HomeMy WebLinkAboutpitkin.planning.273707200011 (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)
Parcel ID: 2737-07-2-00-011 Application Date: 11/25/14
Description: Red Mountain Willoughby Assoc LLC Minor Amendment to a Development
Permit
Project Address: 99 WILLOUGHBY WAY, ASPEN, CO 81611
Property Owner: RED MOUNTAIN WILLOUGHBY Address: 10 BANK ST, STE 1220
ASSOC WHITE PLAINS, NY 10606
Owner's REP: TOM NEWLAND Address: 417 ORIGINAL RD
BASALT, CO 81621
REP's Email: tom@npri.co
Referrals:
Comments Due Date:
Meetings: 1st Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
Other Referrals:
2nd Meeting:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 009-2015 #617524
Other Information:
VR Approval Date:
VR Expires Date:
Remarks: no vested
Plat Recorded Date: 02/19/2015
Plat (Bk, PG): B109 P44 #617525
Application Type: MinorAmendment to a Development Permit
Case No: P100-14
Planner: Mike Kraemer
# Copies: 1
Allocated Hours: 3
% Over Hours: 3.6
Owner Phone:
REP's Phone: (970) 618-9922
3rd Meeting:
RECEPTION#: 617524, 02/1912015 at
12:15:22 PM,
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 RED MOUNTAIN
WILLOUGHBY ASSOC LLC MINOR AMENDMENT TO A DEVELOPMENT PERMIT
Administrative Decision No. 9 -2015
RECITALS
Red Mountain Willoughby Assoc. LLC (hereafter referred to as "Applicant") has applied to
Pitkin County Community Development Director ("Director") for a Minor Amendment to a
Development Permit to amend a previously approved Activity Envelope to bury existing overhead
utility lines owned by Holy Cross Electric.
2. The Lot is located at 99 Willoughby Way and is a metes and bounds parcel legally described in
Attachment A. The Lot is zoned R-30 and contains approximately 5.1 acres.
The Lot is subject to a previous Activity Envelope and Site Plan approval recorded under
Administrative Decision No. 29-2014 (Rec. No. 609644) with the Site Plan recorded at BK 107
PG 30-32. Board of Adjustment approvals were granted for east and west side yard setback
variances, BOA Resolution No. 05a-2014 (Rec. No. 611351) and BOA Resolution No. 05b-2014
(Rec. No. 611350), respectively.
4. Holy Cross Electric has provide a signed approval for the burial of the overhead electric line.
The Director finds that the Applicant has provided for a burial alignment that avoids 45% slopes, is
consistent with previous approvals and will not violate any Land Use Code standard or requirement.
The Director further finds that the proposal will not violate any other standard located in Section 2-
20-150(b) and the amendment request 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.
2. Prior to submission of any future permit applications, the Applicant shall be required to submit for
approval by the County Attorney and Community Development an amended Site Plan in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The
above referenced approvals shall be a condition precedent to finalization and recordation.
3. Prior to the overhead electric line burial, the Applicant shall submit for an earthmoving permit
that illustrates the approved alignment, proposes a revegetation plan that is implemented using
species in the surrounding area, and shows proof of a legal irrigation water supply.
Administrative Decision No. / 2015 Page 1 of 3
4. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with
this property.
APPROVED AND ADOPTED this IJ14ay of 2015.
APPROVED AS TO CONTENT:
:::;L /-I I � �
C�
Cino H ,
Community Development Director
Parcel ID#: 273 707200011
Case #100-14
Administrative Decision No. 2015 Page 2 of 3
Attachment A
Legal Description
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county of RtVn, State of Cobmdv
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143.5 int to the POW of begInnliV.
Administrative Decision No. _ 9 - 2015 Page 3 of 3
November 25, 2014
Mike Kraemer
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: REQUEST FOR AN AMENDMENT TO AN EXISTING SITE PLAN —
PARCEL ID #2737-072-00-011
Dear Mike
Please accept this letter as my clients' request to obtain a minor amendment to the
existing Site Plan for their property at 99 Willoughby Way. According to the Land Use
Code ("Code') we must provide a summary letter explaining the request, background
information on prior approvals and permits, a draft amended Site Plan, and show
compliance with the Code Sections listed within the Pre -application Conference
Summary.
BACKGROUND INFORMATION
The subject property for this request is located at the northwest corner of Willoughby
Way and Red Mountain Road. RMWW Holdings, LLC, RMWW Holdings 25 Year APRT,
and RMWW Holdings 30 Year QPRT (hereinafter the "applicant') seeks this amendment
to the existing site plan to bury existing overhead utilities as they cross the property.
LAND USE CODE SECTIONS TO BE ADDRESSED
Sec. 2-20-150: Minor Amendment to a Development Permit
The applicant has received land use approval, an Earthmoving Permit and has applied
for a building permit for development of the property (See ATTACHMENT 2). This minor
amendment ,viil revise the Activity Envelope and site design to include burial of the
overhead utilities. The revisions shown on ATTACHMENT 3 will allow for the burial of
utilities over the entire property by extending the Activity envelope on the northeast
side of the property.
According to Section 2-20-150 of the Code, a minor amendment to any development
permit must meet the following criteria:
.I a e119-c,,6,II, _ E , r , u L ,.. f Iq e . n,i , 31-1
000001 o -P yo
1) Is consistent with the actions taken during previous development approvals for
the property.
The proposed amendment does not alter the actions previously taken and is
consistent with the approvals granted, which are for residential use.
2) Does not change the use of the proposed development between residential,
commercial and tourist accommodation uses.
The use of the property will remain residential under the proposed amendment.
3) Does not change the basic character of the proposed use of land on which the
activity occurs, including basic visual appearance and method of operation.
The layout of the site plan stays the same. The burial of overhead utilities will
actually enhance the visual appearance of the property by removing the existing
overhead wires.
4) Does not constitute a new land activity.
Overhead utilities currently exist on the property, and this amendment will allow
them to be buried underground.
5) Does not increase off-site impacts in the surrounding neighborhood.
No off-site impacts will occur under the proposed amendment. The utility ditch
will be filled, compacted top -soiled and revegetated with similar, local
vegetation.
6) Does not endanger the public health, safety or welfare.
When completed, the revised site plan will not present any dangers to the
general public. The potential danger of disrupted electric and phone service will
be reduced by the burial of these utilities.
7) Does not violate any Land Use Code standard.
No land use standards appear to be violated by this request. Below is our
response to the applicable land use standards, including Sections 7-20-10: Site
Preparation and Grading; Section 7-10-20: Steep and Potentially Unstable Slopes;
Section 7-20-120: Scenic View Protection; and 7-20-130: Landscaping and
Vegetation Protection,
REOUESTFOR AN AMENDMENT TO AN EXISTING SITE PLAN- Pagez
PARCEL ID #�l3Yo)o-oR-oae
000002
8) Does not substantially increase the need for on-site parking or utilities, or affect
affordable housing generation.
The proposed landscape and site plan revisions will not require additional
employees, will not require additional parking, and will not require additional
utilities.
9) Does not increase floor area of the use by more than five percent or decrease the
open space on the site by more than five percent.
No additional floor area is requested. The open space will remain the same.
Section 7-20-10: Site Preparation and Grading
(a) Grading and Fill Placement
After the utilities are buried, the existing contours will be reclaimed and the site
topography will be the same as the pre-existing condition. All grading will continue to
be contained within the approved Activity Envelope as amended. No change in the
elevation of the existing grading will result from the work.
(b) Clearing, Grubbing, and Vegetation Removal
All clearing, grubbing and vegetation removal will be contained within the approved
Activity Envelope as amended. The alignment of the utility trench has been designed to
avoid existing trees and shrubs on the property.
(c) Tree Removal and Mitigation
It appears that the existing trees will not need to be removed. However, if trees greater
than 6" caliper are removed, they will be replaced as per the requirements in the Land
Use Code.
(d) Protection of Natural Terrain
The applicant agrees to implement appropriate design and construction techniques to
lessen and mitigate the physical and visual damage to the site as follows:
(1) REVEGETATION
The Site Plan will continue to utilize native or similar horticultural material, and
will be completed during the first planting season after construction.
REQUEST FOR AN AMENDMENT TO AN EXI5 TING SITE PLAN- P.',
PARCEL ID #z,, ., ..--
000003
(2) TOPSOIL
Topsoil will be removed, stored and replaced on the utility cut.
(3) WEED PREVENTION
The existing site is weed -free. To prevent possible weed infestation, seed mix
used in revegetation efforts will be certified as weed -free and revegetation
efforts will be put in place as soon as possible after disturbance.
(4) UTILITY INSTALLATION
Utility installation will be underground, as this is the reason for the land use
amendment.
(5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT
Disturbance of ground vegetation shall be limited to the approved Activity
Envelope. A Stormwater Discharge Permit from the State has been issued for
the project. Stormwater management practices will be utilized to prevent off-
site erosion of filled material.
Section 7-20-20: Steep and Potentially Unstable Slopes
The proposed extension of the Activity Envelope does not contain slopes exceed 45%.
Those areas have been omitted from the proposed Activity Envelope extension (see
proposed Amended Activity Envelope and Site Plan).
Given that the utility line needs to go up the property from south to north, there is no
alternative building site with slopes of less than 30%. The applicant will make sure that
the burial of these utilities comply with Section 7-20-20(c)(1) of the Code. No building
permit will be required for the utility burial, and best management practices will be used
to mitigate erosion during revegetation. The work will specifically conform with Section
7-20-20(c)(1)(c) regarding construction standards.
Section 7-20-120: Scenic View Protection
The standards in this section of the Code are designed to minimize the visual impact of
new development when viewed from designated road corridors, as well as to preserve
the rural character of all Rural Areas of the county. After reviewing the Scenic
Protection Area Maps at the Pitkin County Community Development Department, it
appears that the subject property is located in a designated Scenic Protection Area, as it
REQUEST FOR AN AMENDMENT TO AN EXISTING SITE PLAN- P'i,'
PARCEL ID #2737 -OP -00-011
000004
has been determined to be a parcel of land that is proximate to and visible from a
specific road listed in the Land Use Code, namely Maroon Creek and Owl Creek Road.
Since the property is located within a designated Scenic Protection Area, the proposed
development is subject to the Development Standards cited within this section of the
Land Use Code. The applicant believes that the revisions to the site plan will have no
significant visual impact on the viewshed from these County Roads; in fact the burial of
the overhead utility lines will actually have a positive visual effect on the view of the
property. The buried utility line when revegetated will be indistinguishable from the
surrounding grades and vegetation.
Being that the parcel has already received an approval that included scenic view
protection review, and no structures are being added or relocated, the applicant
proposes that no change in the existing approvals are needed other than the activity
envelope and site plan revisions requested.
Section 7-20-130: Landscaping and Vegetation Protection
The purpose of this code regulation is to preserve existing vegetation on development
sites to the maximum extent consistent with the permitted development; to ensure
that specific types of man made improvements are screened from view in order to
preserve the rural character of the County; and to prevent the use of landscaping in
ways that would compromise the rural character of the County. The criteria are as
follows:
(I) PROTECTION OF NATURAL VEGETATION
In order to protect the rural character of Pitkin County, natural vegetation should
be preserved to the maximum extent practicable, and any installed
landscaping shall use the species plant materials naturally occurring on the site
or on neighboring properties (except for flower gardens).
All existing vegetation shall be preserved to the maximum extent
possible, and vegetation proposed for covering the utility trench will
utilize naturally occurring species.
(2) CONFORMANCE WITH WILDFIRE REGULATIONS
In the event the provisions of this Sec. 7-20-130 conflict with any provisions of
Sec. 7-20-60 (Wildfire Hazards), as those requirements may be varied by a
wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall
govern.
All activities required by the existing approvals for conformance with
wildfire regulations will be followed.
REDDEST FOR AN AMENDMENT TO AN ENISTIN6 SITE PLAN— Page 5
PARCEL ID #.,,.7.-oo ov
000005
(3) BERMS
Berms may be incorporated into any required landscaping, buffering, or
screening area, provided that the County determines, during the development
approval process, that the proposed berms will not cause drainage or erosion
problems. No installed berm shall have a slope of greater than four -to one
(4:1), nor a height greater than four (4) feet above grade.
No berms are proposed in the amended Site Plan.
(4) LANDSCAPE ENCLOSURES
Landscaping shall not be used to mark or enclose the boundary of a parcel, or
to privatize an otherwise public viewplone. Use of indigenous shrubs or
trees to enclose a portion of the property immediately surrounding a
dwelling, barn, and/or accessory buildings (as opposed to the entire property
or a large area of the property) are permitted if made to resemble similar
windbreaks located near older properties in Rural Areas of the County.
No landscape enclosures are proposed in the amended Site Plan.
(5) VISIBILITY CLEARANCE
All landscaping shall be installed and maintained so that it does not interfere
with the ability of drivers to see nearby traffic at the intersection of any
driveway with a public road, or at the intersection of two public roads.
Visibility clearances will not be impacted by improvements within the amended
Site Plan.
(6) UTILITY EASEMENTS
Whenever the provisions of this Sec. 7-20-130 would require the installation of
trees or shrubs over or on utility easements, where branches or roots might
interfere with utility lines or pipes, the required location for such trees and
shrubs shall be modified to require installation at the closest location that
would avoid potential conflicts with utilities and would enable the trees and
shrubs to serve the some landscaping purpose.
A new utility easement will be granted to Holy Cross Electric following the
burial of the utilities. This easement will replace the existing easement
for overhead lines. Natural, existing ground cover will be used to cover
the trench after the burial is complete.
REOUESTFOR AN AMENDMENT TO AN EXISTING SITE PLAN— Page 6
PARCEL ID #2] 07300011
000006
(7) FINANCIAL SECURITY
The Community Development Department may require financial security in a
form acceptable to the County Attorney to ensure completion of installation
of all required landscaping and/or successful establishment of plants.
Financial security shall be submitted if required during the Earthmoving
Permit approval process.
(8) MAINTENANCE
All plants shall be maintained continually in a healthy condition in
accordance with generally accepted professional horticultural standards
and practices. Within areas required to be landscaped with installed plant
materials, plants that die or are unhealthy shall be replaced. Landscape
areas shall remain free of weeds, litter, junk, rubbish and other nuisances
and obstructions.
Maintenance of planted groundcover is in the best interests of the
property owner and will be conducted after planting is complete.
SUMMARY
Based on the information submitted in this letter, we believe that the proposed
amendment to the existing Activity Envelope is in compliance with all applicable
standards of the Land Use Code. Thank you for considering this request. If you have
any questions or requests for additional information, please contact me at 927-4645 or
tom@npri.co.
Sincerely,
Tom Newland,
Newland Project Resources, Inc.
REQUEST FOR AN AMENDMENT TO AN EXISTING SITE PLAN- Page)
PARCEL ID #2Ja7'0E-00 av
000001
ATTACHMENTS
ATTACHMENT 1
Pre -Application Conference Summary
ATTACHMENT 2
Land Use Approvals for the Property
ATTACHMENT 3
Proposed Amendment to the recorded Site Plan for the Property
ATTACHMENT
Proof of Ownership for the parcel
ATTACHMENT 5
Parcel Description, legal description and Vicinity Map
ATTACHMENT 6
Signed Agreement Form
ATTACHMENT 7
Consent for Owner to process application and authorizing the
representative
REQUEST FOR AN AMENDMENT TO AN EXISTING SITE FLAN -
PARCEL ID#2�op-oo-one
it v�ivV..%
ATTACHMENT
Pre -Application Conference Summary Sheet
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
LOCATIONS: 99 Willoughby Way PID#:273707200011
ZONING: R-30 OWNER: RM W W Holdings, LLC,
RM W W 25 Year QPRIand RM W W
Holdings 30 Year QPRT
REPRESENTATIVE: Tom Newland PHONE and EMAIL: 618-9922; lom�dnprix
DATE: November 24. 2014 PLANNER: Mike Kraemer, 920.5482
Type of Application: Minor Amendment to a Development Permit
Description of Project/Development: "I he Applicant is requesting to amend a previously approved
Site Plan in order to bury existing overhead utility lines.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-20-150: Minor Amendments to a Development Permit
Staff will refer the application to the following agencies:
Review by: Community Development Director
Public Hearing: No. DD
FEES: FEES: 596f(make check payable to "Pitkin County 'Treasurer-)
• Planning Office flat fee: $936 (non-refundable; based on 3 hours of staff time for review); if
staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3
hours at a rate of $312/hour)
To apply, submit 1 unbound copy of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits,
and addressing compliance with the Code sections listed above.
2. 24" by 36" and I I' b1' 17" Amended Activity Envelope as designated in Section 2.1.1 of the
Pitkin County Land Use Application Manual:
3. Previous Land Use Approvals:
4. Scenic View Protection Lxhibits as designated in Section 2.1.12 of the Pitkin County Land
Use Application Manual.
5. Disclosure and proof of ownership of the property, consistingof 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 propeny 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.
6. Parcel description, including legal description and vicinity map;
7. dotal fee for review o1'the application:
8. Signed fee agreement O copy):
9. Consent from owner(s) to process application and authorizing the representative (I copy)
10. Copies of this pre -app form
REDDEST FOR AN AMENDMENT TO AN EXISTING SITE PLAN— Puge9
PARCEL to#2B7Oo -oo o¢a
00000%
NOTES:
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PARCEL IDs SI(Ot ED BE 1 %CIL )FI) O.F ALL DOCL 1i(,,\ IS LVCIL OLD 1A' IOCR APPL1GO10,A'
> ALL MAPSSILALL RE FOLDED.
This preappllranan conference sunmmrr is ndrBorA irr nnnve nMTrot 6ircding on the Cavnfe. Thelnfo,no' "
prnrlded In tlriovnnrnary , bnmd on earrenI coning inland v de and.noffs imerpreulions basad upon
rrepreeW,o,ns ojlh, applicmu. Additionalinjnrnmtinn rnm-be required upnnncompkle review of Ih,
app[icadnn
> The Pitkin County Land Use Code and Application Manual is available on-line at.
hurl <=Ariit, aspenpitkin.com;Deparunents,'C'ommunily-De, clopm, u(_1,_iLm CourrtrPlannilvg-
mul-Znnine2and-Iive:
REQUEST FORAM AMENDMENT TO AN EXISTING SITE PLAN- Page ao
000010 PARCEL ID 4n117 .'2 oaov
ATTACHMENT
Land Use Approvals for the Property
REOUESTFOR AN AMENDMENT TO AN EXISTING SITE PLAN— Page as
PARCEL ID #2DD-op-00 Rv
000011
s
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING AN EAST SIDE YARD SETBACK VARIANCE FOR
107 WILLOUGHBY WAY
20
a 0v, Resolution No. 05a-2014
mWHEREAS, RMW W Holdings LLC, owner of 107 Willoughby Way, is requesting a 20' East Side
SO
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e Yard Setback Variance where 20' is required, for improvements to landscaping and an existing
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u pond which will change the grade more than 30" in height; and
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y] a WHEREAS, the property contains 1.48 acres and is located in the R-30 zone district; and
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zp g $; WHEREAS, the property is described as Parcel 1, Cronin Associates Subdivision; and
6 ffi rc >' WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
W w a a virtue of Section 2-10-30(d) of the Pitkin County Land Use Code, and,
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WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
Endings:
1. Proper notice procedures, including the notification of all adjoining property owners, has been
sbown by the appliram.
2. The required hardship or practical difficulty has been established
3. Granting such relief will not cause substantial detriment to the public welfare _;y will iic!
_ substantially impair the intent andpurpose ofthe Zoning Resolutions and the aoaing map::: ,
NOW, THEREFORE, BE rr RESOLVED by the Board of Adjustment that a 20' East Side yard
Setback Variance be granted for the landscaping and pond improvements shown on Exhibits A and
B due to topographic hardships.
WARNING: Amy violation of the terms of this resolution may result in rehearing and possible
1 revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: June 17, 2014
ATTEST:
libanna S. a, Data
Pitkin County Zoning Officer
Paul IDM 277707200013
000012
Date
Co -Chair, Board of Adjustment
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a'n Y WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
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w a o : virtue of Section 2-10-30(d) of the Pitkin County Land Use Code; and,
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WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, has bem
shown by the applicant
2. The required hardship or practical difficulty has been established ..
.. 3. Granting such relief will not cause substantial detriment to the public welfareand willnot
"substantildlyimpav the intent and purpose of the Zoning Resolulionsmd.the zoning maps. -
NOW, THEREFORE, BE rP RESOLVED by the Board of Adjustment that a 20' West Side Yard
Setback Variance be granted fm the landscaping and pond improvements shown on Exhibits B - D
due to topographic hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: June 17, 2014
ATTEST:
douma S. r ey Date
/Pitkin County Zoning Officer
Pmod R3# 273707200011
onoiG
lHemad, Date
Co -Chair, Board of Adjustment
RESOLUTION OF THE P1TKIN COUNTY, COLORADO
-. BOARD OF ADJUSTMENT
GRANTING A WEST SIDE YARD SETBACK VARIANCE FOR
99 WILLOUGHBY WAY
�v
B Fes,
Resolution No. 051-2014
v �
WHEREAS, Red Mountain Willoughby Associates, owner of 99 Willoughby Way, is requesting a
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20' West Side Yard Setback Variance where 20' is required, for improvements to landscaping and
a
an existing pond which will change the grade more than 30" in beight; and
gog U
iS
o
WHEREAS, the property contains 5.5 acres and is located in the R-30 zone district; and
m e �
k j $ > WHEREAS, the property is more fully described in Exhibit A; and
0
a'n Y WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
W u q
w a o : virtue of Section 2-10-30(d) of the Pitkin County Land Use Code; and,
Ke..>
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, has bem
shown by the applicant
2. The required hardship or practical difficulty has been established ..
.. 3. Granting such relief will not cause substantial detriment to the public welfareand willnot
"substantildlyimpav the intent and purpose of the Zoning Resolulionsmd.the zoning maps. -
NOW, THEREFORE, BE rP RESOLVED by the Board of Adjustment that a 20' West Side Yard
Setback Variance be granted fm the landscaping and pond improvements shown on Exhibits B - D
due to topographic hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: June 17, 2014
ATTEST:
douma S. r ey Date
/Pitkin County Zoning Officer
Pmod R3# 273707200011
onoiG
lHemad, Date
Co -Chair, Board of Adjustment
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL ONE
A had of parcel of land si uats in the Brown Placer, U.S. Survey No. 15047.
N the Northwest quarter of the Northwest quarter (NWI14NW1/4) of Section 7, Township 10 South, Range 54 West of the
SiAh Principal Mardan, and more partlwlary described as foltows;
BeginnMg at a point from vi nichC imer Number 14 of said Bmwm Placer Mining Claim bean S 80'22'E 162.56 feet
thence N 10'03' E 185.10 feet to Comer Number 2;
Hence N 14'57 W 321.53 feet to Comer Number 3;
thence N 25'14W 264.17 feet to Caner Number 4;
thence S 15'30' W 149.28 feet to Caner Number 5;
Name S 88'48' W 196.46 feet to Caner Number 6;
thence S 3'30' W 459.33 fed to Caner Number 7;
thence S 48"19' E 180.90 feet to Cotner Number 8;
thence 5 89'13' E 285.01 tad To The Point Or Beginnhg.
SAID PARCEL IS MORE ACCURATELY DESCRIBED AS FOLLOWS:
A tract of parcel of land situate in fire Brown Placer, U.S. Survey No. 15047,
In the Northwest quarter tithe Northwest quarter (NW114NWI14) of Section 7, Township 10 South, Range 84 Wed of the
Sloth Principal Meridien, and more particularly described es follows; ..
Beginning at a point from which Comer Number 14 of wild emwm Placer Mining Claim bears S BO'22'00"E.18256 feet
`—therkrY:N90'03'OD'E1B5.1Qfed to Cbrriei Nurt85er2; ..
.' ,theace,N 14'5700" W 321:53 fed to Carver Number 3: -
thence N 25'14'00"W 284.17 fed to Comer Number 4;
thence 515.30'00 W 149.26 feat to Como Number 5;
thence S 88'48' OO'W 198.46 fed to Comer Number B;
thence S 03'30' 00"W 459.33 feet to Comer Number 7;
thence S 48'19' 00'E 1SOSO feet to Comer Number 8;
thence S 88'5929"E a distance of 29255 feet (Dead S89'13'OD"E 285.01 feel) To The Point Of Beginning.
PARCEL TWO: -
A tract of land situated in the Brown Placer No. 15047, in NW 114 NW 114, Section 7, Township 10 South, Range 84 West
of the 6th P
Beginning at Comer No. 8 of the Thomas tract located in Brown Placer whence Comer No. 14, Survey No. 15047, Brown
Planar, bean S. 86'0438' E. 447.56 feet
thence N. 48'19' W. 180.9 feet
thence S. 330'W. 118.40 feet
thence S. 89'13' E. 143.5 feet to the point of beginning.
SAID PARCEL IS MORE ACCURATELY DESCRIBED AS FOLLOWS:
A parcel of land situated In Bre Broom Placer, U.S. Surrey No. 15047, h the Northwest Quarter d the Northwest Quarto
(NWI144 W114) of Section more particularly7. Township
described 10 U h, Range 84 West of it* Sbdh Principal Meridian, County of Ptidn, State of
Colorad
vase z a a
Omer No.: 01aae0010
wHnen OE Neper STM
000011
1
Beginning at a oomer number 8 of said Broom Placer Mining Claim bears S85'54'4TE a distance of 453.93 feet
(Deed S86'04'38'E 447.58 feat);
Menne N48'19'00'W a diatance of 180.90 feet;
thence S03'0'00'W a distance of 118.40 feet
Mama S89'08'45'E a distance of 142.35 feet (Deed S89'13'E 143.5 feet)
To The Point Of Beginning.
I
COUNTY OF PRKIN, STATE OF COLORADO
O,d. N..: 01330. UW
MtW OE R.pet STCO
000013
PQ.3.r3
000019
ra. rtrt�,
Ppb wvM wv.y.ssnrorrt.d
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Site Section D- D'
uals: I'- 1'-10'-0"
000021
RMWW Parcel
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7905
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al
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7900 ml
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7895
+92.5 ez
7890 89.5 pond level
I +89.5 pond
88,5_+ '
--
I prop.
+87.5
--I—^ P P
7885 85.0+-.:-'-I----" ---
_—ro oaea 9ro3e
7880
Cronin Par"I
RMWW Parcel
Site Section G C
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..790
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grade --J— +94.5 prop.
92.5+--'.---'----
—
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existin grade ex
789089.8+ 'I
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7885
7880
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Site Section D- D'
uals: I'- 1'-10'-0"
000021
RMWW Parcel
RECEPTSON11 609644, 04/22/2014 at 10:14:32 AN, 1 OF 5, R $0.00
Janice K. says Caudill, Pitkin County, CO
DETERMINATION OF THE COMMCNITY DEVELOPMENT DIRECTOR OF PITKIN
COUNTY, COLORADO, APPROVING THE SITE PLAN WITH SCENIC REVIEW FOR
LANDSCAPE IMPROVEMENTS ON 107 AND 99 WILLOUGHRY WAY
Determinnion no�j,-2014
RECITALS
I. RM W W Holdings LLC and Red Mountain Willoughby Associates LLC ("Applicant") has applied to
the Puke County Community Development Director for Site Plan what Scenic Review for comment..
of park ,ponds, water f tures, access, and Iandaca, iurproemems on rose adjacent lots.
2. The parcels are located in 99 Willoughby Why, PIDd 293]01100011; and 109 Willoughby Way, PID a
2]3]0]281013.
3. 99 W, lai Way is a metes and bounds parcel described In Anachment A. 107 Willoughby Way is
described as Cronin Associates Subdivision Parrel L The two pefcels together are approximately B
trac
4. The Red Mountain I IOA was returned on the application and did not comment.
5. Thea%idavitotpublic notice was mailed on 12252013. Nocommen¢wamidoeived.
6 The Director finds this request coo be made consistent with the requirements oftbe Land Use Code.
NOW THEREFORE DE IT DF.TF.RMINED by the Pitkin County Community Development
Dander that the Red Mountain Willoughby Way 11C. RMW'W Holdings LLC, Site Plan with Scenic
Ravmvv for ponds, water feamrea landscaping, access is approved subject to the following conditions,
which shall tun with the land and be harasser all successors m interest.
L lite Applicant shall adhom to all mamrial rcame ... unions made in the current or prior applications arm
public meetings or herampy and shall consider those representations to be conditions ofapprovnl, unless
amended by other conditions.
2. Prior to submission for any Building or Earthmoving or Access Permit for the purcek the Applicant
shall be required to submit for approval by the County Attorney and Community Development a Site
Plan In accordance with Land Use Code Section 2-30-20(g) and Application Manual Sections 2.1.1
& 2.1.12. the above referenced approvals shall be a condition precedent m finaliuman and
mol,so.ra 'lite Mylar copy of the Plan shall be signed by he owner prior to submival for
recording.
3. Pr:nr to issuance ofany building Femur the Applicant shall:
A. Submit for review and approval by the Planning Engineer an earthmoving
permit. Approval will he required hefbm permit issuance.
000022
RECEPTIONI: 609644, 04/22/2014 at 10:14:32 PM, 2 OF 5,
Janice K. Vos Caudill, Pitkin County, CO
B. Submit a drainage and torsion control plan for review and approval by the
Planning Engineer, If the anal development disturbs one(I) acre or more, the
Applicant shall also apply for and obtain State Stonnwater Permit. All historic
and natural drainage pattens shall he maintained. Stmmwater shall hi detained
cavity and allow Infiltration of mnoR prior to discharge. Approval wil l be required
before permit issuance.
C Submit a consVuction nanagemem plan for review and appmeal by the
Planning Engineer. Approval will be assured before permit Issuance.
D. Submit a detailM revegctation plan for review and approval by Planning/Zoning
for disturbed areas with appropriate seed mixes. The plan shal l specify the native
seed mix to be used, the rate at which It will be applied and the method of emir.
Approval wi11 be required before Permit issuance. Bonding may be resulted to
name smisfaefory, revegetoma
F, Submit a tree mitigation plan for review and approval by Planning/Zhoing for
the remove..(any eees larger than 6 inch unionism
ill be rcr al,li baron
of miitisauance.lhehe btoothily
removed mitigation Olen is deficient in replacement
of cononwoods shot arc being retuned.
F. Submit a demi landscaping plan for review and approval by Planning/Zon Ing.
including size and species of trees end throbs. All species shall he native.
.Approval will be aqui red before permit Issuance. Bonding may he required No
insure satisfai establishment of the new landscaping.
G. Submit detailed exterior l Lighting plan for review and approval by Planning;
arching. Approval will be required before permit ismai
I I. Submit for my icw and appmeal of Planning /Zoning and the Aspen Fire District
ass permit, which may recession, an area for moving around of Fare
vehicles. Approval will be requied beforcpetmit,amo e
4. No autumnal development ins of 30' is height abve onatural or frosted foredo shall owue
within the setbacks of any loo %c Current plans indicate there is such development proposed. Any
external structural development exceeding 30' in height located within setbacks mandated by County
owing regulations shall require a variance from the Board of Adjustment Approval of an activity
emclope within such setbacks does not assure appruvul of a variance.
5. Prior to commencement of any earthmoving or wnstfuction activity, the Applicant shall stake the
of the anivity envelopes and install constmetlon fencing around the perimeter of the
comers of
The proposed envelopes shall be reduced to only include proposed disturbed areas. the
fencing shal l remain in place until issuance Of Certafeam of Occupancy.
6. No development, including grading, excavatio, fill placement landscaping, vegetation removal or
disturbance, shall occur outside of the approved development envelopes.
0 ;0023
BECEPTIONit: 609644, 04/22/2014 at 10:14:32 AM, 3 OF 5,
Janice E. Vos Caudill, Pitkin County, CO
]. All newly disturbed aras cleared by ce-muction shall be re spouted with native throbs and
on
grasses, to limit water consumption and additional mnoQ within one growing season after
completion of construction.
8. The ponds must be in compliance with Stam regulations for wmer storage or they will be subject to
curtailment.
9. Failure to comply with these conditions of approval may result in revocation ofthis permit or any
subsequent Permits related an this property or vested rights associated withthis property.
10. Smtutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subjust to the exceptions set forth In Pitkin County Land Use
Code. 4 4-140 and CR. S., p 24-68-105. The statutory vested rights ginned herein shall expire on
QpL[a , 2017.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 261h day
of Dceember, 2013.
APPROVED bythe Director, thisji. day of April, 2014
Cindy Ho' i., (N
Community Development Dlrecmr
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Time, Weekly on the I day ofjOky ,2014.
PE4273701200011, 272907204013
P 108 13
wlllouda'sentralparksimwenie hot dac
000024
RECEPTIO?i 609644, 04/22/2014 at 10:14:32 AN, 4 OF 5,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE
A tract of parcel pr land situate Ia fine drawn Placer. US. Survey No. 1 W4]
In the Northwest quarter of the Northwest quarter (NWII4NW V4) Of Sarden 7. Thai 10 South. Range 64 N4et of the
Such Primped Meridian, and more paNeularly described as Reaua:
9eginnm9 A a pant hum which Comer Number 14 of saitl Brown Placer Mine, Claim hands S 80.22'E 16256 feet
thence N 11703 E 105.10 feet to Corner Number 2,
thence N 14'57' W 32153 kat to Comer Nuri 3;
thence N 25.14W 26x.17 ked to Comer Number 4.
thence 515'30' W 14926 feet to Comer Number 5'.
thence S Iii W 196,46 Bad to Comer Number 61
thence S 3°30' W 459.33 Met to Comer Number 7:
Hence 648'19' E 180.90 Net de Corner Number 8',
thence S 69'13' E 285 01 feet To The Point Of Beginning.
SAID PARCEL IS MORE ACCURATELY DESCRIBED AS FOLLOWS'.
A trod of parcel Of land situate in file Based Placer, U 5. Survey No STT
In the Nonlmest gudher dNe NOMwast quarter NW114NW V4 Ot Sacbcn 7, Twmship 10 South, Range 04 SAm mtip
Si#M1 Principal Norman, antl more particularly seconded as follows)
Beginning at a point from which Corner Number 14 of said Brawn Placer Mining Claim bears S BO.22'WE 162,55 lost
thence N 10'03'09" E 186.10 Net to Corner Number 2.
then. N 14°5700" W 32153 feet t0 Cornar Number 3:
thence N 25'1400W 264.17feet to Corner Number 4;
man. 51 V31 W 149.26 feel M Corner Number 5',
hence 5 BB -45' OOW 195 O6 feet Ed Comer Number 6.
thence S D3'3D' )1450.33 feet to Comer Number 7,
Nen. S AP 19' 00'E 10090 Jeal Is Comer Number B.
then. S 88°59'29' E a distance of 29255 feel (Dead 589°13'OUE 285 01 def) Tone Point Of Segargag,
PARCEL TWO
A tract of lard secured In the Brown Placer No.150 W, in NW 1/4 NW 114, Setllon 7, Township 10 Soeth, Range 84 West
of pi P
Beginning at Corner No. 6 of Ne Thomas Vain located in Brown Placer when. Comer No 14, Sarvey Nor 15047. Brown
Planar, bears 5. 06-M'36" E.7.56 feet.
thence N. 48' 19' W. 1 an 9 (set.
thence S. 330' W I1SAO feet
bus 5.89'13' E. 1435feeloleepaintcfbagmmn9.
SAID PARCEL IS MORE ACCURATELY DESCRIBED AS FOLLOWS'.
A para of )antl sirualed In ibe Brown Placer,
US Survey No. 1501 the Northwest Quarter arms NortMwas Quarter
(NWf 14NW114) of Section 7,Tmmshlp 10 South. Range 84 West of the Cath Pinches Mdtllan. Qounry of Plthin SMd 0f
Colorado, Us ng more path rruiely described we follows.
000025
RECEPTION#: 609644° 04/22/2014 at 10:14:32 AM, 5 OF 5,
Janice K, vos Caudill, Pitkin County, CO
Be9mmn9 at a comernomEer 0 0f sale Brwm Placer Mining Claim Eears SB5'M47-E a Eieta— 01453 93 kat
(Oa. 006'01'36"E 447.56 fit e)
marks N40'19'DOW a tlstance o11 SO9D Met
ttenca S03°0'0OWa dettan. M 118.45 feet.
tt'arce S89-08 45 a distance of 14235 feet (Deed S09.13'E 143.51eeD
To TO. FOInt Of Ee,,On, g.
COUNTY OF PITKIN, STATE OF COLORADO
JuJu32
0C iiU?G
A t
H 11 ,aa
I '�o
Paml N 2737472-00011
(t) RMW W. W , LLC,
(2) RMW W W Holdings 25 Year OPRT and ae
Gc Mon�w .vro Assocutes, We
Mthe RMW W Holdings JO Year OPRT ++ e.aa Ma+� raa�.�w A•a+�a
99 Willoughby Way
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Parcel is 2737-072-040011
(7) RM W HkWole, LLC, LLC,
RMo
(Z)1M RMW Veer OPRT and Gnec Monwn wNo Assoawres, Irvc
(3
) the
RMW W Holdings 30 Yew OPRT
99 Willoughby Way
CD
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10
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iVVI _I m
Parcel # 2737d72 -0U011
(1) RMWW Holdings, LLC,
(2) the RMW W Holdings 25 Year GPRT and Gaec Moni.N We
(3) the RMW W Holdings 30 Year GPRT
99 WRlmaghby Way
ATTACHMENT 3
Proposed Amendment to the Recorded Activity Envelope and Site Plan
REQUEST FOR AN AMENDMENT TO AN EXISTING SITE PLAN- P,g .,I
PARCEL IO #,3Topiao-o-
000'030
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ATTACHMENT 4
Disclosure and Proof of Ownership of the Property Complying with Subsection
5-70-020(D)
REOUESTFOR AN AMENDMENT TO AN EXISTING SITE PLAN- P.,
PARCEL ID #2l3 ,,72'oo-o-
0G0032
Stewart title Stewart Title- Aspen
620 East Hopkings Avenue
Aspen, CO 81611
WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT
Order No. 01330-33453 Date: November 12, 2013
Customer Reference: 99 Willoughby Way
Aspen, CO 61611
LEGAL DESCRIPTION:
SEE EXHIBIT AATTACHED HERETO
APPARENT OWNER OF RECORD:
Red Mountain Willoughby Associates, LLC, a Colorado limited liability company
Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the
records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of October 31, 2013:
1. NONE
The liability of Stewart Title, its affiliates and associates, for any omors or omissions affecting or relating to the information
appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the
customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report
is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance.
No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor
have any of such documents been examined to determine whether or not there are any exceptions, reservations,
encumbrances or other matters which might be detrimental to Title.
No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water
rights, and any other encumbrances which are not a deed of trust, mortgage of lien.
Linda Williams
Authorized Representative of Stewart Tde
Order No.: 31330-33453
VVrlten OE Raton STCO
000033
Page t of 3
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE
A tract of parcel of land situate in the Brown Placer, U.S. Survey No. 15047,
In the Northwest quarter of the Northwest quarter (NW1/4NW1/4) of Section 7, Township 10 South, Range 84 West of the
Sixth Principal Meridian, and more particularly described as follows;
Beginning at a point from which Corner Number 14 of said Brown Placer Mining Claim bears 5 80°22E 162.56 feet;
thence N 10°03' E 165.10 feet to Comer Number 2,
thence N 14'57'W 321.53 feet to Comer Number 3;
thence N 25'14'W 264.17 feet to Comer Number 4;
thence S 15'30'W 149.26 feet to Comer Number 5;
thence S 88'48' W 196.46 feet to Comer Number 6;
thence S 3'30'W 459.33 feet to Corner Number 7;
thence S 48°19' E 180.90 feet to Comer Number 8;
thence S 89'13' E 285.01 feet To The Point Of Beginning,
SAID PARCEL IS MORE ACCURATELY DESCRIBED AS FOLLOWS.
A tract of parcel of land situate in the Brown Placer, U.S. Survey No. 15047,
In the Northwest quarter of the Northwest quarter (NW114NW1/4) of Section 7, Township 10 South, Range 84 West of the
Sixth Principal Meridian, and more particularly described as follows;
Beginning at a point from which Corner Number 14 of said Brown Placer Mining Claim bears S 80°22'00"E 162.56 feel;
thence N 10°03'00" E 185.10 feet to Comer Number 2;
thence N 14°57'00" W 321.53 feet to Comer Number 3;
thence N 25"14'00"W 264.17 feet to Corner Number 4;
thence S 15`30'00" W 149.26 feet to Comer Number 5;
thence S 88`48' 00'W 196.46 feet to Comer Number 6;
thence S 03°30' 00"W 459.33 feet to Comer Number 7;
thence S 48°19' 00"E 180.90 feet to Comer Number 8;
thence S 88"59'29"E a distance of 292.55 feet (Deed S89'1 3'00"E 285.01 feet) To The Point Of Beginning.
PARCEL TWO
A tract of land situated in the Brown Placer No. 15047, in NW 1/4 NW 1/4, Section 7, Township 10 South, Range 84 West
of the 6th P
Beginning at Corner No. 8 of the Thomas tract located in Brown Placer whence Comer No. 14, Survey No. 15047, Brown
Placer, bears S. 86"04'36" E. 447.56 feet;
thence N. 48'19'W. 180.9 feet;
thence S. 330'W. 118.40 feet;
thence S. 89*13' E. 143.5 feet to the point of beginning. _
SAID PARCEL IS MORE ACCURATELY DESCRIBED AS FOLLOWS:
A parcel of land situated in the Brown Placer, U.S. Survey No. 15047, in the Northwest Quarter of Ne Northwest Quarter
(NW1/4NW1/4) of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, County of PBkin, State of
Colorado, being more particularly described as follows:
Order No., 0133033453 P.g.203
Written OE Report STCO
000034
Beginning at a comer number 8 of said Brown Placer Mining Claim bears S85"54'47"E a distance of 453.93 feet,
(Deed 586'04'36" E 447.56 feet);
thence N48°19'00"W a distance of 180.90 feet:
thence S03°0'00' W a distance of 118.40 feet;
thence S89°08'45"E a distance of 142.35 feet (Deed S89°1 TE 143.5 feet)
To The Point Of Beginning.
COUNTY OF PITKIN, STATE OF COLORADO
Cpaer No. 0133633453
Wfitlen OF Repod STCC
000035
Page 3 of 3
ATTACHMENT5
Street address and parcel description, including legal description, and 8-1/2"x 11"
vicinity map locating the subject property within Pitkin County
ADDRESS
99 Willoughby Way, Aspen, CO 81611
LEGAL DESCRIPTION
f11 RMWNN ", LLc. (1) ve RMN"N H kWW 0 Yw OWiT en a Wl" RMww W V OPHT Pa : PxR,W
Properly Deealptlnn Rooep0oo W. 4]5088)
A tract d prml d Mn0 eaueU M Me Bioen Piewi, U.S. S Ney No. 1504], Mara IJorNemt Maatr dMa Norlhweet Weller
(NW114NWIM)0Se Tbn],TvM*010 SouN, Ranpa 84~ W ft each pixpel mer .. aM mae paNCWMy
d.raad m fpllpxs:
S9BhaWn9 at a poral ham a4t9i cantr ramhr 14 of s Bm PM mnhq clam bora 580.22'W'E a dbtmca d 182.58
feet: 111rme N10W'W'E a dll dIW.10M to coma MR Y,th 1114.5T00•01 a aetaia 01321.53 Mal to
caner maldr 3; tf r N25.14'W'W a dMUnq d 264.17 fmt M omer nM 4, Mr eS15.30'WW ad6 of
14916 fmt toll WTtW6; ihantt S88.48'WW adWanced 186.46 feel to comer W1nbr 6;bete S03°39W'Wa
dWrre d 468.33 k4t W oormr n r]; beree 548.19'WE a dhirlce d 1W.W feel to coma num 8;tf o
589.13'WE a deWca 4285.01 feet M Me porn d De9lmeg.
coayof Pl 'Stafa d fplomdo
REOUEST FOR AN AMENDMENT TO AN EXISTING SITE PLAN- Page 14
PARCEL ID #2l37'c72 cc oac
030033
VICINITY MAP -
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Subject
Property
ASPEN I h
i� •rye
r. __
REOUESTFOR AN AMENDMENT MAN EXISTING SITE PUN- P -PAS
PARCEL IDkaTlpop<o<u
000037
ATTACHMENT 6
Executed Pitkin County Community Development Agreement for Payment of
Land Use Application Fees form
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT
OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011-2005 establishes a fee
structure for land use applications and the payment of all processing foes is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that
development shall pay, in full, the con of development review in Pitkin County. Fees have been set to
be consistent and fair to the public and to reflect the expense incurred in providing such services to the
public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it
may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT lumber agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners m make
legally required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ $936.00 which is based on 3 hours of staff time, and if actual time spent by staff to
process the application exceeds the average number of hours by more than 20%R, then the COUNTY
will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be
made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued
costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben,
Community Development Director
APPLICANT
Signature,
Tom Newland
November 25, 2014
Representing RMWW Holdings,
LLC, RMW W Holdings 25 Year
QPRT, and RMWLW Holdings 30
Year QPRT
REOUESTFORANAMENDMENTMANEXISTINOSIMPLAN— Payes6
PARCEL ID #2737'e72-oo-oe1
000033
ATTACHMENT
Consent from the owner of the property for the representative named to process the
application and represent the owner
REQUEST FOR AN AMENDMENT TO AN EXISTING SITE PLAN- Page a)
PARCEL ID #2737 072-00-011
000039
CONSENT TO REPRESENT
RED MOUNTAIN WILLOUGHBY ASSOC LLC
10 BANK ST #1220
WHITE PLAINS, NY 10306
July 10, 2014
Pitkin County Community Development
130 S. Galena St.
Aspen, CO 81611
RE: CONSENT TO REPRESENT
To Whom It May Concern:
Please consider this letter as authorization for Tom Newland of Newland Project Resources, Inc. to
represent us with lard use and development pard applications in Pitkin County for our property
located at 107 Willoughby Way in Pitkin County, Colorado. (State Parcel ID #273707200011). Mr.
Newland is hereby authorized to act on our behalf with respect to all matters reasonably pertaining
to the aforementioned property.
Should you have any questions, please do not hesitate to contact me.
I
ly,
zw arey9ar WAY renrrsc,iiii9wnmt 740,U Pao 4
000040
3749 HIGHWAY 82 - P.O BOX 2150
GLE\WDOD SPRINGS, COLORADO 81602
(970) 945-5491 - FAX (470) 945-4081
October 27, 2014
Red Mountain Willoughby Associates, Li_C.
c/o Nick Soho
NSOH_0@GREGMOZIAN.COM
Re: 99 Willoughby Way
Dear Sir:
Holy Cross has completed a design and cost estimate for burying the overhead power line at 99 Willoughby Way,.
hereinafter the "Project", Our facilities will be installed as shown on the attached sketch. The owner of the
project is hereinafter referred to as the "Owner".
Total estimated cost of
underground construction $92,000.00
Holy Cross Energy investment in exchange
for owner providing trench and installing
our pipe and vault system for the project
(-92.000.00)
Contribution in aid of underground
construction (nonrecoverable)
required before starting work
on the project 3 -0-
Our power facilities must be installed on an easement. Please execute and return the enclosed document.
The following conditions are hereby noted:
Holy Cross rAc-rgy, has implemented a pohcy which requires that the Owner provide all exravatiUn,
backfil(, compaction and c)eanup needed for installation of the underground power system extension to
serve thar Prcijeo The Owner must al o set All vaults and install all cortduks� as "xpgt„tfir i oy turfy Cross
Energy's design for the Prsaject and the ertClcised construction specificatioraz, Nosy Cross toergy, will
supply all material which can be picked up by the Owner at the appropriate storage yard. the cost of
this material is included in the job cost estimate. The attached Trench Agreement must be properly
executed by the Owner and returned prior to the start of excavation,
It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer
vaults installed hereunder for the Project are accessible by Holy Cross boom trucks and other necessary
equipment and personnel at all times- The use of such access by Holy Cross shall not require removal
or alteration of any 'mprovements, landscaping, or other obstructions. The ground surface grade shall
not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power
line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall
be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even
with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow)
and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of
said transformers and switchgear shall be located so as not to hinder complete opening of the
equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors
shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements,
andscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and
backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations whlch may occur as soon as noCtied by Holy
Cross Energy. Said corrections will be made at the sole cost and expense of Owner
A IrMi.,armc Eimgy” _oopena:y ?4.�.
Red Mountain Willoughby Associates, ILC.
c/o Nick Soho
IySQIiQ0c ,RECLv10ZlAN.CQM
October 27, 2014
Page Two
3. Secondary voltage available will be 120/240, single phasse.
41 Secondary facilities shall be installed In accordance with National Electrical Code and Holy Cross Energy
specifications. All meter locations must be approved. Any service over 200 amps or 240 volts must
have prior written approval from Holy Cross Energy.
S It will be the Owner's responsibility to extend underground secondary entrance conductors from the
uad-mounted transformer to points of power usage and reefed any existing services being fed from the
overhead power line that will be removed.
6. All underground services shall be installed in conduit ahead of the meter. All underground services
must be in conduit beneath roads, driveways, and other areas of difficult excavation
7. All residential services must have an outside disconnect accessible at all times to Holy Cross Energy
personnel.
B. The above mentioned cost estimate does not Include connect fees or meter deposits, if required.
Arrangements for payment of these items and for scheduling the actual meter installation should be
made through the local Holy Cross Energy office.
a We attempt to complete all projects in a timely manner However, highest priority is given to
maintaining service to our existing consumers This fact, along with inevitable construction delays, will
not allow us to guarantee a project completion date.
10. Ail Holy Cross Energy rules and regulations will be followed.
When Holy Cross Energy is in receipt of all necessary executed easements, other permits, if required, the
executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled
for construction.
Sincerely,
HOLY CROSS ENERGY
Jeffely A. FranY..{f:
Engineering 0 pariment
ifranke@hoiycross.com
(970) 947-5416
JAF:smh
Fnclosure
The Iftvo terms and
are re Antro -ed to
FY�e AY...! toyf"F5r 7 � F eA M&A"eu
ON �
W/O#1 2-21662:90-53:Red Mountain Willoughby Way UG. 10/27/14 12 215U mm -w
0
3
TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this ,_,,,, „�„ �L ,y,,,,� day of _ W& ......._.�.,..........
.. 20._.,, __..... �,
between RED MOUNTAIN WILLOUGHBY ASSOCIATES, LLC, a Colorado limited liability company, whose mailing address is c/o
Arthur C. Daily, Holland $ Hart, LLP, 600 E. Main Street, Aspen, Colorado 81611, hereinafter called "Owner", and Holy Cross
Energy, a Colorado corporation whose mailing address is P. 0. Box 2150, Glenwood Springs, Colorado 81602, hereafter called
"Holy Cross".
WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities", to
serve the property known as 99 Willoughby Way, Aspen, Colorado 81611, hereinafter called "Property;" and,
WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to
construct said requested Facilities; and,
WHEREAS, Owner owns the Property described as follows: A parcel of land situated in Section 7, Township 10 South, Range 84
West of the 6" P.M., as more fully described by Reception Nos. 571986 and 571985 of the Pitkin County Clerk and Recorder's
Office, Aspen, Colorado, and,
WHEREAS, installation of Facilities to serve the Property may require trenching or other excavation on certain real property
adjacent to the Property described as follows; Willoughby Way, hereinafter called "Adjacent Land".
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation
of Facilities. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in
accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector requirements. Any
deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities
installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to
acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and
Construction Specifications and such specifications are made a part hereof by reference.
b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility
easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground
surface.
d. A twelve -inch (12") minimum separation will be maintained between conduits installed for the Facilities and all other new
or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation
from plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual
arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and
signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy
Cross specifications for use on the Property, and convey such provided material to Holy Cross with an acceptable Bill of
Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the
conduit, vaults and related structures and facilities.
f. If conduit and/or vault installation provided by Owner are found to be unusable or improperly constructed, irrespective of
whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its
expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit
and/or vault installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform
work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees,
providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected
with its work on the Property.
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder.
Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken
within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross employee.
4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability,
claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise
out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by
the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising
out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner
shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and
W/O#1 2-21662:90-53:Red Mountain Willoughby Way UG:11/10/14 12-21662Mineo Revised Page I of 3
11
attorney fees Incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all
judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy
and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in
such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service
districts. In lieu thereof, whenever Owner is a government or district it shall procure and maintain in effect at least
$1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification
clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such
insurance coverage.
5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements
caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of
two (2) years beginning on the date backfill and cleanup are! completed.
6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation
performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed.
7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy
Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations
undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross
may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion
shall be chargeable to and collectible from Owner.
8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder
shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade.
It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be
discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements,
or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or
to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner.
9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on
the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of
such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions.
The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along
the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6)
inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The
manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements,
landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to
hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear
doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and
other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear.
Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may
occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner.,
10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner's
responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any
time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be
the Owner's responsibility, at the Owner's sole cost, to correct the access and make it acceptable, as determined solely by
Holy Cross.
1 1. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances
and liens of any character, except those held by the following: All those of Record.
The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall
be binding upon the successors in interest, and assigns, of the Property.
The individual signing this Trench, Conduit and Vault Agreement hereby represents that he/she has full power and
authority to sign, execute, and deliver this instrument.
Holy Cross Energy, a Colorado corporation RED MOUNT" N WILLOUGHBY ASSO�"L'1aC, a Colorado limited
liability com n
By
Richard D. Brinkley, Chief Operating Officer
By:
W/O#12.21662:90-53:Red Mountain Willoughby Way UG;I 1/4/14 12-21662 M'neaJF Page 2 of 3
J
� � iil�'Ai1�R4
t 1M11 1 Al of l 1 OIX
STATE OF Alm) .� ) !b i1�li�z1s�
ss.COUNTY OF
1felradlIrt
lift CINIiMMIM011 ilk �'� .......,.
11
The foregoing instrument was acknowledged before me this _ d
__ay of ''t✓! 20K by
--as Manager of RED MOUNTAIN WILLOUGHBY ASSOCIATES, LLC, a
Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:/( _ �7
STATE
COUNTY OF
WE
) ss.
Notary Public
Address:
The foregoing instrument was acknowledged before me this day of _-_,_.-_,__,,__,.,,,,,,, ,,,,,_,... ..... ......-........._._........_................ 20 , by
Richard D. Brinkley, Chief Operating Officer of Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
W/O#12-21662:90-53:Red Mountain Willoughby Way UG:11/4/14
Trench, Conduit and Vault Agreement
Holy Cross Energy
6
.._.._....... ._......
Notary Public
Address•
12.21662 MineoIF Page 3 of 3 Revised 4-5-11
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
RED MOUNTAIN WILLOUGHBY ASSOCIATES, LLC, a Colorado limited liability company
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby
grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado
(hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in
the County of Pitkin, State of Colorado, described as follows:
A parcel of land situated in Section 7, Township 10 South, Range 84 West of the 6`h P.M., as more fully described by
Reception Nos. 571986 and 571985 in the records of the Pitkin County Clerk and Recorder's Office, Aspen, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric transmission or
distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith,
together with associated equipment required above ground, within the above mentioned lands, upon an easement described as
follows:
An easement of ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof
by reference.
The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities within the
easement described herein.
It shall be the Grantor's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on
said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of
such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The
ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the
power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches
below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole
opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any
other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of
the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and
free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a
minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Grantor hereby agrees to
maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by
Grantee. Said corrections will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile
spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation
and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement,
the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface
improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be
responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this
easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall
be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances
and liens of whatsoever character, except those held by the following: All those of Record.
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining
thereto, unto Grantee, its successors and assigns, forever.
W/O#12-21662:90-53:Red Mountain Willoughby Way UG:l 1/4/14 12-21662Mineo Revised JF Page 1 of 2
IN WITNESS G(
WHEREOF, jnqLr has caused these presepts to be duly executed on this day of
...... .
The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that he/she has full power
and authority to sign, execute, and deliver this Instrument.
RED MOUNTAIN WILLOUGHBY ASSOCIA1ES, I
By
STAT P O -F Manager
. ...... .. . ..
C"I"A"INTY Of
The, foreWong instrument was acknowledged before me this day
20 by
as Manager of RED MOUNTAIN WILLOUCHBY
. .. . .... . ......
ASSOCIATES, ta., a Colorado limited liability company.
WITNESS my hand and official seal,
My commission expires: I a 11 r I V - P I u " idcstbi , ic 1-1 IV
C(Ckor-e
Address
.1"s
pALIC-STATE OF NEW VCM
No. OIN05052132
Qualified In N038aU COVIllift
I* commaw axplim "Velaw 3%
W/O#] 2-21 662:90-53:Red Mountain Willoughby Way UG.I 1/4/14 12-21662 Mineaff P.q. 2 r 2 Revised 4-5-11
N.
NOT To SCALE Date Section 7 Township10 South Range 84 West of the 6th P.M. PITKIN Cc
Holy Cross Energy FACILITY g
Glenwood Springs, Colorado LOCATIONS 7-13-12 Job Name: RED MOUNTAIN WILLOUGHBY WAY UNDERGROUND W/O #: 2166,
APPROXIMATE
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX9 (970) 920-5439
December 5, 2014
Tom Newland
417 Original Road
Basalt, CO 81621
tomn@npri.co
Re: Red Mountain Willoughby Assoc. LLC Minor Amendment to a Development Permit
(CASE P100-14; PID 2737-072-00-011)
Dear Mr. Newland
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482
Sincerely,
Bonnie Shiles
Administrative Assistant
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00037243
Name: NEWLAND PROJECT RESOURCES, INC Date: 11/25/2014
Project Address: 99 WILLOUGHBY WAY
Type: check # 5243
Permit Number
Fee Description Amount
0100.2014.PLAN PP -Flat Fee
FIC • r f
Totals 936.00