grantor's representative, solely for the purpose of monitoring, inspection, and if necessary, remediation of the Agricultural Building in order to enforce and assure compliance with the terms and conditions of this Restrictive Covenant. 5. Methodology for guarantee of maintenance and upkeep of the site and structures. Grantor shall provide financial security to insure the maintenance and upkeep of the site and structures should they become abandoned or otherwise in a state of disrepair. The form and amount of financial security shall be approved by the County Attorney and in place prior to the issuance of any certificate of occupancy for any new structures on the property. 6. Costs and liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the Property and all agricultural buildings, including but not limited to, costs associated with compliance with this Restrictive Covenant. The County's acceptance of this Restrictive Covenant shall in no way be construed as an assumption of any duties or liabilities associated with the Property and Grantor acknowledges that by this Restrictive Covenant, Grantor continues to retain responsibility for any and all duties and liabilities associated with the Property. 7. Subordination. At the time of the conveyance of this Restrictive Covenant, the Grantor represents that the Property is not subject to any mortgage, deed of trust, or judgment lien, or any other instrument that might result in a foreclosure action that could affect the viability of this Restrictive Covenant. 8. Incorporation of the Land Use Code. The Land Use Code, as may be amended from time to time, and any terms or definitions contained therein, are hereby incorporated by this reference in their entirety. 9. Modification. The terms of this Restrictive Covenant can only be modified by an amended covenant executed by both Grantor and County and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 10. Venue and jurisdiction. Grantor and the County consent to venue and jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this Restrictive Covenant. 11. Attorneys fees and costs. In the event of any action or suit between the parties hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions contained herein, the substantially prevailing party in any such action or suit, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. 12. Section headings. Paragraph or section headings within this Restrictive Covenant are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 13. Further actions. The parties to this Restrictive Covenant agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Restrictive Covenant or any agreement or document relating hereto or entered into in connection herewith. 14. Notices. Any notice which is required to be given under this covenant shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid to any address provided herein or to any subsequent mailing address of any additional parties, as long as prior written notice of the change of address or additional parties has been given to the other parties to this Restrictive Covenant. To Grantor: High Valley Farms, LLC PO Box 4310 Aspen, CO 81612 To County: Board of County Commissioners of Pitkin County 530 E. Main Street, 3`d Floor Aspen, CO 81611 With Copies To: Pitkin County Attorney 530 E. Main Street, Suite 302 Aspen, CO 81611 IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the date and year first written above. Grantor `N By: State o olorado ) ss. County of Pitkin ) The foregoing Restrictive Covenant was acknowledged before me this �7— day of 2014 by -;5'c5yAaA,-- Lew QS . Witness my hand and official seal My commission expires on ATTEST 1 Jeanette Jones Deputy Clerk V APPROVED AS TO FORM _y John ' y Attorney ACCEPTED BY Pitkin County Board of County Commissioners Td&Z&7;Q BOCC, Chair Cindy Houben, Date Community Development Director �11 i� SARA STILES NOTARY PUBLIC STATE O COLORADO NOTARY Y COLORADO ID MY COMMISSION EXPIRES SEPTEMBER 19J2017 ACCEPTED BY Pitkin County Board of County Commissioners Td&Z&7;Q BOCC, Chair Cindy Houben, Date Community Development Director �11 i� Exhibit A (Legal Description) Section: 17 Township: 8 Range: 86 PARCEL OF LAND BEING A PART OF TR 55 IN SEC 17 -8 -86 BK 269 PG 751 CONT 30,339 SQ FT BK 273 PG 370 PARCEL OF LAND IN TRACTS 55 & 57 OF SEC 17 -8 -86 DESC BY M/B BK 342 PG 218 ALL FOREGOING DESC IN DEED FROM BETTY L BAILOR BK 466 PGS 329 & 340 Exhibit B (Site Plan) 1F� x/e -sir /�/ lit It pIpESpppp6 €g° 5 °��oFFEI §§n1 A 15'6 €ll�l� E�F9FP C9 }�a c Cdi i .�_ S°Sp€ 4A9it 1 °°fl° .'€ $ °•�� @@11I1�@ a �$, MINIM ° 9�/ y 7y 11;1 1 6 °8111 e$e$ Ct C °F E �t$e E °1 OW°$ 1piltt�E1 � ±1 f IBF iyF@@ pppp1yF P Ya a( yp8$� W 1° Si-li° FF e°y` °y7pi'77Be3e .•i LL c 3 :¢ °`jS91plp €t€11 tl;�l €y_��FF(g €�11E� i FiI - it o V 1118, Gi.A 1 °.e ii! 9v d €1y d @I °ii6' '0111 °i r ®y § #eG €PII @¢pt @3 ya`HesStAiY -8 gE3E€ €5i 3 !°��t gy= y R ULL CL o j •�. / N 1� moo W aWO� ix o Q J T• W = 3. ? LU CL W4 11� Z /�/;; C H a I' LL C' J — a Z , 3 / - a ' H < td€ LU tV N RD 6 E 1 e 1 p � is$' !! €ag! ..5 A�zt 1 � S .9F€ id ICS Cpp x'gz 9E �Sy- §aaQQ 55fr � �,x @ -pgpg?� RECEPTION #: 607590, 01/28/2014 at 10:21:09 AM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE HIGH VALLEY FARMS LLC MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No.L -2014 RECITALS 1. High Valley Farms, LLC (hereafter referred to as "Applicant ") has applied to Pitkin County Community Development Director ( "Director") for a Minor Amendment to a Development Permit to clarify a condition of a previous resolution that limits the height of the approved greenhouse structures to 24'6 ". The subject parcel is located at 24480 Hwy 82, is 4.7 acres in size and is non - conforming in the AR -10 Zone District. The parcel contains a single - family residence, garages and other accessory structures. The parcel is currently under construction for development of 25,000 square feet of greenhouses. (Legal Description, Attachment A). 3. The parcel received approval to construct 25,000 square feet of greenhouses pursuant to BOCC Resolution No. 067 -2013 with the Site Plan recorded at Book 105 Page 1 (Reception No. 605344). Condition #3 of this approval limited height of the greenhouses to 24'6" as measured to the ridge of the roof of the greenhouses. A building permit has been submitted for the greenhouse structures that shows the buildings comply with the 24'6" height limit. In accordance with the Land Use Code, building height is measured from the most restrictive grade. The topography of the lot slopes gently from east to west necessitating that approximately 3' of fill is added under a portion of the foundation, which in turn, adds height to the greenhouses when measured from this grade. The submitted building permit shows the greenhouse structures in compliance with the 24'6" maximum height limit, however, when measured from grade, they exceed the requirement in a small area of the structures. 4. The Director finds that the building permit shows that the proposed greenhouse structures meet the intent of the approved 24'6 "maximum height limit and that the required fill due to the sloping lot will not create any additional visual impact as viewed from Hwy 82. The Director further finds that this amendment is needed to clarify condition #3 of BOCC Resolution 067 -2013, it is consistent with actions taken during the approval process, and it will not change the character of the approved use of the land or its visual appearance. 5. The Director finds that pursuant to Section 2- 20- 150(b), the request is consistent with the Land Use Code. APPROVED by the Director, subject to the following conditions: r Administrative Decision No. -1' 2014 Page 1 of 2 I . The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. APPROVED AND ADOPTED this =.h1 day of 1 c 2014. APPROVED AS TO CONTENT: Cindy Houben, Community Development Director PIDN 246717400028 P003 -13 Administrative Decision No. —C� — 201 Page 2 of 2 LEGAL DESCRIPTION PARCELA A parcel of land being part of Tract 55 in Section 17 Township 8 South, Range 86 West of the Sixth Principal Meridian being described as follows: Beginning et from oA.P. Noe9 Tract 57 Section gh17,, Township 8 Soouth,tRange Highway No. 82 being West of the Sixth Principal o2 Meridian 0" East 1926 Brass Cap in place); thence North 44 °30' West 179.80 feet along the Southwesterly right of way line of Colorado Highway No. 82; thence South 45 °30' West 116.73 feet to the Roaring Fork River, thence South 14 027' East 207.72 feet along the Northeasterly bank of the Roaring Fork River, thence North 45 '30' East 220.75 feet to the point of beginning. PARCELS A parcel of land situated in Tract No. 55 of Section 17, Township 8 South, Range 86 West of the Sixth Principal Meridian, lying Southwesterly of the Southwesterly right -of -way line of State Highway No. 82 and Northeasterly of the Northeasterly bank of the Roaring Fork River, said parcel of land is described as follows: Beginning at an iron post with brass cap found in place and properly marked for Angle Point No. 8 of Tract No. 56 and Angle Point No. 1 of Tract No. 57; point on the Southwesterly right-of-way line o thence South 21 °48'22" East 838.30 feet to The True Point of Beginning, a p said Highway; thence South 44 °30'00" East 504.65 feet along the southwesterly right -of -way line of said Highway; thence South 45 °30'00" West 409.08 feet to a point on the Northeasterly bank of said river, thence North 34 039'00" West 261.29 feet along said river bank; thence North 30 °31'00" West 112.08 feet along said Over bank; thence North 14 °32'00" East 65.12 feet along said river bank; thence North 14 027'00" West 121.24 feet along said Over bank; thence North 45 °30'00" East 220.75 feet to the True Point of Beginning. HAAS January 8, 2014 LAND PLANNING, LLC Mike Kraemer, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: Request for Minor Amendment to BOCC Resolution No. 067 -2013 24480 Highway 82 (f/k/a the Caparrella Property) Dear Mike: The subject property is located at 24480 Highway 82 and was formerly known as the Caparrella parcel. It is an approximately 4.7 acre lot located on the south side of Highway 82, across from the Holland Hills Subdivision. The property is zoned AR -10 and lies outside the Urban Growth Boundary (UGB), in Pitkin County's designated Rural Area. An Activity Envelope and Site Plan were approved pursuant to BOCC Resolution No. 067 -2013. The property is legally described in Exhibit 1 and has a Parcel Identification Number of 2467 - 174 -00 -028. Based on the applicant's representations, BOCC Resolution No. 067 -2013 contains a restriction limiting the height of the approved greenhouse structure to 24' -6 ", as measured to the ridge of the roofs. (See Condition # 3 of the Resolution, attached hereto as Exhibit 4.) The applicant, High Valley Farms, LLC is hereby requesting a minor amendment to the Resolution to clarify that, consistent with representations made, the height measurement to the ridge (not the one -third or one -half points) of the greenhouse structures will be taken from finished grade, not existing grade. Section 2- 20- 150(e) of the Pitkin County Land Use Code states that after the issuance of a development permit, a minor amendment to any development permit intended to change an element or condition of a development permit may be approved administratively, pursuant to the standards and criteria in Code Section 2- 30 -20. Said Section 2 -30 -20 of the Code states that Minor Amendments to Development permits may be approved by Administrative Review upon • 420 E. MAIN STREET, SUITE 10-B ASPEN, COLORADO • 8161 1 • PHONE: (970) 925-7819 FAX: (970) 925 -7395 000001 confirmation that the application meets the criteria of Section 2- 20- 150(b) of the Code, which require that the Community Development Director finds that the request: (1) Is consistent with action(s) taken during previous development approvals for the property; and (2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and (3) Does not cliange the basic character of the approved use of land on 7ohich the activity occurs, including basic visual appearance and method of operation; and (4) Does not constitute a new land development activity; and (5) Does not increase off -site impacts in the surrounding neighborhood; and (6) Does not endanger the public liealth, safety or welfare, and (7) Does not violate any Land Use Code standard, and (8) Does not substantially increase the need for on -site parking or utilities, or affect affordable liousing generation; and (9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. The request made herein meets all of the criteria of Section 2- 20- 150(b) of the Code and should, therefore, be approved as a Minor Amendment to a development permit. The changes proposed remain consistent with action(s) taken during previous development approvals, and the proposed development remains unchanged. The amendment does not change the basic character of the approved use of land, nor does it constitute a new land development activity. The changes proposed do not increase off -site impacts in the surrounding neighborhood, do not endanger the public health, safety or welfare, and do not violate any Land Use Code standard. Furthermore, the amendment does not increase the need for on -site parking or utilities, does not affect affordable housing generation, and neither increases the floor area of the use nor decreases the open space on the site by more than five percent. In the end, the approved buildings and uses will be identical to that approved. The only result will be clarification of the origination point for the height measurement, with the same approved structure and same approved ridge height of 24' -6 ". As such and on behalf of the applicant, it is respectfully requested that approval of a Minor Amendment to the development permit be granted to clarify that the 24'-6" ridge height limit will be measured from finished grade. It is noted that a 20' accessory structure height limit typically allows a ridge height of 25' but this structure will still be limited to a ridge height of six (6) inches less. 000002 High Valley Farms Minor Amendment (PID 2467- 174 -00 -028) 2 If I can be of further assistance in any way, or if you should have any questions, please do not hesitate to contact me. You can reach me at the phone number provided, or by email at mitch@hlpaspen.com. Yours truly, Haas Land Planning, LLC Mitch Haas Owner/ Manager Exhibits: Exhibit 1: Proof of Ownership & Statement of Authority Exhibit 2: Authorization to Represent Exhibit 3: Pre - Application Conference Summary Exhibit 4: BOCC Resolution No. 067 -2013 Exhibit 5: Agreement for Payment of Application Fees 000003 High Valley Farms Alinor Atnendment (PlD 2467-174-00-028) 1 EXHIBIT Statement of Authority (Section 38-30 -172, C.R.S.) 1. This Statement of Authority relates to an entity named : HIGH VALLEY FARMS, LLC, a Colors liability company 2. The type of Entity is a: _ corporation _ registered limited liability partnership _ nonprofit corporation _, registered limited liability limited partnership limited liability company _ limited partnership association _ general partnership _ government or govemmental subdivision or agency _ limited partnership _ trust 3. The entity is formed under the laws of COLORADO c� 4. The mailing address for the entity is: -PC:) �OX 4.S I O 3P'% .SpQ.f" ' CO 5. The X name — position of each person authorized to execute instruments conveying, encumbering, or otherwise a_ ffecting title to real property on behalf of the entity is: Jordan Lewis S. The authority of the foregoing person(s) to bind the entity is _X_ not limited _ limited as follows: 7. Other matters conceming the manner in which the entity deals with interests in real property: N/A B. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30 -172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed' on behalf of the entity. 1W, ` Executed this l tO day of October, 2013, 1. Name:HIGH VALLEY FARMS, LLC. a Colorado limited liability company G � n. SY ordan Lewis , STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1 day of October, 2013 By:Jordan Lewis Witness my hand and official seal � `=tea My commission expires: l ^ ! t 1 PCT23726 Notary Public � n. YY v, q RECEPTION #: 604759,10/1612013 at 02:18:51 PM, 1 OF 1, R $11.00 DF $0.00 Doc Code AUTH Janice K. Vos Caudill, Pitkin County, CO 000004 Documentary Fee $ 11 0.00 SPECIAL WARRANTY DEED THIS DEED, Made October 16, 2013 between JESSE CAPARRELLA AND JIMMIE ROY CAPARRELLA of the County of Pitkin and State of Colorado, of the first part. GRANTOR and HIGH VALLEY FARMS, LLC, a Colorado limited liability company whose legal address is: `7{ p '&,C>X of the County of Pitkin State of Colorado, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and In consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, In hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confine unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit See Attached Exhibit "A" Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant grant, bargain and agree to and with the said parties of the second part. their successors and assigns, to WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s) SIGNATURES ON PAGE 2 RECEPTION #: 604760, 10116/2013 at 02:16:52 PK 1 OF 3, R $21.00 DF $110.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO 000005 O-V -0— Quit Claim Deed and Assignment Page 1 QIJYT CLAIM DEED AND ASSIGNMENT THIS DEED and ASSIGNMENT, Made this 16t° day of October, 2013 between Jesse Caparrella and Jimmie Roy Caparrella ( "Grantors") and HIGH VALLEY FARMS, Colorado limited liability company, F.O. Box 4310, Aspen, CO 81612 ("Grantee')- WITNESS, that the Grantors- for and in consideration of the sum of TEN DOLLARS, release, s the receipt and andcASSIGN unto the Grant and the Grantee's successors and release, sell, Q r all th IM assigns, forever, all the right, title, interest, claim and demand which the Grantors have in and to the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado, described as follows: Any'and all water and water rights, water structures and structure rights, together with the improvements relating thereto used upon, benefitting, or otherwise appurtenant to the real property described in Exhibit "A" attached hereto including, but not by way of limitation, the following specifically described interests: 0.334 c.f.s. (14.989 g.p.m.) in the Alexis Arbaney Ditch, decreed in Case No. 1104 on June 8, 1904 with an appropriation date of May 15, 1897 for irrigation purposes; 0.334 c.f s. (14.989 9_p -m.) in the Keste Ditch, Priority No. 113B decreed on February 20, 19oo with an appropriation date of April 1, 1885 for irrigation purposes and Priority No. 351 decreed on September 16, 1934 with an appropriation date of April 5, 1904 for irrigation purposes; Stock Certificate No. 007 representing three shares of stock in the Kester Ditch Company; State Engineer Well Permit No. 57683 for domestic purposes. 3U5 lM49M262 RECEPT1oN#: 604761, 10/16/2013 at 02:18.63 PM, 1 OF 4, R $26.00 DF $0.00 Dac Code QCD Janice K. Vas Caudill, Pitkin County, Co Owner's Policy of Title Insurance Schedule A Issued by Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200, Winter Park, Florida, 32789 State: CO County: PITKIN Address Reference: 24480 HWY 82, BASALT, CO 81621 File No.: PCT23726W5 Policy No.: OP- 6- CO1045- 3330411 Amount of Insurance: $1,100,000.00 Premium: $ 2,370.00 Date of Policy: October 16, 2013 @ 2:19 PM Simultaneous #: LP- 13- CO10453330412 Reinsurance #: N/A 1. Name of Insured: HIGH VALLEY FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: HIGH VALLEY FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The Land referred to in this policy is described as follows: See Attached Exhibit "A" Issued By Authorized Signatory 000007 EXHIBIT "A" LEGAL DESCRIPTION PARCELA A parcel of land being part of Tract 55 in Section 17 Township 8 South, Range 86 West of the Sixth Principal Meridian being described as follows: Beginning at a point of the Southwesterly right of way line of Colorado State Highway No. 82 being South 21048'20" East 838.30 feet from A.P. No. 1 Tract 57 Section 17, Township 8 South, Range 86 West of the Sixth Principal Meridian (a 1926 Brass Cap in place); thence North 44 °30' West 179.80 feet along the Southwesterly right of way line of Colorado Highway No. 82; thence South 45 °30' West 116.73 feet to the Roaring Fork River, thence South 14 027' East 207.72 feet along the Northeasterly bank of the Roaring Fork River; thence North 45 °30' East 220.75 feet to the point of beginning. PARCEL B A parcel of land situated in Tract No. 55 of Section 17, Township 8 South, Range 86 West of the Sixth Principal Meridian, lying Southwesterly of the Southwesterly right -of -way line of State Highway No. 82 and Northeasterly of the Northeasterly bank of the Roaring Fork River, said parcel of land is described as follows: Beginning at an iron post with brass cap found in place and properly marked for Angle Point No. 8 of Tract No. 56 and Angle Point No. 1 of Tract No. 57; thence South 21 °48'22" East 838.30 feet to The True Point of Beginning, a point on the Southwesterly right -of -way line o said Highway; thence South 44 "30'00" East 504.65 feet along the southwesterly right -of -way line of said Highway; thence South 45 °30'00" West 409.08 feet to a point on the Northeasterly bank of said river, thence North 34 039'00" West 261.29 feet along said river bank; thence North 30 °31'00" West 112.08 feet along said river bank; thence North 14 °32'00" East 65.12 feet along said river bank; thence North 14 027'00" West 121.24 feet along said river bank; thence North 45 °30'00" East 220.75 feet to the True Point of Beginning. 000003 SCHEDULE B- OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT23726W5 October 16, 2013 @ 2:19 PM OP- 6- CO1045- 3330411 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condominium or homeowners association assessments or dues) for the year 2013 and subsequent years only, a lien not yet due and payable. 9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 189 at Page 63. 10. An undivided one -third of all oil, gas and other minerals in the subject lands, together with the right to enter upon the same to explore, drill, mine and remove the same upon payment of surface damages, as set forth in instrument recorded in Book 187 at Page 94, and any and all assignments thereof. 11. Terms, conditions, provisions, obligations and easements as set forth in Permanent Easement recorded June 25, 1998 as Reception No. 418634. 12. Right of way for Colorado State Highway No. 82. 13. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, relict ion, erosion or avulsion of the center thread, bank, channel or flow of waters in the Roaring Fork River lying within subject land; and any question as to the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of Pitkin County, Colorado accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above River or indicating any alterations of the same as from time to time may have occurred. AND Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of the Roaring Fork River. (Continued) POLICY NO. OP- 6- CO1045- 3330411 CASE NO. PCT23726W5 SCHEDULE B- OWNERS -- EXCEPTIONS— CONTINUED- 14. Encroachments of improvements into the Highway 82 setback (all structures at the northwest corner) and encroachments of the Sheds and fences on the northwest lot line and stairs on the southwest lot line as disclosed by Survey of Frank Harrington dated May 8, 2013 as Job No. 21310220950. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board of County Commissioners recorded October 9, 2013 as Reception No. 604593 as Resolution No. 067 -2013. 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board of County Commissioners recorded October 9, 2013 as Reception No. 604593 as Resolution No. 067 -2013. 17. Deed of Trust from :HIGH VALLEY FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : ZAITS AND SONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY Original Amount : $1,103,219.42 Dated : October 16, 2013 Recorded : October 16, 2013 Reception No. :604762 EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). 000010 Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611 -1975 RE: 24480 Highway 82, Basalt (PID# 2467 - 174 -00 -028) Request for Minor Amendment to BOCC Resolution No. 067 -2013 To whom it may concern As owner of the property located at 24480 Highway 82, Basalt, I hereby authorize Haas Land Planning, LLC (HLP) to act as my designated and authorized representative for the preparation, submittal and processing of an application requesting the approvals listed above as well as any subsequent applications associated therewith. HLP is also authorized to represent me in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours truly, I \�ti.Ut"al Hi Valley Farms, LLC By: Jordan Lewis High Valley Farms, LLC P.O. Box 4310 Aspen, CO 81612 (970) 925 -4372 000011 3 PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY LOCATION: 24480 Hwy 82 PID #: 246717400028 ZONING: AR -10 OWNER: High Valley Farms, LLC REPRESENTATIVE: Mitch Haas PHONE and EMAIL: 925 -7819; mitchnhlpaspen.com DATE: December 23. 2013 PLANNER: Mike Kraemer, 920.5482 Type of Application: Minor Amendment to a Development Permit Description of Project/Development: The Applicant is requesting to amend BOCC Resolution 067 -2013 (Reception No. 604593 that limits the height of an approved greenhouse structure to 24'6 ". The purpose of the amendment is to clarify the physical height of the structure and where height measurements are taken from grade. Land Use Code Sections to be addressed in letter of request (application): Sec. 2 -20 -150: Minor Amendments to a Development Permit Staff will refer the application to the following agencies: None Review by: Community Development Director Public Hearing: No. FEES: FEES: $936 (make check payable to "Pitkin County Treasurer ") • Planning Office flat fee: $936 (non - refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312/hour) To apply, submit I unbound copy of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Previous Land Use Approvals; 3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 4. Parcel description, including legal description and vicinity map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from owner(s) to process application and authorizing the representative (1 copy) 8. Copy of this pre -app form NOTES: • PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPYOF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO -SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. • ALL MAPS SHALL BE FOLDED. • This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staJJ's interpretations based upon representations of the applicant. Additional information may be required upon a complete review ofthe application. ➢ The Pitkin County Land Use Code and Application Manual is available on -line at: http: / /n'iru'.as en itkin. coat /Deparhnents /Counntntih- Development- Pitkin- Cozau} /Platu gj and - Zoning /Land -Use/ 000012 RECEPTION #: 604593, 10/09!2013 at 08:47:16 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 COUN'T'Y, COLORADO, GRANTING APPROVAL FOR THE CAPARRELLA/LEWIS ACTIVITY ENVELOPE AND SITE PLAN AND REQUEST FOR FLEXIBILITY ON AGRICULTURAL SUPPORT BOCC Resolution No. OLI-2013 Recitals Cooper Mason Ventures, LLC through Jordan Lewis ("hereafter the Applicant ") has applied to the Pitldn County Board of County Commissioners CTOCC ") for Activity Envelope, Site Plan Review, and Flexibility for Agricultural Support for the following activities: • Maintain the existing residence, garages and other accessory structures for an onsite employee; • Construct new greenhouse modules and ancillary support buildings that total to 37,500 square feet of floor area and are 24' -6" in height; 2. The subject parcel is located at 24480 Hwy 82, is 4.7 acres in size and is nonconforming in the AR- 10 Zone District. The parcel contains a single - family residence, garages and other accessory structures. (Legal Description, Attachment A). 3. Activity Envelope/Site Plan Review and a request for Flexibility of Agricultural Support are an Administrative Review and decision by the Community Development Director pursuant to Chapter 2 of the Code. The application garnered significant public interest both from neighboring jurisdictions and Pitkin County citizens. Pursuant to Section 2- 30- 20(i)(1)(a), the Community Development Director referred this application to BOCC for review and decision. 4. The BOCC heard this application at a duly noticed public hearing on August 28� 2013, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the proposal demonstrates compliance with Activity Envelope and Site Plan Review, and with alterations to the Site Plan, can be found in conformance with the standards set forth in Chapter 7 of the Code. 6. The BOCC further finds that the scale and size of the requested floor area of 37,500 square feet for the greenhouses and ancillary buildings for a marijuana grow operation is not in concert with the request for Flexibility for Agricultural Support and that a reduced amount of floor area is practical given the circumstances of the small size Lot, existing AR -10 Zone District, and the Highway 82 Scenic View Protection Area. 7. The BOCC further finds that the pursuant to Scenic and Rural Character Guidelines in Chapter 7, there is the ability to reduce the intensity of the development and lessen the impact to Scenic View Protection Area as viewed from Highway 82. To satisfy these Code sections, the BOCC fords that 25,000 square feet is appropriate for the greenhouse and ancillary buildings that will support the agricultural operation and will bring the development into compliance with the Code. 000013 Resolution No.06 � -2013 Page 2 of NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Caparrella/Lewis Activity Envelope, Site Plan Review, and Flexibility for Agricultural Support subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future permit applications, the Applicant shall be required to submit for approval by the County Attorney and 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 final Site Plan shall show that the detention pond is removed from the 100' streamside setback. Recording of the final Site Plan is a condition precedent to issuance of any future permits for development work on the Property. 3. New greenhouse(s) and new ancillary agricultural buildings that support the operation are limited to 25,000 square feet and not more than 24' -6" in height, as measured to the ridge of the roofs. 4. At building permit submittal, the Applicant shall submit a draft covenant against the property for review and recordation by the Community Development Director and County Attorney that limits the use of the new 25,000 square feet of agricultural structures to agricultural uses. If a change of use or additional square footage is desired, the request will be processed under then current Pitkin County regulations. This covenant shall contain a methodology approved by the County Attorney and Community Development Director for maintenance and upkeep of the site and structures should they become abandoned. 5. At building permit application, the Applicant shall: A. Submit an earthmoving permit that identifies all areas disturbed by construction. The permit shall include a detailed revegetation plan that shows native vegetation in the area and tree mitigation for 6" d.b.h. trees that are removed. All revegetation shall occur within one growing season of the project's completion. Financial security for successful revegetation may be required. Best management practices shall be used to limit erosion and keep sedimentation on site. B. Submit a large scale construction management plan for review and approval by Planning/Zoning showing the locations of staging, material storage and employee and construction traffic parking. C. Submit for an access permit for the new driveway that demonstrates compliance with the Pitkin County Asset Management Plan and Basalt and Rural Fire Protection District requirements. D. Submit a lighting plan in conformance with the Code. The plan shall also address the potential for light to emanate from the greenhouse and mitigate the impact to the surrounding area, if necessary. The Applicant has represented the use of interior "black out" shades, which shall be shown and implemented in this lighting plan. E. Submit a detailed drainage plan that maintains drainage on site, does not discharge water directly into the Roaring Fork River, and ensures water quality. With not less than 24 hours' notice to the Applicant/Owner, the County shall have access to the property for 000014 Resolution NoLt q -2013 Page 3 of 7 water quality testing. Any water quality testing costs reasonably incurred shall be at the expense to the Applicant. F. Show compliance with all County and State wastewater disposal regulations. 6. Prior to building permit issuance: A. Pay the applicable road impact fees. B. Pay the applicable affordable housing impact fee. C. Show proof of a CDOT access permit. For the greenhouse operation, Applicant shall utilize his/her agricultural irrigation water and/or a water hauling service until the BWCD Allotment Contract is approved, or until an acceptable alternative is approved by the Pitkin County Attorney. Applicant shall obtain the BWCD Allotment Contract, or have an acceptable alternative approved by the County Attorney, prior to the issuance of a Final Certificate of Occupancy for the employee showers and bathrooms. The Applicant shall comply with all rules and regulations of the Basalt and Rural Fire Protection District. This includes, but is not limited to: A. Outside fire alarms with horn and strobe lights shall be installed on all greenhouses; B. Hazardous materials shall be properly stored pursuant to manufacturers' suggestions; C. Notification devices shall be installed within the greenhouse to alert occupants of a fire; D. A water flow device monitored through a central receiving station shall be installed that activates a general fire alarm; and E. Inclusion of a water tank for fire suppression in a size approved by Basalt and Rural Fire Protection District. This water tank shall be fully buried or otherwise enclosed within a structure. 9. The Applicant shall comply with the following wildfire standards: A. Defensible Space: 1. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten - foot (10) perimeter of structures. 2. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 3. All deadfall up to a one hundred (100) foot perimeter shall be removed. 4. No new conifer trees shall be planted within ten (10) feet of any structure. 5. No flammable mulches shall be placed within two (2) feet of any structure. 6. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofs and projections at or below roof line shall be constructed according to the following specifications: 1. Roofing Materials 000015 Resolution No. -2013 Page 4 of 7 A. Class A covering or Class A Assembly as defined by the currently adopted building code, or an alternative roof assembly that is approved by the Fire Marshall and satisfies the review by the Chief Building Official and/or is provided for as an exception in the governing building code. B. No wood shakes or shingles. C. 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. As an alternative to a Class A roof assembly, a roof assembly that is approved by the Fire Marshall and satisfies the review by the Chief Building Official and/or is provided for as an exception in the governing building code is acceptable. 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 Marshall prior to submittal of a building permit application. D. 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. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 4. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 10. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre - existing native trees and shrubs. C. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. D. Pet food shall not be left outside. E. All outside doors shall utilized solid round handled door knobs. F. Contractors shall not bring dogs on site during construction. 11. 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� � d C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on August _ S - � 2016. 0000ls Resolution No. 4A-72013 -2013 Page 5 of 7 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. Approval of this request does not confer any reliance on or approval for licensing of any business on the property or any other land use approvals for the subject property. 000017 Resolution No. 6V � -2013 Page 6 of 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 25°i day of July, 2013. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON APPROVED AND ADOPTED at the public hearing on the 28"' day of August, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO C�G�t George Newman, Chairman Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: - KO'W Ok John Ely, ind Houben, County o Community Development Director Case # P049 -13 P110:246717400028 000018 Resohition No. 06't -1013 Page 7 of 7 Attachment A Legal Description Section: 17 Township: 8 Range: 86 PARCEL OF LAND BEING A PART OF TR 55 IN SEC 17 -8 -86 BK 269 PG 751 CONT 30,339 SQ FT BK 273 PG 370 PARCEL OF LAND IN TRACTS 55 & 57 OF SEC 17 -8 -86 DESC BY M/B BK 342 1PG 218 ALL FOREGOING DESC IN DEED FROM BETTY L BAILOR BK 466 PGS 329 & 340 000019 s PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and High Valley Farms, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for: Minor Amendment to a Development Permit (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY agree fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and /or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 936 which is for 3 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director 000020 APPLICANT: Hig alley Farms, LLC by: Jordan Lewis P.O. Box 4310 Aspen, CO 81612 (970) 925 -4372 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 January 17, 2014 Mitch Haas 201 North Mill Street, Suite 4108 Aspen, CO 81611 mitch@hlpaspen.com Re: High Valley Farms LLC Minor Amendment to a Development Permit (CASE P003 -14; PID 2467- 174 -00 -028) Dear Mr. Haas: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN C,,,.,UNTY COMMUNITY DEVEL(,—,,WENT Permit Receipt RECEIPT NUMBER 00035276 Name: High Valley Farms LLC Date:1/9/2014 Project Address: 24480 HWY 82 Type: check # 1031 Permit Number Fee Description Amount 0003.2014.PLAN PP- Flat Fee 936.00 Total: 936.00