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Home My WebLink Aboutpitkin.planning.273720100005 (2015)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: 2737-20-1-00-005 Application Date: 5/11/15 Case No: P043-15 Description: Aspen Beaver Pond LLC Extension of Vested Rights Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 4 Project Address: 43251 HWY 82, ASPEN, CO 81611 % Over Hours: 4.8 Property Owner: ASPEN BEAVER POND LLC Owner's REP: GLENN HORN REP's Email: ghorn@rof.net Address: 8540SW 52NDAVE MIAMI, FL 33143 Address: 215 S MONARCH ST, 104 ASPEN, CO 81611 Referrals: Other Referrals: Comments Due Date: 07/03/2015 Owner Phone: REP's Phone: (970) 925-6587 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 07/22/2015 Review Body: bocc Public Hearing? yes Notice Date: 06/18/2015 Meeting Notes: Approvals: BOCC Resolution #: 056-2015 #622429 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: 07/22/2015 Plat Recorded Date: VR Expires Date: 07/22/2018 Plat (Bk, PG): n/a Remarks: Application Type: Vested Rights - Extension/Reinstatement RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE ASPEN BEAVER POND LLC EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No: 06t-2015 RECITALS 1. Aspen Beaver Pond LLC ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BO C") to request a three year extension of the vested right to construct a single family residence. 2. The property�s located at 43251 Highway 82, and is more specifically described in Exhibit A. 3. The parcel contains 3.3 acres and is non -conforming in the AR -10 zone district. 4. The Hearing Officer granted 1041 hazard review approval, pursuant to Determination No. 30-2004. The Community Development Director approved two amendments to the approval and granted Scenic View Protection approval, pursuant to Administrative Decision Nos. 103-2006, 101-2007 and 102-2008. The amended site plan was recorded in Plat Book 89 at Page 2. The Applicant submitted a building permit before the vested rights expired in 2007, but the permit expired because work did not commence. The Community Development Director denied an application for Activity Envelope and Site Plan Review, pursuant to Administrative Decision No. 07-2012. The Director found that the entire parcel is within a rockfall hazard area, where development is prohibited by Sec. 7-20-50(c) of the Land Use Code. The BOCC found that the denial constituted a taking, and remediated the taking, pursuant to Resolution No. 053-2012. The Site Plan was recorded in Plat Book 111 at Pages 62-63. The vested rights expired on May 9, 2015. A building permit application was submitted prior to the expiration of the vested rights. 6. The BOCC heard this application at a duly noticed public hearing on July 22, 2015, at which time evidence and testimony were presented with respect to this application. 7. The BOCC finds that the approved development continues to conform to the terms and provisions of the Land Use Code and that it is appropriate to grant a three year extension of the vested rights. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Aspen Beaver Pond LLC Extension of Vested Rights, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in public hearings and in the application. 2. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution No. 07-2012. The conditions of Resolution No. 07-2012 shall remain in full force and effect, except as amended herein. RECEPTION#: 622429, 08/14/2015 at 03:10:17 PM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No.* -2015 Page 2 3. Statutory vested rights for the approvals referenced herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on July 22, 2018. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18'" day of June, 2015. APPROVED AND ADOPTED on the 22°" day of July, 2015. PUBLISHED AFTER A DOPTIC) FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the Oday of` 2015. Clerk and APPROVED AS TO FORM: jJohn Ely, otney Case #P043-15 PID 273720100005 BOARD OF COUNTY COMMISSIONERS OFF PIITTKIN COUNTY, COLORADO six A reA4 T- l �sY — Steven F. Child, Chairman Date: -7 / -� (z a (� APPROVED AS TO CONTENT: A—i U NAMPIR L UA and ben, Community Development Director 1�- CERTIFICATE OF OWNERSHIP Pitldn County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that ASPEN BEAVER POND, LLC, A FLORIDA LIMITED LIABILITY COMPANY is the owner in fee simple of the following described property: A Tract of land situated in Section.20. Township 10 South, Range 84 West of the Stith Principal Meridian, more particularly described as follows: Beginning at the North Quarter Corner of said Section 20, Tnwrtshlp 10 South, Range 84 West of the. 6th P.M.; thence N'89°34'30" E 300.00 feet; thence S 38°07'10"`E 314.00 feet; thence S 89034'30" W 516.00 feet to the Easterly right of way line of State Highway No. 82; thence the following courses and distances along said right of way line: N 52°58' W 256.02 feet 132.49 feet along the arc of a curve to the right having a radius of 533.00 feet (the chord of which bears N 45°50'44" W 132.15 feet); thence departing said right of way line N 89°34'30" E 321.36 feet to the point of beginning. Being Parcels 1 and 2, Smith Exemption Plat, recorded December 2B, 1984 in Plat Book 16 at Page 81 County of Pitkin, State of Colorado ADDRESS ACCORDING TO THE.PITKIN COUNTY ASSESSOR'S OFFICE: 43251 Highway 82, Aspen, CO 81611 ENCUMBRANCES: Deed of Trust from : ASPEN BEAVER POND; LLC, A^FtORIDA LIMITED LIABILITY COMPANY and MATTAWAY LIMITED, A FLORIDA LIMITED PARTNERSHIP To the Public Trustee of the County of P.ITKIN For the use of : GIBRALTAR PRIVATE BANK & TRUST COMPANY Original Amount :$1,750,000.00 Dated : June 24, 2009 Recorded : June 25, 2009 Reception No.. :560245 This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, TNC. BY.- authorized Y:authorized signature CERTIFIED TO: June 4, 2010 at 8:00 A.M. Job No. ACCOM2525 MEMORANDUM TO: Board of County Commissioners Regular Meeting — July 22, 2015 THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Senior Planner RE: Aspen Beaver Pond LLC Extension of Vested Rights SUMMARY: Pursuant to Section 2-20-170, the Applicant is seeking a 3 year reinstatement of the vested right to construct a single family residence. APPLICANT: Aspen Beaver Pond LLC REPRESENTATIVE: Glenn Horn LOCATION: 43251 Highway 82 ZONINGILOT SIZE: The parcel contains 3.3 acres and is nonconforming parcel in the AR -10 zone district. EXISTING CONDITIONSMACKGROUND: The Hearing Officer granted 1041 hazard review approval, pursuant to Determination No. 30-2004. The Community Development Director approved two amendments to the approval and granted Scenic View Protection approval, pursuant to Administrative Decision Nos. 103-2006, 101-2007 and 102-2008. The amended site plan was recorded in Plat Book 89 at Page 2. The Applicant submitted a building permit before the vested rights expired in 2007, but the permit expired because work did not commence. The Community Development Director denied an application for Activity Envelope and Site Plan Review, pursuant to Administrative Decision No. 07-2012. The Director found that the entire parcel is within a rockfall hazard area, where development is prohibited by Sec. 7-20-50(c) of the Land Use Code. The BOCC found that the denial constituted a taking, and remediated the taking, pursuant to Resolution No. 053-2012 (Attachment I to application). The Site Plan was recorded in Plat Book 111 at Pages 62-63. The vested rights expired on May 9, 2015. A building permit application was submitted on May 11, 2015 (May 9 fell on a Saturday, so submission on Monday May 11 was determined to be consistent with submission prior to the expiration of the vested rights). REFERRAL COMMENTS: The application was referred to the East Aspen Caucus, but no comments were provided. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting a 3 year extension for the approval granted pursuant to Resolution No. 053-2012. The BOCC shall consider the following criteria in reviewing a request for an extension of vested property rights: Of to The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: As noted above, the Applicant has submitted a complete building permit application. The Applicant recorded the Site Plan as required prior to submission of the permit application. Other conditions of approval must be met prior to issuance of the permit. 3. The nature and extent of any benefits already received by the County as a result of project approval, such as impact fees or land dedications. Response: No impact fees, land dedications or other benefits to the County were required. The residence contains 5,750 square feet of floor area. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The Applicant has requested an extension of vested rights "as a precaution against unexpected events" while also pursuing a building permit. If the Applicant is unable to build the residence as occurred in the past, they would like to avoid going through a new land use review, which would require a denial and a takings request. S. The Board shall also take into consideration the length of any appeal process or litigation and the subsequent effect of a lessened vesting period for property rights. Response: Not applicable. RECOMMENDATION: Staff recommends that the BOCC adopt a "motion to approve the Aspen Beaver Pond LLC Extension of Vested Rights, subject to the attached Resolution." ATTACHMENTS: A. Site Planrecorded in Plat Book 1 I 1 at Page 62 Application provided separately W* RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE ASPEN BEAVER POND LLC EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. -2015 RECITALS 1. Aspen Beaver Pond LLC ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to request a three year extension of the vested right to construct a single family residence. 2. The property is located at 43251 Highway 82, and is more specifically described in Exhibit A. 3. The parcel contains 3.3 acres and is non -conforming in the AR -10 zone district. 4. The Hearing Officer granted 1041 hazard review approval, pursuant to Determination No. 30-2004. The Community Development Director approved two amendments to the approval and granted Scenic View Protection approval, pursuant to Administrative Decision Nos. 103-2006, 101-2007 and 102-2008. The amended site plan was recorded in Plat Book 89 at Page 2. The Applicant submitted a building permit before the vested rights expired in 2007, but the permit expired because work did not commence. 5. The Community Development Director denied an application for Activity Envelope and Site Plan Review, pursuant to Administrative Decision No. 07-2012. The Director found that the entire parcel is within a rockfall hazard area, where development is prohibited by Sec. 7-20-50(c) of the Land Use Code. The BOCC found that the denial constituted a taking, and remediated the taking, pursuant to Resolution No. 053-2012. The Site Plan was recorded in Plat Book 111 at Pages 62-63. The vested rights expired on May 9, 2015. A building permit application was submitted prior to the expiration of the vested rights. 6. The BOCC heard this application at a duly noticed public hearing on July 22, 2015, at which time evidence and testimony were presented with respect to this application. 7. The BOCC finds that the approved development continues to conform to the terms and provisions of the Land Use Code and that it is appropriate to grant a three year extension of the vested rights. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Aspen Beaver Pond LLC Extension of Vested Rights, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in public hearings and in the application. 2. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution No. 07-2012. The conditions of Resolution No. 07-2012 shall remain in full force and effect, except as amended herein. 3. Statutory vested rights for the approvals referenced herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on October 23, 2016. K Resolution No. -1015 Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 186 day of June, 2015. APPROVED AND ADOPTED on the 22" day of July, 2015. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the _ day of 2015. ATTEST: Jeanette Jones, Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, County Attorney Case #P043-15 PID 273720100005 BOARD OF COUNTY COMMISSIO OF PITKIN COUNTY, COLORADO Steven F. Child, Chairman Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director wrr ..r � r a r rr r r • w w. � � ay e... � rrr x_M.r:rw•rra Yr,xrY 4eYxwY..nyxYir.en.rry •ixriYYl.�OAr� ~Y W Y[4.�Mx� •.rw_fxrlYA Yriw,4n�rrwrr� `uwr r,rh�rr�.Y W 1w+�r �� 1YrI�r.1Yw YY�ww �,f1[•Yr%✓ :Yiw�%YM, 4a W.r Y�tiryert�.Y rl\Yr1Y.Y w"rr,.Y TiIr 4l'YOrY IY i.��xrxwMY,xr Parcels 1 & 2 Smits Exempion P Parcels 1 & 2, Smith Exemption Plat Pitkin County, Colorado This Activity Envelope and Site Plan Map replaces all 1041 site plans previously approved for this property. rwrw,ar.rr.r rr�YY.r Ty i ��yM1IYL M1Y �p�saW�t.~ 0 YLLiM.Y6.r YH^_?f_ Aspen Beaver Porti LLC Activity Envelopes PID A ties sol Oms c.0 I* pw-m �M m=om "mwria r+. m r.r Aspen Beaver Pond LLC, Activity Envelopes and Site Plan Parcels 1 & 2, Smith Exemption Plat Pitkin County, Colorado Parcels 1 & 2 Smith Ea w,w P4! ,r� r �`rm�`oxvn.vme v+n+eeis ms' Aspen Beaver Pond LLC r 2 AdMfy Envelopes�— ond Sile Plon 2 Davis Horn - PLANNING & REAL ESTATE CONSULTING May 7, 2015 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Aspen Beaver Pond LLC Property at 43251 East Highway 82 Extensions of Vested Property Rights Dear Suzanne: Aspen Beaver Pond LLC ("Applicant'), a family LLC that was formed by Rick and Lisa Mattaway), is represented in this matter by Davis Horn Incorporated. On May 8, 2012 the Board of County Commissioners approved Resolution No. 053-2011 Finding a Taking and Remediation of the Taking for Aspen Beaver Pond LLC (see Attachment 1). The Resolution granted the property vested rights for a house comprised of 5,750 square feet which expire on May 9, 2015. The Applicant will submit an application for a new building permit within the current vested property rights tern and intends to build the house. The Applicant seeks an extension of vested property rights. Description of the Subject Property The subject property is located on State Highway 82, about 2.5 miles east of the City of Aspen on the way toward Independence Pass. As depicted on the Attachment 2, Vicinity Map, the site is located across State Highway 82 from the Northstar Nature Preserve. The property is zoned AR -10, which requires a minimum lot size of ten acres. It contains approximately 3.3 acres of land, making it a non -conforming sized lot of record. It is a vacant parcel of land improved with a short driveway directly off Highway 82. The west side of the property contains a large man-made pond, a smaller man-made pond and a man-made ditch which flows out of the larger pond in a southeasterly direction. The ponds, the Hanson ditch leading out of the larger pond and the surrounding vegetation are 100% man-made, therefore the regulations pertaining to wetland and riparian vegetation do not apply. The proposed approved Activity Envelope excludes the steepest portions of the property with slopes in excess of 30%. The entire property is subject to potential rockfall hazard which required the County staff to deny of past requests for land use approvals. The Applicant has demonstrated and the Board of County Commissioners has found that the rockfall hazard can be mitigated. 1 ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 000001 of /3 adavis@rof.net ghorn@rof.net History of Land Use Approvals on the Subject Property The subject property has received several land use approvals over the years under different owners. A land use approval was granted in 2004 followed by three minor amendments in 2006, 2007 and 2008. At the time of the 2004 approval, the rockfall hazard was identified and addressed. A detailed rockfall analysis specific to the location and design of the residence was not required until building permit review. The building permit review occurred in 2008 and land use approval amendments were required to accommodate the mitigation plan resulting from the detailed studies. County review and approval of the detailed rockfall analysis and the resulting mitigation plan was required and obtained prior to issuance of the building permit. A building permit based upon those approvals was issued on November 17, 2008. Due to the recession, the Chief Building Official extended the building permit for one year from the date of issuance, until November 17, 2009. Still, the building permit expired on November 17, 2009. Since the vesting of the 2004 approval expired on November 16, 2007 and since the building permit based upon those approvals expired on November 17, 2009, a new land use application to "refresh" the old approvals was submitted in June, 2010. The "refresh" application was denied due to rockfall hazards on January 26, 2012 pursuant to Administrative Decision No. 07-2012. On May 8, 2012 the Board of County Commissioners approved Resolution No. 053-2011 Finding a Taking and Remediation of the Taking for Aspen Beaver Pond LLC (see Attachment 1). Land Use Code Standards for Extension of Vested Property Rights Section 2-20-170 The Land Use Code standards appear in bold followed by the Applicant's responses. The Board may approve an extension of vested property rights or reinstatement of forfeited or expired vested property rights, for a period of up to three (3) years, in accordance with this section. Unless explicitly stated in the resolution or decision of the Board authorizing the extension or reinstatement, the vested right shall be modified at the time of the extension to require that the approved development conform to the terms and provisions of this Land Use Code on the date of the extension or reinstatement. Any request for reinstatement of a vested right shall be made within one (1) year of the expiration of the vested right associated with a Site -Specific Development Plan. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. A Site -Specific Development Plan may only receive one three (3) year extension. (1) Criteria In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider the following criteria: (a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights; Summary The Applicant received land use approvals for the subject site pursuant to a takings remediation hearing and planning on submitting a building permit within the three year vested property rights term established at the takings remediation hearing. As a precaution against unexpected events, the Applicant is seeking an extension of vested property rights. In the event the Mattaway family is unable to build the house as occurred in the past, they would like to avoid going through another time consuming and expensive land use review process which would require the staff to deny the application resulting in another takings remediation hearing. The following is a list of attachments referenced in this land use application. 1. Resolution of the Board of County Commissioners of Pitkin County Colorado, Finding a Taking and Remediating the Taking for Aspen Beaver Pond LLC 2. Vicinity Map 3. Pitkin County Community Development Department Permit Receipt Number 00027021, 11/17/08 4. Pitkin County Pre -Application Conference Summary Sheet 5. Ownership and Encumbrance Report 6. Letter from Applicant authorizing submission of application 7. Fee Agreement 8. List of Property Owners within 300 Feet The Applicant would like to thank the Community Development Department staff for their assistance in preparing this land use application and the building permit submittal for this property. Please contact me if you have questions or need any additional information. Sincerely, DAVIS HORN INCORPORATED GL N HORN AICP S 000003 RECEPTION#: 589614, 06106/2012 at ®— 03:6813 OF 7, R $0.00 Doc Code RESOLUTION Att 44-9 e n t Janice K. Vos Caudill, Min County, CO RESOa.0 a aviv yr rnz nvnacu ur a vuix a x %-vMMlSSIONERS OF PITIM COUNTY, loom COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR ASPEN BEAVER POND LLC Resolution No d?3.2011 RECITALS 1. Aspen Beaver Pond LLC ("Applicant") applied to the Community Development Director ("Director") for Activity Envelope and Site Plan Review approval to construct a single family residence. The proposed activity envelopes and site plan are the same as previously approved. 2. The property is located at 43251 Highway 82, and is more specifically described as Exhibit A. 3. The parcel is zoned AR -10 and contains approximately 3.3 acres. 4. The Hearing Officer granted 1041 hazard review approval, pursuant to Determination No. 30-2004. The Community Development Director approved two amendments to the approval and granted Scenic View Protection approval, pursuant to Administrative Decision Nos. 103-2006, 101-2007 and 102-2008. The amended site plan was recorded in Plat Book 89 at Page 2. The Applicant submitted a building permit before the vested rights expired in 2007, but the permit expired because work did not commence. 5. The Community Development Director ("Director") denied the application for Activity Envelope and Site Plan Review, pursuant to Administrative Decision No. 07-2012. The Director found that the entire parcel is within a rockfall hazard area, where development is prohibited by Sec. 7-20-50(c) of the Land Use Code ("Code"). 6. The Applicant submitted a request fora takings determination pursuant to Sec. 2-40-150 of the Code to determine whether the Director's denial of the application constitutes a taking of private property without just compensation. 7. The BOCC considered the takings request at a regular meeting on April 11, 2012, at which time further evidence and testimony were presented with respect to the taking. 8. The BOCC determined that a taking had occurred pursuant to Sec. 2-40-150(d) of the Code, based on the following findings: A. There is no area on the parcel that avoids the rockfall hazard. B. The rockfall hazard can be mitigated by construction of a rockfall barrier that has been designed by a qualified professional engineer. C. The denial constitutes a taking of all reasonable use and economic return on the property. 9. The BOCC further finds that the request complies with the applicable provisions of the Land Use Code ("Code") as follows: A. The wildfire hazard is mapped as low, and can be mitigated pursuant to the provisions of Sec. 7-20- 60(c) of the Code. B. The activity envelopes primarily contain slopes of less than 30%. Slopes in excess of 30% within Activity Envelopes #1, 3 and 4 are anomalies in an otherwise continuous slope of less 000004 Resolution No.00 -2012 Page 2 than 30%. The Code permits development in these areas of slopes in excess of 301/o, pursuant to Sec. 70-20-20(c)(3). Activity Envelope #2 contains slopes in excess of 45%; however, this envelope will only accommodate soil nails below the surface; no surface development will occur within this envelope. C. The parcel is within a mapped elk migration corridor; impacts on wildlife can be mitigated. D. The ponds, ditch and water features on the property are man-made, therefore, a setback is not required. E. The activity envelopes avoid the red and blue avalanche hazard zones and the alluvial fan to the southeast. F. The parcel is within the mapped Scenic View Protection Area. The proposed residence complies with the provisions of Sec. 7-20-120(d) of the Code as it is not located on the most visible portion of the site as seen from Highway 82; is sited as far as practical from the highway and does not project above a ridgeline; the bulk and mass of the residence has been broken up into a series of smaller forms and rooflines are staggered; and the residence will be screened with the existing and additional trees and vegetation. 10. The BOCC considered the remediation at a regular meeting on May 9, 2012, at which time the conditions of approval for the retnediation were accepted. NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Aspen Beaver Pond LLC Activity Envelope and Site Plan Review constitutes a taking pursuant to Sec. 2-40-150 of the Pitkin County Land Use Code. BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination. The exterior of the structures shall utilize indigenous earth tone materials or colors and the roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflectivity, with the exception of materials associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 3. Prior to submission of any future building permit applications for the residence, 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 Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Site Plan shall be amended to identify the fencing allowed pursuant to Condition #1 OH below. 4. The parcel is exempt from Growth Management for up to 5,750 square feet of floor area. 5. Prior to issuance of a building permit for a single family residence, the Applicant shall: 000005 Resolution No.00 -2012 Page 3 A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B. Obtain an on-site wastewater treatment system permit from the Environmental Health and Natural Resources Department. C. Obtain a fireplaceAvoodstove permit from the Community Development Department, if applicable. D. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the total development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. E. Obtain a driveway/access permit, which shall be approved by Planning/Zoning and the Aspen Fire Marshal. F. The retaining walls adjacent to the driveway shall be engineered, and the plans shall be reviewed and approved by Planning/Zoning. G. The soil nail plans shall be signed and stamped by a Colorado Registered Professional Engineer, and shall be reviewed and approved by Planning/Zoning. No development shall occur on the surface of the soil nail activity envelopes. H. Obtain a CDOT access permit. 1. Pay the applicable road and housing impact fees. J. Submit a construction management plan for review and approval by Planning/Zoning. K. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. L. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed. M. Submit a detailed landscaping plan. N. Submit a detailed exterior lighting plan. 6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 7. The Applicant shall submit an earthmoving permit for any improvements to the pond and water features, for review and approval by Planning/Zoning. Verification of adequate water rights shall be provided. If the pond is to be stocked with fish, the Applicant shall obtain a private lake license and stocking permit from the DOW. The pond can only be stocked with certified whirling disease free fish. S. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the residence. 9. Existing shall be preserved. 10. No development, including grading, excavation, fill placement, berating, landscaping, entry or ranch gates, construction parking and staging, vegetation removal or disturbance, well or septic system, shall occur outside of the approved activity envelopes, except to comply with the required wildfire mitigation. Utility and driveway extension and maintenance shall occur within the approved activity envelopes. 11. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelopes. J .7!711`1 Resolution Noj g-2012 Page 4 B. Provide waste storage thaf complies with the County Code regarding bear -proof containers. C. Dogs shall be kenneled within 50' of the residential buildings or leashed under human supervision when outside a required kennel. D. Avoid fruit -bearing trees and shrubs in any landscaping. E. Construction workers shall be prohibited from bringing dogs on-site during construction. F. During construction, a Wildlife Proof Refuse Container shall be provided on-site, and shall receive all refuse edible by wildlife. G. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes. H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. I. Fencing outside of the activity envelope is prohibited, except for fencing identified on the Site Plan. This fencing shall be parallel to Highway 82, have not more than two (2) rails, be wildlife friendly, and shall not extend any further than 40' from each side of the driveway. 12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, adequate area for turning around of fire equipment, installation of an approved fire sprinkler system and provision of an adequate water supply (20,000 gallons) for firefighting. 13. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Within 30' of all structures, all upland brush species (oak, serviceberry, chokecherry, sagebrush, etc.) shall be removed and remaining stumps shall be painted with Garlon herbicide to prevent resprouting. Wetland species (willow, birch, alder) may remain, unless within 15' of a window. 2) Within 30' of all structures, remaining trees and brush shall be thinned so that a minimum of 10' spacing shall exist between tree crowns, except for aspen or cottonwood trees where ladder fuels have been removed. 3) All other vegetation shall be kept to less than I' in height within 30' of all structures. 4) All branches from trees and brush within 30' of all structures shall be pruned to a height of 10' above the ground with removal of ladder fuels from around trees and brush. 5) All deadfall within 50' of all structures shall be removed. 6) Installed or native landscaping within 20' of the residence shall not contain any brushy or coniferous species. Aspen trees may be planted, but not within 10' of the residence and shall be kept limbed to 101. Tj The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 000007 Resolution No.00 -2012 Page S D. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. E. Additional wildfire mitigation standards: 1) Roof vents shall be screened with corrosive resistant wire mesh with mesh'/. inch maximum. 2) Roofs and gutters shall be kept clear of debris. 3) Yards shall be kept clear of all litter, slash, and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Swimming pools or ponds shall be accessible to Fire Department vehicles, if required. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. 9) Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -resistive construction on the exterior side of the walls. 10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. 12) New utility lines shall be buried within the driveway. 14. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. 15. The Applicant shall comply with the County's Noxious Weed Management Plan. 16. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 000003 ResolutionNo. M -2011 Page 6 17. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application might not be permitted under building and zoning regulations. 18. 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. 19. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use C e, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on 45 - 2015. APPROVED AND ADOPTED on the 9i° day of May, 2012. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of � , 2012. �k indyHoubei Community Development Director P053-10 PID 0273720100005 000009 BOARD OF COUNTY COMMISSIONERS, PffKIN COUNTY, COLORADO APPROVED AS TO FORM: John Fly" 2906 ttomey E CERTIFICATE OF OWNERSHIP Pitldn County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies tbat ASPEN BEAVER POND, LLC, A FLORIDA LIMITED LIABILITY COMPANY is the owner in fee simple of the following described property: A Tract of land situated in Section. 20, Township 10 South, Range 84 West of the Sixth Principal Meridian,. more particularly described as follows: Beginning at the North Quarter Corner of said Section 20, Tawnship 10 South, Range 84 West of the.6th P.M.; thence N'89°34'30" E 300.00 feet; thence S 38°07'101'`E 314.00 feet; thence S 89°34'30" W 516.00 feet to the Easterly right of way line of State Highway No. 82; thence the following courses and distances along said right of way line: N 52058'W 256.02 feet 132.49 feet along the are of a curve to the right having a radius of 533.00 feet (the chord of which bears N 45°50'44" W 132.15 feet); thence departing said right of way line N 89°34'30" E 321.36 feet to the point of beginning. Being Parcels 1 and 2, Smith Exemption Plat, recorded December 28, 1984 In Plat Book 16 at Page 81 County of Pitkin, State of Colorado ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSOR'S OFFICE: 43251 Highway 82, Aspen, CO 81611 ENCUMBRANCES: Deed of Trust from : ASPEN BEAVER POND; LLC, A FLORIDA LIMITED LIABILITY COMPANY and MATTAWAY LIMITED, A FLORIDA LIMITED PARTNERSHIP To the Public Trustee of the County of PITKIN For the use of : GIBRALTAR PRIVATE BANK & TRUST COMPANY Original Amount : $1,750,000.00 Dated : June 24, 2009 Recorded : June 25, 2009 Reception No. :560245 This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY:i� authorized signature CERTIFIED TO: June 4, 2010 at 8:00 A.M. Job No. ACCOM2525 000010 e 1 BM ^■�Mr�, • // \ IC WtT 3+� enc I/ Jr i—m� �fld ,I / Tnange . 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C, Pk 13913 I ,' O\^`211 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt nt RECEIPT NUMBER 00027021 i6i Name: IGLEHART CONSTRUCTION, CO Date: 11/17/2008 Project Address: 43251 HWY 82 Type: check #28993 Permit Number 0117.2007.PRBK 0117.2007.PRBK 0117.2007.PRBK 011Z2007.PRBK 0117.2007.PRBK 0117.2007.PRBK Fee Description PB- Building Permit Fee PB- Energy Code Deficiency PB- Zoning Res, Plan Check PB- Plan Check Fee Deficiency PB- Road Impact fee PB- Use Tax Deposit Amount 11,505.05 283,08 1,055.20 1,840.02 7,818.00 5,435.00 Total. 27.936.35 C en PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 LOCATION: 43251 Highway 82 PARCEL ID #: 273720100005 OWNERIAPPLICANT: Aspen Beaver Pond LLC REPRESENTATIVE: Glenn Horn Type of Application: Extension of Vested Rights DATE: 3/5/15 1 E-MAIL: suzanne.wolff(a)i)itkincountv.com ZONE: AR -10 SIZE: 3.3 acres EMAIL: ghorn@rof.net Description of Project/Development: The Applicant is requesting an extension of vested rights for the approval granted pursuant to BOCC Resolution No. 053-2012. The Applicant is redesigning the house within the approved footprint and needs additional time to prepare a building permit application. The Community Development Director denied a request for Activity Envelope and Site Plan Review approval, pursuant to Administrative Decision No. 07-2012. The BOCC then determined that the denial constituted a taking, and remediated the taking by granting approval for development of a single family residence, pursuant to Resolution No. 053-2012. The vested rights expire on May 9, 2015. The Site Plan has not been recorded. Land Use Code Sections to address in letter of requestlapplication: ➢ 2-20-170(d), Extension of Vested Rights Review by: BOCC Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all property owners within 300' and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Staff will refer to: East Aspen Caucus # I,cl$4 FEES: $4,482 (make check payable to "Pitkin County Treasurer") 130° ➢ $4,24& Planning flat fee (non-refundable; based or 40ours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $312/hour) ➢ $130 Clerk ➢ $54 Public Notice 000013 To apply, submit 5 copies of the following information, unless noted otherwise: 1. Letter of request, summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Approved Site Plan (1 copy @ 24" x 36"; 5 copies @ 11" x 17") 3. Copies of prior approvals the representative to process the application and 4. Consent from the owner of the property for represent the owner (1 copy); 5. 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. 6. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form attached); 8. This Pre -Application Conference Summary Sheet. NOTES: ➢ PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPIES OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000014 patachment ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SURE 202 ASPEN, COLORADO 8161 1 OWNERSHIP & ENCUMBRANCE REPORT This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements, covenants, conditions and restrictions. This report does include the results of a search under the names of the property owner(s) in the general index. - Liability of Attorneys Title Insurance Agency of Aspen, LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: April 24, 2015 Property Address: 43251 Highway 82, Aspen, Colorado 81611 Schedule No: R012501 Parcel No: 273720100005 Taxes: The fust half of 2014 taxes have been paid in full in the amount of: $16,648.98. The second half of 2014 Taxes are due in the amount of. $16,648.98. Taxes for 2015 are not yet due or payable. Legal Description: A tract of land situated in Section 20, Township 10 South, Range 84 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at the North Quarter Comer of said Section 20, Township 10 South, Range 84 West of the 6" P.M.; thence N 89°34'30" E 300.00 feet; thence S 38007'10"E 314.00 feet; thence S 89034'30" W 516.00 feet to the Easterly right of way line of State Highway No. 82; thence the following courses and distances along said right of way line: N 52058' W 256.feet 132.49 feet along the arc of a curve to the right having a radius of 533.00 feet (the chord of which bears N 45050'44" W 132.15 feet); Thence departing said right of way line N 89034'30" E 321.36 feet to the point of beginning. Being Parcel 1, Smith Exemption Plat, recorded December 28, 1984 in Plat Book 16 at Page 81, Pitkin County, Colorado. Record Owner: Aspen Beaver Pond, LLC, a Florida limited liability company The following Hens were found affecting the subject property: This property is currently free and clear. A o s Title InsurancoPency of Aspen, LLC By inter Van AI i e, Authorized Officer or Agent TELEPHONE (970) 925.7328 A A A FACSIMILE (970) 925.7348 000015 L. Richard Mattaway Aspen Beaver Pond LLC 6255 S.W. 92 Strut Miami, FL 33196 305-216-2$55 May 4, 2015 Suzanne Wolff AICD Pitkin County Community Development 130 South Galena Strftt Aspen: Colorado 81611 Re: Request for Extension of Vested Property Rights for 43251 State Highway 82 (Parcel 11) 2737-203-1 MO This lett authorizes Glenn Horn of Davis Horn lncogxnted to submit a land use application requesting an Extension of Vested Property Rights for a metes and bounds parcel located at 43251 State Highway 82 which is owned by Aspera Beaver Pond LLC. Please call 'meat 305 216 2555 if you have any questions. Thank you. Very truly yours, A.Vin Beaver Pond LLC L. Richard 43'attaway 000016 PITK N, COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES r:y,. KIN CCtUiTT"r if;ete€na. ,an i�iereiriafterAPPLICANT)AGREEAS IXI-OWS` APPLICANT has suhrnitted to COUNTY an Ppporaiuo'i zoo 's1*11Vti-4 h,cr, 173ti t. THEPROJECT-4 2: APPLICANT understands and agrees that Pilken Ccunty Cre1nar4e No. VC-20ra est aofishes a fee structure tot land use aptitcations and the payment of a ,irncsss ; sg roes is a wondition precedeiat to a determination of a piicat,on mp:;ker ess i�a'ee truIt rrr is based or ci +a. Courity.a policy that devialwmenf st^alt tray, at full, the cost of devel voTent review in Pitkin C:V my rr&s'fave hash set to be :'.'insistent and fair to We public and to reflect Ire expense ::incui red i'1 Prov''sdirxg;iLnih se^,aces ru me puts ic. .,, APPLICANT and COUNTY agree that because of the size; nature or scoop- of ;I e proposed pro ect, ;t may not be passible at the trine of appi:cation to ascertain the fust eme: it >_f ttie s *s tnvolver# in processing the appiivatsdn, 4, .APPLICANT aid COUNTY agree thatfees 0,arged for the processinru of Wed use shall accu T tlfalp it an apt3iication incitides `i2:`.rf' than hype of Ord use review, w. COUNTY" end APPLICANT further agree that it is imprac; crtble tar COUf l Y staff t+-, s,' friplifte processing or present sufficientinformation to the Planning Commissizin andror mrd of CnunCy uortrrrussroners to enahie She Plannisiid Commussiori andlar Board of County Comrniss.,o.,iars is make :egaicy ragiwired fnrsangs fur Drolectappruvat. unless c Trent biElings are (said In ILA cnorto e. 7heritistore, APPLICANT agrees that in ronsideratilon of the COUNTY's waiver of ils night c collect full fees pricer to a determination o: application compleferiess, APPLICANT shat pay a bas tee ,ra tire, amount of Sia.'.. which is baser esriq 4houfs of staff 'tree, and if actual "ime spent by stat= ;c process the application exceeds the average ri'umbar of hours by rnore than 20%, then the COUNTI+ will tilt tt>e APPLICANT quartany for, the additi anal time spent. Such periodic payments shall be made ftntri aQ dave of the billing date. APPLICANT further agrees that, failure to parr such ace, cad costs sh'44 i by crour'ds for suspension of processing, PITKIN COUNTY Cindy Houbert Community Development Director 4.isC1)7lfliyt.iidrn=ndaM35i`d€rEf.'[i#L;( to pay 000017 APPLICANT M BEAVER POND LLC G & R ASPEN LLC M AND M ASPEN LLC 40 SW 52ND AV 715 W MAIN ST #201 715 W MAIN ST#201 4IAMI, FL 33143 ASPEN, CO 81611 ASPEN, CO 81611 MILLER JEFFREY W & SUSAN W PITKIN COUNTY UNITED STATES FOREST SERVICE 9516 BELLA TERRA DR 530 E MAIN ST #302 ASPEN RANGER DISTRICT FORT WORTH, TX 76126 ASPEN, CO 81611 900 GRAND AVENUE GLENWOOD SPRINGS, CO 81602 _ent 000018 County of Pitkin ss. State of Colorado } AFFIDAVIT OF NOTICE & MAILING PURSUANT TO PITKIN COUNTY LAND USE CODE SECTION 2-20-100 1'1Urt c1� Pt- z �L G 1J v tlf—� nrl e—byr' \ being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property within 300' to the subject property, as indicated on the attached list, on the L day of 7"v\C-I 200Awhich is730days prior to the public hearing date of"71' It , The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of tee, a co of which is a lied hereto, b rst-class, post prepaid U.S. Mail Ore, least 30 prior to a public heart to the owner(s the mineral a to underneath the s 'ect pro , as Indic don the alta d list; on the day of 00_ (which is _ d s prior I e public g date of The n es and address of the mineral estate ners shall e those o e current to ecords of Pitki ounty as they eared no more than days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the `z, t day of TKv%e. , 20C4'which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached 4ereto. A�- ,r% 13 _,,_,jr /- Pa,rILLG Applicant's name Signature (Attach photograph here) G:\C=Wadmin\forms\aiffidavi t IC�c y Signed before me this s ay o��S 469 by fir!/? T/dY/L WITNESS MY HAND AND OFFICI L SEAL My commission expires: / PUBLIC NOTICE �TCs'( RE: Aspen Beaver Pond LLC Extension of Vested Right Ir (CASE# P043-15; PID 2737-201-00-005) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July 22, 2015 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Aspen Beaver Pond LLC (8540 SW 52nd Avenue, Miami, FL, 33143) requesting an extension of vested rights for the approval granted pursuant to BOCC Resolution No. 053-2012. The property is located at 43251 East highway 82 and is legally described as a tract of land situated in Section 20, Township 10 South, Range 84 West of the 0b P.M. The State Parcel Identification for this property is 2737-201-00-005 . The applicationlresolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. Comments or objections due by July 3, 2014. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on June 18, 2015. Attention Applicant/Representative: It Is your responsibility to do the following: i. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & MaiIing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at Ieast fifteen days (15) prior to the hearing S. Remove the Public Notice sign within one week after hearing date btL-P:(Ipi(kbicountv.com/DoculTientCetiter/Virw/41 57 L_q 'ASPEN BEAVER POND LLC G & R ASPEN LLC M AND M ASPEN LLC 85405W 52ND AVV h t� G� 715 W MAIN ST #201 715 W MAIN ST #201 MIAMI, FL. 33143 J ASPEN, C081611 ASPEN, CO 81611 MILLER JEFFREY W & SUSAN W PITKIN COUNTY UNITED STATES FOREST SERVICE 9516 BELLA TERRA DR 530 E MAIN ST #302 ASPEN RANGER DISTRICT FORT WORTH, TX 76126 ASPEN, CO 81611 900 GRAND AVENUE GLENWOOD SPRINGS, CO 81602 m a; to (a-10 , 2 15 ASPEN BEAVER POND LLC 8540 SW 52ND AV MIAMI, FL 33143 i I d � r a I d � PUBLIC NOTICE RE: Aspen Beaver Pond LLC Extension of Vested Right (CASE# P043-15; PID 2737-201-00-005) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July 22, 2015 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Aspen Beaver Pond LLC (8540 SW 52nd Avenue, Miami, FL, 33143) requesting an extension of vested rights for the approval granted pursuant to BOCC Resolution No. 053-2012. The property is located at 43251 East Highway 82 and is legally described as a tract of land situated in Section 20, Township 10 South, Range 84 West of the 6th P.M. The State Parcel Identification for this property is 2737-201-00-005 . The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. Comments or objections due by July 3, 2014. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on June 18, 2015. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date http://Vitkincounty.com/DocumentCenter/View/415 7 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 May 29, 2015 Glenn Horn 215 South Monarch Street, Suite #104 Aspen, CO 81611 ghom@rof.net Re: Aspen Beaver Pond LLC Extension of Vested Rights (PID 2737-201-00-005; Case P043-15) Dear Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, July 22, 2015 at a meeting to begin at 12:00 P.M. in the Plaza One Conference Room, 530 East Main Street, Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) 528/2015 Pitkin Canty Mail - 7/3!15 Due Pitkin Canty Land Use Aspen Beaver Pond LLC application C un NTt Bonnie Shiles <bonnie.waechtler@pitkincounty.com> 7/3/15 Due Pitkin County Land Use Aspen Beaver Pond LLC application 1 message Bonnie Shiles <bonnie.waechtler@pitkincounty.com> Thu, May 28, 2015 at 4:40 PM To: East of Aspen Caucus <robertoxenberg@aol.com> PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: East of Aspen Caucus FROM: Suzanne Wolff, Community Development Department Suzanne.wolff@pitkincounty.com RE: DATE: May 28, 2015 Aspen Beaver Pond LLC Extension of Vested Rights (CASE P043-15; PID 2737-201-00-005) Attached for your review are materials for an application submitted by Aspen Beaver Pond LLC. The Board of County Commissioners will review the application on Wednesday, July 22, 2015. Please return your comments to me by Friday, July 3, 2014. http://pitkincounty.com/DocumentGenterNiew/4157 htlos://mail.awc0e.com/mal/uV?u'=2&ik=661115d810&view=pt&search=seM&th=14d9caf7b4cl1bfl&siml=14dkzrlb4c/1bfl 1n 5/28/2015 Pitkin County Mail - 7/3/15 Due Pitkin County Land Use Aspen Beaver Pond LLC application Thank you. ?hank yon, Bonnie Shifes Administrative Assistant to Planning And Zoning Pitkin County Community Development 130 South Galena St, 3rd Floor Aspen, CO -81611 Phone: 970-920-5109 Bonnie.Shiles@pitkincounty.com https://mall.google.com/mail/uf0l?u*=2&ik=661115d810&view=pt&search=sent&th=14dgcaF% )4c11bfl&simI= 14d9caf7b4C11M1 2/2 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00038118 Name: Davis Horn Inc Date:5/11/2015 Project Address: 43251 HWY82 Type: check # 5409 Permit Number 0043.2015. PLAN 0043.2015. PLAN 0043.2015.PLAN Fee Description PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee Total: Amount 1,300.00 130.00 2.00 1,432.00