Loading...
HomeMy WebLinkAboutpitkin.planning.264511101001 (2014)DOCUMENT 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) RECEPTION#: 614770,10/2312014 at 08:49:06 AM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE RSS LIVING TRUST MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No.4L-2014 RECITALS 1. RSS Living Trust, through Ryan Scott Steelberg (hereafter referred to as "Applicant") has applied to Pitkin County Community Development Director ("Director') for a Minor Amendment to a Development Permit to eliminate Covenant 2.9.11 of the 2002 Growth Management Quota Systems (GMQS) Covenants recorded at Reception No. 519366. This covenant required, among other requirements, construction of solar voltaic hot water panels as part of approval for additional floor area on the property. 2. The Lot is located off Snowmass Creek Road at the intersection of Watson Divide Road: 3500 Snowmass Creek Road. The lot is legally described as Lot 1 of the BOCC approved Lind Koppel Subdivision. PID # 264511101001. 3. The Lot is zoned RS -30 and contains approximately 75 acres. 4. The Lot is subject to a subdivision conceptual submission and 1041 Hazard Review approved pursuant do BOCC Resolution 89-74 (Book 599 Page 31, Rec. No. 313955). The final subdivision plat and requirement for a deed restricted Employee Dwelling Unit (EDU) was approved pursuant to BOCC Resolution 89-128 recorded in Book 613 at Page 432 (Rec. No. 319792). Such final subdivision plat was recorded in Plat Book 24 at Page 11. The requirement for a deed restricted EDU was subsequently eliminated and the Applicant has paid an in -lieu affordable housing mitigation fee. Approval for a Major Plat Amendment for an access realignment and expansion of a previously approved building envelope was recorded as BOCC Resolution 97-166 (Rec. No. 412813). This Resolution re-established the residential building envelope in the southeastern portion of the subject parcel. The amended plat for the Lot was recorded in Plat Book 76 at Page 33. Pursuant to BOCC Resolution 98-98 (Rec. No. 417806), the applicant gained approval to demolish an existing EDU and reconstruct a new unit to live in while they constructed their main residence. In 2002, the applicant successfully competed in the Planning and Zoning Commission Rural GMQS competition for additional floor area. The applicant was allotted an additional 5,500 square feet of floor area pursuant to BOCC Resolution 081-2002 (Rec. No. 468085). Commitments made in the GMQS application were recorded in covenant form under Reception No. 519366. The parcel then received 1041 Hazard Review and Special Review for a CDU approval pursuant to Hearing Officer Determination No. 08-2006 (Rec. No. 521850). The 1041 Hazard Review site plan was not recorded for that approval. An error existed in Hearing Officer Determination No. 08-2006 regarding vesting dates for property rights. Staff correctly amended this Determination through Administrative Decision No. 01-2009 to reflect a vesting date that expired on February 28, 2009. The parcel received Site Plan approval pursuant to Hearing Officer Determination No. 2-2009 (Rec. No. 556325) for grading and other site work. The approved site plans were recorded in Plat Book Administrative Decision No—qr—?01d Page I of 3 90 at Pages 42, 43, and 44, and a Second Amended Plat for the Lot was recorded in Plat Book 90 at Page 40. The Lot attained a 5 year extension of vested rights for this property Pursuant to BOCC Resolution No. 011-2011 (Reception No. 571096). The Development Agreement associated with these rights was recorded at (Reception No. 580244). The Lot was approved for a Minor Amendment to a Development Permit to allow wildlife friendly perimeter fencing pursuant to Administrative Decision No. 36-2010 (Reception No. 571755). The Decision necessitated an amendment to the Subdivision Covenants and the Subdivision Improvements Agreements. The amendment to the Covenants was recorded at Reception No. 580245. The amendment to the Covenants which addresses fencing takes the place of the fencing requirement in the Subdivision Improvements Agreement, therefore it is not necessary to amend the Subdivision Improvements Agreement. Most recently, a Minor Amendment to a Development Permit was approved amend the previous site plan and plats for the Lind Koppel Subdivision for the purpose of changing Activity Envelopes and the "Restricted Wildlife Area". This amendment was approved pursuant to Administrative Decision No. 54-2012 (Reception No. 591063). The amended plats were recorded at B100 P55-57. 5. The Director finds that the Applicant has argued that pursuant to the scoring of the GMQS Allotments, multiple commitments were offered under the "Energy and Water Conservation/Waste Water Reuse" section of the application and that, construction of solar voltaic hot water panels was one of twelve (12) commitments made under this section and that, the Applicant at the time, scored 1.75 points under this section. 6. The Director further finds, that the Applicant's argument further states that even if the solar voltaic hot water panels were not offered as a commitment and a score of one (1) had resulted, the overall GMQS score would still have met threshold and scored higher than the other losing GMQS applications for that year and that, the floor area allotment would have been awarded. The Director further finds that pursuant to Section 2-20-150(b), the request to eliminate Covenant 2.9.11 of the 2002 GMQS Covenants recorded at Reception No. 519366 is consistent with previous actions taken during the 2002 GMQS scoring, is consistent with the Land Use Code, and can be approved. APPROVED by the Director, subject to the following conditions: 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. Prior to Certificate of Occupancy for the residence, the Applicant shall amend the 2002 GMQS Covenants recorded at Reception No. 519366 to eliminate Covenant 2.9.11 of document. 3. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Admonstranee Decision No. 7r 2014 Page 2 of 3 APPROVED AND ADOPTED this_( Itilay of Cl 2014. APPROVED AS TO CONTENT: n VAT mdy Houben, Community Development Director PID# 273512101004 P084-14 Administraiioe Decision No. 4 2014 Page 3 of 3 Davis Horn - PLANNING & REAL ESTATE CONSULTING September 23, 2014 Mike Kraemer Pitkin County Community Development Department 130 S. Galena Street Aspen, CO. 81611 RE: Minor Amendment to a Development Permit for Lind -Koppel Subdivision Lot 1 at 3500 Snowmass Creek Road; Parcel ID # 2645-111-01-001 Dear Mike: Davis Horn Incorporated represents Ryan Scott Steelberg, Trustee of the RSS Living Trust, owner of Lot 1, Lind -Koppel Subdivision and the Applicant in this land use request. The 75.65 acre subject property was formerly owned by Marta Chaikovska and Frank Peters who were the applicants at the time of the 2002 Growth Management competition when a residential GMQS allotment was granted for the property. A vicinity map with the property's location in the Snowmass Creek Valley is shown in Attachment 1. This land use application is addressed under the following headings: Proposed Minor Amendment, Land Use Request and Summary. Proposed Minor Amendment The Applicant has built a home on the subject property in accordance with Pitkin County GMQS approvals and is awaiting a Certificate of Occupancy (CO) for the home. Prior to issuance of the CO, the Building Department is requiring this minor amendment to the GMQS approval to clear up an issue regarding the required hot water solar voltaic system. The Applicant is therefore proposing to amend the approved 2002 application for the GMQS residential allotment and the Lind -Koppel Subdivision protective covenants that memorialized the conditions of that GMQS approval. The proposed minor amendment is to eliminate the requirement for a solar voltaic hot water system or solar thermal system as the applicant has installed an efficient hot water system that is not a solar system. Atter reviewing the relevant GMQS scores and commitments for the property in the pertinent Section D, Energy and Water Conservation/Waste Water Reuse section, reviewing the Staffs GMQS competition recommended scoring memorandum and reviewing the Protective Coveants documenting the applicant's commitments, everything completed on the site meets or exceeds the commitments with this one exception regarding the solar hot water system. The hot water system installed is not a solar voltaic system or solar thermal system. ALICE DAVIS AICP I GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 00000 1 \ (� L— adavis@rof.nef ghorn@rof.nef The subject property's score given by the P&Z and the Staff memorandum in the Energy and Water Conservation/Waste Water Reuse category was based upon many energy efficient commitments and features beyond the solar hot water system. Other desirable features in this category which were provided in the new home relate to solar orientation, high performance window and glass, roof overhangs and porches which limit summertime solar gain and maximize wintertime solar gain, super insulation that exceeds Code requirements, chimney ventilation, exceeding the standards of the Built Green Colorado checklist, an 85% efficient boiler system for radiant heat, non -off gassing paints and stains, the use of certified environmental woods and recycled woods, grey water filtration and irrigation system, and excavated soils reused. Several of these features when built or installed actually provided greater benefits than that proposed in the GMQS competition. For example, increased benefits were realized with the windows and glass, ventilation, lighting, and a 95% (instead of 85% proposed) efficient boiler. The Applicant submits that the Energy and Water Conservation/Waste Water Reuse criteria in the scoring process would not have changed the scoring at all, given the other energy features installed, the upgraded, more efficient features added since the competition and the efficient hot water system installed. The Applicant believes the GMQS allotment would still have been awarded. However, for your information, the following is an evaluation of the scoring and competition if the score is reduced with the elimination of the solar hot water system. There were 8 projects that won a GMQS allotment in the 2002 competition. The subject project "Ot14.0 was given 56 points. If that is reduced to 54.5 reflecting an average score (1) for Energy 44 -if- SC°V-0 Conservation instead of an above average score (1.75), the total points would be reduced to 54.5 y1M4Y w • after applying the multiplier (2). The project would still be one of the top eight projects and would still win an allotment. The total score would still be higher than the three losing projects which had scores of 51.25, 46.75 and 46. At 54.5, the minimum overall GMQS threshold of 48 points is still met and the threshold for the Energy/Conservation category (5) is still far exceeded with 14 points. This is the worst case scenario. Again, with the other energy features committed and built and even enhanced beyond what was committed, the Energy/Conservation score without the solar hot water system may have stayed the same and not been reduced. Please refer to Attachment 2, the 2002 Rural Residential GMQS Scores in Resolution No PZ -03- 2002; Attachment 3, the Staff memorandum recommending scoring for the GMQS competition for the 2002 Rural Area Growth Management referred to as Attachment A; Attachment 4, the score card from the 2002 GMQS competition, Attachment 5, the Protective Covenants and Additional Protective Covenants in association with the subject property's GMQS allotment and Attachment 6, the proposed Second Amended Protective Covenants. The proposed Covenants eliminate Section 2.9. 11 Hot Water which reads "The free market residential dwelling unit on the Property will incorporate a solar voltaic hot water system." The proposed amendment to the scoring and the Covenants should be approved due to the minimal impact on GMQS scoring and since the change would not change the end result of the allotments granted in this 2002 Rural Area GMQS competition. The Applicant is also requesting approval for the Second Amended Protective Covenants for Lot 1 Lind -Koppel Subdivision. -1- 000002 EXISTING CONDITIONSBACKGROUND The property contains 75.65 acres and is located at 3500 Snowmass Creek Road. A new home has recently been built and is awaiting a Certificate of Occupancy. The property is zoned RS -30. The property obtained a Rural Residential Growth Management System (GMQS) allotment for 5,500 additional square feet of floor area beyond the base of 5,750 square feet of floor area. The Snowmass Creek Valley was down zoned to a maximum of 8,250 square feet of floor area so the entire approved 11,250 square foot home could not be built. The new home has less than the allowed 8,250 square feet of floor area with approximately 6,700 square feet. The owner is awaiting a CO and the building department is requiring this clarification regarding the solar voltaic hot water system prior to issuance of the CO. LAND USE REQUESTS A pre -application conference summary is found in Attachment 5. As required in the summary, the following section of the Pitkin County Land Use Code will be addressed. Section 2-120-150 (b) Minor Amendment to a Development Permit; A minor amendment to a development permit application must meet the following criteria found in Section 2-120-150(b) of the Code, as determined by the Community Development Director. The Land Use Code language is given in bold and the Applicant's response follows. 1) Consistent with actions taken during previous development approvals for the property; and 2) Does not change the use of the proposed development between residential, commercial and tourist accommodations uses; and 3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and 4) Does not constitute a new land development activity; and 5) Does not increase off-site impacts in the surrounding neighborhood; and 6) Does not endanger the public health, safety or welfare; and 7) Does not violate any Land Use Code standards; and 8) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 9) Does not increase the floor area of the use by more than five percent or decrease the open space on the site by more than five percent. The proposed amendment to modify the commitment for the solar voltaic hot water system to allow a different, 95% efficient hot water system meets the above criteria for a Minor Amendment to a Development Permit. The different hot water system would not change the GMQS scoring of the project and even if it did reduce the scoring by'/4 or 1 point, the end results would be the same. The subject project would still out score the competitors and would still -3- 000003 have won the competition with 1 or 3/4 less total points. The amendment is therefore consistent with the original approval. None of the other criteria are applicable as the residential use is not changed, the basic character is the same, there is no new development activity, it does not endanger the public in any way, nor does it violate the Land Use Code Standards, increase parking, utility or affordable housing impacts, increase floor area or decrease open space. The criteria for a minor amendment to a development permit as met. We therefore request approval for the Minor Amendment to a Development Permit so that the approval and covenants can be changed to eliminate the requirement for a solar voltaic hot water system. SUMMARY The Applicant owns a 75.65 acre property with a newly completed home. A Certificate of Occupancy for the new home is contingent upon the Applicant receiving this Minor Amendment to a Development Permit to eliminate the GMQS commitment to install a solar voltaic hot water system. A different hot water system was installed in the home. Other commitments under the pertinent GMQS scoring category, Energy and Water Conservation/ Waste Water Reuse category (including window glass, lighting, ventilation, energy recovery) are more efficient than originally proposed and exceed what was committed to for the project. An evaluation of the scoring shows that the subject's scoring, even if reduced by up to 1 point, would not reduce the total score to where the end result would change. The project would still receive the GMQS allotment with a score 1 point lower. The proposed minor amendment has been shown to meet the criteria for a Minor Amendment to a Development Permit pursuant to the Pitkin County Land Use Code. The Applicant therefore requests approval for this land use review which would include amendment to the Protective Covenants for Lind -Koppel Subdivision Lot 1 to eliminate the required solar voltaic hot water system. The following attachments are included with this application: Attachment 1: Vicinity Map; Attachment 2: Resolution PZ -03-2002 with the 2002 Rural Residential GMQS Scores; Attachment 3: Rural Area Residential Growth Management Competition for Additional Floor Area: Staff s Recommended Scoring (Titled Attachment A); Attachment 4: Pitkin County Rural Area Residential GMQS Allocation Tally Sheet for the Subject Property, Lind -Koppel Subdivision Lot 1 (formerly Chaikovsky/Peters; Final Scoring Round) Attachment 5: Protective Covenants and Amended Protected Covenants in Association with the Pitkin County 2002 Rural Area Residential Growth Management Quota System Allotment Awarded to Lot 1, Lind -Koppel Subdivision; -4- 000004 Attachment 6: Proposed Second Amended Protection Covenants for the Lind -Koppel Subdivision Lot 1 in Association with the 2002 GMQS Allotment; Attachment 7: Pre -application Conference Summary; Attachment 8: Authorization Letter; Attachment 9: Signed Fee Agreement; and Attachment 10 Proof of Ownership (Special Warranty Deed). A check for the required application fee is also included with this application. Please call if you have any questions or concerns. Sincerely, DAVIS HORN INCORPORATED nL GLENN HORN AICP -5- 0OU"005 Bile� jI�-- - , I a AlGad •,I / I. I I' s$' ys ,a"J.— l (f,�1. \ IORIMYRY MI ] P,F 1 &f- I I ul La - I to I. 11 3: �B3u I Gu\• �, e4 / s y » N,• u I lz� sanoVar 0 q Io. - + _ - - - -Hach �Kt 1 putt �aag>�? ii. it v.J� Vs x' /� 11 • � , le � I Creek ' , e,L ��... _ �. ' u i za — - s,>r•�e M411a , + V i� inr'h/ MAP —'--- r•*May.+r a �!� -,I.y --�'i •I.0 sm ' q gp .� I , a � =a mi n 1 � I�p•} xif tl`1{•� w xv, �`\ ' '� z., • za �ae rs _ F •i R] i- R' ,4 u z6 25 xe D!D� v c ' Creek2. 1 17 nad I,F :. Cree s�. �T I ! $1a5� Point ... PIe Gavin Gall��- �(�-_T� 32� 3�. J• /Js 36 rr L 3x 33` ` 35 Srie l 32 3D- ]•- WOODY 881d 1\ / A 1 11092AKnob / ro°i Eagle I �; i U , \ fo r I ; % 'I�_ 21941 a. )o 'Mtn r t + - . Mr Tiy-- ^^-•C"' .�N7' r 9937 , \ - 3 I I 1 '1 l•Y..� \ 1 01 D /Sn6w Ogg 18924 ' . , • r" �✓ - _ i -.a H I !•'#i: i imp .r ,,.., •yY'a.'' m'eRdr / nU1-ERMIL.Y/q/ _ A SNOr'Yfr"A>(IS Alarolf-17EHACK (v i/• I I II R d Tawr !S9Q s I xo u I i - •Gad' ?F a..j 32 \ 1 7 a IRes s I 7- �io II k 1 ! :• t I welles---mss 31 / '4 pl•\F �k¢. �r ASPEN .k i / `"\�{/ kc Ir. I, to 1 !;/ rGHLAN 6_� 11 �1P I>, zfi \\\J ; /z1a 1 x� as li a -rzs l / a !I� $4025 is I 11 0 FF. • t� za •••It.( M[n•?%:•� I f/'. I 1 Yn xl I •. { •tt3e5 ••!' -' �' II. I r " f'i Lakes•I•'r k zp.� tz �zz j z]xx f zJ,�O oz• l` I 4 Z tl I!� 1 I jE F. w,43t I I --ir`d I - 4 •w �a r � ..+\ Y I --t ,i. I +- xtis1� I1I xe"Baldy ..21 i" 3. 1 2 F zz I 4b na ♦5\�_`i .r1.� i•+- a . 1I WARRE. N 1�I 1195L 31 LVER9AP0 1ji5_I __.._.. I----I'SILVER LLioles Pk Arm- l�{a!/•Q r t �.p FFlCUL7 CG'• 1 1 i •32 13142 I ( I 3s I J I,�r I 'SCG 33 � a1 I se Basirle /d`/` o x �y 3 BM B02 314 a 3, Jyz— 1 3! v... a9erts Lake_+•:... I 4 i I_ I o _I la•_ ---I Highland_- —i 1i w Pk t• I R I I ( ] /SlLVER03G�>//:�- a�: I I ]L\ '- \Vx BI/CItSKI4z, `t--_� 1'•� 7EAST MAROON OJ i ':: I—it—�.;.;5. - — — I•.� 133]01' )afj0i�,-• .I I dJt' lTRAILHEJ�D I to 1S II .9.x It rg.:a .`t?:\ aa,, Is sr�4Cj`�� Pain xtkrjAR ,r•I :: _I- ;- '. _hi<:i:3 I -Z �J Pezd I I _^aaazYYYy���Reee/1 •�Y'4 � �Ducks x^ PCG O 1245) \� I n'i azoon I9 .• v to a I I L�O'q. i.,: ,fN iz o., x• ,t!/k;ttLuke k I _I- 1 ___I-_ •C+A is I u 4 I u .11916 /G+R4•'• I--- 1----'- --'- __- ��-I-\llsls'. Fit k ♦ V I AQo, �O �- • CYlel I F I GI `; 1 _� 'I O� I \ Ch yO\ IS lake 1. Is I ]o I zt / zz ]a I z. n x t aQ i e z3 xa 1 I I/ I I ♦ I 1 .. aR A_- d FG Maroon Pyramil-</ I-_-_rVIP- \ /1581 Balls f,•i�14014B Pk i ti2)B9 \ II; I ( .:/�J I to _ J. .zx 2. 1 zs I _ :7 l z6 I zI zx \ 21 (_ zs a 1 I F I c I I I BrYln _G /� I Mazda Pk +'. ..McArthur 7 w —x135I ravnez ',7Mtn I I J— �_ — t-tC�-t i_ (r�,I •. I �' I I Am eLake / -.� C1� B. _ .,r^ - - - Iz 139 _ _ I Frigid a 11 �'� I ��r Hunter / I I I I AjIoR: It 'S'z, I + I Air I } n 3z Pk n as 39 ae\ : •i C - 3J n /•.°j I. I/1 I 1349) } I I Eleetr,c / 1 1 1 y a]:£ r'0/ a+''GHfldl ;3•-.~,•.: a lm\Paes ' I r Ir I I _ I - f: I Pau r ii a 11 O.1., IBeuevlEw I I �-t-F -(-- - - 4=-- - ♦ _'_ Axne.orc @x' �yy �3Mtrrl —A'�, / �w -__I ♦ I - I I {'- -,� 'M,n - `t --j - �';s i``•�� t I 1 a , If a I•t/ I 1/ 1 1 3 I z I ,$ + •,M 1/ •M I 4 - - V1/eat'--I-___ ____ 1 I r. Cathedral1 I i"3- I) Iteefa Pk S 17942-"��1� s 3 `F k MBeon I I /� IL __-1351B.i a�. J-_1__Pk IY -Cey ,4ws�; 9/'..' I 4 1 1 ,t I ,z0, i/ I-- I I _I 'vCafk.•dm%j: - f b f;. _ O1 •:�.__I_ 1 I a I o1. 1 w I .wt; Luke I 1 • .f iii, GO:: _/_ - = �: _ _^._ _ q I 1 I MaBaw1M{• I a / v. • xM Ta for Pass 1 J I a4il•' ..,Pest •} �t� i Oar. YI 1 BasN::j f�.•Past _ I w 11619 " I — E13-- ---- -- "Y. 13345 •1 t u , 1 11350 Eaatr I 1 /Conundrum }i,:::;:$:•:!zza �. �I, Tavlox6:!•.:-... if' •L-."Bellevlevi I Maroon/ / Nnl Son W{. I �r Pass \/o I n e 147 5 PB ,+::y',ly�l �• i i }.' ''.. dLc____�1".�`ti .c��JJ'�•f'o 00 r.n.m.L •I, _c`��I`copi il___ I _�_ •%_ I r1p`F tl\ i - AJUL�o ,,�,r .�► t RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, • COLORADO, FORWARDING THE 2002 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM SCORES TO THE BOARD OF COUNTY COMMISSIONERS Resolution No. PZ -D-.2002 • • RECITALS 1. On April 2, 2002, and April 9, 2002, the Planning and Zoning Commission ("Commission") held a duly noticed public hearing at which time evidence and testimony was presented with respect to Growth Management Quota System (GMQS) applications. 2. The Commission reviewed the following applications for the 2002 Rural Area Residential GMQS competition for additional square footage: • Tagert Lakes Holdings LLC: requesting 11,539 square feet of floor area. • Rivers Family Trust: requesting 5,000 square feet of floor area. • Bankcenter One Partnership: requesting 3,250 square feet of floor area. • Ho: requesting 1,550 square feet of floor area. • Leiner: requesting 5,500 square feet of floor area • Chaikovska/Peters: requesting 5,500 square feet of floor area. Lazy O Ranch Ltd. Partnership: requesting 8,500 square feet of floor area • Mamm Creek Properties, Wieben Ranch Lot 1: requesting 7,000 square feet of floor area. • Mamm Creek Properties, Wieben Ranch Lot 2: requesting 1,750 square feet of floor area. Mamm Creek Properties, Wieben Ranch Lot 5: requesting 7,000 square feet of floor area. • Mamm Creek Properties, Wieben Ranch Lot 6: requesting 7,000 square feet of floor area. • Mamm Creek Properties, Wieben Ranch Lot 7: requesting 7,000 square feet of floor area. 4. There are 40,000 square feet of additional floor area available in the Rural Area. 5. The Commission gave the following scores to each of the applications: Tagert Lakes Holdings LLC: 54.75 points -9 Rivers Family Trust: 60.00 points ?� ✓� Bankcenter One Partnership: • Ho: -If Leiner: J' Chaikovska/Peters: Lazy O Ranch Partnership: Mamm Creek Properties, Wieben Lot 1: ✓• Mamm Creek Properties, Wieben Lot 2: • Mamm Creek Properties, Wieben Lot 5: • Mamm Creek Properties, Wieben Lot 6: L/ Mamm Creek Properties, Wieben Lot 7: J J b 57.50 points y 46.D0 points 60.50 points L 56.00 points S 55.25 points -7 55.75 points( 59.7.5 points 3 46.75 ,points 5l 25 points 54.75 points S4( IIII;I IDAVIS IIIPI I�I VIIIVIII CO III VIII II I IIII a 46eBD 05aoz:51F 4x• p3 -a00 -;1 -- Ho and Mamm Creek, Wieben Lot 5 did not meet the minimum threshold score of 48 points. Each of the • remaining applications achieved the minimum threshold score and also achieved the minimum threshold score for each scoring category, as evidenced in the attached score sheets. Tagert Lakes and Mamm Creek, Wieben Ranch Lot 7 achieved the same score of $4.75. The Tagcrt Lakes application was withdrawn by the Applicant and therefore defaulted the remaining allotment of 3,500 squae feet to Mamm Creek, Wieben Ranch Lot 7. NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2002 Rural Area GMQS scores for additional square footage to the Board of County Commissioners and recommends that the BOCC grant the following allotments: • Rivers Family Trust: 5,000 square feet of floor area. • Bankcenter One Partnership: 3,250 square feet of floor area. • Leiner: 5,500 square feet of floor area. • Chaikovska/Peters: 5,500 square feet of floor area. • Lazy O Ranch Ltd. Partnership: 8,500 square feet of floor area. • Mamm Creek Properties, Wieben Ranch Lot 1: 7,000 square feet of floor area. • Mamm Creek Properties, Wieben Ranch Lot 2: 1,750 square feet of floor area • Mamm Creek Properties, Wieben Ranch Lot 7: 3,500 square feet of floor area. APPROVED AND ADOPTED ON THE 9th day of April, 2002. • PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO Date ATTEST: Ak Lance Clarke Deputy Director APPROVED AS TO FORM: APPROVED AS TO CONTENT: _l Cid John Ely Cint y ouben Co orney I'N Community Development Director • DAVIS �Ir81IlIIIII��I�II���IIIIIIIIIIIIIIIIII�I 4 QQ: 2 (r7 24 N COVNtr CO R 0.0 (r.@ 05/0a/2082 02:511 0 n 0.08 UUL''./c..l 00000'3 A'K0CVW4nt 3 ATTACHMENT A RURAL AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION FOR ADDITIONAL FLOOR AREA STAFF'S RECOMMENDED SCORING NAME OF PROJECT: Marta Chaikovska and Frank Peters (Lind -Koppel Subdivision Lot 1) DATE: 4/2/01 9.120-032 Availability and Approprlateno" of Public and Pdvate Fracllydos and TF 9.120-032 The Planning and Zoning Commission shall consider each application's impact upon public facilities and services and rate each development by assigning points according to the following system (minimum threshold score five (5) points; maximum score ten (10) points); no multiplier): Score of 0 - Indicates one of the following: a) total impracticality of providing services due to availability, quality, distance or route, and/or the development is detrimental to the existing level of service in the area; or b) the introduction of public or private facilities and/or urban services is likely to result in a fundamental chrnge to the community character of the area and/or a fundamental change in the type of historical use of the property; or c) the introduction of public or private facilities and/or urban services is likely to result in a detriment to the environmental condition of the property or adjacent properties. Score of I - Indicates all of the following: a) an acceptable level and type of service meeting the needs of the development and standards of the Code; b) the provision of services will not fundamentally change the character of the area in which the proposed development is located; and c) the provision of the services will not result in a significant detriment to the environmental condition of the property or adjacent properties. Score of 2 - Indicates a level and type of service meeting the needs of the development based on the requirements of the Code and helping to satisfy an existing need of the surrounding area. Also indicates that the provision of services will not change the character of the area in which the development is located or detrimentally affect the environmental condition of the property or adjacent properties. A. Water Service (0-2 points): Capacity, quality and reliability of the water system proposed to serve a development; 2. The demonstration of adjudicated water rights to serve the development; and 3. The capability to attain any necessary water through an augmentation plan. Maximum Score 2 Score: I 1 i1 "Lind-Koppel Subdivision Lot 7 GMQS Scoring April Z 2002 Staff finds that a score of 2 is not appropriate, since the proposed water service will not help to satisfy an existing need of the surrounding area. B. Sewer (0-2 points): The type and capability of the sewage disposal system proposed to meet the needs of a development and to dispose of wastes without impact on water quality and in a reliable manner. Maximum Score 2 Score: 1 the C. Storm Drainage (0-2 points): 1. The degree to which an applicant proposes to maintain historic runoff patterns and to retain the surface water resulting from development on-site. 2. If a development requires use of the County's drainage system, considering the commitment of an applicant to install necessary drainage control facilities and to maintain the system on a long term basis. Maximum Score 2 Score: 1 COMMENT: current commi D. Fire Protection (0-2 points): 1. Capability of the appropriate Fire Protection District to provide fire protection according to established response standards without establishing a new station, adding equipment or personnel, or making capital improvements; 2. The adequacy of water pressure and capacity for providing fire -fighting flows; 3. The commitment of an applicant to provide fire protection facilities necessitated by a development, including, but not limited to, fire hydrants, water storage tanks, ponds and distribution links; 0000104 4. Lind -Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 4. The capability of the Fire District to provide adequate service based upon site design of a development and reliability of the proposed water system. 5. The capability of a development to be a self-sufficient fire protection system in the event response times from the fire district are too slow to protect a development. Maximum Score 2 Score: 2 turning room for a fire truck to enable a truck to exit the property swiftly in the event of a subsequent tire at another location. located within a building or development envelope. E. Road System (0-2 points): I . Capability of the public road network to provide for the needs of a proposed development within acceptable levels of safety and design, as defined by the Pitkin County Road Management & Maintenance Plan; 2. Capability of the public road network to provide for the needs of the proposed development without exceeding the capacity of the existing road network, as defined by the County Engineer. 3. Applicants commitments to finance necessary road system improvements attributable to a proposed development; and 4. Ability to perform any necessary road improvements without resulting in a fundamental change in the character of the area or neighborhood in which the development is proposed. Maximum Score 2 Score: 1 ®OU- J11 Lind -Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 for Snowmass Creek Road for the entire length of the Subdivision. Figure 3 in the application, shows the existing edge of the pavement of Snowmass Creek Road in relation to the 10 -foot wide easement that the Developer granted to Pitkin County. It shows that significant portions of Snowmass Creek and Watson Divide roads are constructed outside of the right-of-way within the Lind -Koppel Subdivision Lot 1. The recent improvements to Snowmass Creek Road are outside of the County right-of-way and are located on the Applicant's property. The Applicant was never compensated for the use of the land for the County road system. The Applicant commits to dedicate additional rightof-way to insure that all portions of Snowmass Creek and Watson Divide Roads that front on Lot 1 are within the County rightof-way. Staff finds that a score of 2 is not appropriate, since the Applicants have not demonstrated additional mitigation to satisfy an existing need of the surrounding area. AVAILABILITYAND APPROPRIATENESS OF PUBLIC AND PRIVATE FACILITIES & SERVICES (Minimum Threshold Score - 5 points) Subtotal 6 9.120.033 Effect on the Environment and Resource Conservation The Planning and Zoning Commission shall consider each application's environmental impacts and resource conservation measures and rate each development by assigning points according to the following system (minimum threshold score five (5) points; maximum score ten (10) points; multiplier of two (2)): Score of 0 - Indicates adverse environmental impacts due to an applicant's unwillingness or inability to mitigate impacts or inadequate mitigation measures proposed by an applicant; Score of 1- Indicates no adverse environmental impacts or an applicant's complete mitigation of impacts or a development exceeding the standards of the Land Use Code. Score of 2 - Indicates an improvement or enhancement of the existing environment by the applicant. A. Air Pollution (0-2 points): The effect of the development on the community's air quality, including but not limited to whether: I . Fewer or cleaner woodburning devices than allowed by law will be installed; 2. Existing dirty burning devices will be removed or replaced by cleaner burning devices; 3. Dust prevention measures are employed on the unpaved areas; 4. Any special emission control devices are used; 5. Development proposed utilizes and/or promotes in design and location the use of public mass transit or other non -vehicular transportation; 6. Mitigation of PM10. Maximum Score 2 Score: 2 x2=4 KUM "°Lind -Koppel Subdivision Lot 7 GMQS Scoring April Z 2002 Applicant commits to install one clean wood -burning device which will incorporate an after burner to reduce emissions below EPA clean -burning standards. The driveway serving the deed -restricted dwelling unit on Lot I will be treated with an environmentally friendly dust retardant. Following completion of both dwelling Staff finds that a score of 2 is appropriate, since the Applicants has committed to additional mitigation. B. Water Resources (0-2 points): 1. Extent to which the project will impact surface, groundwater and irrigation supply; and 2. Extent to which the project commits to maintain existing surface, groundwater and irrigation supply for domestic uses, wildlife uses, vegetation uses and agricultural uses. Maximum Score 2 Score: 1 x2=2 COMMENT: During the land use review process, the Developer established a physical and legal water table and maintaining ground water resources. unable to to C. Hazards and Site Disturbance/Environmental Impact (0-2 points): A proposed development is free from man-made hazards; 2. A proposed development completely avoids development within one -hundred year floodplain hazard areas; high hazard avalanche zones; landslide areas; 30% slopes; rock fall hazard areas; and severe wildfire areas; 3. A proposed development commits to preserve or enhance natural vegetation and terrain on the site and to revegetate disturbed areas with native vegetation; v. -Lt -vqa 033013 `"Lind -Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 4. A proposed development commits to minimize the area of disturbance by limiting the size of the building envelope(s), road/driveway cuts, etc.; and 5. A development commits to weed management. Maximum Score 2 Score: 1 x 2= 2 COMMENT: The Subdivision was planned to avoid all significant hazard areas including steep slopes, Y to was eiven under "Fire" for the sprinkler systems and ponds. D. Energy and Water Conservation/Waste Water Reuse (0-2 points): The extent to which an applicant proposes to employ: I. Passive and/or active solar heating and cooling and thermal insulation measures beyond those required by the Aspen/Pitkin Energy Conservation Code; 2. Water conservation devices and wastewater reuse systems within the development rather than standard plumbing facilities; 3. Renewable non-polluting energy resources for the primary source of energy for the development; 4. "Greed' and/or high efficiency building materials and "greed' technologies; and 5. Reuse of existing construction materials on-site. Maximum Score 2 Score: 2 x 2= 4 COMMENT: vvww+� 1060014 `"Lind -Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 water conservation/waste water reuse urogmms which were not included in the original development application. These commitments are outlined in detail on nage 20 of the application. i Solar Orientation. Placement of buildings on site to achieve proper solar orientation. i Window & Glass. High performance glass. Roof Overhangs and Porches which limit summertime solar gain and maximum wintertim: solar gain. `i Insulation. Use of super insulation that exceeds Code requirements. r Ventilation. Use of ventilation chimneys. r Energy Codes. The houses will exceed standards of the Built Green Colorado checklist. Y Boilers. Use of 87% efficient boiler systan for radiant heating. Paints. Non -off gassing paints and stains will be used on all structures. Wood products. Certified environmental woods and recycled woods will be used. r Grey Water filtration and irrigation system. r Hot Water. Solar voltaic hot water system installed. r' Excavated soils will be reused on site. Staff has recommended a score of 2, since the Applicant has committed to improvements and enhancements beyond what was required in the original subdivision approval. E. Conservation Through Construction Management Plan (0-2 points): The extent to which an applicant proposes a Construction Management Plan to: 1. Limit the number of trips to the site through carpooling, storage of tools on site and other innovative measures: 2. Limit the amount of fill removed from the site through limited excavation, regrading and use of the fill on-site; and 3. Control noise and dust generated during construction. 4. Minimize construction and material waste (i.e., reduce, recycle and reuse). Maximum Score 2 Score: 2 x 2= 4 Staff has recommended a score of 2 since the Applicant commits to improvements and enhancements beyond what was required in the original subdivision approval. EFFECT ON THE ENVIRONMENT AND RESOURCE CONSERVATION (Minimum Threshold Score - 5 points) Subtotal without multipliers 8 Subtotal with multipliers 76 0 U015 end -Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 8-120-034 Wildlife and Wildlife Habitat Protection The Planning and Zoning Commission shall consider each application in terms of its impact on wildlife and wildlife habitat and rate each development by assigning points according to the following system (minimum threshold score four (4) points; maximum eight (8) points); multiplier of two (2)): Score of 0 - Indicates non-compliance with the policies and standards of the Land Use Code and adverse impacts to wildlife and/or wildlife habitat due to an applicant's inability and/or unwillingness to locate the proposed development away from wildlife and/or wildlife habitat. Score of I - Indicates compliance with the policies and standards of the Land Use Code and minimal impact to wildlife and/or wildlife habitat due to an applicant's avoidance of wildlife and wildlife habitat and capability to mitigate most impacts, but lack of total avoidance and lack of total mitigation. Score of 2 - Indicates no adverse impacts to wildlife and/or wildlife habitat due to the applicant's location of the proposed development away from wildlife and/or wildlife habitat and/or the complete mitigation of impacts and a development exceeding the policies and standards of the Land Use Code. Applicants with no wildlife or wildlife habitat on the entire site shall automatically receive a score of two (2) for each sub -category. A. Avoidance of Existing Wildlife and Wildlife Habitat. (0 to 2 points.) The extent to which the proposed development, including the building envelope and other disturbed areas, completely avoids existing wildlife and wildlife habitat including, but not limited to areas mapped by the Division of Wildlife on Wildlife Resource Information maps (1041 environmental hazard maps) or areas identified by the County biologist as: critical winter range; migration corridors; calving areas; waterfowl habitat; fisheries; riparian areas; wetlands; and/or sage, aspen and oak-serviceberry habitat. Maximum Score 2 Score: 1 x2=2 B. Canine Management. (0 to 2 points.) The extent to which the proposed development commits to prohibiting dogs where the building envelope is located within one-quarter mile from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas. Commits to kenneling dogs where the building envelope is located one-half (1/2) mile, but more than one quarter (1/4) mile, from mule deer, elk, and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas. Where the building envelope is located more than one-halk (1/2) mile from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas, automatically awarded two points. 00Oulu 'Lind -Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 Maximum Score 2 Score: I x2=2 C. Enhancement of Wildlife or Wildlife Habitat. (0 to 2 points.) The extent to which the proposed development commits to enhance existing wildlife or wildlife habitat or to restore native habitat to degraded sites (for example, creating or restoring wetlands and/or riparian habitat. On-site enhancement is preferred, but where there are no significant opportunities for on-site enhancement or restoration, a commitment to enhance or restore other sites in Pitkin County may be considered. Maximum Score 2 Score: 1 x2=2 D. Reduction of Human Influence. (0 to 2 points.) Consider the extent to which the proposed development commits to cluster development and reduces the zone of influence on wildlife and/or wildlife habitat. Maximum Score 2 Score: 1 x2=2 WILDLIFE AND WILDLIFE HABITAT PROTECTION (Minimum Threshold Score - 4 points) OU' "001 Subtotal without multipliers 4 Subtotal with multipliers 8 'rind -Koppel Subdivision Lot 7 GMQS Scoring April Z 2002 9-120-036 Consistency with Land Use Goals The Planning and Zoning Commission shall consider each application's consistency with County Land Use Policies and rate each development by assigning points according to the system in this section (minimum threshold score five (5) points; maximum score ten (10) points); multiplier of two (2) or three (3) as noted below): A. Open Space. (0-2 points; multiplier of three (3).) The extent to which the development preserves desirable undeveloped lands for wildlife, scenic and other desirable resource values, or preserves known agricultural lands, including those which have been historically irrigated, used for food, hay, grains or other feed production, and those used for dry pasture and rangeland, consistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240 and 2-280. Score of 0 - The application is totally inconsistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240, 2-280, and does not preserve valued open space or agricultural lands within a property. Score of 1- The application is generally consistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240, 2-280, and preserves the most valued open space or agricultural lands within a property. If a property does not contain any valued open space or agricultural lands, it shall automatically be eligible for a score of one (1). Score of 2 - The application is consistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240, 2-280, and preserves all valued open space or agricultural lands within a property. Maximum Score 2 Score: 2 x3=6 B. Visual Impacts (0-2 points; multiplier of two (2)) Considering the extent to which a development impacts the scenic quality and visual character of an area as viewed from public roadways and the extent to which a development is consistent with the Scenic Overlay standards (Section 3-60-40), Land Use Policy 2-120, and the West Elk Loop Scenic and Historic Byway, notwithstanding the fact that the parcel may be located outside of the mapped scenic overlay (i.e., within tributary valleys to the Roaring Fork Valley). ..WvW� 0ii-601('3 10 " nd-Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 Score of 0 - The application is inconsistent with the Scenic Overlay review standards (Section 3-60040) and Land Use Policy 2-120. Score of 1 - The application is generally consistent with the Scenic Overlay review standards (Section 3-60-40) and Land Use Policy 2-120. Score of 2 - The application is consistent the Scenic Overlay review standards (Section 3-60- 40) and Land Use Policy 2-120. Maximum Score 2 Score: 1 x2=2 C. Development Below Allowable Density (0-2 points; multiplier of two (2)) Consider the extent to which the development proposed is less than the allowable density in terms of numbers of dwelling units (not including caretaker dwelling units, employee dwelling units or deed restricted affordable housing dwelling units) permitted in the applicable zone district: Score of 0- The application proposes development at a density of 76% to 100% of the density allowed under the zone district, which maximizes development on the site under the zoning. Score of 1- The application proposes development at 56% to 75% of the density allowed under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the density reduction. When competing for additional square footage only, an applicant shall be eligible for a score of one (1) if there is no opportunity to reduce density on a property. Score of 2- The application proposes development at 50% or less of the density allowed under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the density reduction. Maximum Score 2 Score: I x2=2 "Cnd-Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 only two free market dwelling units will be located in the Subdivisiondevelopment at 66.6% of the zoned density is proposed (2 u's/3 d.u's = 66%). The Land Use Code specifically excludes the voluntary employee dwelling unit from the development below allowed density scoring calculation. The Applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the density reduction. D. Development Below Allowable Intensity (0-2 points; multiplier of two (2)) Consider the extent to which the development proposed is less than the allowable intensity in terms of the total amount of square footage of floor area potentially available as an allowed use under the applicable zone district: Score of 0- The application does not commit to reduce the square footage of floor area of development on site. Score of I- The application agrees to limit square footage to 56% to 75% of the square footage of floor area potentially available under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the intensity reduction. Score of 2- The application proposes development at 50% or less of the square footage of floor area potentially available under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the intensity reduction. Maximum Score 2 Score: I x2=2 E. Clustering (0-2 points; multiplier of two (2)) Consider the extent to which the development proposed clusters the structures proposed for development, or, where applicable, clusters the proposed development adjacent to existing or approved development on adjacent properties. Score of 0 - The application does not commit to clustering. Score of 1 - The application commits to limited clustering, but additional clustering is still possible. An applicant shall be eligible for a score of one (1) if development is not clustered and, clustering is determined by the Community Development Department to be inappropriate on a specific property. Score of 2 - The application clusters development to the fullest extent possible. Maximum Score 2 Score: 1 x2=2 12 G0i_;02V �" ! ind-Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 Staff has recommended a score of 1, based on the finding that clustering was not done to the fullest extent possible • CONSISTENCY WITH LAND USE GOALS (Minimum Threshold Score - 5 points) Subtotal without multipliers 6 Subtotal with multipliers 14 9-120-036 Bonus Points The Planning and Zoning Commission shall consider the award of bonus points as follows (maximum score six (6) points; no multiplier): A. Bonus points may awarded only to development applications which achieve the overall minimum scoring threshold in sections 9-120-032 through 9-120-035. B. The Planning and Zoning Commission shall consider the extent to which an applicant purchases interests in land in order to preserve valuable undeveloped lands or creates conservation easements or dedicates land located in the Agricultural Wildlife Reserve District (AWR) of the Pitkin County Down Valley Comprehensive Plan: Future Land Use Map. Score of 0 - The development does not help meet the goals of the County as identified in the Pitkin County Down Valley Comprehensive Plan regarding the preservation of open space, agricultural and wildlife lands. Score of 1 - The development supports the goals and objectives of the Pitkin County Down Valley Comprehensive Plan by preserving open space, agricultural lands and wildlife lands located in the Agriculture Wildlife Reserve (AWR) designated on the Pitkin County Down Valley Comprehensive Plan : Future Land Use Map. The applicant must preserve no less than two (2) times the minimum lot size in the zone district where the development is proposed. Score of 2 - The development aggressively supports the goals and objectives of the Pitkin County Down Valley Comprehensive Plan by preserving open space, agricultural lands and wildlife lands located in the Agriculture Wildlife Reserve (AWR) designated on the Pitkin County Down Valley Comprehensive Plan: Future Land Use Map. The applicant must preserve no less than three (3) times the minimum lot size in the zone district where the development is proposed. Maximum Score 2 Score: 2 - 13 �UU021 `t ­6nd-Koppel Subdivision Lot 7 GMQS Scoring April Z 2002 C. Creative Bonus. Bonus points shall be available to the applicant to specify other creative methods in which the proposed development will achieve the goals of each of the categories set forth in sections 9-120-032 through 9-120-035. To be eligible for a bonus point, the applicant shall specify in which category the bonus point is sought and describe the creative measure which the applicant proposes to further the goal of the category. Only one creative bonus point is available per category, with a total of four possible bonus opportunities except to break ties between applications. At its option, an applicant may submit for one additional creative bonus to be considered in the event of a tie between applications. The Planning & Zoning Commission shall score the creative bonus points as follows: Score of 0 — The development does not further the goal or objectives of the category. Score of 1 — The development substantially furthers the goal or objectives of the category. Maximum Score 4 Score: 1 r D Optimal Mitigation of Employment Generation. Bonus Points shall be available to the applicant for the optimal mitigation of employment generation. The Planning and Zoning Commission shall consider the provision of affordable housing in relation to each development application by assigning points according to the system in this section (no minimum threshold ; maximum score three (3) points; multiplier of two (2)): 1. Conversion of Existing Free Market Housing. Any applicant who commits to convert existing free market housing located within the Aspen Area Urban Growth Boundary to deed restricted sale housing pursuant to section 3-130-020 shall be awarded three (3) points. Any applicant who commits to convert existing free market housing located within the Rural Area to deed restricted sale housing pursuant to section 3-130-020 shall be awarded two (2) points. 2. Construction of Affordable Housing. Any applicant who commits to construct sale affordable housing on site for on-site employees pursuant to section 3-130-020 shall be awarded two (2) points. Any applicant who constructs sale affordable housing shall be awarded one (l) point. 3. Dedication of Land. Any applicant who commits to dedicate land within the Aspen Area Urban Growth Boundary pursuant to section 3-130-020 shall be awarded one (1) point. 14 .._ - U V022 "'f Lind -Koppel Subdivision Lot 7 GMQS Scoring April 2, 2002 Maximum Score 3 Score: 2 x 2= 4 COMMENT: Low Impact Subdivisions were subdivision exemptions which were not required to comply BONUS POINTS Subtotal S Subtotal with multipliers 7 TOTAL POINTS (with multiplier): 15 uFju323 Minimum Subtotal Subtotal Threshold (without (with multipliers) multipliers) A. Availability and Appropriateness of Public and 5 6 6 Private Facilities and Services. B. Effect Upon the Environment and Resource 5 8 16 Conservation. C. Wildlife and Wildlife Habitat Protection 4 4 8 D. Consistency with Land Use Goals 5 6 14 E. Bonus Points (Maximum 12) N/A 5 7 TOTAL 51 Must meet minimum threshold in each category and obtain a total score of 48 points (with multiplicro to obtain an allotment 15 uFju323 E 000024 a o Q 0 •r • yyyN 0 = a SMI U F —•G m Qui W E d? N N E v N E a u N i 6 o i1 `.� O •O L W a '2QU W a k V O 8a U q N W PWC 9 Q N fi N h -• N N � N b — "' y a fl N N .y� C o u 0. C G W O C.J 'o (7 yN W H C v�^ `d U � E 0 0 a En CL 0 S c vi W v '�^' 00 '0 E u W o Q C — 00 C 7. � aafi .tee vi W- N a ¢ ro L 0 W o 0 0 •r • yyyN = a SMI U O � —•G m CC_ E d? N N E v N L 0 W o o • 3 = a SMI U O � m E d? E E v E u v i 6 o i1 `.� O •O L •d d '2QU W a k V 8a U q L 0 W :e °� l dent f PROTECTIVE CO'JENhNTS IN ASSOCIATION WITH THE PITY,IN COU14T'I 2002 awror RURAL AREA RESIDENTIAL GROWTH MANAGEI4ENT 1JOTA SYS' -E14 l,LLID�T14211T AWARDED TO LOT 1, LI11D--KGPPEL SUBLIVISIOPI RE C I TILS A. S.aM-i ._.Y a-- Page liI -l. I_13•rLu R. owner SL'DRti t — an FF?-'JZ1CaL�Cn •`. _ _ _ - _ _ Manager.,en,. Quota ;Stem (Cr.;• _ _ fcr new development allotmen_s with -Gor area for de- Veicomen: new pur. �_... 7:_- -he ?-L}:: : County Land iJse rode. D. On April 2, 2002 and April 9, 200-, ._he __.. _ ='✓ a_d:.ni-a aZoning Commission held dliiV-- Ce4- _t rec.,eC- to the 2002 Rural Tre G" .rrrV=., System competitionfor Lne rural area allo::_ eVa^^ SC _Ye v- GMQS Application pursuant to sect_on 9-."' _ y: Land Use Code. _ _ ------- E. On April 24, 2002, the Pitkin Cocnty Commission forwarded its score of L;^.e GMQS ppi_ca+io : _ resolliti On :O t:e Pitkin County Board c -C l_✓ o.*=1.4=_^-arc/ F. By Resolu__on of the Board :;f P=t}:=n CC:: ty, CC lOradC Tj110t.:�2^LS `_'or F_OOr Area, Reso,Utl=n May 30, 2••n2r `..::e a'.�i(.0 bCCeq't"_ed he Ptanni L_ _ rc and C r;.-1_ss_tn's scor_ c ,l _ e G_{ A = S r _ica_ square Feet o:. -eS-'c:-=-•-i t =t __-------_.._ floorG. _area to the _ _ _ _- the .,•.,nor --.... .. .._ -.;r------ r_,/ns made 7 r,-. . nq I�-'J25 L -ward of points: 1. GENERAL REQUIREMENTS: In addition to Resolution ta,. 08;-2002, the Property is currently bound by the terms of t2le following documents and approvals (collectively, the "Underlying -Approvals") and the Owner acknowledges and agrees that, in addition to the matters provided for elsewhere herein regarding the representations made in the GMQS Application, the Owner will comply with all of the terms and conditions of the Underlying Approvals: (a) Resol::tion No. 89-74 of the Pitkin County Board of County Commissi:ners recorded August 7, 1989 in Book 599 at Page 31, Pitkin Cou=y, Colorado; (b) Reso=_cion of Pitkin County, :--lorado Lind/Koppel Lox =mpact Dwelling Unit esoluti, in Book 613 at =_ge 432 614 at Page 97-2. Pitkin the Board of County Commissioners of Granting Final Plat Approval of Subdivision and a Deed Restricted Employee in No. 89-128) recorded February 6, 1.990 and re-recorded February 29, 1990 in Book County, Colorado; (c) Subd_--sion Improvements Agreement recorded April 11, 1990 in Book 6-- at Page 978, Pitkin County, Colorado; (d) Plat :: Lind -Koppel Subdivision recorded April 11, 1990 in Plat Book 2= _= Page 11, Pitkin County, Colorado; (e) Resc_ _ion of the Board of County Commissioners of Pitkin County, ::-orado, Granting Approval of a Major Plat Amendment to _:_ I, Lind -Koppel Subdivision for the Purpose of Expanding the ==-ding Envelope and Re -Aligning the Driveway (Resolution Bc. -166) recorded January 23, 1998 as Reception No. 412813, P_ _. County, Colorado; (f) Resc____on of the Board of County Commissioners of Pitkin County, :__orado, Granting Approval of the Lind -Koppel Minor Amendment -: a Development Permit (Resolution No. 98-98) recorded June = _998 as Reception No. 417806, Pitkin County, Colorado; and (g) Fir:- ==ended Plat of Lot 1, Lind -Koppel Subdivision recorded Octo-=: _9, 2005 in Plat Book 76 at Page 33, Reception NO. 516469, P_-._= County, Colorado; lllllllll�llllllllllll IIIIIIIIIII�I II o 99366 a.sfi VOS CAUDILL PITCIU COVUTY Cr, R 76.00 0 0.00 -2- J J2 2_ IIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIII /20 50 : 3 of IS JA1JICE K VOS CAUDILL PITKIN COUNTY CO R 76.00 60 0.000 08.55 2. SITE DEVELOPMENT REQUIREMENTS: 2.1 Water Service. 2.1.1 The GMQS Application did not contain any commitments regarding water service for the Property, beyond the commitments previously provided for in the Underlying Approvals. 2.2 Sewer. 2.2.1 Waste water disposal for the Property will be accommodated by either a standard or engineered waste water disposal system. A site specific soils investigation will determine the type of waste water system to be used on the Property. 2.3 Storm Drainage. .1.'J Pe/rtti � r LLS 2.3.1 The Owner will implement a drainage control plan to C)P S mitigate any drainage that may occur during construction activity on the Property, and will maintain historic run-off pattern the Property. s on 2.4 Fire Protection. 2.4.1 The Owner will provide an in-house sprinkler system (a PS for any free market or voluntary deed restricted residential dwelling unit constructed on the Property. Water tanks will be Placed inside any such free market or voluntary deed restricted residential dwelling unit to serve the sprinkler system. 2.4.2 The Owner will not construct improvements on densely vegetated hillsides. 2.4.3 The Owner will comply with the provisions of Section (Z O 3-80-070 of the Pitkin County Land Use Code. 2.4.4 The Owner shall place driveway pullouts at 150 foot Vs intervals along the 16 foot wide driveway which services the Property's building envelope for the free market residential dwelling unit. 2.4.5 The Owner will develop a looped driveway or a I 3 an ��LJ27 I Pim: 4 i5 JANICE K V0q :':+.:t i.i i,i.:.: j; :l �dC.) 01!0812008 08:55 CnW lLL PI TKIN merry D 0.00 driveway with adequate turning room for a fire truck to exit the t5� Property's building envelope for the dwelling unit. free market residential i 2.9.6 The Owner will install a pond on the Property r� P S adjacent to Snowmass Creek Road between the main access road and the former "Moderate Income Employee Dwelling depicted on the Plat of Lirld-Ho Peel SubdivisonnrecordedlApril 11, 1990 in Plat Book 24 at Page il, Pitkin County, The location of the pond will be easily accessible tColorado truck. The Owner will permit the Basalt and Rural Fire Protection District to draw water from the pond to enhance fire protection for properties in the vicinity of Property. 2.5 Road System. 2.5.1 The Owner shall consent to the dedication of additional rights of way on the Propertyn by Lvr�Ti Xa terms and conditions as may a' °n such reasonable County an Owner, to the extent that SnowmasseCreekoRoad and Watson Divides Road in their present location encroach upon the Property. - 2.6 Air Pollution. 2.6.1 Following the completion of any free market or voluntary deed restricted residential serving on the Property dwelling unit constructed voluntary deedrestrictederesidential such free market or Z* sealed or paved to suppress dust, dwelling unit will be chip 2.6.2 The owner may install one clean wood burning device CCD on the Property which will incorporate an after burner to reduce emissions below current EPA clean -burning standards. recycle 2.6.3 The Owner shall utilize boilers on the Property which PS Pollution emissions for greater efficiency and to decrease air "Zk2.7 Water Resources. 2.7.1 The Owner will continue to irrigate all of the G �✓Lr historically irrigated lands on the Property. 2.7.2 The Owner will upgrade irrigation ditches on the Proery whichareain lstatesofng C disrepair. .1 :5 2.7.3 The pond provided for in Section 2.9.6 above will y -4- U000 0 2 8 4 is 000028 ' ..nnVII HIUIII1° 1 �IIIIIIfl�lllJill J 1 y366 JPNICE Y •/0. CFUolI. PITY. P°C.: 3 of 13 th courar Ca R 78,00 1/08/2000 08 3 -nc�ude a littoral shelf 0 0.ee waterfowl with appropriate plant to improve the habitat for migratingwspeCieS for C-0 ater ow]• Z 2.8 Hazards and Site Disturbance/Environmental Impact. 2.8.1 Wildfire Hazards. wildfire standards 1 The Owner agrees to abide b standards as set forth in Section 3_ Y the current County Land Use Code. ent 80-070 of the Pit};i.,(f-C market or vol 1.2 Sprinkler systems will be installed in an constructed voluntary deed restricted residential on the Property. dwellin any free g unit 2.8.2 Geologic Hazards. improvements of dedicated The Ownerbuilding e commits to limit all (j PS implement a weed management envelope s) on the pr gement plan on the Property,operty. 2.9 Energy and Water Conservation/Waste Water Re -use. 2.9.1 Solar Orienta dwelling unit tion. on the Propert The free market residentia199�� to achieve proper solar orientation ll be located on the free market residential dwellinga building site minimum concrete floor sSouthern interior spaces of system for solarlt will have 1 and 112-,j`-) 2 9 2 gain storage, dwelling Windows and Glass. The free market residential dwelling unit and any voluntary deed restricted residential 4 unit on the Property will incorporate high r P S glass (tinted insulating class with Low E windows so that in s performance the structure and the winter, heat coatings) on all outside. in the Summer energy is reflected back into windows Storm windows will be Provided outdoor heat energy is reflected thereby providing triplepglazed windows. operational�0 2.9.3 Roof overhangs and Porches. The free residential dwellingy(� carefull unit on the Pro market / (� f S in the ly designed roof Overhan d Por will incorporate ummerr and to maximize solard porches to limit solar gain in the winter. gain 2.9.4 Insulation. The free and any voluntary deed restricted mresidentialresidedwellin the Property will incorporate dwelling uni t PS requirements of the corporate super insulation g unit ,n ounty Code that of -, and a layer of -S- UUCO2;' "==`_ectics" will be included ::. a1. -X. erior walls. The roof of ^e free market residential dwr�_:i—-and any voluntary deed restricted residential dwelling r,it on the Property will be super -insulated to an R-60 or greater insulation value. 2.9.5 Ventilation. The free market residential dwelling b PS unit on the Property will incorporate ventilation chimneys to ,/iJ maximize natural ventilation and minimize the need for mechanical ventilation. 2.9. 6 Enerav Cneiae Tha f, -1. , 1t. _ -7 P S unit and any voluntary deed restricted residential dwelling unit on the Property will meet or exceed the requirements of the Uniform Building Code and the Aspen/Pitkin Energy Conservation —J"5 Code as adopted by Pitkin County under Title 11 of the Pitkin County Code and will exceed standards of the "Built Green Colorado" checklist. 2.9.7 Boilers. The free market residential dwelling unit PS and any voluntary deed restricted residential dwelling unit on the Property will use'an 87W -efficient boiler system for -'Je5 radiant heating. 2.9.8 Paints. The free market residential dwelling unit and PS any voluntary deed restricted residential dwelling unit on the Property will be painted and stained with "non off- `1 S gassing" paints and stains. 2.9.9 Wood Products. The Owner will utilize best efforts to P� incorporate certified "Environmental Friendly Woods" as the same �ec4�,„�✓ are identified by the Pitkin County Building Department into the free market residential dwelling unit and any voluntary deed restricted residential dwelling unit on the Property, and will utilize recycled woods for cabinets, flooring and finishing, to the extent such wood products are reasonably available and to the Ce.'C�„ t"QIL extent such wood products are used for such cabinets, flooring and finishing. ^Q�t 2.9.11 Hot Water. The free market residential dwelling �P S unit on the Property will incorporate a solar voltaic hot water system. 2.9.12 Excavated Soils. Thr, Owner will reuse all excavated S � coils on site. �S 2.10 Conservation Through Construction Management Plan. �P_1> 2.10.1 Traffic Demand and Traffic Control Measures. Dur:.. ^.g uOUO3u !'lillllllhlllllll!Illll�l I!��I IIiI' '' II'I I""IIS 7's�55 :' A froe market CZ 7G1 ... �..s.,; _ .. -r_': Un,, t on L.}.0 ✓.". i.�G r"= / .. iF'`F. -- •t.... . r _ Deliaer of - rg :..- :,,perry w 11 be prom; tEd 'aur'_. a: _ Er1ES t0 the PrGpertf from 8:OJ F.'.!.. w..+ Tido onl _i Pia W=11^.ot be allowed. _ -es-ricticns w-4--1 be scheduled corcrete pours t-•-• - ,__ __...-. '•?'S-,'_C'E rlUe LO the Ctllantlt'! Of CO'P...____.- __ .,—ne time and ether time Senslti,,e deliver_eS. _.' "'o_0.1.2 Speed limits of ----= 'er -- --- - -c..Cem axle and larger venl.c-es will be p:Steru t-Mes. 2.10.1.3 The owner's general contrac-or wil- "e re Yed to provide a parking plan for the par}_i-g Of subcon---actors and laborers as a part of such genera ,..,--ractor's contract with the owner. I 2.10.1.4 The owner's general contractor and -=n_ co ---actors wit_1 be required tc provide van peal-^_ _ a_ pJ^--Png programs as a part or their CGnS tr`.::C%i vi, COn-r-Ct :.+-•- 4 e O::her. Reduction in payment provisions sha-1 be _-.cc --• into the contracts as a means of ensuring compliance. 2,10.1.5 To the greatest extent possible, raw s.at=_rials will be stockpiled on site to Lry to consolidate of materials in larger glia_^.:.it-eSr and Sa0e yard may be utilized for bulk storage t.,rof :^•='�___�_ �nd �,...: ....,�:-and he secure storage of tools. 10.1.6 The Owner's general con' actcr - e reSDJo:=ible for monitoring del verses tc t.e Frcper ara ^ntraCLOS compliance With the above requi'"BmeriLS. Ile -^er'? contractor shall establish a program, t0 mG'I :-tG_ a- aestablish procedures to ensure comp -fiance w'- 'h -i..af-1C *-d 1 :hat 1 i rlcl'"de - ter; n" .^GVe rn^._.2l reme:'stS. Tre p."Ogram S =..-_. .. ...easur s. tJ J i�U;-,331 � _. '!r _.:. _.. .... . ✓.1Gar.,- _. .JC " .�... .LCa -he frllcwir,g .,;;,I pian and,plement (2a a(l�f�ryontrr : .... ._ .. .`.�_ J J. r• tJ J i�U;-,331 � _. IIIIII Ille dull IIIIII III VIII IIIIIII III VIII III IIII 01g Ei 2006 06:55, 1AIIICE Y. VOS CAUDILL PITrl❑ "'FJ" SG R 7C.00 D 0.00 2.10.2 Fugitive Dust Control Plan. -.'.:ring the construction any free market or voluntary dee: rP,ctricted residential _ing unit on the Property, nuc' ...._r l will be implemented ir;m start to finish of each construction season until the is�Ur 5 .ntruction project is complete. ':::e e ownr's general contractor will be required to assume all respor,cibility for dust control and shall carry out proper and effi%ienr_ measures whenever dust control is necessary, thereby minimising dust damage and nuisance to persons and property. The Owner's general contractor will also be required to control dust at the work site by the use of a water truck, or an effective palliative agent and other appropriate methods as may be required. To the greatest extent possible, raw material deliveries to and from the Property will be water sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from construction operations. 2.10.3 Public Notification Plan. During the construction of anv free market or voluntary deed restricted residential dwelling 5 unit on the Property, the Owner's general contractor will be required to notify public and/or private utility companies at least forty-eight (48) hours prior to commencement of any work in the vicinity of such public or private utilities. No work will commence until the appropriate utility provider has located the utilities or has given its written consent to proceed. If utility service must be interrupted, the Owner's general contractor will be required to notify the appropriate Pitkin County authorities and the affected utility users at least twenty-four (24) hours prior to interruption. Notice will consist of the Owner's general contractor's posting of prominent and easily read signs and personally contacting affected neighbors. 2.10.4 Noise Control for Construction Equipment. During the construction of any free market or voluntary deed restricted b �S residential dwelling unit on the Property, the Owner's general contractor will comply with all applicable noise control regulations, specifically including the Pitkin County Noise Aba=ement Ordinance. Construction eauinment shall be scheduled _c operate only during daylight hours, i.e., 7:00 AM to 7:00 PM, Monday through Saturday. Radios and CD players will not be used cn-site during construction. 2.10.5 Recycling and Reuse of Materials. During the T,? S c::,struction of any free market or voluntary deed restricted residential dwelling unit on the Property, the Owner's general _-,n:ractor shall sort all e_%mess cr�n::t rliC �lcn materials into two.;t,rage areas on the Property. Any maty,rials that can be F.ql 1.IJ cannotrecyclFbewrecyccledtored Theseparately so rted from those materials that Pitkin runty keclamation r rials areas. The Owner' enter and will be taken to the Owner's general placed in the appropriate e%Cavati.Oh materials as °ontractor will the dedicated Possible for lan1.11 use as much of the dwelling unit building envelope for the dscaping °n site within and the building envelope free market resin restricted residential dwellin p for an residential residential dwellingg unit. y voluntary deed on -grade. unit will be Any pTOposed free market All buildin built over crawlspace or Recpcliing site to -reduce trips chipped willbey g Center, Pitkin Count y Landfill or 2.10.6 Canine Control. Property during project Dogs shall construction not be brought on the 2.11 Wildlife and Wildlife Habitat Protect' Q10 2.11.1 ion. Avoidance of Existing Wildlife The Owner shall of with and Wildlife Habitat. with respect to the avoidance provisions of the Prior AprovesC-L)-% f habitat. of existing wildlife pprdlite and wildlife 2.11.2 Canine Management. The Owner shall comply Provisions of the Prior Approvals which Property, p Y with Prohibit canines on the 2.11.3 Enhancement of Wildlife or Wildlife Habitat. commits to the following measures to improve habitat on Property: The Owner the 2.11.3.1 All areas where surface in conjunction with construction disturbance activity takes place and seeded w' y be reshaped, smoothed with on the Property shall E P S for the Propert native grass and Y as soon as practical, forbs mix established 2.11.3.2 Largestanding dead trees not in a location shall be leftstandingto In important cavitY-nesting hazardous � PS raptorial g wildlife species and to serve habitat for bird species. as perches for 2.11.3.3 The use of off-road recreational -type v restricted to only those vehicles which s With ranching yp vehicle- i g operations associated with are used in connecti,n the Property. 2•11.3.4 All earthwork performed on the Property in q-,> P� G,,, '��'MYIVII�IVPYP�oII!lu�l� " .;_ °� IIIIII VIII IIIII� .._,II III III.II VIII III IIIIiI III III. FIR 0 01�0D/200Df Jali!E /. 'JOS CBUDILL R17gN :071:7• ;t R 7D.0b D 0.00 rn,,ction with the construct r.n -:1r:on the Property shall r.(: pFrformed in such a manner. ,n _ , avoid erosion that could .i,.,rrc,le Snowmass Crec), water 2.11.3.5 All trash storage structures on the Property (--Nkzw c},all be indoors to prevent wildli:e/resident conflicts. (� C-) 2.11.3.6 The Owner will install artificial bird nesting Ceo boo es on the Property to encourage certain passerine bird species to use the Property for bird nesting. Slit,""Ju.t- 2.11.3.7 The Owner shall remove any existing fencing that V -L.> PS endangers wildlife, and to the extent that the Owner elects to CpAAejQ replace such removed fencing, Owner shall replace it with C fencing that is consistent with the recommendations of the County Wildlife Biologist and Colorado Division of Wildlife. 2.11.4 Reduction of Human Influence. The Owner shall take the following measures to reduce human influence on the Property: 2.11.4.1 Wire fencing in the Property shall be limited to 42 inches in height, shall have no more than four strands of -}- wire, and shall provide for a 12 inch kick space between the top r(I` two strands of wire. Wood rail fencing on the Property shall be limited to 42 inches in height, shall have no more than three rails, shall provide for 18 inches between the top two rails, and shall be no more than 12 inches in width, when viewed from above. All fencing shall be smooth wire or rail, or shall be other fencing that complies with the recommendations of the Colorado Division of Wildlife or Pitkin County wildlife Biologist. The Owner shall remove existing fencing that does not meet these standards. 2.11.4.2 Construction fencing is prohibited outside of any 5 building envelope on the Property. 2.12 Consistency with Land Use Goals. 2.12.1 Visual Impacts. 2.12.1.1 None of development proposed within the 1'�'I Property shall break any mapped ridgelines. The free market residential dwelling unit on the Property will utilize existing topography and existing and proposed plantings to screen the residential dwelling unit. -he free market residential dwelling unit on the Property will be placed in the least visual site from rAw7Ca-s Creek Road, SUI:]eCt t,, _h<.; r)wner ' s right to construct a 000034 IIIIII VIII IIIIII IIIIII III �IIII 1111111111 HIM III IN 0Pnqe: 11 1//06/20061 Oe35F !MACE K VOS CNU01. PITKIN COUIITY CO R 76.00 0 0.00 fr-e market residential dwelling unit within any resident_al building envelope approved by Pitkin County with respect to the Property. 2.12.1.2 All landscaping outside the Property's building envelope(s) and driveway will be maintained to help screen any development. Development on the Property will comply with current Pitkin County lighting standards providing for the mitigation of exterior lighting so as not to have light sources visible from Snowmass Creek. Road. 2.12.2 Development Below Allowable Density. 2.12.2.1 The Owner shall deed restrict the Property to limit the density of the Property to one (1) free market residential dwelling unit on the Property. The deed restriction shall not apply to any voluntary deed restricted residential dwelling unit on the Property. The deed restriction shall be in a form acceptable to the Pitkin County Attorney. Pitkin County shall be a beneficiary of the deed restriction. 2.12.3 Development Below Allowable Intensity. 2.12.3.1 The Owner shall deed restrict the Property to limit Floor Area to 11,250 square feet of total Floor Area, as the term "Floor Area" is currently defined under Article 8 of the Pitkin County Land Use Code. A portion of the Floor Area of Agricultural buildings located on the Property shall count against the Property's total allowable Floor Area as provided for in the Pitkin County Land Use Code as of the date of any building permit issued by Pitkin County in connection with the Property. The deed restriction shall be in a form acceptable to the Pitkin County Attorney. Pitkin County shall be a beneficiary of the deed restriction. 2.12.4 Bonus Points. M 2.12.4.1 Additional Deed Restriction. The Plat of the Lind -Koppel Subdivision recorded April 11, 1990 in Plat Book 24 at Page 11, Pitkin County, Colorado deed restricts approximately 75 acres of both lots in the Lind -Koppel Subdivision against development. The Owner shall deed restrict an additional 17.5 acres on the Property against development, resulting in a total of approximately 92.5 acres of land in both lots comprising the Lind -Koppel Subdivision which will be preserved by deed restriction against development. The deed restriction shall be in a form acceptable to the Pitkin County Attorney. Pitkin 000035 County shall be a beneficiary the deed restriction. 2.12.5 Creative Bonus. 2.12.5.1 Fire Protection. The pond to be constructed ��S on the Property will include a water out -take pipe adjacent to�� Snowmass Creek Road which will provide a water source for the Co Basalt and Rural Fire Protection District to draw water from the pond to enhance fire protection for properties in the vicinity of Property. 2.12.5.2 Road System. As provided elsewhere herein, the Owner consents to the dedication of additional rights of way on the Property, on such reasonable terms and conditions as may be agreed upon by the County and the Owner, to the extent that Snowmass Creek Road and Watson Divide Road in their present location encroach upon the Property. e� P ri�� 2.12.5.3 Effect on the Environment and Resource Conservation. The Owner will donate Three Thousand Dollars and no/100 ($3,000.00) to the Independence Pass Foundation prior to the issuance of a building permit for a free market residential dwelling unit on the Property. The donation will help support sustainable reforestation and harvesting to offset the amount of solid stock lumber used in connection with the Property. 2.12.5.4 Wildlife and Wildlife Habitat protection.S The Owner shall implement a program on the Property for the enhancement of riparian habitat as described in the letter of Andrew Antipas dated January 11, 2002 and attached as Appendix 10 to the GMQS Application. This letter provides for the following commitments: (a) If possible, the Owner will remove as much of the existing perimeter fencing on the Property as is possible. (b) Wire fencing in the Property shall be limited to 42 inches in height, shall have no more than four strands of wire, and shall provide for a 12 inch kick space between the top two strands of wire. Wood rail fencing on the Property shall be limited to 42 inches in height, shall have no more than three rails, shall provide for a 18 inches between the top two rails, and shall be no more than 12 inches in width, when viewed from above. All fencing shall be smooth wire or rail, or shall be other fencing that complies with the recommendations of the Colorado Division of Wildlife or Pitkin County wildlife Biologist. The Owner shall remove existing fencing that does not meet these standards. -)2- IIIIIILIiIIIlillllIIIIII`IIIII IIIIIIIIIIIIIIIIIIIIIIII 5i 6/ e6`eeJ::. ,,n `�� , it i. l.d�V G.NO D 0 00 IIIIII VIII IIIIII VIII' II� VIII Ilillll III IIIIII III IIII 519366 Page: 13 T 01/06/2006 0E5551 JPIIICE Y. VOS CAUDILL PITKIN COUNTY CO R 76.00 D 0.00 (a) The Owner shall implement a weed management plan in accordance with guidelines provided by Pitkin County. (b) Any proposed building site shall be positioned in close proximity to neighboring homes as possible, subject to the further requirement that any site shall be located within a dedicated building envelope. (e) The Owner shall try to preserve the existing mature cottonwood trees along Snowmass Creek.. (f) The Owner shall construct a pond on the Property which will include a littoral shelf with appropriate plant species for water fowl to improve habitat for migrating waterfowl. (g) The Owner shall consider placing a conservation easement on areas of the Property located outside of any dedicated building envelope. 2.13 Optimal Mitigation of Employee Generation. 2.13.1 In accordance with Section 3-130-020 of the Pitkin County Land Use Code, the Owner shall acquire a two bedroom or larger free market residential unit located in Pitkin County. The Owner will convert the free market residential unit to Category 4 deed restricted sale housing prior to the issuance of a building permit for the construction of the free market residential dwelling unit on the Property. 3. MISCELLANEOUS 3.1 Recordation. Once fully executed, this Covenant shall be recorded in the Office of the Pitkin County Clerk and Recorder. 3.2 Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing: To the Owner: Stephi Holdings, LLC c/o Curtis B. Sanders, Esq. Krabacher & Sanders, P.C. 201 North gill Street, Suite 201 Aspen, Colorado 81611 -13- UH33 t To Pitkin County: Pitkin County Manager 530 East Main Street Aspen, Colorado 81611 With a copy to: Pitkin County Attorney 530 East Main Street, Third Floor Aspen, Colorado 81611 3.3 Binding Effect. The provisions of this Covenant shall run with and constitute a burden on the Property and shall be binding on and inure to the benefit of the Owner of the Property from time to time, and such Owner's heirs, successors, personal representatives, and assigns, and Pitkin County, its successors, personal representatives, and assigns. 3.4 Amendment. This Covenant may be amended only by written instrument executed by the parties, upon approval by the Pitkin County Community Development Director. 3.5 Severability. If any of are determined to be invalid, it the remaining provisions hereof. the provisions of this Covenant shall not affect the validity of 3.6 Non -Waiver. Any failure to enforce a requirement of the Covenant shall not constitute a waiver of the right to enforce any other requirement, and shall not constitute a waiver of the right to any further enforcement of any requirement of this Covenant. APPROVED AS TO FORM: STATE OF COUNTY OF 000033, OWNER: By: ) R ss -14- r , LLC, a Colorado ty company ledymewfi -A IIIBI VIII IuIII IIIRI III VIII IIIIII III IIIIII III III Page: 366 01/06/2006 f08:55 JANICE K VOS CAUDILL PITKIN COUNTY CO R 75.00 0 0.00 State. l,tt t169tiMw- C°nnty-AIAAXSk "4= h9 bre me, � Notary Public Pemnallyappeared lat'{71 PLva.�VS�i] Personalty known to m or proven to me on the basis ofsatisfa°tery evidence to be the XI i a pOIIsubscribed to within instrument and aclnowledged to MW that sh ey executed the same in ma ark eir auti�orized eopacity(les), and that M� h+ �na tm * the insaumeat the t�(s'f wfitch a parso , or the entity upon behalf of pa*son,(�'agted, executed the instrument. WnWI SS my hand and official seal. Title or Type of Document; Document Date: NumberofPages: Signers) Other Than Named Above: 03373 t co►.w. na�eoar IIIIIII�IU�IIIII��I��IIIIIIIIUIUIIII�IIIIIIIIIIIIIO 5 a9oze�sa6 08:55,9.90 RECEP710NO: 580265, 06/01/2011 at 10:02:17 AM, 1 OF 6, R $0.00 A g M V WRA • S Janice K. Von Caudill, Pitkin County, CO ttor&> ADDITIONAL PROTECTIVE COVENANTS FOR LOT 1, LIND-KOPPEL SUBDIVISION THESE ADDITIONAL PROTECTIVE D FOR LOT 1, LIN COVENANTS -KOPPEL SUBDIVISION (these "Covenants") ate made 0 of this .IZ of by 1999 RS INTERNATIONAL TRUST ("Owner" ). RECITALS A. Owner holds title to a parcel of land on Snowmass Creek Road in Pitkin County, Colorado, consisting of approximately 75.65 acres (the "Property'). The Property is more fully described on Exhibit A of these Covenants. The Property is a conforming size lot in the RS -30 zone district under the Pitkin County Land Use Code. B. The Property is currently subject to those certain Protective Covenants in Association with the Pitkin County 2002 Rural Area Residential Growth Management Quota System Allotment Awarded to Lot I, Lind -Koppel Subdivision retarded in the real property records of Pitkin County, Colorado (the "Records") at Reception No. 519366 (the 'Tr Existing Covenants"). C. Since the recording of the Pre -Existing Covenants, the Owner and its predecessors in ownership of the Property have applied for and received certain land use and development approvals from Pitkin County, including without limitation the following (the "Additional Approvals'j: (1) Hearing Officer Determination No. 2 - 2009 granting approval for the Creekside Site Plan Review, Minor Amendment to a Development Permit, and a Subdivision Exemption for a Minor Plat Amendment recorded at Reception No. 556325 of the Records, and the Second Amended Plat of Lot 1 of Lind -Koppel Subdivision recorded in the Records in Plat Book 90, Page 40, Reception No. 556326 (the "Second Amended Plat"), and the Creekside at Old Snowmass Site and Activity Envelope Plan recorded in the Records in Plat Book 90 at Page 42, Reception No. 556327 (the `Site Plan); (2) Resolution No. 01 1-2010 of the Board of County Commissioners of Pitkin County, Colorado, approving Owner's Request for a Reinstatement of Vested Real Property Rights recorded in the Records on June 28, 2010 at Reception No. 571096; and (3) Administrative Decision No. 36-2010 of the Pitkin County Community Development Director granting approval to Owner's request for a Minor Amendment to a Development Permit to allow fencing to comply with the current Pitkin County Land Use Code standards recorded on July 1, 2010 in the Records at Reception No. 571755 (the "2010 Fencing Decision"). D. Pursuant to the original Plat of the Lind -Koppel Subdivision recorded in the Records in Plat Book 24 at Page 11, approximately 50 acres (more or less) of the Property was paaaaooa I11 0 004 RECEPTION#: 580245, 06/01/2011 at 10:02:17 AM, 2 OF 6, Janice X. Von Caudill, Pitkin County, CO "remitted for wildlife — no development" and is further identified as "Area 1" on the Second Amended Plat In addition, pursuant to the Pre -Existing Covenants and Hearing Officer Determination No. 2 — 2009, Owner was required to preserve an additional 17.5 acres of the Property as a no development area Owner satisfied this obligation, in part, by designating an additional 19.2 -acre area known as "Area 2" on the Second Amended Plat. E. Owner and Pitkin County now desire to specify what activities and uses are and are not permitted in Area 1 and Area 2 of the Property as shown on the Second Amended Plat. In addition, Owner and Pitkin County desire to amend the fencing restrictions applicable to the Property for the purpose of making such restrictions consistent with Pitkin County's current fencing standards, as contained in the 2010 Fencing Decision. NOW, THEREFORE, Owner declares and acknowledges that the following tams, mvaunts and conditions shall apply to the Property and shall run with ownership of the Property and be a burden and a benefit to the Owner and its successors and assigns in the Property: I. Area 1. No development shall be permitted within Area 1 as shown on the Second Amended Plat, except that the following activities and uses are permitted to Area 1: (a) Agricultural activities, including: irrigation of the land; maintenance, repay, improvement and operation of irrigation ditches; installation and maintenance of any irrigation pipes, pumps, sprinklers and similar equipment or sprinkler systems; installation and maintenance of any piping, ditches or features related to the irrigation of the Property; haying of fields; grazing of livestock; (b) Wood rail fencing provided that such fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (tap view) and shall have at least eighteen (18) inches between the Iowa two (2) rails; (e) Wire fencing provided that sucb fencing must be three (3) strands or less. The top wire should be a twelve- point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum of twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump ova. The bottom strand should be sixteen (16) inches from the ground; (d) An Individual Sewage Disposal System (ISDS) as permitted in Hearing Offica Determination No. 2 - 2009 and as depicted as "Septic Field (Activity Envelope #3) on the Site Plan; (e) Wildlife enhancement vegetation and features; (q The spreading of development fill dirt along the east side of the adjacent Snowmass Creek Road within the area depicted as Activity Envelope ##6 pursuant to the Site Plan in order to comply with the requirement that all fill from on-site construction must remain on the Property as noted in Hearing Officer Determination No. 2 - 2009. tAM)UNDM / 11 2 060041 A4)wa#fttrti- to SECOND AMENDED PROTECTIVE COVENANTS FOR LOT 1, LIND-KOPPEL SUBDIVISION THESE AMENDED PROTECTIVE COVENANTS FOR LOT 1, LIND-KOPPEL SUBDIVISION (these "Covenants") are made as of this of 2014 by RSS LIVING TRUST ("Owner"). RECITALS A. Owner holds title to a parcel of land on Snowmass Creek Road in Pitkin County, Colorado, consisting of approximately 75.65 acres (the "Property"). The Property is more fully described on Exhibit A of these Covenants. The Property is a conforming size lot in the RS -30 zone district under the Pitkin County Land Use Code. B. The Property is currently subject to those certain Protective Covenants in Association with the Pitkin County 2002 Rural Area Residential Growth Management Quota System Allotment Awarded to Lot 1, Lind -Koppel Subdivision recorded in the real property records of Pitkin County, Colorado (the "Records') at Reception No. 519366 (the "Pre -Existing Covenants') and the Additional Protective Covenants for Lot 1, Lind -Koppel Subdivision (the "Additional Covenants') in the Records at Reception No. 580245. C. Since the recording of the Pre -Existing Covenants and Additional Protective Covenants, the Owner of the Property applied for and received approvals from Pitkin County for a Minor Amendment to a Development Permit to eliminate Section 2.9.11 of the Protective Covenants and to amend the Protective Covenants to remove this Section of the Covenants. This Section 2.9.11 to be eliminated reads: "HotWater. The Free Market Dwelling Unit on the Property will incorporate a solar voltaic hot water system." D. A thorough review of the 2002 Rural Area Growth Management scoring process, scores and competition was completed by the Community Development Staff, including but not limited to a re-evaluation of the pertinent scores for the Property, to determine the potential impacts or changes to the allotments awarded in this 2002 GMQS competition if Section 2.9.11 requiring a solar hot water system was eliminated. It was determined that the house now built on Lot 1 Lind -Koppel Subdivision in association with the 2002 GMQS allotment meets or exceeds all commitments made in the GMQS process and that the elimination of the solar hot water system would not change any of the allotments awarded in the 2002 Rural Area GMQS competition. NOW, THEREFORE, Owner declares and acknowledges that: 1. Elimination of Section 2.9.11. All the terms, covenants and conditions in the Protective Covenants and the Additional Covenants shall still apply to the Property and shall run with ownership of the Property and be a burden and a benefit to the Owner and its successors and assigns in the Property EXCEPT Section 2.9.11 of the Protective 000942 14b04 , Covenants which is no longer valid. A solar hot water system is no longer required for Lind -Koppel Subdivision Lot 1. 2. Enforcement. These Covenants shall be specifically enforceable by Pitkin County, Colorado and its successors by any appropriate action, legal or equitable. Pitkin County may resort to any and all available legal action, including but not limited to judicial relief in the form of an injunction in response to a violation of these Covenants. 3. Legal Fees. If the parties resort to any litigation arising from these Covenants, the prevailing party shall be awarded, in addition to any other remedy to which it is entitled, its reasonable attorneys' fees and costs incurred in such litigation. IN WITNESS WHEREOF, Owner has executed these Covenants as of the day and year forth below in the notarization of Owner's signature. STATE OF ss. COUNTY OF OWNER: RSS Living Trust By: Name: Ryan Scott Steelberg Title: Trustee The foregoing instrument was acknowledged before me this day of , 2014, by Ryan Scott Steelberg as the Trustee of the RSS Living Trust. My commission expires: Witness my hand and official seal. Notary Public PITKIN COUNTY: Cindy Houben Director of Community Development Approved as to form: John M. Ely, Esq. County Attorney 08OU3 2 Exhibit A Legal Description of the Property Lot 1, LIND-KOPPEL SUBDIVISION, according to the Plat thereof recorded April 11, 1990 in Plat Book 24 at Page 11 as Reception No. 321683, and First Amended Plat of the Lind -Koppel Subdivision recorded October 19, 2005 in Plat Book 76 at Page 33 as Reception No. 516469 and the Second Amended Plat of Lot 1 of Lind -Koppel Subdivision recorded February 10, 2009 in Plat Book 90 at Page 40 as Reception No. 556326. COUNTY OF PITKIN STATE OF COLORADO Pitkin County Assessor Parcel Identification No. 2645 11101 001 DOODA4 A-1 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Mike Kraemer PHONE: (970) 920-5093 LOCATION: 3500 Snowmass Creek Road LOT SIZE: 75.65 acres APPLICANT: RSS Living Trust REPRESENTATIVE: Glenn Horn DATE: 9/23/14 E-MAIL: Michael.kraemer(a)oitkincounty.com PID# 2645-111-01-001 ZONE: RS -30 Type of Application: Minor Amendment to Development Permit EMAIL: ghorn@rof.net Description of Project/Development: Applicant is requesting to amend the 2002 residential GMQS application to change the type of hot water heater. The original application required a solar hot water heater. The protective covenants required a solar hot water heater. The applicant did not install a solar hot water heater. Land Use Code Sections to Address: • 2-20-150(b): Minor Amendment to Development Permit Review by: Community Development Director Public Hearing: NO FEES: $936 (make check payable to "Pitkin County Treasurer") • $936 Planning flat fee (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $312/hour) To apply, submit 1 copy of the following information, unless noted otherwise: 1. Summary letter explaining the request, summarizing prior approvals and addressing compliance with the Code sections listed above. 2. 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. 3. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 4. Total fee for review of the application 5. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached); 6. Consent from owner to process application and authorizing the representative (1 copy) 7. Copy of this preapp form (1 copy) NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPIES OF YOUR COMPLETE APPLICATION. Other copies may be two-sided. ➢ INCLUDE THE PARCEL ID NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000045 Ryan Scott Steelberg Trustee of the RSS Living Trust 32 Blue Heron Irvine, CA. 92603 September 23, 2014 Mike Kraemer City of Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 RG: Authorization to Submit a Land Use Application for Lind -Koppel Subdivision Lot I Property, Parcel ID # 2645-111-01-001 Dear Mike: The RSS Living Trust, Ryan Scott Steelberg Trustee, is the owner of Lind -Koppel Subdivision Lot 1. As the property owner, this letter authorizes Davis Horn Incorporated to submit a land use application on behalf of the Trust and to represent the Trust in the land use review process. The application is for a Minor Amendment to a Development Permit to amend a GMQS approval and to amend the covenants that memorialized the conditions of the GMQS approval.. Glenn Horn or Alice Davis of Davis Horn Incorporated can be reached at 970 925-6587 and are located at 215 South Monarch Street Suite 104 in Aspen Colorado. The parcel identification number (PID) for the property is 2645-111-01-001 Sincerely, RSS living Trust �F Rygli Scott Steelberg, Trustee 900046 14*C h hvn+ 9 PI I'KI\ COUNTY COM1lMUNITY DI:V(?LOPh'IEN't' Dr:PARTD,II:N1. AGRI[1;41_ENT FPOK PAYUEN1_UP LAND USE APPLICA'rl0\_FEESS, III 'rKI\CO('\TYthercin:dier-000NTY-)and (hereinafter "APPLICAV"I ... ) AGREE AS EOLLU\i'S: _. L APPLICAN Hitt, submitted to C'( _(: G. "- ;),IYv,iwl f3Q,da.:_(_f_._ Jhcremaltel.life "PROOc-I..) ._ 2. APPLICANT understands and agrees that Pitkin County Ordinance No 30-2009 establishes a fee suu,:wre for land use applications and the payment of all processing lees is if condition precedent to it determination or application compietrucss. rbc ree su-ucturc is based on the COt:\'1'Y'S policy that decelopnlent shall pa), in till. the cost of development renew in the COUNTY. Pre, have been set to be consistent and fair to the public and to rellect the cxpenac incurred in providing such ,el\ iccs to the public. ?. APPLIC ANF and COC\ I Y agree that bccatlsc of the site. nature or scope orthe proposed PROlLC L It may not be possible at the tittle of application Io ascertain the loll extent of the costs involved in processing the application. J. APPLICANTand C'OUN'TY aerce that lies chnged for the processing of land use applications shall acannid;uc Wall application include; more than one IN Pe of Ind use review. COUN'rl' and APPLICANT further agree that it is impracticable Ibr COI.NTY staff to complete processinC, or present Wflicient information to the Planning Commission and•or Board of County Commissioners n1 enable the Planning Commission and/or Board of C'ountCommissioners to make legally required (findings for project approeaL unless ulrrent billings are paid in fill prior to decision. h. Therefore. APPLICANT agrees that in consideration of the COUNTY'S wairer of its right to collect fill fees prior to it determination of application completeness, APPLICANT shall pa} a base lee in the amount of S `t': U I% hich is baiedi on hours of staff lints. and if actual lime spent be muff to process the application exceeds the m erngc ntunher of hours b} more than 20", then file COU\'I Y drill bill the APPLICANT quarterly for the additional time spent. Such pet mdic pat counts shall be made within 30 days of the billing (tale. APPLiCAN F further agrees that failure to pm 'udt accrued costs .hall be grounds for suspension of processing. PITKIN COUNTY 'l("APPLICANT") Cindy tluahen Cmrnuunity Det elopment Director 000047 Print lame and Title (if applicable) f. tUnto: ` � - Mailing Address: Ofthmtrrt !D RECEPTION#: 595544,12/2812012 at 04:08:02 PM, 1 OF 3, R $21.00 DF $0.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Waas Campbell Rivera Johnson & Velasquez LLP Attn: J. Bart Johnson, Esq. 420 E. Main St, Ste. 210 Aspen, CO 81611 SPACE ABOVE THIS LINE FOR RECORDER'S USE SPECIAL WARRANTY DEED [Convenience Deed for No Consideration] THIS SPECIAL WARRANTY DEED is dated as of this904�day of December, 2012, between RYAN SCOTT STEELBERG ("Grantor'), whose address is 32 Blue Heron, Irvine, California 92603, and RYAN SCOTT STEELBERG, TRUSTEE OF THE RSS LIVING TRUST, DATED APRIL 6, 2012 ("Grantee'), whose address is 32 Blue Heron, Irvine, California, 92603. WITNESSETH, that Grantor, a married man, as his sole and separate property, has granted, sold and conveyed, and by these presents does grant, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, all of the following described real property in the County of Pitkin, State of Colorado, together with all rights, privileges and easements appurtenant thereto and all improvements located thereon (collectively, the "Pro a "): Lot 1, Lind -Koppel Subdivision, according to the Plat thereof recorded April 11, 1990 in Plat Book 24 at Page 11 as Reception No. 321683, and First Amended Plat of the Lind -Koppel Subdivision recorded October 19, 2005 in Plat Book 76 at Page 33 as Reception No. 516469 and the Second Amended Plat of Lot 1 of Lind - Koppel Subdivision recorded February 10, 2009 in Plat Book 90 at Page 40 as Reception No. 556326. TOGETHER WITH any and all water and water rights, structures and structure rights, wells and well rights and well permits, and all other water resources benefiting, used in conjunction with or otherwise appertaining to the Property, including, but not by way of limitation, the following described water rights and water resources: • An undivided sixty-two and one-half percent (62.5%) interest in and to 1.135 c.fs. decreed to the Walter Ditch Priority No. 55 water right, originally decreed for 2.4 c.fs. in Civil Action No. 132, Garfield County District Court, with an appropriation date of April 2, 1883, and an adjudication date of May 11, 1889, according to the Agreement recorded May 31, 1991 in Book 647 at Page 414, Pitkin County records; • An undivided sixty-two and one-half percent (62.5%) interest in and to 0.94 c.fs. decreed to the Walter Ditch, Priority No. 296 water right, originally decreed for 1.99 c.fs. in Civil Action No. 3082, Garfield County District Court, with an appropriation (no022709/ I ) 000043 date of April 2, 1890 and an adjudication date of August 25, 1936, according to the Agreement recorded May 31, 1991 in Book 64 7, Page 414, Pitkin County records; • State Engineer's Office Well Permit Nos. 27493, 273715 and 273716; • Rights and obligations associated with the pending action in Case Nos. 06CW268 and 06CW269, Water Division S. • All water, water rights and any other benefits conferred under the Findings And Order Concerning The Inclusion Of Land In The Basalt Water Conservancy District signed by Judge Denise Lynch of the Garfield County District Court dated April 24, 2004 and recorded in Pitkin County, Colorado at Reception No. 537453; • All water, water rights and any other benefits conferred under the Memorandum Of Water Allotment Contract signed by Arthur Bowles of the Basalt Water Conservancy District on April 10, 2007, recorded in Pitkin County, Colorado at Reception No. 538358, including all water and water rights conferred by the Water Allotment Contract No. 517 (dated April 10, 2007), referenced in the Memorandum of Water Allotment Contract. TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property unto Grantee, its heirs, successors and assigns forever. AND Grantor, for himself, and his successors and assigns, covenants and agrees that he shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its heirs, successors and assigns against all and every person or persons who lawfully claims the Property or any part thereof, by, through or under Grantor, subject to the matters of record as of the date hereof. IA0022709/ I 000049 [SIGNATURE PAGE FOLLOWS) i� IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first written above. RYAN BCOTT STEELBERG STATE OF CALIFORNIA ) COUNTY OF o R q4 0 r ) ss. On December —Q 2012, before me, Nei o6 I%li 4 $ �, Notary Public, personally appeared Ryan Scott Steelberg, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature / I/ My commission expires 2. I [{ • got (A0022709/1 I 000059 HEIDEN VJYMSH N , °" Mir a „, 4Eceum u tole RECEPTION#: 580265, 06/01/2011 at 10:02:17 AM, 3 OF 6, Janice K. Vas Caudill, Pitkin County, CO 2. Area 2. No development shall be permed within Area 2 as shown on the Second Amended Plat, except that the following activities and uses are permitted in Area 2: (a) Construction, operation, maintenance, repair and replacement of a fire protection pond as depicted on the Site Plan; (b) Construction, operation, maintenance, repair and replacement of an irrigation and wildlife enhancement pond and littoral shelf as depicted on the Site Plan; (c) Construction, operation, maintenance, repair and replacement of driveway improvements, bridges, a fire truck turnaround, related improvements and enhanced landscaping and tree plantings as depicted within Activity Envelope #5 on the Site Plan; (d) Drilling, installation, operation, maintenance, repair and replacement of a water well and related equipment within Activity Envelope #4 as shown on the Site Plan; (e) Agricultural activities, including: irrigation of the land; maintenance, repair, improvement and operation of irrigation ditches; installation and maintenance of any irrigation pipes, pumps, sprinklers and similar equipment or sprinkler systems; installation and maintenance of my piping, ditches or features related to the irrigation of the Property, haying of fields; grazing of livestock; (f) Wood rail fencing provided that such fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view) and shall have at least eighteen (18) inches between the lower two (2) mils; (g) Wire fencing provided that such fencing most be three (3) strands or less. The top wire should be a twelve- point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum of twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. 3.f€ tI Z These Covenants are intended to supplement and in some cases amend the Pre -Existing Covenants. To the extent of any conflict between these Covenants and the Pm - Existing Covenants, these Covenants shall control. 4. fencine All fencing developed within approved building envelopes on the Properly shall comply with the standards described in Sections I (b), 1(c), 2(f) and 2(g) above. 5. Run with the Land. These Covenants shall constitute covenents that run with the title to the Properly for the benefit of Pitkin County, Colorado. Each and every conveyance of the Property for all purposes shall be deemed to include and incorporate these Covenants even without reference therein to these Covenants. 6. Enforcement. These Covenants shall be specifically enforceable by Pitkin County, Colorado and its successors by any appropriate action, legal or equitable. Pitkin County pm 11 t 3 000051 RECEPTION#: 580245, 06/01/2011 at 10:02:17 AM, 4 OF 6, Janice K. Voe Caudill, Pitkin County, CO rosy resort to any and all available legal action, including but not limited to judicial relief in the form of an injunction in response to a violation of these Covenants. 7. Lewd Fees. If the parties resort to any litigation arising from these Covenants, the prevailing party shall be awarded, in addition to any other remedy to which it is entitled, its reasonable attorneys' fees and costs incurred in such litigation. IN WITNESS WHEREOF, Owner has executed these Covenants as of the day and year forth below in the notarization of Owner's signature. OWNER: 1999 RS In net Trust ey Name: Chad teelb Tile: Trustee STATE OF CALIFORNIA ) ss. COUNTY OF Dy'pi , ) The foregoing instrument was acknowledged before me this At_ day of fin fV.0,Y4 . 2010, by Chad Steelberg as the Trustee of the 1999 RS International Trust. J My commission expires: 01 1301 U\J� Witness my hand and official seal. X �ks;ri 48aEt-i iFlataar 0 CONY.I190f191 aYYr9Yll •raaYas S OaAaar COUNTY � NW.malsrAl. m!r tA00000Yi I 000052 I RECEPTION!: 580245, 06/01/2011 at 10:02:17 AN, 5 OF 6, Janice K. Vo9 Caudill, Pitkin County, CO PITKIN COUNTY: Cindy H c Community Development Director Approved w to forth_ John M. Ely, Coun o 000053 RECEPTION#: 580245, 06/01/2011 at 10:02:17 AM, 6 OF 6, Janice K. Von Caudill, Pitkin County, CO Exhibit A Legal Description of the Property Lot 1, LIND-KOPPEL SUBDIVISION, according to the Plat thereof recorded April 11, 1990 in Plat Book 24 at Page 11 as Reception No. 321683, and First Amended Plat of the Lind -Koppel Subdivision recorded October 19, 2005 in Plat Book 76 at Page 33 as Reception No. 516469 and the Second Amended Plat of Lot I of Lind -Koppel Subdivision recorded February 10, 2009 in Plat Book 90 at Page 40 as Reception No. 556326. COUNTY OF PITKIN STATE OF COLORADO Pitkin County Assessor Parcel Identification No. 2645 11101001 leuanaan,it 000054 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00036863 Name: DAVIS HORN INC Date:9/25/2014 Project Address: 3500 SNOWMASS CREEK RD Type: check # 15118 Permit Number Fee Description Amount 0084.2014.PLAN PP- Flat Fee 936.00 Total: i0 -r 1 936.00