HomeMy WebLinkAboutpitkin.planning.264329100009DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /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(s)
Parcel ID: 2643- 29 -1 -00 -009 Application Date: 1/15/14 Case No: P005 -14
Description: Whipple Site Plan Review and Special Review for a TDR Receiver Site Planner: Lance Clarke
# Copies: 2
Allocated Hours: 9
Project Address: 650 PIONEER SPRINGS RD, SNOWMASS VILLAGE, CO 81615 % Over Hours: 10
Property Owner: WHIPPLE
Owner's REP: JOHN CHROMY
REP's Email: chromyl6 @gmail.com
Referrals: ALL OTHER REFERRALS
Comments Due Date: 02/28/2014
Meetings: 1st Meeting:
Meeting Date 03/18/2014
Review Body: ho
Public Hearing? yes
Notice Date. 02/13/2014
Meeting Notes:
Approvals:
BOCC Resolution #:
BOCC Ordinance #:
Admin Determination #:
Address: 121 S GALENA ST Owner Phone:
ASPEN, CO 81611
Address: 121 S GALENA, STE #203 REP's Phone: (970) 920 -4428
ASPEN, CO 81611
Other Referrals: Brush Creek Metro District none
Pioneer Springs HOA none
2nd Meeting: 3rd Meeting:
P &Z Determination #
HO Determination #: 002 - 2014 #609907
Other Information:
VR Approval Date: 03118/2014 Plat Recorded Date: 05/07/2014
VR Expires Date: 03/18/2017 Plat (Bk, PG): 8106 P93 #609907
Remarks:
Application Type: Site Plan
TDR Review
RECEPTION #: 609907, 04/30/2014 at
11:52:20 AM,
1 OF 3, R $0.00 Doc Code
DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
'DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE WHIPPLE SITE PLAN
REVIEWAND SPECIAL REVIEW FOR A TDR RECEIVER SITE
Hearing Officer Determination No. 1 -2014
RECITALS
George (Steve) Whipple and Lydia Whipple ( "Applicants ") have applied to the Pitkin County Hearing
Officer ( "Hearing Officer ") for Site Plan Review and Special Review for a Transferrable Development
Right (TDR) Receiver Site for construction of an attached 225 sq. ft. closet addition to an existing single
family home.
1. The parcel is located at 650 Pioneer Springs Ranch Road and is legally described as Parcel 2 of the
Droste/Pioneer Springs Ranch, PiD #: 264329100009.
2. The parcel is part of the BOCC "1041" approval for six 35 acre lots granted by Resolution No. 93 -43.
3. The Hearing Officer considered this application at a duly noticed public hearing on March 1811, 2014,
at which time evidence and testimony were presented with respect to this application.
4. The Hearing Officer finds that the property has the ability to locate the proposed additional
residential development in compliance with Site Plan Review standards and within a constrained free
area as defined in Chapter 7.
5. The Hearing Officer also finds that the parcel is eligible to receive TDRs to construct additional
residential floor up to 15,000 sq. ft., subject to applicable Code reviews and approvals. This request is
for an addition of 225 sq. ft.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Whipple Site Plan Review and Special Review for a TDR
Receiver Site 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. At the time of building permit submittal, the Applicant shall surrender one TDR for additional floor
area of 225 sq. ft. for the proposed/represented closet addition. This approval is for this proposed
addition only. Unused portions of the TDR remain with the property and could be used for future
expansions, subject to applicable further reviews.
3. Conditions of BOCC Res. No. 93 -43 and P &Z Res. No 98 -07 are still in force and effect.
4. 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.
5. Prior to submission of any future building permit applications, the Applicant shall be required to
submit for approval by the County Attorney and Community Development a Site Plan that illustrates
the approved building envelope, existing and proposed development in accordance with Land Use
Code Section 2- 30 -20(g) and Application Manual Section 2.1.12.
6. The proposed addition shall utilize non - reflective roofing and earth tone colors for the fagade of
buildings. If copper or other potentially reflective roofing is used the roofing shall be treated prior to
installation to eliminate glare /reflectivity.
7. No development shall occur outside the approved envelope, with the exception of vegetation
removal necessary to comply with required wildfire mitigation measures. No structures shall be
permitted outside of the approved activity envelope.
8. 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 building envelope. The fencing shall remain in place until
issuance of a Certificate of Occupancy.
9. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
10. 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 March 18'", 2017.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13" of
February, 2014.
APPROVED AND ADOPTED this 18t1 day of March, 2014
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asaen
Times Weekly on theM day ofPgr�+l , 20 11 _.
ATTEST:
97?19'e &AWcIAr-"
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John El
Co i y Atto
P005 -14, PID9264329100009
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING PFFICER
OF PI COUN MDO
By
Tom Smith, Ylearing Officer
Date
APPROVED AS TO CONTENT:
l,� C
indy Houben,
Community Development Director
MEMORANDUM
TO: Tom Smith, Pitkin County Hearing Officer
FROM: Lance Clarke; Assistant Director
RE: Whipple Site Plan, and Special Review for a TDR Receiver Site
DATE: March 18, 2014
REQUEST: The Applicant requests Site Plan Review and Special Review for a TDR Receiver Site to
utilize one (1) TDR, for construction of an 225 square foot attached closet addition to a single family home
with an approved building envelope.
OWNER: George and Lydia Whipple
APPLICANT: Same
REPRESENTATIVE: John Chromy
LOCATION: 650 Pioneer Springs Ranch Road, Parcel 2, Droste /Pioneer Springs Ranch,
PID 4:264329100009
ZONING/LOT SIZE: AR- 10/35+ acres.
BACKGROUND AND EXISTING CONDITIONS: The Parcel is part of the BOCC "1041" approval
granted in 1993 for six 35+ acre lots in the Brush Creek Valley (Res. No. 93 -43). The approval also
approved building envelopes for each Lot (Book 32, page 76). Whipple also received a Site Plan approval
for the existing residence by P &Z Res. No. 98 -07, A 7,500 sq. ft. residence has been built and occupied by
the owner.
SPECIFIC REQUEST: The Applicant is requesting to utilize one (1) TDR for construction of an attached
225 sq. ft. closet. The proposed addition will be located within the approved building envelope. One TDR
has a "value" of 2,500 sq. ft. Unused portions of the TDR remain with the property and could be used for
future expansions subject to applicable further reviews.
REFERRAL AGENCIES: The application was referred to the Brush Creek Metro District and the
Pioneer Springs HOA. No comments were received.
STAFF COMMENTS:
ACTIVITY ENVELOPE (7- 10 -50):
Request for an Activity Envelope and Site Plan must comply with the provisions and policies of Chapter 7.
The proposed addition is within an existing Building/Activity Envelope.
STEEP AND POTENTIALLY UNSTABLE SLOPES: Land Use Code Sec. 7 -20 -20 addresses standards
for development on potentially unstable slopes;
Response: The Envelope contains only slopes less than 30 %.
Page l of 4
I (Yf -:�
GEOLOGIC HAZARDS: Land Use Code Sec. 7 -20 -50 addresses development within geologic hazard
areas.
Response: The parcel is not mapped within any geologic hazard areas. Development will not encroach
onto steep slopes.
WILDFIRE: Land Use Code Subsection 7 -20 -60 addresses development in wildfire hazard areas.
Response: The original approval for the Parcel contains appropriate wildfire mitigation standards. The
addition may require additional clearing/thinning to meet these standards.
WILDLIFE: Land Use Code Sec. 7 -20 -70 establishes standards for development in wildlife habitat areas.
Response: The original approval contains appropriate wildlife mitigation standards. These will remain in
effect.
SITE PLAN REVIEW
The Applicant has requested site plan approval. This request requires a review of. (1) placement of
development within an approved activity envelope; (2) development within a scenic view protection area
pursuant to Section 7- 20- 120(d); (3) location of structures in accordance with rural character building
guidelines pursuant to Section 7-20-120(e); (4) landscaping and vegetation protection pursuant to Section 7-
20 -130; and (5) lighting in accordance with Section 7 -20 -140. As there is an existing approved building
envelope in conformance with current Codes, reviews are abbreviated.
DEVELOPMENT WITHIN AN ACTIVITY ENVELOPE
The proposed addition has been located within an existing activity envelope.
Section 7- 20 -10(c) addresses tree removal mitigation. The requirement states that all trees 6" diameter at
breast height (d.b.h.) removed within the Activity Envelope shall be replaced with one or more trees with
total d.b.h. at least equal to the caliper of the trees removed. The Applicant indicates no trees will be
removed.
SCENIC REVIEW
The Parcel/ existing house is visible from Brush Creek Road, a scenic corridor. The addition will be
nominally visible for a short distance while traveling up- valley on Brush Creek Road. Proposed roof
heights of the addition do not exceed heights of existing roofs on the residence. Copper shingles are
proposed. The Code requires these be pre- treated to reduce glare prior to installation.
LIGHTING:
Land Use Code Sec. 7 -20 -140 is applicable for all lighting in the County.
Response: All lighting will be required to conform to Section 7 -20 -140 of the Code.
Page 2 of 4
SPECIAL REVIEW FOR A TDR RECEIVER SITE
For a parcel to receive a TDR in the Rural Area, Special Review approval must be granted. The parcel is
zoned AR -10 and is eligible to receive TDR's to develop up to 15,000 square feet.
Compliance with the following standards must be achieved (see Subsection 2- 30 -30).
A. The special review use shall consider the applicable County Master Plan.
Response: The 2003 Brush Creek Master Plans allows houses to be up to 15,000 sq. ft. with the use of
TDRs through Special Review.
B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies if
conditions in the attached Determination are adhered to.
C. The proposed development must not materially endanger the public health, safety or welfare.
Response: Staff has no reason to believe that the proposed use of a TDR for the proposed addition will
endanger the public health, safety or welfare of the public.
D. The proposed development must not substantially injure the value of adjoining or abutting
property.
Response: Staff has no reason to believe that the proposed use of the TDR fot the proposed addition will
substantially injure adjoining property values.
E. The special review use shall be consistent with the intent of the zone district in which it is
proposed to be located.
Response: The AR -10 zone district in this area allows for residences to be constructed up to 15,000
square feet through Special Review.
F. The special review use shall be compatible with the character of the immediate vicinity of the
parcel proposed for development and surrounding land uses, or shall enhance the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for
development.
Response: The special review request can be considered compatible with the character of the immediate
vicinity of the parcel and land uses. Other residences in the immediate area exceed 5,750 square feet and
some are 15,000 sq. ft.
G. The location, size, design and operating characteristics of the proposed special review use must
be in harmony with the surrounding area and minimize adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service
delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor
on surrounding properties.
Page 3 of 4
Response: Staff has no reason to believe that the proposed residence will have the above mentioned
impacts.
H. There must be adequate public facilities and services to serve the special review use, including
but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems, and schools.
Response: There are adequate public facilities and services to serve the proposed use.
L The proposed special review use must comply with any additional standards or requirements
stated for such use in Sec. 4 -30 and/or 2- 40 -20.
Response: Not applicable.
RECOMMENDATION: Staff recommends the Hearing Officer approve the Whipple Site Plan Review,
and Special Review for a TDR Receiver Site to construct a 225 sq. ft. addition subject to the attached
Hearing Officer Determination.
ATTACHMENTS
A. APPLICATION
Page 4 of 4
'DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE WHIPPLE SITE PLAN
REVIEWAND SPECIAL REVIEW FOR A TDR RECEIVER SITE
Hearing Officer Determination No. — 2014
RECITALS
George (Steve) Whipple and Lydia Whipple ( "Applicants ") have applied to the Pitkin County Hearing
Officer ( "Hearing Officer ") for Site Plan Review and Special Review for a Transferrable Development
Right (TDR) Receiver Site for construction of an attached 225 sq. ft. closet addition to an existing single
family home.
1. The parcel is located at 650 Pioneer Springs Ranch Road and is legally described as Parcel 2 of the
Droste /Pioneer Springs Ranch, PID #: 264329100009,
2. The parcel is part of the BOCC "1041" approval for six 35 acre lots granted by Resolution No. 93 -43.
3. The Hearing Officer considered this application at a duly noticed public hearing on March 18`h, 2014,
at which time evidence and testimony were presented with respect to this application.
4. The Hearing Officer finds that the property has the ability to locate the proposed additional
residential development in compliance with Site Plan Review standards and within a constrained free
area as defined in Chapter 7.
5. The Hearing Officer also finds that the parcel is eligible to receive TDRs to construct additional
residential floor up to 15,000 sq. ft., subject to applicable Code reviews and approvals. This request is
for an addition of 225 sq, ft.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Whipple Site Plan Review and Special Review for a TDR
Receiver Site 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 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. At the time of building permit submittal, the Applicant shall surrender one TDR for additional floor
area of 225 sq. ft. for the proposed /represented closet addition. This approval is for this proposed
addition only.
3. Conditions of BOCC Res. No. 93-43 and P &Z Res. No 98 -07 are still in force and effect.
S
4. 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.
5. Prior to submission of any future building permit applications, the Applicant shall be required to
submit for approval by the County Attorney and Community Development a Site Plan that illustrates
the approved building envelope, existing and proposed development in accordance with Land Use
Code Section 2- 30 -20(g) and Application Manual Section 2.1.12.
The proposed addition shall utilize non- reflective roofing and earth tone colors for the fagade of
buildings. if copper or other potentially reflective roofing is used the roofing shall be treated prior to
installation to eliminate glare /reflectivity.
7. No development shall occur outside the approved envelope, with the exception of vegetation
removal necessary to comply with required wildfire mitigation measures. No structures shall be
permitted outside of the approved activity envelope.
8. 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 building envelope. The fencing shall remain in place until
issuance of a Certificate of Occupancy.
9. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
10. 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 March 18", 2017.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 131h of
February, 2014.
APPROVED AND ADOPTED this 18" day of March, 2014
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the _ day of , 20
ATTEST:
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
County Attorney
P005 -14; PID71264329100009
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
By
Tom Smith, Hearing Officer
Date
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
r
Jan. 10, 2014
Pitkin County Community Development
130 S. Galena Street, 3'' Floor
Aspen, CO 81611
RE: Parcel 2, Pioneer Springs Ranch
Parcel ID # 264329100009
Application: Site Plan Review and Special Review for a TDR Receiver Site
Owners: George S. and Lydia B. Whipple
Owner Representative: John Chromy
1215. Galena, Suite 203
Aspen, Colorado 81611
970 - 920 -4428
Lance Clark /Planner,
The subject property is located to the north of Brush Creek Road, and
in the eastern portion of Pioneer Springs Ranch, in Snowmass. The parcel is a
35.922 +/-acre lot with AR -10 zoning. A single family 7010 5F five bedroom
residence with an attached three car garage was completed in the fall of 2001.
A 450 SF barn was added to the lower pasture in January of 2004. The applicant
is seeking approval for a TDR Receiver Site.
The applicant is also seeking approval to use the previously approved
Activity Envelope that is no longer vested, for the proposed construction of
a 225 SF attached Closet addition. No exterior lighting or plumbing
modifications are required for this addition. The proposed addition has
limited visibility from Brush Creek Road.
Code Sections, which have been noted in the pre - application process,
are referenced with responses below:
lL
ADDRESSED - LAND USE CODE COMPLIANCE
Section 7- 10 -60: SITE PLAN
The proposed development is located within the previously approved
Activity Envelope that is no longer vested. The existing residence
and the proposed addition avoid all Constrained Areas.
Section 7- 20 -10: SITE PREPARATION and GRADING
All work shall be performed within the approved Activity Envelope.
No regrading will take place for this addition. The existing mature
lawn shall remain in -tact and the disturbed area keep to a minimum
needed for a hand dug foundation. This activity shall be considerably
less than 50 cubic yards.
No Clearing, Grubbing or Vegetation Removal shall take place for
this project. The footprint of the proposed addition is located on an
existing slope of less than 30 %, and shall remain unchanged.
No trees will be removed for this work.
The existing terrain shall be protected though the duration of
construction. Approved Erosion Control methods shall be used.
Section 7- 20 -20: SLOPES
The proposed construction shall occur within the previously approved
Activity Envelope on a slope of less than 30 %. This area is shown on
the Site Plan, included with this application. Contours in the area
of disturbance are shown as two (2) foot increments. The existing
mature lawn area, shall remain undisturbed. See Attachment 7
Section 7 -20 -120: SCENIC VIEW PROTECTION AREAS
Views of the proposed addition from Brush Creek Road are limited
by contrasting topography, natural vegetation and distance from
the road. The attached photos show the existing residence both
before and after the proposed construction, as seen from the only
viewing opportunity on Brush Creek Road. The ridge to the south and
west of this site, serves as a dramatic backdrop that shall render the
addition as undetectable when completed. See Attachment 11 and 12
GJIJ302
Section 7 -20 -130: LANDSCAPING and VEGETATION PROTECTION
The existing landscaping and vegetation shall be protected and
unchanged throughout the proposed construction. Only the lawn area
of the proposed footprint shall be disturbed for construction. This
area will be restored to match the existing mature lawn area.
Section 7 -30: ROADS, DRIVEWAYS and PARKING
The existing drive and parking area, shall remain unchanged for this
proposal. The Off - Street Parking requirement of two (2) spaces per
dwelling unit are met with the existing attached three car garage,
and the existing off - street parking in the drive area.
7 -50 PUBLIC SERVICES and UTILITIES
The proposed addition will not require any utility or public services
to be extended, relocated, connected or disconnected.
2- 30- 30(hX2): ONE -STEP SPECIAL REVIEW CRITERIA
for TDR RECEIVER SITE
The proposed development is small in scale and architecturally compatible
with the existing dwelling. The applicant believes this project is
compatible with the character of the immediate vicinity and consistent
with the intent of the zone district. We consider this proposal to meet
the criteria of this section
3
U A03
t
OJJJ04
The following attachments are included:
Attachment 1: Proceed with owner representative letter
Attachment 2: Vicinity Map
Attachment 3: Proof of Ownership
Attachment 4: Residence, Certificate of Occupancy
Attachment 5: Barn, Certificate of Occupancy
Attachment 6: Pre Application Summary Sheet
Attachment 7: Site Plan DRAFT (11x17) and (24x36)
Attachment 8: Lot Line Adjustment 1041 Review (11x17)
Attachment 9: First Amended Final Plat (1147)
Attachment 10: Aerial Photo of Site
Attachment 11: Brush Creek photo- Existing
Attachment 12: Brush Creek Photo- Proposed
Attachment 13: Proposed Addition- East & North Elevations
Attachment 14: 1041 Resolution No. 93 -43
Attachment 15: Lot Line Adjustment - MEMORANDUM
Attachment 16: Resolution No. 98 -07
Attachment 17: Property Owners List, 300'
I believe everything requested has been addressed. Please contact me at your
convenience if additional information is needed.
Sincerely,�
ohn Chromy,
Owner Repres
4
Attachment
PID # 264329100009
Jan. 10, 2014
Pitkin County Community Development
130 S. Galena Street, 31 Floor
Aspen, CO 81611
RE: Site Plan Review and Scenic Review for TDR Receiver Site
Parcel 2, Pioneer Springs Ranch
Parcel ID # 264329100009
Lance Clark / Planner,
Please proceed with this application and let it be known that John
Chromy will be acting as the owner's representative for this application.
Sincerely,
w
George S. Whipple
Lu.,.,3
Attachment 2
PID # 264329100009
VICINITY MAP
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Attachment 3
PID # 264329100009
Bank of Colorado W.st.rn Slop.
P.O. sox 520
Glenwood C..w� �,� p, pM Spas Alne< Tbh floe Per lt.r L e Data
DEED OF TRUST
(With Furnre Advance Clause)
1. DATE AND PARTIES. The dare of this Deed of Tmst (Security Instrument) is ... 'I:.23,.. 19.94............
and the parties, their addresses and tax identification numbers, if required, are as follows:
GRANTOR:GDCRM S. *up-oLE UMIA B. T*EXPLE
3335 CO= RD 113 3335 C72YIY RMO 133
CARBGvIDALE, CO 81623 CARBCMALE, CD 83.623
etv= SEG =. #: 1.18 -36 -9813 SOCIAL SEX.TII2ITY #: 048 -38 -9934
0 If checked, infer to the atmched Addendum mcorporated herein for additional Grantors, their sign,int and
acknowledgments.
TRUSTEE: PUBLIC TRUSTEE OF G%j?F ..J COLMy
109 -8TH SLRE:oT
aZMICM SPRLNM, CO 81601
LP —NDER: BANK OF CI)LGRADO - WE52ESIIT SIApE
OMAN:[= A SID MSMZ Ui= THE LAWS OF ME STATE OF M11MAA)
901 '2a.AND AVENUE
G allsLOD Sp.4.MCZ, Co 81601
MXPAYM I.D. #: 84- 0688340
-. CONVEYANCE. For good and valuable consideration, the receipt and suffictmcy of which is arlonowledged, and
m secure the Swatted Debt (defined below) and Grantor's performance under this Sonority histmment, Gtaomr
irrevocably grans, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale. the
fallowing d=bed property:
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Together with all rights, casertsmrs, appurtenances, royalties, mineral rights, oil and gas rights, all water and
no== rights, ditch=, and water stack and all existing and furore improvements, structures, fumes, and
i replacements that may now, or ar coy time in the furore, be described of the real estate desbed shove (all referred to as
Property ').
3. MA` D4UM OBLIGATION LDSd1T. The mtal principal amount secured by this Security Ineremmont a any one
time shall not exceed 5 3,,7, 99 AP0; 00 .............................. This limimdon of amount does ins include
imerest and other fees and charges validly made pursuant in this Security has inmmr. Also, this Iimt ation does not
apply to advances trade under the terms of this Srruiry lostrumem to protect Lender's security and to perform any
of the covenai s constituted in this Security Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term "Scatmd Debt* is defined as follows:
A. Debt mcurd under the terms of ail promissory nom(s), commrs(s), guars ary(s) or oil= evidence of debt
described below and all their extensions, renewals, modifications or substimmans. (Whim refe wEdng like
debts below it is suggested that you irtrtade Itmts such at bonowers' names. note amnunu, imeres rmrs,
mammy dates. etc) 24[SQS4CAY ,\=— CATEO 8/23/99 IN THE NAMFS OF (;E= S.
WHUPpLB AND :;MLA B. WFZPT1. FM THE AM= OF $3,200,000.00.
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promissory nom, contract, guaranty, or other cvidcace of debt executd by Grantor in favor of Lerida
escct¢ed .alter this Security Instrument whether or not this Saamnry Instrument is specifically referenced or
such future advances or future oblignac= are incurred for my purpose Sat was related or unrelud to the
purpose of the Smutty Instrument. If more than one person signs this Security Instrument. each Grantor
agrees that this Security Instrument will s=nare all future advances and future obligations that nee given to or
incurred by my one or more Gramor. or my one or more Grantor and others. All future advances and other
future ob;igarons are sweated by this Secnry Instrument even though all or part may nor yet be advanced.
:UI ic:are advances and other Future obligations are secured as if made on the date of this Security
Instrument. Nothing in this Security fnssamert shall mac snmate a comarmisent to mate additional or funhm
Iowa or advmces in any amount. Any suc: cormantmen[ most be agreed to in a separate writing.
C. All olidgatiom Grantor owes to Lender, which may late•, arise, to the extent not pmhsbi[d by law, including,
but act limited :o, liabilities for overdmfts ;elmag to my deposit account agreement between Grantor and
Lender.
D All aemronal suss advanced and eznatses incurred by Lender for imunng, preserving or omawiae
protecting the Property and its value and nay other sums advanced and expenses incurred by Leader under the
terms of this Sa:unry lumco eent.
This Security Iromrmnr will not senate any other dear if Lender fails to give my required aouce of the right of
:esnssron.
S. PAYMENTS. Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance
with the terms of the Secured Debt and this Sen[rtry Instrument.
6. WARRAlN Y OF TITLE. Grantor warrants that Grantor is or will be lawfully semod of the estate conveyed by
ma Security Instrument and has the right to ir:crocably grant, convey, and sell 'me Pruperry to Trustee, in mss[,
with Dower of sale. Gramor also warrants that the Property, is unencamberd, exc. -pt for encumbrances of record.
7. PRIOR SECURM INTERESTS. wdh regard to my other mortgage, dad of :rust, security agreement or other
4em document :hat created a prior security inre:est of encumorance on the Ptppety, Grantor agrees:
A. To maze all payments when due and to perform or comply with all covenants.
B. To promotly deliver to Lander my no[rens that Gramor receives from the holder.
C. Not :o allow my modification or extension of, nor to request am ,LmR advances under my note or
agreement seem d by the lien docameat wirhour Lender's prior wntmm mnsnt.
S. CLALNS AGAJNSi' TITLE. Grantor will pay all :axes, astessm=ts, lies, encumbrances, lease payments,
;round refs, amities. ana other charges relating to the Property when due. Lender may require Grantor to provide
to Lender ;.cores of ail odtices that such amounts are due and the receipts evidencing Grantoi s payment. Grantor
will defend idle to me Property agamt my c!a..ra that would impatr the lien of this Security Instrument. Grantor
agrees to assign to Lm=r, as requested by Lena_ :, any rights, claims or defenses Grantor may have against parties
woo supply :acor or matenais to maim„" or imorove the Property.
9. DUE ON 6.4LE OR ENCI)MBRANCE. L.:sa may, at its option, declare the =tire halals of the Sauced Debt
:o 'w :mmeciately aye and payable upon the .^ ton of, or contract for me meauon of, my Tin• n=mbm=.
caroler or sue of me Property. This right is sub!ec: to the restncions imposed by federal law (l2 C.F.R. 591), as
amicable. 'tilt revenant shat] rani with the P_ri c. and mail tin= ih effect until to Secured Debt is paid in
,ill and d its Se =ntv :mtmmenr is rm!nsed.
10. PRORE: CONDITION. ALTERATIONS AND INSPECTION. Grantor will keep the Property in good
monition ma maze ail tmptus that are rnsannly necessary. Grantor shat net commit or allow my waste,
impairment. or dere.^.orauon of the Property. Grantor •will keep the Property fifer of noxious weeds and grasses.
Grantor age. chat the nature of the occupancy and use will not substantially =mange without Lender's prior written
consent. Gramor wdl not permit any change is any license, restrictive covenant or easement without Lender's prior
written consent. Grantor will notify Lender of all eemnds, proceedings, claims, and actions against Grantor, and
of my loss or aamage to the Property.
'..=der or Leader's agents may, at trader's option, =[err to Property a my actionable time for the purpose of
miseccnng the Popery. Lender shall give Grantor notice at the time of or before an inspection specifying a
reasonable nurpose for the msp ctum. Any inmetMon of the Property stall be emirely for Lender's benefit and
Grantor will Lino wav min on Leader's inseecton.
11. AUTHORITY TO FERFORK If Grantor fails to perform airy duty or my of to covenants contained in this
Secun[v Imaamet.:,ende•. may, without nonce, per."orm or amuse them to be performed. Grantor appoints Leader
as atmmey m ran :a sign Grantor's name or aav any amount necessary for perormance. Lender's right to perform
for Grantor stand not cream an obligation to perform, and Lender's failure to perform will not preclude Lender
tram acresmg city of Larder's other rights tmda me law or this Security Insttutnen[. If my comtrumi on the
Property is discommoed or as =named on in a rrasonabte manner, Lender may take all steps necessary to protest
L ender's sennry interest in the Property, intruding completion of the comuvcuon.
I_. ASSIGNMENT OF LEASES AND RENTS_ Grantor irrevocably grants, conveys and sells to Truster, in tout for
the b =erh of Lender, as additional security all "1e :ighr, tide and interest th and to my and all ecisring or furore
leases, subleases, and my omcr written or virtual agreements for the use and occupancy of my portion of the
Property. nuuaing my extensions, mrowals, modifications; or subsmmtions of such agreements (all referred W as
'Lass") and rents, ensues and prories (all retorted to as "Rears'). Gramor will pro®dy provide leader with true
and correct copses of ail existing and future Lenses. Gramor may collect, receive, cloy and use the Reno so long
as Grantor is not to detaul['maa the cams of 'its Security Imtnuamt.
Grantor agrees that uus assignment is immediately c.T=vc between me parties to this Securry Instrument. Gramor
agrees that ;tats assignment is effective as to third parries on Grantor's default when Lender takes actual possession
of tae Pmpery or wocn Lender commences a foreclosure on the Property or an action or proceeding for an
appointment of a rece:ver or for the seauesmnon of Reins and this asstqunrnt shall remain effective during my
:anempnon period anvil ;ere Secured Debt is saamled. Grantor agrees Lou Lender or Truss may take anuar
possession of the property without the necessiry of comrmencing legal amton and that actual possession a deemed to
occur when Lender, or its agent, notifies Grantor of detaurt and demands that any count pay all fume Rents
ddrecily m . =anr. On rwmvmg nonce of defava[. Grantor will endorse and deliver to Lender my payment of Rents
in Gramor'; Possession and will receive any Reno in mss[ for Leader and will not commingle the Rents with any
other runs. Any amounts cheered will be applied as provided in this Seencry :mtmment. Grantor warmms (bat
an default exists order the Leases or any applicable imdlord/tenam law. Grantor also agree to mmmam and
require mv'enmt to amply with the terms of the Leases and applicable law.
1 111111111111111111111 JIM IF !111111111 11111 1111 1111
434977 a8/30/1999 09:446 OT DPVIS SILYI
2 of 4 q 20.aO 0 0.00 N 0.00 PITMIN COUNTY CO
4f' 'P 9* 2 rI6,)
13. LEASEHOLDS: C0NDOh1L^lIUMS; PLANNED L-NTT DEVELOPMENTS. Grantor agrees to comply with the
Provisions Of my !rise if this Security InsourL'nt is on a leasehold. If the Property includes a unit in a
condonunm n or a piamed unit development. Grantor will perform all of Cramer's dunes under the coveoam s,
by -laws, or regulaicrs of the condominium or planned mair development.
14. DEFAULT. Granter will be in default if any party obligated on the Secured Debt fads to make payment when due.
Grantor will be in default if a breach occurs under the terms of this Security lasurfment or am other document
executed far the purpose of creating, secatnng or Z-,,im ryieg the Secured Debt. A good fade belief by Leader that
Lender at any time s insecure with respect io my person or entry obligated on the Secured Debt or that the
prospect of any payment or the value of the Proper^+ is impaired shall also comtimte m event of damlt.
15. REMEDEES ON DEFALLT. In some intimidates. fcLcmi and state law will require Leader to provide Grantor with
nonce of tie rght :o :are or other notices and ,ray establish untie schedules for foreclosure actions. Subject to these
limitations, if my, Leader aay accelerme the Serr1 Debt and foreclose this Scurry Instrument in a manner
provided by law d G:%mmr is to default.
At the option of Ica_, all or any pact of the ag: -_.•c fees and charges, warned interest and prutciom shall become
immediately due acrd savable, after giving aouc if required by law, upon die occurrence of a default or mydme
thereafter. In addieee. Lender shall be cmnded :o all •_'ie remedies provided by law, the :elms of the Secured Debt,
this Security lasrramrt and nay mimed docum_ -ate, including without limitation, the power to sell the Property or
- foreclose on mstailmcmi without xretemtion.
If there :s a default. Ttutc shall, in addiuon no any otter permitted remedy, a the request of the Leader, advertise
- and sell Ne property, as a whole or in separate parcels a[ public auction to the highest bidder for cash and convey
absolute title f, ana c!= of all right, :file and uziv t of Grantor a such time and mlade as Trustee designmes.
Taste shall gave noes of sale including the tame, ferns and place of sale and a description of the property to be
sold as requited by ale applicable law in effect at _ie time of the proposed sale.
Upon sale of the property and to the ext=t not prohibited by law, Trustee shall make and deliver a diced to the
property sold where ccnvrys absolute utle to the parchmr, and after tics[ paying all fees, charges and costs, shall
pay to Leader all zacmvs advanced for repaurs, :axes, insurance, liens, assessments and prior meumbranees and
interest he^on, acct to prncmW and interest on :re Secured Debt, paying the suralu, if my, m Grantor. Lender
may purchase the ?-.-e -y the recitals in say deed of conveyance shall be pnma face evidence of the farts tat
forth therein.
All remedies are •tisrsa:, _.nnuluive and nor exai:=ve, and the Lender is entitled to all remedies orovided a law
or equity, whether tar .a[ expressly set forth. Tie ocep,inm by Lender of any sum in payment or parial payment
on the Secured Nat .ftcr the balance is due or is aceiemted or after foreclosure proredings sue filed shall not
- aoasumte a waiver of :.eader's right to require camerae_ cure of any existing default. By not exercising any remedy
on Gtmtor's dehmr. _elder does not wave :r " 1; right to tatr consider the event a default if :t commuter or
- limp= as=.
16. E'.UTNSES; .ADVANCES ON COVENANTS; ATTORNEYS' FEES: COLLECTION CO STS . Exee it when
prohibited by law. Z =tor agrees to pay all of "'v -r's expenses if Grantor )=,a= any covenant in this Security
Instrument. Granter dl also pay on demand any amount mcrtrted by Leiner for tasunag. impacting, pig
or otherwise omteery the P:poerty and Lender's sentry interest. These expenses will bear uue.'est Tom the dare
of the payment :caul acrd m full a:h::sighs =it , :sue m effect as provided in Ce :c^s of me Secured Debt.
Grantor agrees to nz� ail costs and expenses Lacrz_ x by Lender in colleting, enfmvng or protecting Leader's
rights and remedies mdar :.bus Security Instmc=..r. This amount may include, but is not littered m, reasonable
attorneys' fees as r_ =ted by applicable law. :mis Security Instrument shall remain in effect until released_
Grantor agrees to pav for my recordation cosy of suca release.
17. ENV[RONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this sermon, (1) Environmental
Law moms, wtcou: :iautanoa, the Comprehcssve E.^ acnenmi Response. Compensation and Liability Aix
(CERCLA. V. U.S.C. 9601 et seq.), and all Omer. :edrm, stale and local laws, mgWmons, ordinances, an=
orders, mommy ascW opinions or interoreave ire:= s concerning the public health, safety, welfare, mvimomemt
or a hazardous subst_.ce: and (2) Hazardous Subsza d: means any toxic, radiome ve or hazardous material, waste,
pollutant or contam --a which has charaterista6 which fader the substance dangerous or panearrally dangtmts to
the public health• safev, weifam or environment i ze 1CM. mciudes, without limitation, any substances defined as
'hazardous xatera.' "!oxtc substances.' 'hazardous waste," "hautdmis mm his e,' or 'regulated substance"
under any Favuonc --ra Law.
Gramor represents. era tits and agrees that:
e A. Except as previously disclosed and acknowledged in writing in Leader, an Hazardous Substance is or will be
Q located, :tors x relused on or in the Pmpery. This rescricton does act[ appry to snail quanuaes of
eateete Hazardous Substances inn are generally semzed to be appropriate for the normal use and maummadce of
teetea the P.vpcty.
Me
�i o B. Except as prrously disclosed and acknowledged in writing to Lender, Grmmr and every tenant have been,
i=ce ens ate, and small -:raua to fuiI compliance with zry molitdtle Environmental Law.
�us � C. Grumr sand :z aediaety noury Lender of a release or threatened release of a Hazardous Substance occurs
ecatee x on, roar or aeout = Property or the._ is a r- olarioa of any Env[ronme ^r:,r law concerning the Pnoperry. in
suca an event. Craator shall take all aee6sary remedial action in aaordan= with say Environmental Law.
_o d D. Granmr shad =medrazely notify L=dr M writing as soon as Grantor has reasons to believe there is any
Zeetee m pending or redeanied investigation, claim_ or proceeding relating on the release or threaend release of my
�o Hazardous Suctraace or the violation of any_ 'cviroamen al Law.
18. CONDEMNATION. Grantor will give Lender prompt nonce of any pending or threatened action, by private or
public entities to pu=mse or take my or all of -mac -proerry through coudermanon, eamm[ domain, or any other
i--z am means. Granmr mucc.= tender to intervene in Gmator's name in any of the above described =am or alarms.
_aa Gramror assigns in L-ar the proceeds of my award or claim for damages connected with a mademnaton or other
�$s o taking of all tar am ;art, of the Property. Suez pron=gs; shall be considered payments and will ie applied M
�^ m provided is ttu Sec =.ry Iastramem. This usrgrnment of proceeds is subjet no the terms of any prior mortgage,
=� o tied o[ tmsr, smat:ry agreement or other lien dncan�c
m
� m 19. INSURANCE. Grantor shall keep Property :asuzzad against loss by tire, good. theft and other hazards and risks
=ma reasonably assocurs vim the Property due no :•s np and loeaudn Thu insurance Mail be ma a ned at the
[tie a
=mine ana for •tm : -pas in= Leader requtra. -me insurance comer providing the msurana shall be mosm by
�n
Grantor suo;ct to l.=-c : approval. which snail not be :mrcuonably withheld. ff Grantor fails to mountain the
coverage acxrfeet ::pare. Leader may, at r et-dcr' s option, acton coverage in protect Leader's rights in the
-A a Pronery according 'a 'ae :er-s of this Security Isr_ment.
!page 7�b1N
.111. 9.me. ;.n s .L. iN� - - of OT le 'Oy9Y
�i0A09
All insurance policies and renewals shall be acceptable to Ictder and shall include a standard 'mortgage clause'
and, where applicable, 'loss payee clause.' Grantor shall inan, lately notify Lender of ranmuanon or termination
of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires. Grantor shall
immediately give to Lander 311 receipts of paid precittms and rcewal notices. Upon loss, Grmror shall give
immediate notice to the insurance earner and Lender. Linder may make proof of Ion of pot nude i=rn dimely by
Grantor.
Unless otbcrwue agreed m writing, ail insurance proaels shall be applied to she motorman or repair of the
Property or to the Slued Dear, whether or not mien due, a Lender's option. Any application of proceeds& in
principal shall not estend or postpone the due daze of she scheduled payment nor change the amamt of my
payment. Any excess will be :aid its the Grantor. If Ise Property is acquired by Lender. Granmfs right to my
insurance polices and proceccii resulting from damage to the Properry before the acquisitions shall can in Lender in
the extent of the Smucd Debt immediately before the acquisition.
.20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise providal in a stpamic a,=:cmear. Grauor will
not he required to pay to L=dm bonds for toes and me-r.•.r- in cscrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOMdENTS. Grantor will provide to Lender upon request,
any financial srammmt or information Lender may deem rteamaably necessary. Grantor agrees to sign, deliver, and
file any additional daeuinvem or cmifications that Lsder may consider necessary to perfect, commue, and
preserve Grantor's ob6ganom under this Security Instrument and Lender's lien stmus on the Property-
JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS, SUCCESSORS AND ASSIGNS BOUND. All duties
under this Saunry, Instrument are joint and individual. If Grantor signs this Securiry Instmmmr but does not sign
an evidence of debt, Grantor does so only to mortgage Gramor's interest in the Property to smite paymea[ of the
Secured Debt and Grmror dom not agree to be personally liable on the Secured Debt. If this Sevrty Instruments
secures a guaranty berwecu Lender and Grantor, Grantor agrees m wove any rights that may proem Lender from
bringing my anion or claim against Grantor or any parry, indcted :ender the obligation. These rights may include,
but tie as limstod to, my mh-dedcwry or one - acacia lawGrantor s. Gra agrees that Lend= and my party to this
Securry Imuument may extcd, modify or make any :hartga in the terms of this Security Instrmenl or any
evidence of debt without Grantor's consent. Such a ciwge will ant release Grantor from the mism of :his Security
Instrument. The duus and henentt of this Security fns•*anment shall boil and benerit the succsors and assigns of
Grantor and Lender.
23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. Thu Secunry Instrument is gove.ned by the
laws of me lurisdimon a whurd Leader is locarm, exixpt to ihe extent otherwise required by the caws of the
junsdicuon where he property :s locoed. This Secur:ry Lasr..menr. is complete and fully integrated. This Security
Instrument may cot Se amended or modified by oral agievnent. Any section in this Security I,r,,.,ment
artachmems, or my agreement related to the Secured Dees - cpnrlics with applicable law will ant be admive,
tanners that law mpmosiv or imatiedly permits the vanarious by written agreement. If my sedan of ins Security
Inseuasem cannot ae mforcd according to its :e:ms. Lb= section will be severed and will' ace[ arm the
enforceability of the - mamccr of this Seanry [tu¢utDn[. 1;r:::mever used, the singular shall include re plural and
the plural the singular. fie tenons and headings of the sections; of this Smunry Instrument ale ,or auvemence
only and arc not to be usm :o stemm or define the tercel of this Secunry Instrument. Time is of the ten¢ in
this Security formation.
24. NOTICE. Uaess omerwtse remind by law, any nonce shall be given by delivering it or by m=+, ieg : Sy.fnst
class mail to me appropnme carry's address on page l of -:' is Secunry Instrument, or :o my timer aadisss
designated in writing. Nonce to one grantor wul be dem ed ra pe notice to all grammes.
25. WAIVERS. Escort :o the extent prohibited by aw, Grantor waives all tights of appointment, Somenrad
exemption and marmalliag or Seas and assets in the Property.
26. OTHER TERNS. If aeckem, he foilowmg are applicanie m this Security r� =^^•••^^•:
L Line of Credit I lic Sec_ted Debt includes a revolving lain of credit provision. Although the Sewed Debt
may be reduced m a mm ommce, this Secu-iry Itassment will remain m effm until released_
- Ii,: Construction Loan. 7acs Security Instrument stcus an obligation incurred for the wosrmcom of an
improvement on the ?:poem.
C Fixture Filing. Grmto: pmts to Lender a smau tw :nte:est in all goods that Grantor owns caw or in the
future and that are or will become futures :elated us me property. This Setmnry lasnumcet suffma as a
financing statement and my carbon. photographic or cEncr reproduction may be filed of record far pumoses
of Article 9 of he Uniform Commercial Code.
C Riders. The covenants and ag[eemems of each of the riders checked below me incorporated into and
supplemem and amend me terms of this Security Iasrrtmes[. [Check all applicable boxes]
- ❑ Condominium Rader _ Planned Unit Oevdoomct Rider ❑ Other .......... ...............................
G Additional Terms. I Mill Hill 111111 IN 1111111 III 111111111 III 111111 IIII IlII
434977 08/30/1999 09:44A DT DAYIS SILYI
4 of 4 R 20.00 D 0.00 N 0.00 PMIN COUNTY CD
SIGNATURES: By signing below, Grator agras to the tems and covmmts contained m that Seeanty fnarummt and
in my anacbmems. Grmror also acknowledges receipt of a copy of :hat Security Instrument on the dare saved on
page 1.
i
X !/i iii` 1S. r+.x.:L' =���
l/ . in
-Y
Lsls'tdmRi( ami
ACK` OWLEDGNIE.NT:
STATE OF 7 —T.7AX .. .............. ........ COCNTY OF .ts�1P.., FieC D.... ......... ..................... I is.
The fore:mn_e unrr_aie t ,as acknowledged btiorc tL[s ... 23R day of .....^Q. x.:? +. •.. 355 .............
MV cotrmuss:on ex-uc:
�
s........... ................. .....
[Noun Paplel -�,1='1'•ti
J rNp7'�RY; z
.,cane -040fOa uF,N=
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-Ail
.. Attachment 4
certificate of occupancy
aspen * pitkin
community development department
this certificate issued pursuant to the requirements of
section 109 of the 1994' edition of the uniform building
code. it certifies that at the date of issuance, the structure
as described below was in compliance with the various
resolutions and ordinances regulating building construction
and use in this jurisdiction.
Use Classification:
Building Permit: 8 -215 .
LeptDescription:
Building Address
Co. 81611
Single Family Residence-
Lot 2, Pioneer Springs Ranch Subdivision
0650 Pioneer Springs Ranch Rd., Aspen,
Owner of Building: G. Steve Whipple
Owner Address 121 S. Galena St. #203, Aspect, CO.81611
Group: R -2 Type Construction: V -N
Use Zone: AFR -10 '
Description: 7,466 square feet including five bedrooms, two full '
baths, three 314 baths, one 1/2 bath, one Idtchen and a three car attached
garage.
Comments & Restrictions Two fireplaces: Masonry. One gas
appliance: Heat N Olo. BOCC 93-43, PZ 98-
�-
ref Build" g ffic' Date
Note: In a0 txeapmeirs. eiapi& IhN curdisatt mom be posted in a eampieuoa PMce
eesr the nab, snit on the penises for wines it is MEW MY almmtiM or use of these
described pamismoe portion thmpof without the silim approval of the Building
ot$oial ssa0 nape thb CA and subject it to nwacatim
PID # 264329100009
Attachment 5
PID # 264329100009
Aspen/PtddnCommunWD@4if4MintDepartment .
This certificate issued pursuant to the requkemlenft of -the 1997 edidon . a . f 109 section of the
Uniform Building Code. it certifies that at the date of Issuance, the structure as de4cdbed below
was in compliance with the Various resolutions and ordinances regulating building =311ILICdort
and use in this jurisdiction.
Use Classification: EARN'
Building Permit 0238.2003431im
Legal Description: SUB:DROSTFJPIONF-ER SPRGS RANCH-UNP LAITED LOT.2
Building Address:
Owner of Building:
Owner Address:
Group:
Type of Construction:
Use Zone-
Description:
450 SQUARE FOOT SHED.
Comments & Restrictions:
DESC: AKA PARCEL 2 Br,.0037 Pb:0037
650 PIONEER SPRINGS RD
SNOWMASS VILLAGE CO 81615
WHIPPLE GEORGE S & CYDIA B
121 S GALENA ST
ASPEN CO 81611
U1
VN
AFR-10
Chief Building Offfibial Date
Notac In all o parwkw except P. thiacardficatle moat be pealed Ina ccnq*- pia"nearlhe main axIt
the lannnives; forwitich It is "IML AN a wilticalIdle
wntt&nappr6(,W0( the &AIi Oftefshall negate 04 GC- Val subject It to MVO=dw
J012
r
Attachment 6
PID #264329100009
_t1it3l;t•1.111ZIf" 11 1;1 :1
PLANNER: Lance Clarke DATE: November 27, 2013
PHONE: (970) 920 -5452 E- MAIL: Lance.Clarke @pitkincounty.com
LOCATION: Parcel 2, Pioneer Springs Ranch
PID# 264329100009 ZONE DISTRICT: AR -10 ACRES: 35.9
OWNER: George S. and Lydia Whipple
REPRESENTATIVE: John Chromy EMAIL and PHONE: chromy16Cobg mail. com; 618 -6607
Type of Application: Site Plan Review and Special Review for a TDR receiver site.
Description of Project/Development: The Applicant is looking to attain Site Plan approval for construction of
an addition to a single family home. An envelope was previously approved, but it is no longer vested.
Land Use Code Sections to be addressed in letter of request (application):
7- 10-60: Site Plan
7- 20-10: Site Preparation and Grading
7 -20-20 Slopes
7 -20 -120: Scenic View Protection Areas.
7 -20 -130: Landscaping and Vegetation Protection
7 -30: Roads, Driveways and Parking
7 -50: Public Services and Utilities;
2- 30 -30(h) (2): One -Step Special Review Criteria for TDR Receiver Site;
Review By: Hearing Officer
Public Hearing? Yes, notice is required via posting, mailing and publication. The Applicant shall post a
public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision
pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified
mail) to all owners within 300' of the property and mineral estate owners with the return address of the
Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they
appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public
notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the
Community Development Department.
Staff will refer the application to the following agencies: Brush Creek Metro District, Pioneer Springs HOA
FEES: $2,862 (make check payable to " Pitkin County Treasurer")
$2,808 Planning Office flat fee (non - refundable; based on 9 hours of staff time. If staff review time
exceeds 10 hours, the Applicant will be charged for additional time above 9 hours at a rate of $3121hour)
$54 Public Notice Fee
The Hearing Officer is billed separately at $225/hour at the conclusion of the hearing.
J313
To apply, submit 2 cODles (1 unbound) 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. 24" by 36" and 11" x 17" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use
Application Manual, including Scenic Review Exhibits;
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. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating
the subject property within Pitkin County;
5. Consent from the owner of the property for the representative to process the application and represent the
owner;
6. List of all property and mineral estate owners within 300'(1 copy).
7. Total fee for review of the application;
8. Signed fee agreement (form attached);
9. Copy of this preapp form
NOTES:
➢ This Pre - Application Conference Summary Sheet is advisory in nature and not binding on the County. The
information provided in this Summary Sheet is based on current zoning standards and the staffs
interpretations based upon representations of the applicants. Additional information may be required upon a
complete review of the application.
➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in
Section 2- 24100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming
notice must be received from Applicant prior to approval.
The Land Use Code is available on -line at County Code
➢ The Land Use Application manual is available on -line at
http / /www aspenpitkin com/ Portals/ 0/ docs lcountv/Com %20DevIPlanningfland use application manual.pd
f
0b'u;J14
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and Q
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
APPLI (:KNT has submitted to
_ •V it7 &7 __ e .
an application for S � P'iayi Re V i C W
- reinafter, 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 the COUNTY. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ 0c which is based on 1Q 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
` 015
GeO S. W W >,al e
("APPLICANT")
By: 1A0Z6a1z1z
Print Name and Title (if applicable)
Date: 1- /5 /*-
Mailin Address:
i Z Y P 2O'S
WHIPPLE : SITE PLAN REVIEW and
SPECIAL REVIEW for a TDR RECEIVER SITE
DROSTE /PIONEER SPRINGS RANCH - UNPLATTED
till
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SITE PLAN
Parcel 1
Parcel 7
y
LOT 2, AKA PARCEL 2
UTILITY
EASEMENT
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50• ACCESS I I
a unLrn I
EASEMENT
1
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1
\ 10' UTILITY
EASEMENT
EXISTING
ACTIVITY _.------- --- -.. ��
/I UTILIrly
EASEMENT
sl
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.s
Attachment 7
SMALL
P I D # 2729 - 173-00 -022
DISCLAIMER
♦pplNYlR MAMONIEIXfS THAT HE /SHE HAS BEEM NFOfMEO BY P"N
couHr, OF THE ERBIFNCE OF FXJYL]rYEHTNL IUZMB M .
MGHr NFECr T11E PHCPEPTY. NHY MPROYEYENTY IM THE UBE.
OCc1.p1 TYEAEOF. THE NgYBIGN5 OF THE PrtKN LW m
HEGW T[ OO HOT N RHY WBV /SSU1E OP .TPIY rHNT MF/5 OUrSCE
OF OESM TED "O MEN Wll BE FREE FHOM HIIAROa OH TUT
MpROYEO.R TNMI MEASUHrs Wit OIWUNIEE THE WETY OF.WY
PRGPERTY,
OWNER
GEORGE i /NPPIGWr:
WNPRE
Z NN Fn /NPPICM7: EYOM a.N
PITNIN COUNTY HEARING OFFICER
FFM an N HN BEEN REVEN£O.MD MPi D
BY THE PHNN COUNTY HEA OFFCER THIS _ DAY Of
sUOELT TO fOWNm CEVFLOPEENT OF➢M11EIR
POMNBT m Ofi:BIXI N0. PI.. HECOP[EO N
RECFPTCN MJ.
PTTI(N CIXMTY IiMN30FFILBI
ACCEPTANCE FOR RECORDM
TEBSRE %IJI /ILTMIY RrVELOPENAH IW effN/LCFDIIDFOa FelH3N
TE OFFICE 6 TIE CIFRf NodO.oRCUCd f�FAaOF l!E Od1MIY Ci PIrIRI. BBHE 6
D08� NAreoDE N_�ry �.a ilam —T�eE roFal�N
nESlcerrE
1 PROPOSED
ADDITION
T�
MOVING
PIILP
RacN 1
EXISTING
AC
N VELOPTS 1 "s
EE
PROPERTY /
NE —/
I
ACTIVITY ENVELOPE PLAN
SCALE : 1" = 30'
IO B N O
LEGAL DESCRIPMN
N6BIYBIOt BPOBTE /PIO✓ffAaPRMA RMCIHMFIATFD
wr: t Ne,B Wore z
Pro a 264329100008
VICINITY MAP
10 JAN 2014
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Parcel 1
Parcel 7
y
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UTILITY
EASEMENT
I
50• ACCESS I I
a unLrn I
EASEMENT
1
I"D
� Iv
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\ 10' UTILITY
EASEMENT
EXISTING
ACTIVITY _.------- --- -.. ��
/I UTILIrly
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sl
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Attachment 7
SMALL
P I D # 2729 - 173-00 -022
DISCLAIMER
♦pplNYlR MAMONIEIXfS THAT HE /SHE HAS BEEM NFOfMEO BY P"N
couHr, OF THE ERBIFNCE OF FXJYL]rYEHTNL IUZMB M .
MGHr NFECr T11E PHCPEPTY. NHY MPROYEYENTY IM THE UBE.
OCc1.p1 TYEAEOF. THE NgYBIGN5 OF THE PrtKN LW m
HEGW T[ OO HOT N RHY WBV /SSU1E OP .TPIY rHNT MF/5 OUrSCE
OF OESM TED "O MEN Wll BE FREE FHOM HIIAROa OH TUT
MpROYEO.R TNMI MEASUHrs Wit OIWUNIEE THE WETY OF.WY
PRGPERTY,
OWNER
GEORGE i /NPPIGWr:
WNPRE
Z NN Fn /NPPICM7: EYOM a.N
PITNIN COUNTY HEARING OFFICER
FFM an N HN BEEN REVEN£O.MD MPi D
BY THE PHNN COUNTY HEA OFFCER THIS _ DAY Of
sUOELT TO fOWNm CEVFLOPEENT OF➢M11EIR
POMNBT m Ofi:BIXI N0. PI.. HECOP[EO N
RECFPTCN MJ.
PTTI(N CIXMTY IiMN30FFILBI
ACCEPTANCE FOR RECORDM
TEBSRE %IJI /ILTMIY RrVELOPENAH IW effN/LCFDIIDFOa FelH3N
TE OFFICE 6 TIE CIFRf NodO.oRCUCd f�FAaOF l!E Od1MIY Ci PIrIRI. BBHE 6
D08� NAreoDE N_�ry �.a ilam —T�eE roFal�N
nESlcerrE
1 PROPOSED
ADDITION
T�
MOVING
PIILP
RacN 1
EXISTING
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N VELOPTS 1 "s
EE
PROPERTY /
NE —/
I
ACTIVITY ENVELOPE PLAN
SCALE : 1" = 30'
IO B N O
LEGAL DESCRIPMN
N6BIYBIOt BPOBTE /PIO✓ffAaPRMA RMCIHMFIATFD
wr: t Ne,B Wore z
Pro a 264329100008
VICINITY MAP
10 JAN 2014
S.
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Sections 28 & 29,
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Faint Amendment to Lot Line Adjustment
and 104! Review Site Plan
County of ^Mnr, Slate of Colorado
Droste ,xPioneer
Spring Ranch
Attachment 9
PID * 284329100009
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Attachment 9
PID * 284329100009
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Attachment 13
PID #264329100009
FXL4IYIG NEw EXI.STING� NEw
EXISTING
DECK
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— PROPOSED
EXISTING "\� CLOSET
BATH ADDITION-
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itit II : -----------------------------
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WHIPPLE -- ADDITION
650 Pioneer Springs
1 -10 -14
Attachment 14
M11t1C->((-51 PID # 264329100009
ZZ
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5 -773 P -. '; : iBa P6 f ;�.... -.,� - - -- -
378933 RITKItJ C017r{TY: CLERK S RECOR ➢tR �•OQ
SILVIP DAVIS :. :. ... .. .: ..
RESOLUTION OF T88 BOARD of COMMY C0Inas SON£RS OF: PITE33d COUNTY _
v
COLORADOa GRANTI.gG 1045 SPECIAL REvIEA, G'ffiA HIIBXIHSION AND, .
CARZTAICER UNIT APPROVAL -TO _SIX 35+ ACRE, PARCHLH OWNED
BY MARY ELIg.1BE ALBERT DROST9
Resolution g0. 93-
RrCT'T'AL@
y
1 •
Mary 4/ -i zabeth and Albert Droste , hereinafter "Applicants",
- t+c
Piin County,
� have applied ta.the Hoard -of Count�Commissione.s o
CColorado, hereinafter "Board", for aPpro ral of the follcwinq: -
a; Collective 1041 Special Review for..s_x, single family building
envelopes and acC@ss drives, Pursuant to,Sectian 5 -440 of the
Code; '---� - _-- ....,..�- .- __�.....r.. .___�..- -• - -_ _�__ ... ---• -^ - - - -
0' b. Collective General Submi_ss-;0a Review, pursuant to Section 6 7 _
�• 3 of the Code;
\�
C. Caretaker II1:- Review for six attached caretak_- units, one
sv or. etaker 'L, Z=suant to Se ^icn 3= 8.13_:oE tRe de.
1,' The development parcel is located on the nor`:, -side of Brush _
: -,_'-'
Creek Road in Section 29, 'Township 4 South, Raace as West, more
crib- ,-- n n-
v specifically desed in Exi =_n =.- A '
Z_ The Applicant's parcel is zoned AF-1 and canSists of Seven - .-
adjacent =etas and bounds lots, each containing 35 acres..cr ... more.
,
3. One of
the seven lots - rze_ive-d- 1041 and Ger-eral Submission
approval pursuant to Resolution No. 90 -127.• .
4. The applicar-t is recess ti?S concurrent approvals for the'
remaining six lots in order to facilitate a "master plan" approach i
to the development of the parcels.
5. The Plan
Cow =ssion considered.the.Applieation at a duly -
noticed public. hearing at a req,il arly scheduled meeting on November -
approved a scenic over'- ay /ridgeline
3, 1992, at which time they
_
37H933 B-777--,P-71348 P 48 02/ "13l95 03:18F FG�.._"DF "11
Resolution ¢93 -�
Page 2
review and a subdivision exemption for lot line adjustments
between the siX lots, pursuant to Resolution PZ- 92 -38.
ion also reviewed and recommended
6. The Planning Commiss
conditional approval of the requested 1041 Special Review,
Caretaker Units and General Submission.
7. This application was scheduled to be heard at a- regularly
scheduled meeting on January 5, 1997, at which time it was
continued to March 23, 1993, due to an illness.in the applicant s
family.
B. The Board heard this appli cation on March 23, 1993, at which
time evidence and testimony was presented with respect to the
proposed development. The Board. commended the applicants for
clustering building sites, and encouraged the applicants to place
a conservation easement over the remaining, undeveloped portion of
the parcel in order to facilitate preservation of wildlife habitat
for the future.
Now, THEREFORE, BE IT RESOLVED 'by the Board that it does
hereby grant approval to the Droste 1041 Review, Caretaker Dwelling
Unit Review and General Submission subject to the following
conditions_
�1 The applicant, his assigns, successors or heirs ,shall abide
by recommendations made by consulting geologist Niek Lampiris.
The following measures (a -d) shall be included in protective
covenants:
a. Rills around each site shall be diverted through proper
drainage design, approved" b- regi`s`£e�e3-professional
engineer prior to issuangq,of building permits for the
residences.
i
b. Homes shall be placed on positive ground with slopes
24
378933 H -77 F -849 -02 .'
%1/9..r 5 0..;18? PG':.DF11'` ... _
Resolution 193 -�
Page 3
draining away from the foundation in all directions,oZ
at least 5% for ten feet;
C. In order to minimize shrink -swell potential and keep
hydrocompaction to a minimum, natural vegetation shall
be encouraged. Extensive watering of landscaping shall
be avoided;
Prior to building permit application, a registered
professional ipngineer shall approve foundation designs
to assure accommadaticn_of soils which may have potential
for swelling when we
2. The following wildfire mitigation measures shall be adhered
to, maintained, and incorporated in covenants:
Residential_ sprinkler systems and "associated water
C2`�gC storage shall be installed in all residences.
1J _v access . "to_water storage shall be available for emergency
use by personnel responding to fire.
b. In the event that the applicant s not shall din by tall Brush
Creek Water District, the applicant
LT1 water storage tank . to_ accommodate _a minimua of 10,0
gallons_. Capacity shall be` - "dete"rmined by the
Environmental Health_oepartment. The tank-May be located_
Outside of designated building envelopes subject to
approval by the Planning Office and the Division of
Wildlife. If water service is provided by the Brush
Creek Water District; ` a fire hydra::t shall be placed
alone the water line, in lieu of a storage tank, and the
District shall provide water for - _domestic as well as fire
flows. Exterior access to water S=
rage be
available for emergency use by use responding to
fire.
C. All roofs shall be kept cleared of debris._
d. The base of the building(s) shall be kept cleared of
weeds and debris.
e. Firewood shall be stacked on a contour away from
building(s).
f. At least one ten pound ABC class fire extinguisher shall
be placed in each st. ucture,__„_ ti,.____ .._..._....,...__�_._.._.....,_ ...............
g. Regarding vegetation:
1) All vegetation shall be removed within 10 feet of the
structure and /or maintained as low groundcover such as
0OU025
378933 B-773 Peo"'10 _ 02/13/45 03: 18P, PG, 4
Resolution #93 -46
page 4
mowed grass.
2) vegetation shall „_be thinned.with_in a minimum of, 30
feet around the structure(s) with a minimum of 10 ft.
crown separation bstwPen 'clumps of oak /serviceberry.
Remaining clumps shall :not have an aggregate crown
diameter in excess ,of,.10 feet.
3) Vegetation den!i sPial•I Fie =educed - thinning out
to a distance_.of_at least loo feet from structures.
4) Maintenance of_ the" "defensible space" shall be
required and specified- _in_Proteetive4covenan„ts. ,2.._........._ _.
Any additional proposed buildings within the building
envelopes shall incorporate wildfire hazard mitigation
measures.
Q\ Non- combustible roof material including tile, asphalt,
CCJJ metal or Class B Carti- Guazd_(registered brand name) Red
v Label shakes and shingles uti
"
lizing Class B construction
techniques (1/2 minimum solid_ sheathing) or better,
shall be required for all structures of the subdivision.
J. Addresses shall be clearly marked and visible with min;
2" letters.
k. All power and telephone lines on Lot numbers 2, 3, 4, 5,
6 and 7 shall be undergrounded. _
/ 1) Cantilevered building designs shall be prohibited on Lots
L / 2, 5, 6 and 7.
M. The proposed access _driveways shall be designed• to
accomodate turn - around space for' emergeicy vehicles
and /or pull -outs sh ill • be adequately spaced along the
main access drive. The County Engineer, in coordination
with the Fire District, shall review the design for
compliance with County road standards, prior to issuance
of an access permit.
4. Development impacts on wildlife shall be mitigated as follow4:
a. Dogs and large domestic predators shall be prohibited on,.,
site. Covenants_ shall ref lect9 the prohibition and include
the following stip`ulix-Eion:
Repreaentativea of thn Colorado Division of Wildlife
(-DOW-) and Pitkin County are hereby granted a round i oundje
to enter upon all subdivision_lots and common g_ n
order to enforce any of the restrictions 'set forth in
these covenants with respect to dogs. Enforcement on
the part of the DOW and_ Pitkin edunty may include the
capture or destruction Of any dogs running at large On
00002
00 002
•
P- :. 1''_B <1- . Q', =/ 1.._ OF
378933
Resolution
193-��
rage 5
the pr operty. owners of dogs running at large shall,
DoW and p itkin County for all
upon demand, reimburse the
in the caature "oi destruction of `such
costs incurred
dogs.
Jo.
New or replacement, fencing outside of the building
a(s) approved by
envelope shall be limited to pasture are
Wildlife. These areas shall be delineated
the Division of
Plat and` appr`o3-ad by the Division •of Wildlife
on the
to recording of the plat. Fencing shall be £hrae
prior
strand wire, a maximum of 42" in height with a_ minimum
Fencing shall be designed
kick space of 12" from the top.
to allow passage of w- ldlifa.
c.
No vegetative manipulati exec t 1 where outside
p necessary to
building envelope(s)I
accommodate wildfire 'hazard mitigation, water tank
horse
construction, and read construction, and within the
pasture identified on the site plan:
d.
All development, with the exception of the water tank,
the building
roads and utilities, shall be limited to
(outside of building
enve'_opes. Specific areas
be approved by the Division of Wildlife
envelopes) shall
for fencing and grazinc, and shall be designated on the
be except
site plan. Grazing /pasturing shall prohibited,
the fro April ist_ through October 30th,
during period im
during which time grazng /pasturing shall be allowed qnly
within the the area designated on the site plan /plat, as
Wildlife._ Sheds and--hay
approved by the Division of
within the pastures designated on the
storage areas
site glen may be. used from'April 1st through
recorded
October 30th only. x111 hay shall be removed or made
31st through March
inaccessible to wildlife from October
the 'puspose''o'f providing shelter • or
31st. Barns (for
other accessory uses for animals) shall be prohibited.
All trash shall be contained in bear -proof containers.
e.
f.
Detached employee units, and development of roads in any
designated for
portion of the prope -ty, othez,than that
drive and individu_ al - driveways on.
the subdivision access
=f 'bie prohibited.
the site plan, she
g,
All winter recreational use of the property shall be
t :_common"e =ce "s'S'faad for parcels 2-
prohibited west of e
7 identified on the recorded site plan. '
h.
The water in Pioneer springs pond shall remain available
for use by wildlife.
00 002
378933 B-773 -`�2 @2/13/95 @3:18P PG ESf
Resolution J93 -�
page 6
S. Construction_ of structures and grading (with the exception of
the approved access' roads on, slopes' exceeding 30% in grade,
shall be prohibited, unless pproved subject to further 1041
review by the Board. Within the building envelopes designatled'
on the site plan, above ground Fencing and vegetative
landscaping may encroach on slopes exceeding 30l in grade:
6. The applicant shall revegetate areas_ disturbed by construction
within one growing season of construction.
7. Prior to construction of the access road and driveways, the
applicant, his assigns, succasso =s or heirs shall obtain an
access permit from the County Engineer. Roads shall 'be,
designed to comply with County driveway standards.
The access drive shall be treated (at a frequency to be
determined by the Environmental :J$ealti�b`epartment) for dust '
control-by the Homeowners Association. The road
built _
built and initially maintained by tie applicants: Maintenance
shall then be taken Over, by the Homeowners Association._
Covenants shall address maintenance on a pro rata,share basis. ,.
Access easements for use of the common . driveway shall be
described and - recorded on the, lot_ line, adjustment plat, as
necessary to benefit all of the - parcels.'
10. Contributions of no more than $5,000.00 shall be imposed on
each lot as a pro rata assessment_. for_ improvements to Brush
Creek Road in the event that a road improvement district is
ha
formed. All lot owners shall jo _in a road improvement
district, in the event `..hat such , a, district is_ formed; : .._
Covenants shall reflect this requirement.
11. The applicant shall submit_,a drainage/ erosion control plan at
building permit application. Temporary 'erosion control
measures shall ,also_ be, required during construction.
C1 12. Prior to recording of the ID41 site plan, the applicant shall
V grovWe evidence to the Planning Office and County Attorney
y� that it has. developed the apptopriate engineering information
V't and report to support a plan for augmentation for the
provision of an adequate and legal water supply for 'the
development. Upon approval of the engineering report and
approval of the ability of applicant to obtain a legal water
supply by the County Attorney and the Environmental Health .
Department, applicant shall have the right to either finali2e_
the plan for augmentation and develop its own water system or
enter into an arrangement with the Brush Creek Water District _.
for water service to the development. The Water District
shall only extend water service to the d_ evelopment, upon
approval of a District exmansion' by` the'Board of County
UUj
Juuv29
:_ PnOGY7,.ry �'}' 11_._...,.._
379933
B -773 P ...02%13/950 f8 _,..__..__.._-.•,.,.-�.-_...- --
Resolution 193 -'7
Page
7
Commissioners. Upon obtaining such approvals from the County
Attorney, Envirdmriental,iiealth Department (and the Board*of .
water district expansion only) ,
County Commissioners for
be ' issued for" lots within the
building permits may
development.
^� 13.
Septic system designs and locations, and the quality of the
the lots, shall be'reviewed and approved
L`\
water system serving
Environmental Health prior to issuance of
by the
any building permits.
14.
Prior to recording of the plat and site plan, the Division of
the valley (to-the
Wildlife shall evaluate the impact of using
r_. _._
is prepcsed), as
1cfi davearea
west of the ridge on
ca
In the_eve,nt that an area can be designated for
pastureland.
grazing, without detrimental impacts to' wildlife, the area
and plat, and protective
shall be delineated on the site plan
sat_fc =th' a' procedure for management and
covenants shall
maintenance of the "common -
maintenance 'shared by the lots.
15.
Maintenance of the Lemond Ditch shall -be the responsibility
of the Brush Creek ,Stables Ranch Manager. Ditch access shall
which shall be recorded concurrently
be protected by easements
with the lot line adjustment plat. Ditch maintenance
responsibility shall be-stipulated in the covenants.
16.
Residential development on Lots 2, 5, 6 and 7 shall be subject
buildizig
to Scenic Overlay Review prior to issuance of _ a ,
This requirement shall be stipulated within the
permit.
for the property. The Scenic Overlay Review shall
covenants
be referred to the Town of Snowmass Village for referral
comments.
17.
require earthtone co_crs and /or
Covenant restrictions shall require n_ and
natural materials such -as stone and wood for exteors,
non - reflective roof materials.-
18.
Through covenants, the applicant shall establish architectural
"rural"
design standards.to,e.ncourage compatibiltiy with the
character of the community.
19.
"Uplighting" of landscaping -shall be prohibited and exteribr
lighting sources shall be located so as to limit, the
Brush Creek Road_
visibility .of lights as seen from
cczeply with
Applicants, assigns, successors or ,heirs .shall
County lighting regulations in effect at.thq tIme_cf_building
permit issuance.
20.
Perimeter fencing on individual lots shall be prohibited.
21.
Caretaker units shall be located within or attached to a
Juuv29
378933 P -773 F� -F3°,4 `02/13/95 0.'a,: 18P .F'G 8, OF 11
Resolution
Page 8
principal dwelling. Prior, to issuance of building permits for
individual lots, caretaker unit`s` (if proPosed) shall be deed
restricted to Housing Authority Guidelines/ and issuance Use
Standards
in effect at"tFie` time of building permit
unit.
Residences shall comply with air quality regulations in effect
at the time of building permit issuance.
23. The applicant, his assigns, successors or heirs shall place
gravel on the access driveway during construction. to ensure
that no mud carryout occilrs "on Hrush_Creek Road. - ,
24. The applicant shall prepare a 24" by 36" combined 1041, site
Q plan and lot line adjustment plat for recordation which meets'
the approval of the Planning Department and the County
Attorney.
25. The accumulation of acreage on Lot 7 (resulting from the lot
line adjustment) shall not,be utilized for further subdivision
or in floor area calculations for building on the lot. En .the
event that _future floor area-- restriations,arey established for.-
the AF -1, zone, the lot acreage shall rem ain at 45.013 "adze:
for floor area calculation purposes.
26. Building envelopes on the reco led lot line adjustment plat
and site plan reflect setback va,.lances approved by the Board.
27. The following 1041 Hazard Review Warning and disclaimer shall
be placed on the Plan:
"The provisions of these regulations do not in any way assure or'
imply that areas outside of designated hazards will be free from
hazards, or that approved mitigation measures will g•: arantee the
safety of the property."
28. Approvals granted pursuant to this Resolution shall be vested
for a period of ten years from, the date_ of approval.
29. 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'. y "
other conditions -.
APPROVED AND ADOPTED ON THE 23RD DAY OF MARCH, 1993-
000A
378933 R -773 r7*4+5 O^/13/95 03:18P PG 9
JLJ/��
Resolution 193 -L
Page 9
0
HOARD OF COUNTY COMMISSIONERS
OF PITRIN'COUNTY, COLORADO
/
By Chai nIA11W .
ART ST:%% Date —
J Otte Son '
D �
uty Clerkd Recorder
APPROVED AS TO FORM: APPROVED AS TO CONTENT:.
Timothy'E. - itt, enza &one an,
County may Coun planning Director
� dTn. ldliwx
I
_ .. _..... o. _,.�,uarx•.�eima:.awn•.ce_<.N.0 tbe. ____ _ _ — _
u�ii��731
3789.13 B-773 P-856 O3/13/95 03 :18P PG 1@ OF 11
A tract of land situate in - S=tJons 28 and 29, ra reship 9
South. Range 85 W"t' of the 6th Principal Meridian boiV M"
parbcuicrty described os fa/Ja,+s
Beginning at the East 114 corner of soid See , Uwree S
s F7538' E 76.J5 feet to a point an the,
of -Mly line of a county rod de:T bed in Rea. hie. 117613 of
the recards of the G7enk and Recorder of pitb'n County,
(:abmdc: thence 50 northerly right -of -ley the hollering 18
courzrs: 1) S 51'4777"W i 117 fast thence 2) 204.3d fort
along the are of a curve to the 6�hhalong d subtar Of a
178.29 feat a aeab'af -ang/s
chord bearing S 48'JO?6'OW 204.47 feet f wxv J)
s 45•tJ77' W 2J0-55 feet the -4f 34872 feat along dw
OM of a rrrVe to der right ha+er+g a radius of 174:K.22
feet a crnb a/ angle -of JBLL3'�.9', and subtwofng a chord
bearing S 34'1528' W 347.27 f «t: thexe 5) -5 63'17'27'
W 75.:7 feet Ulenee 6) 204:79 feet along the am of a ores
to the hit hovmg a mdk s of 1708;81, fast a Cw,b angle
of 6':2'00' acrd a3xbtendfng a cram! bearing S S9'3f ?7' 3M
204.67 feet thrnci 7) S 3625 27'W 180.00 fret dw=v 8)
209.77 feet along the are of a curve to the /aft, haling a
radius of 85851 feet a eantr/ angle of 147x0730 ; and
subtending a chard bscring S' 4925 2r W 20915_/r�t_
Urence 9) S 42725227 W 214L95 fact Urerrcre 10)� 385 $5 AV
along Ure am of a cures to thm right hav ng a radius of
11Q5,92 feet Cr central ongie of 19'S8'4a and subtsrsdin9 a
chard bearing S 572826' W .38.3.70 lent thence 11) 10917
feet along &e am of a cur-we to Ure nght,' haviv a radLw
of 1019.55 feet a central angle of 71'45;77', and
subtending a curd bearing S 687039' w 2Oa90 feet
them_ 12) S 74'1,7227 W 14E 71 feet; thence 1JJ 214.10
feet akng the arc of o curve -ta„ die /off, hcvlirg a mdsus of
607.18 feet. a eenbv/ angle of 20'11'13'• and subtendng a
chord bearing S 6.156034 W 213.00 feet- thence 14)
S 5350'17' W 6255 feet,- thence 15) 279.78 feet akng the
arc of a 'ores to Ure right hewing a radius of - `..`.7.41 . . '.
feet, c central angle of 2857758^, and subtending a chord
beorrrg S 68'1978' W 2761,61 feet.• (he_ ncr 16) S a24877"
W 141.11 feet: thence 17) 96.1'7 fret a long the am of o curie
to the right, having a radius of 1094.57 feet o central ico! -k•�
000032
:378933 S-773 p-857 02/13/95 PG It OF 11
4mVIc of 5=0", and subtff"e"g 4r chard b*=P-9 5
63'1957* W 96-44 Advt VMY2'cc 18
S 82"S t T? W 25195
feet to a point -on d fonmr rMl-C- 4(0* ed in Book 295 0 of A790
69 of said Mb;l County rv=rutr. thdoem -N 07�48 C
&X66 feet CADrV SCAJ fo7c& sine: thence N !f 45-W C
627.76 feet d*V $vie fo-=* fi-mv ftwx:r N 00-45-J66 W
20J-JS 4et'OADIV Ssad fence /hre; - w
2,11J9 feet abog said AV7C:,-- A-PC 10 VM OaXl�-WiKW cmiw*w
of said 29; ffid"Ce s &it
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said omf
of said SrcYan- 29, ffi� 1V _Md"P37 E'2792M 40 29 "7n fie
&d west raTe of Lots 17 OtT;f 14 'of soil_
north &W of sod sectral? 2M; &00= 5 sk56'310 E
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r JZ-44 feet to, the north - c*-Yw or, scid
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r4rjbt rmw We said Swc6ipa 29 to f6o - - 6ciiw'cf Lot
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U U034(
Attachment
_ PID # 264329100009
0 1 2 5 1994 71 C 417
MEMORANDUM
TO: Suzanne Eonchan, Community Development Director
FROM: Ellen Sassano, Planning office
RE: Droste Lot Line Adjustment
Droste Minor Modification to a Development Permit
DATE: October 14, 1994
APPLICANT: Albert and Mary Elizabeth Droste
PROPERTY LOCATION: Parcels 1 and 7 of the Droste Master Planned
Area on the north side of Brush Creek Road
ZONING: The parcels are zoned AFR -10. Parcel 1 contains 39.14
acres and Parcel 7 contains 66.286 acres. As a result of the
boundary adjustment, Parcel 1 will contain 45.24 acres and Parcel
7 will contain 60.186 acres.
REQUEST: The Drostes propose a lot line adjustment to allow a
reconfiguration of the lots which results in the inclusion of an
historic pasture and fencing on Parcel 1. A minor amendment to a
development permit will also be necessary to accommodate the
inclusion of a shed in the pasture, as well as an access
realignment.
BACKGROUND: Pursuant to Resolution No. 93 -43, the Board of County
commissioners approved a small pasture area for parcels 2 through
7 for the keeping of horses during specific periods of the year
recommended by the Division of wildlife. Because the original 1041
and General Submission approval for Parcel 1 occurred prior to the
consolidated application for parcels 2 through 7, Parcel 1
currently has no associated pasture area. The adjoining Parcel 7
maintains existing pasture on the west and east sides of a ridge.
The adjustment will allow the portion of the pasture lying on the
east side of the ridge to be included as part of the parcel lying
on the east side of the ridge (Parcel 1) . Consequently,
maintenance and irrigation of the pasture will be more easily
accomplished. Moreover, the value of Parcel 1 will be increased
with the addition of the approved horse pasture.
The subject pasture area was approved for its specific use as a
part of the Master Plan review of Parcels 2 -7. As the adjustment
will result in a change in ownership rather than in a physical
relocation of the pasture, no further 1041 Review is necessary.
Covenants associated with the BOCC 1041 approval of Parcels 2 -7
address the uses and restrictions associated with the pasture
15
377938 B -771 P-399 01/10/95 01:31P PG c OF 6
areas. The applicant proposes to amend covenants to include the
same provisions for Parcel 1. The Lot Line Adjustment Plat should
be recorded specifically as a first amendment to the 1041 Site Plan
recorded for Parcel 1 and a first amendment to the Lot Line
Adjustment /1041 Site Plan recorded for Parcels 2 -7.
Moreover, the applicant should obtain approval of a Minor Amendment
to a Development Permit to accommodate the addition of conditions
associated with the pasture as an amendment of the 1041 Resolution
of approval for Parcel 1.
The applicant is requesting two additional amendments to the
development permit for Parcel 1:
a.
Pasture. The road will access the pastures for Parcels 1 and 2.
The realignment is primarily along an old existing roadway, and
will require no change in the existing access off Brush Creek Road.
Approximately 200 feet of new driveway will be constructed to
connect the existing roadcut off Brush Creek to the old road
alignment. The County Engineer has no objections to the proposed
realignment. There are no 1041 concerns associated with the
proposed realignment. Randy Cote has reviewed the proposed
alignment and indicates that the road improvement will result in
no additional impacts to wildlife habitat as long as it is used
for access to the pastures from April 1st through October 30th
only. The road does not, and is not proposed to access any
residences. Staff recommends that the road be used during summer
months only for access to pastures only, and that it be improved
to no more than a primitive access standard. The County Engineer
concurs.
b. Construction of a shed for shelter and hay storage. Existing
approvals on Parcels 2 -7 allow a shed and hay storage within the
identified pastures, with the stipulation that hay only be allowed
on site from April 1 through October 30. The hay must be offsite
or inaccessible to wildlife during the remaining months of the
year. Randy Cote has no objection to the request, as it is
consistent with the approvals in place. There are no other 1041
concerns associated with the proposed shed and hay.
The pasture lies within the scenic overlay area and will be visible
from Brush Creek Road. Section 3 -604 of the Land Use Code
stipulates that a scenic overlay review is required when
"development... changes the basic character or use of a parcel of
land, or. significantly alters the visibility of an existing use
from a public right -of -way." As this pasture has been historically
used for hay and the grazing of horses, the argument may be made
that the addition of a horse shed does not constitute a change in
the basic character or use of the parcel. Staff supports this
argument if the following restrictions are placed on the shed:
00U-035
377938 B -771 P -400 01/10/95 01:31P PG 3 OF 6
a. The structure shall be a three sided open shed for horses for
the purpose of providing shelter from weather and hay storage only.
Any use of the structure for purposes other than shelter for horses
and storage of hay shall be prohibited.
b. The structure shall contain no more than 450 square feet of
floor area. It shall contain no more than two stalls and storage
for hay.
STAFF COMMENTS:
Lot Line Adjustment
The request complies with the following criteria for a lot line
adjustment pursuant to Section 3 -1803 of the Land Use Code:
a. The adjustment creates not more than the original number of
parcels.
b. While Parcel 1 will increase in size by approximately 6.1
acres, no floor area increase will be realized as a result of the
adjustment. Concurrently, the allowable floor area will be reduced
on the Parcel 7, based on the loss of 6.1 acres, in the event that
floor area ratios are adopted for the AFR -10 zone district.
c. Both parcels currently comply, and will continue to comply with
bulk and area requirements for the AFR -10 zone district as a result
of the adjustment.
Minor Amendment to a Development
In order to document the amendments to development permits, Staff
recommends the following revisions to documents:
1. Covenants for Parcels 2 -7 shall be revised to include Parcel
1 in the provisions regarding the use of the horse pasture.
Specifically, The pasture shall only be used for horses, a
three sided open shed for horses and the storage of hay from
April 1 through October 30. Horses and the hay must be
offsite and /or inaccessible to wildlife during the remaining
months of the year. Revised covenants shall be recorded at
the Pitkin County Clerk and Recorders office within 90 days
of signature of this memorandum by the Planning Director.
2. The following revisions shall be made to the Lot Line
Adjustment Plat prior to recording:
a. Reference to "Subdivision" on the Plat shall be
eliminated, as the County considers these parcels to be
metes and bounds parcels rather than subdivided lots.
b. The plat shall include written legal descriptions for the
3
U00036
377938 B -771 P -401 01/10/95 01:31P PG 4 OF E
parcels.
C. The dashed rectangular box to the east of the spring and
pump area on Parcel 7 shall be eliminated.
d. The proposed access alignment for the road to the pasture
areas on Parcels 1 and 2 shall be drawn correctly to
correspond with the existing Brush Creek Road cut along
the "previous lot line" identified on the plat. The
access easement note identifying the easement to Parcel
2 shall specify that the easement shall be used for the
purpose of accessing the horse pasture for parcel 2 only.
Use of the easement for access to residences shall be
specifically prohibited. The road shall be improved to
no more than primitive access standards as defined in the
Pitkin County Road Standards.
e. The signature block for the Board of County commissioners
shall be removed and replaced with a signature block for
the Community Development Director.
f. The Lot Line Adjustment Plat shall be recorded
specifically as a first amendment to the 1041 Site Plan
recorded for Parcel 1 and as a first amendment to the Lot
Line Adjustment /1041 Site Plan recorded for Parcels 2-
7.
g. Placement of the proposed shed shall be subject to Brush
Creek Road and zone setback restrictions.
RECOXMMMATZON: Pursuant to Section 4 -4 of the Land Use Code, the
Planning Director may approve a request for a Lot Line Adjustment
and a Minor Amendment to a Development Permit upon a finding of
compliance with applicable sections of the Land Use Code. Staff
recommends that the Planning Director approve the Droste Lot Line
Adjustment and request for a Minor Amendment to a Development
Permit subject to the following conditions:
1. Within 120 days of signature of this memorandum by the
Community Development Director, the applicant shall submit a
revised Lot Line Adjustment Plat to the Planning Office
reflecting the following changes:
a. Reference to "Subdivision" on the Plat shat/ be
eliminated.
b. The plat shall include written legal descriptions for the
parcels.
C. The dashed rectangular box to the east of the spring and
pump area on Parcel 7 shall be eliminated.
4
000037
377938 B -771 P-402 01/10/95 01:31P PG 5 OF 6
d. The proposed access alignment for the road to the pasture
areas on Parcels 1 and 2 shall be drawn correctly to
correspond with the existing Brush Creek Road cut along
the "previous lot line" identified on the plat. The
access easement note identifying the easement to Parcel
2 shall specify that the easement shall be used for the
purpose of accessing the horse pasture for parcel 2 only.
Use of the easement for access to residences shall be
specifically prohibited. The road shall be improved to
no more than primitive access standards as defined in the
Pitkin county Road Standards.
e. The signature block for the Board of County Commissioners
shall be removed and replaced with a signature block for
the Community Development Director.
f. The Lot Line Adjustment Plat shall be recorded
specifically as a first amendment to the 1041 Site Plan
recorded for Parcel 1 and as a first amendment to the Lot
Line Adjustment /1041 Site Plan recorded for Parcels 2-
7.
q. Placement of the proposed shed shall be subject to Brush
Creek Road and zone setback restrictions.
h. A note shall be added to the plat, stipulating that in
the event that a floor area ratio is adopted for the AFR-
10 zone district, the floor area for Parcel 1 shall be
calculated based on a parcel size of 39.14 acres, and
floor area for Parcel 7 shall be calculated based on a
parcel size of 60.2 acres.
Covenants for Parcels 2 -7 shall be revised to include Parcel
1 in the provisions regarding the use of the horse pasture.
Specifically, The pasture shall only be used for horses, a
shed for horses and the storage of hay from April 1 through
October 30. Horses and the hay must be offsite and /or
inaccessible to wildlife during the remaining months of the
year. The structure shall be a three sided open shed for
horses for the purpose of providing shelter from weather and
hay storage only. Any use of the structure for purposes other
than shelter for horses and storage of hay shall be
prohibited. The structure shall contain no more than 450
square feet of floor area. It shall contain no more than two
stalls and storage for hay. Revised covenants shall be
recorded at the Pitkin County Clerk and Recorders office
within 90 days of signature of this memorandum by the Planning
Director.
000033
377938 H -771 P -403 01/10/95 01:31P PG 6 OF 6
3. All representations made by the applicant in the application
shall be adhered to, unless modified by conditions in this
memorandum.
1^
00003 ?
&u a ne Xon an
C ity De elopment Director
Oct . 14, M+
Date
I
uuu040
05/14/1998 02 ui RE OLUT DAVIS i iSI iVI
1 sf 2 R 0.00 0 0.00 R 0.00 PITKIN COUNTY M
RESOLUTION OF THE PLANNING AND ZONING COMN ISSION OF PMC[N
COUNTY, COLORADO, GRANTING SCENIC OVERLAY REVIEW APPROVAL
TO GEORGE S. AND LYDIA B. WHIPPLE
Resolution No. 981Z�
Attachment 16
PID # 264329100009
1. George S. and Lydia B. Whipple, hereafter "Applicants ", have applied to the Planning and Zoning
Commission of Pitkin County, Colorado. hereafbcr "Commission ", for sceatc overlay approval for a new
single - family residence that will be visible from Brush Creek Road, pursuant to Section 3 -60.40 of the
Pitkin County Land Use Code (hereafter "Code").
2. The lot is zoned AFR -10 and contains 35.8 acres.
3. Said parcel is located on the north side of Brush Creek Road, approximately 11/2 miles west of
Highway 82, and is described as Parcel 2, Drostw?ioneer Springs Ranch.
4. The Commission heard this application at a public hearing on April 14. 1998, at which time
evidence and testimony were presented with respect m the application.
5. The Commission finds that the application generally complies with the applicable sections of the
Code.
NOW, THEREFORE, BE rr RESOLVED by the Commission that it does hereby grant
Scenic Overlay approval for the Whipple residence, subject to the following conditions:
A. The applicant shall adhere to all material representations made in public hearings and in the
application.
B. The exterior of the residence shall be finished in earth tones which blend with the colors of the
natural surtounding environment Roof materials shall be non - reflective.
C. Landscaping shall be consistent with the Landscape Plan dated 10/4/97. Changes to this plans shall
be reviewed and approved by the Planning staff, prior to issuance of building permits.
,<
���D41
Resolution No. PZ -98 -_
Page 2
D. Native shrubs and grasses shall be utilized for revegetation of disturbed areas. All disturbance
caused by construction shall be revegetated no later than one growing season after completion of
construction. Existing vegetation shall be retained to the extent possible.
E. Exterior lighting and landscape lighting ,hall be prohibited on the east side of the residence, except
where necessary to comply with health and safety requirements of the Uniform Building Code. All
exterior lighting shall comply with the rcgula6ons of the Land Use Code.
F. The leach field for the septic system may be located in the west pasture area within Parcel 2 as
depicted on the Pioneer Spnngs Ranch Final PlaL
G. The top of floor at the northwest corner of the garage shall not exceed the 80 foot elevation line as
shown on the topographic survey dated 10/4197. '
NOTICE OF PUBLIC HEARING PUBLISHED IN jHE A9PFN TLMFS ON THE 14th
DAY OF MARCH, 1998.
APPROVED AND ADOPTED ON THE 14th DAY OF APRIL, 1998.
ATTEST:
Lance Clarke
Deputy Director
APPROVED AS TO FORM:
John Ely,
County Attorney
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
M rcella Larsen, Acting Char
Date 5 l4' ti$
APPROVED AS TO CONTENT:
4, is . 98
Cindy Houben,
Community Development Director
Property Owner
MICHAEL T. MULLEN
PO BOX 1287
ASPEN, CO 81612
DONNA L. GAFFNEY LIV TRUST
2091 OCEANVIEW DR.
TIERRA VERDE, FL 33715
BILL & INGRID BRAUN FAMILY TRUST
PO BOX 6998
SNOWMASS VILLAGE, CO 81615
PETER RISPOLI & DONNA DIIANNI
PO BOX 9559
ASPEN, CO 81612
DOUGLAS A. PALEY
PO BOX 11029
ASPEN, CO 81612
i;u0042
Attachment
PID #264329100009
List, 300'
CATHERINE & JOSEPH DAVID COFFEY
PO BOX 6486
SNOWMASS VILLAGE, CO 81615
PETER C. DROSTE
PO BOX 8388
ASPEN, CO 81612 -8388
ROBERT E. & KATHERINE COURSON
2882 SANDHILL RD. STE 117
MENLO PARK, CA 9402 5 -705 7
ZUKER HOUSE LLC
PO BOX 10810
ASPEN, CO 81612
ERIC B. OLIPHANT
1437 S. BOULDER AVE, STE 1250
TULSA, OK 74119
fiIN
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on March 18, 2014, the Hearing Officer
of Pitkin County granted approval for the Whipple Site Plan Review and Special Review for a TDR
Receiver Site (Determination No. 02 -2014; Case No. P005 -14). The property is located at 650
Pioneer Springs Road and is legally described as Parcel 2, Droste /Pioneer Spring Ranch. The
State Parcel Identification Number for the property is 2643 - 291 -00 -009. This site - specific
development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised
Statutes.
s5ames True
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times Weekly, on March 27, 2014.
PUBLIC NOTICE
RE: Whipple Site Plan Review and Special Review for a TDR Receiver Site
(CASE P005 -14)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 18,
2014 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the
Library Meeting Room, 102 North Mill Street, Aspen, before the Pitkin County Hearing
Officer, to consider an application submitted by George S. and Lydia B. Whipple (121
South Galena Street, Aspen, CO 81611) to attain Site Plan approval for construction of an
addition to a single family home. The property is located at 650 Pioneer Springs Road
and is legally described as Parcel 2, Droste/Pioneer Spring Ranch. The State Parcel
Identification Number for the property is 2643 - 291 -00 -009. The application is available
for public inspection in the Community Development Department, City Hall, 130 S.
Galena St., Aspen, CO 81611. For further information, contact Lance Clarke at (970)
920 -5452.
s /James True
Pitkin County Hearing Officer
Published in The Aspen Times Weekly on February 13, 2014.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least
30 days prior to the hearing with the return address of the Community Development
Department. The names and addresses shall be those on the current tax records of Pitkin
County as they appeared no more than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice (Code Section 2 -20 -100) by Posting & Mailing (previously sent
to you with your applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development Department,
130 South Galena Street, Aspen, CO (970) 920 -5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing
5. Remove the Public Notice sign within one week after hearing date
http• / /www asperpitkin com/ Portals /0 /docs /county /Como2ODev /Planni
no /Land Use Applications / ?005 14 app.pdf
County of Pitkin }
SS.
State of Colorado }
AFFIDAVIT OF NOTICE &
MAILING PURSUANT TO
PITKIN COUNTY LAND USE
�1 ll CODE SECTION 2 -20 -100
I O � � LL CO � , being or representing an
Applicant to the Pitkin County Development Depart ment, personally certify that I have complied with
the public notice requirements pursuant to Section 2 -20 -1 0 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject property,
as indicated on the attached list, on the � day of S2 , 201_ (which is3j¢ days prior to the
zj�
public hearing date of �). The names and addresses of the adjacent property owners shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the
public hearing.
2. By mailing of notice, a copy of which is attached hereto, by first -class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the _ day of , 201 (which is _ days prior
to the public hearing date of . The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the day of �pb 201 which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto. — -.
pplicant's name
fit
Signed before me this V— of� ,
201tby
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:—f 11., `- of 7
Notary Publi
l
Notary Public's Signa4de
EMILY ESSIG
Notary Public
State of Colorado
Notary ID 20094002055
%my Commission Expires Feb 11, 2017
Property Owner
MICHAEL T. MULLEN
PO BOX 1287
ASPEN, CO 81612
DONNA L. GAFFNEY LIV TRUST
2091 OCEANVIEW DR.
TIERRA VERDE, FL 33715
BILL & INGRID BRAUN FAMILY TRUST
PO BOX 6998
SNOWMASS VILLAGE, CO 81615
PETER RISPOLI & DONNA DIIANNI
PO BOX 9559
ASPEN, CO 81612
DOUGLAS A. PALEY
PO BOX 11029
ASPEN, CO 81612
0
Attachment
PID #264329100009
List, 300'
CATHERINE & JOSEPH DAVID COFFEY
PO BOX 6486
SNOWMASS VILLAGE, CO 81615
PETER C. DROSTE
PO BOX 8388
ASPEN, CO 81612 -8388
ROBERT E. & KATHERINE COURSON
2882 SANDHILL RD. STE 117
MENLO PARK, CA 94025 -7057
ZUKER HOUSE LLC
PO BOX 10810
ASPEN, CO 81612
ERIC B. OLIPHANT
1437 S. BOULDER AVE, STE 1250
TULSA, OK 74119
17
PUBLIC NOTICE
RE: Whipple Site Plan Review and Special Review for a TDR Receiver Site
(CASE P005 -14)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 18,
2014 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the
Library Meeting Room, 102 North Mill Street, Aspen, before the Pitkin County Hearing
Officer, to consider an application submitted by George S. and Lydia B. Whipple (121
South Galena Street, Aspen, CO 81611) to attain Site Plan approval for construction of an
addition to a single family home. The property is located at 650 Pioneer Springs Road
and is legally described as Parcel 2, Droste/Pioneer Spring Ranch. The State Parcel
Identification Number for the property is 2643- 291 -00 -009. The application is available
for public inspection in the Community Development Department, City Hall, 130 S.
Galena St., Aspen, CO 81611. For further information, contact Lance Clarke at (970)
920 -5452.
s /James True
Pitkin County Hearing Officer
Published in The Aspen Times Weekly on February 13, 2014.
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
January 22, 2014
John Chromy
121 South Galena Street, Suite #203
Aspen, Co 81611
Chromyl6 @gmail.com
Re: Whipple Site Plan Review and Special Review for a TDR Receiver Site
(PID 2643- 291 -00 -009; Case P005 -14)
Dear Mr. Chromy:
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.
We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on
Tuesday, March 18, 2014, at a meeting to begin at 3:00 p.m. in the Library Meeting Room, 102 North Mill
Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days
of the date of this letter. After that the agenda date will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at
the Planning Office. Please be aware that the Hearing Officer will be billed at $225 per hour.
Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to
the hearing (and remove it within one week after) and to mail notice to all property owners and mineral
estate owners within 300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department (copy of notice will be mailed to you by the
Community Development Department). The names and addresses shall be those on the current tax
records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing.
Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code
at the hearing.
If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920 -5452.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit (Code Section 2 -20 -100)
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5526 FAX (970) 920 -5439
MEMORANDUM
TO: Brush Creek Metro District
Pioneer Springs Homeowners Association
FROM: Lance Clarke, Community Development Department
Lance clarke(cspitkincount .com
RE: Whipple Site Plan Review and Special Review for a TDR Receiver Site
(PID 2643 - 291 -00 -009; Case P005 -14)
DATE: January 22, 2014
Attached for your review and comments are materials for an application submitted by
Pamela Joseph. The Pitkin County Hearing Officer will review the application on
Tuesday, March 18, 2014.
Please return your comments to me by Friday, February 28, 2014.
http / /www aspenyitkin com/ Portals /0 /docs /county /Com %2ODev /PlanninkiLand Use AP
plications/P005 14 app.pdf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie.waechtlerLa]co.pitkin.co.us or 920 -5109.
Thank you.
Name:
Project Address:
Type:
Permit Number
0005 2014.PLAN
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00035880
George S Whipple Date:4/23/2014
650 PIONEER SPRINGS RD
check # 36414
Fee Description
PP- Hearing Officer flat fee
Total:
Amount
220.00
220.00
Communitv Development
130 S Galena St
Third Floor
Aspen, CO 81611
970 - 920 -5109
To: George & Lydia Whipple
121 South Galena Street
Aspen, CO 81611
Invoice
Date: April 15, 2014
Case Number P005 -14
Austin, Peirce &Smith, P.C. !Due upon recut
Prepare for hearing; conduct hearing on
10.70 3/18/2014 Whipple Application — -
-
Make all checks payable to Pitkin County Treasurer
Thank you!
130 S Galena St Third Floor Aspen, CO 81611
PITKINC3UNTY COMMUNITY DEVEL.3PMENT
Permit Receipt
RECEIPT NUMBER 00035311
Name: Geoarge S Whipple Date:1/15/2014
Project Address: 650 PIONEER SPRINGS RD
Type: check #36024
Permit Number Fee Description
0005.2014.PLAN PP- Flat Fee
0005.2014.PLAN PP- Public Notice Fee
Amount
2,808.00
54.00
Total: 2,862.00
FOR MINOR CLOSET ADDITION
DISCLAIMER
DROSTE/PIONEER SPRINGS RANCH-UNPLATTED APPLICANT ACKNOWLEDGES THAT HE /SHE HAS BEEN INFORMED BY PITKIN
COUNTY OF THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT
MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND
2 A �A PARCEL 2 OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY
LOT
REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE
OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS, OR THAT
— —' — —" APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY
PROPERTY.
. ' '•'.'• OWNER /APPLICANT:
O HIP LE
o
`� (o ........,.. 10' UTILITY OWNER /APPLICANT:
o LYDIA B. WHIPPLE
• M ; ; ;; EASEMENT
N 79.39,28„ W - _ _ PITKIN COUNTY HEARING OFFICER
• • `. __ -- THIS SITE PLAN HAS BEEN REVIEWED AND APPROVED )
\ BY THE PITKIN COUNTY HEARING OFFICER THIS LP DAY OF i , 2014,
/ I M 16S•70, SUBJECT TO COMMUNITY DEVELOPMENT DEPARTMENT
Parcel 3 ; ; RECEPTION NO. ADMINISTRATIVE DECI I C5. 2014. RECORDED AS
EXISTING .......
/ PROPERTY \ 2
LINE .. ACTIVITY . • • • • • . • . • . • . • . p PIT N COUNTY HEARING OFFICER
.Qty N®
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ACCEPTANCE FOR RECORDING
EASEMENT .'. \ THIS SITE PLAN / ACTIVITY ENVELOPE PLAN HAS BEEN ACCEPTED FOR FILLING IN
::.
THE OFFICE OF •\
`S's . . .'� _ EXISTING COLORADO, AT T K O'CLOCK, E M THIS E DAY OF 2014 N STATE
. .... .. ... ...............
\ P RECEPTION N MBE `
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\ j
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p
I I po' ; PLAT BK 106 PG 93
i • • • • PROPOSED
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• ADDITION
& UTILITY. SUBDIVISION: DROSTE / PIONEER SPRINGS RANCH - UNPLATED
PROPERTY EASEMENT
t LINE --� s ;. ; EXISTING;: �\ �� LOT: 2 AKA PARCEL 2
�.
\ \ 1 \s11r, POOL
� \ Parcel 4 Parcel Z _ •'•"��"•''' PiD # 264329100009
W, 35.922 Acres
Oct 14
\ Parcel 1
1100 PROPERTY
so ACCESS ` LINE EXISTING
& UTILITY
� \\ \iG EASEMENT \ ` ••.• •
\ . PUMP
UTILITY `
,,w / EMENT ROOM
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EXISTING\ \ \ `•' •
\ ` 'i(0 SARN.� \ Y� +"^.. � ,_ I UTILITY \`
,,,f '• TI ,
\ ` � / CORRAL �� EXISTING " • •+.. _ "_'•^ "'� I EASEMENT ..... .
� � 111 DANE � � � ,� ' TO BASALT
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EXISTING RESIDENCE = �, ...'. '.. -- EASEMENT EXISTING
1
PASTURE PROPOSED E,� Z
I ADDITION d�� ; ; ; ; ; ; ; ;; ACTIVITY •
Ln
•3` EWSTtV(, 1 \% r EXISTING �� \ s' •.'.'.'.'..'.' ENVELOPE �.
I \
EXISTING ACTIVITY
V I I PUMPNOUSE ENVELOPE EXISTING \t • • • • • • • �g
.�. I%. PASTURE
\ / _ • ! . ,,.. Site Benchmark
•?+•
o s'.9J. A ► '••'• r 0'
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..•��
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01
/�
• , \ .... • i..�"" • �",�•. f7
Parcel 5 o or, ' TO SNOWMASS
I ( ASPEN
PROPERTY AIRPORT
IV ACCESS I ( I PROPERTY Parcel 1 .. LINE 5
& UTILITY / ' . ' ' ' '
LINE
EASEMENT J I �� `` \ .' '...•. N
.` �l
/ 1 Parcel 6 ' ' '
N! o ;: ;: ;:.: ;:
0
+. ( �1 N • :' :': ': :.. TO ASPEN
Parcel SCALE : 1 " = 30'
30' 0 30' 60'
SITE PLAN .......
SCALE : 1" = 200'
200' 0 200' 400'