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Home My WebLink Aboutpitkin.planning.246731100007 (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: 2467-31-1-00-007 Application Date: 10/6/15 Case No: P074-15 Description: McBride Extension to File Conservation Easement Planner: Suzanne Wolff # Copies: 4 Allocated Hours: 3 Project Address: 0 E SOPRIS CREEK RD, BASALT, CO 81621 % Over Hours: 3.6 Property Owner: MCBRIDE JR Owner's REP: GLENN HORN REP's Email: ghorn@rof.net Referrals: Comments Due Date: Meetings: Meeting Date: Review Body: Public Hearing? Notice Date: Meeting Notes: Address: 1720 S BELLAIRE, #405 Owner Phone: DENVER, CO 80222 Address: 215 S MONARCH ST, 104 REP's Phone: (970) 925-6587 ASPEN, CO 81611 Other Referrals: 1st Meeting: 2nd Meeting: 10/14/2015 bocc no Approvals: BOCC Resolution #: 082-2015 #624338 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: I; O 'e--S-TI n G IApplication Type: Minor Special Review 3rd Meeting: DECISIONS STAFF MEMO DECISIONS RECEPTION#: 624338,10/23/2015 at 09:10:32 AM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vas Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING AN EXTENSION OF THE DEADLINE FOR RECORDATION OF THE CONSERVATION EASEMENT REQUIRED IN ASSOCIATION WITH THE JOHN P. MCBRIDE JR AND PETER M. MCBRIDE SPECIAL REVIEW FOR LEVHTED DEVELOPMENT CONSERVATION PARCEL TDRS Resolution NoA -2015 RECITALS 1. John P. McBride Jr. and Peter M. McBride ("Applicant") have requested an extension of the deadline to record the Conservation Easement required by the special review approval for Limited Development Conservation Parcel Transferable Development Rights ("TDRs"). 2. The BOCC granted approval pursuant to Resolution No. 103-2014 to sever 31 TDRs as permitted by Sec. 6-70-40(a)(9) of the Pitkin County Land Use Code ("Code"). Condition 93 of the approval required recordation of the Conservation Easement within 180 days of the date of the approval, which was granted on October 22, 2014. 3. The Community Development Director granted an extension from April 22, 2015 to October 22, 2015, pursuant to Administrative Decision No. 12-2015. The Director found that it was appropriate to extend the deadline as the Applicant was working with Pitkin County Open Space and Trails on a potential conservation plan that could have affected the TDR approval. 4. The property is located off of East Sopris Creek Road, and is more specifically described in Exhibit A. 5. The property is zoned RS -30 and contains approximately 635 acres. 6. The parcel was created prior to June 12, 1978, and has not merged with any adjacent parcels. 7. The BOCC considered the application at a regular meeting on October 14, 2015, at which time evidence and testimony were presented with respect to the application. 8. The BOCC finds that it is appropriate to extend the deadline established in BOCC Resolution No. 103- 2014 to provide additional time for the Applicant to explore other options for conservation of the parcel, while completing the base line environmental study that is required for the Conservation Easement. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it approves an extension of the deadline to record a Conservation Easement established in BOCC Resolution No. 103-2014 and extended by Administrative Decision No. 12-2015, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. Resolution No& 1015 Page 2 2. Prior to issuance of TDR Certificates, the Applicant shall be required to submit a Conservation Easement, which shall prohibit further development of the property. The Conservation Easement shall run to the benefit of the County, shall be enforceable by the County, and may not be released or amended without the consent of the County. Prior to recordation, the Conservation Easement shall be submitted to the County Attorney and the Open Space and Trails Land Officer for review; accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County Commissioners by Ordinance. When the Conservation Easement is submitted for review, the Applicant shall provide the County with a title policy to the property and baseline documentation for the property. 3. By February 22, 2016 and concurrent with issuance of the TDRs, the Applicant shall record the Conservation Easement. 4. The Applicant or future owner of the property shall not be eligible to apply for additional special review uses. 5. 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. APPROVED AND ADOPTED on the 14s' day of October, 2015. Jones, Clffrk to the BOCC APPROVED AS TO CONTENT: a Cin y ou en Community Development Director P[-15 PID #246731100007 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Steven F. Child, Chairman APPROVED AS TO FORM: John Ely Coun tey STAFF MEMO MEMORANDUM TO: Board of County Commissioners Regular MeetinOctober 14, 2015 THRU: Cindy Houben, Co �ty Development Director FROM: Suzanne Wolff, Senior Planner RE: McBride Special Review for Limited Development Conservation Parcel TDRs — Request to Extend Deadline to Record Conservation Easement SUMMARY: The Applicants are requesting an extension of the deadline to mord the Conservation Easement associated with the Limited Development Conservation Parcel TDRs. The Applicant is requesting a 120 day extension. APPLICANTS: John P. McBride Jr. and Peter M. McBride REPRESENTATIVE: Glenn Horn LOCATION: East Sopris Creek Road ZONING/LOT SIZE: The parcel contains approximately 635 acres and is conforming in size in the RS -30 zone district. BACKGROUND: On October 22, 2014, the BOCC approved Resolution No. 103-2014, which granted Special Review approval for Limited Development Conservation Parcel TDRs. Condition #3 of the Resolution required the Applicant to record a Conservation Easement within 180 days of the Resolution approval date (April 22, 2015), at which time the 31 TDRs would be issued. The Community Development Director approved Administrative Decision No. 12-2015, which granted an extension of the deadline. The Director found that it was appropriate to extend the deadline as the Applicant was working with Pitkin County Open Space and Trails on a potential conservation plan that could have affected the TDR approval. STAFF COMMENTS: The Applicant delayed work to complete the conservation easement while they were working with Open Space and Trails. Jonathan Lowsky is now preparing the base line environmental study that is required for the conservation easement. The conservation easement must be submitted to the County Attorney and the Open Space and Trails Land Officer for review; accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County Commissioners by Ordinance (two readings),prior to recordation and issuance of the TDRs. Open Space and Trails staff supports an extension of the deadline. The BOCC amended the Code, pursuant to Ordinance No. 028-2014, to change the rate at which TDRs are granted to a Limited Development Conservation Parcel from one TDR per 20 acres to one TDR per 35 acres. Resolution No. 103-2014 was approved before the Code was amended, so TDRs were granted at a rate of one per 20 acres, for a total of 31 TDRs. Under the revised Code, the parcel would be eligible for a total of 18 TDRs. RECOMMENDATION: Staff recommends that the BOCC approve a 120 day extension for recordation of the Conservation Easement associated with the McBride Special Review for a Limited Development Conservation Parcel, subject to the attached Resolution. Application provided separately RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTION COUNTY, COLORADO GRANTING AN EXTENSION OF THE DEADLINE FOR RECORDATION OF THE CONSERVATION EASEMENT REQUIRED IN ASSOCIATION WITH THE JOHN P. MCBRIDE JR. AND PETER M. MCBRIDE SPECIAL REVIEW FOR LIMITED DEVELOPMENT CONSERVATION PARCEL TDRS Resolution No. -2015 RECITALS 1. John P. McBride Jr. and Peter M. McBride ("Applicant') have requested an extension of the deadline to record the Conservation Easement required by the special review approval for Limited Development Conservation Parcel Transferable Development Rights ("TDRs"). 2. The BOCC granted approval pursuant to Resolution No. 103-2014 to sever 31 TDRs as permitted by Sec. 6-70-40(a)(9) of the Pitkin County Land Use Code ("Code"). Condition #3 of the approval required recordation of the Conservation Easement within 180 days of the date of the approval, which was granted on October 22, 2014. 3. The Community Development Director granted an extension from April 22, 2015 to October 22, 2015, pursuant to Administrative Decision No. 12-2015. The Director found that it was appropriate to extend the deadline as the Applicant was working with Pitkin County Open Space and Trails on a potential conservation plan that could have affected the TDR approval. 4. The property is located off of East Sopris Creek Road, and is more specifically described in Exhibit A. 5. The property is zoned RS -30 and contains approximately 635 acres. 6. The parcel was created prior to June 12, 1978, and has not merged with any adjacent parcels. 7. The BOCC considered the application at a regular meeting on October 14, 2015, at which time evidence and testimony were presented with respect to the application. 8. The BOCC finds that it is appropriate to extend the deadline established in BOCC Resolution No. 103- 2014 to provide additional time for the Applicant to explore other options for conservation of the parcel, while completing the base line environmental study that is required for the Conservation Easement. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it approves an extension of the deadline to record a Conservation Easement established in BOCC Resolution No. 103-2014 and extended by Administrative Decision No. 12-2015, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. W Resolution No. _-2015 Page 2 2. Prior to issuance of TDR Certificates, the Applicant shall be required to submit a Conservation Easement, which shall prohibit further development of the property. The Conservation Easement shall run to the benefit of the County, shall be enforceable by the County, and may not be released or amended without the consent of the County. Prior to recordation, the Conservation Easement shall be submitted to the County Attorney and the Open Space and Trails Land Officer for review; accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County Commissioners by Ordinance. When the Conservation Easement is submitted for review, the Applicant shall provide the County with a title policy to the property and baseline documentation for the property. 3. By February 22, 2016 and concurrent with issuance of the TDRs, the Applicant shall record the Conservation Easement. 4. The Applicant or future owner of the property shall not be eligible to apply for additional special review uses. 5. 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. APPROVED AND ADOPTED on the 14ih day of October, 2015. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: C' y ou n Community Development Director 15 PID PID #246731100007 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO L-A Steven F. Child, Chairman APPROVED AS TO FORM: John Ely County Attorney APPLICATION MATERIAL Davis ®rn,'.nc- PLANNING & REAL ESTATE CONSULTING October 2, 2015 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: McBride Special Review for Limited Development Conservation Parcel TDRs: Request for Extension to File Conservation Easement (Parcel ID # 2467-311-00-007) Dear Suzanne: John P. McBride Jr. and Peter M. McBride (Applicant) own a 635 +/- acre parcel located on East Sopris Creek Road as depicted on Attachment 1, a Vicinity Map (Parcel ID #2467-3114-00-007). The applicant is represented in this land use application by Davis Horn Incorporated. The subject site is located in the RS -30 zone district and is unimproved. On October 22, 2014 the Board of County Commissioners approved Resolution No. 103-2014 Granting Special Review Approval to the Applicant for Limited Development Conservation Parcel TDRs (Attachment 2). Condition # 3 of the Resolution required the Applicant to record a conservation easement within 180 days of the Resolution approval date (April 22, 2015). Last winter, the Applicants requested an extension of the deadline for recording the conservation easement to enable the Applicant to work with Pitkin County Open Space and Trails on a potential conservation plan which would include the 635 acre parcel and the larger Lost Marbles Ranch which is owned by the McBride family. On March 4, 2015 the Community Development Director approved Administrative Decision No. 12-2015 which extended the deadline for the Conservation Easement to October 22, 2015 (see Attachment 3). The Applicant and John McBride have been working with Open Space and Trails continuing the effort to develop a comprehensive conservation plan for the 635 acre parcel and the larger Lost Marbles Ranch. This effort has delayed work to complete the conservation easement. Jonathan Lowsky is preparing the baseline environmental study for 635 acres conservation easement. The Board of County Commissioners must accept the easement by ordinance which takes two ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 adavisGrAnet ghcm®rd.net readings. Consequently, the Applicant requests a 120 day extension for recording the conservation easement. Sincerely, 4LEHO4AICP 0 K246536100007 246536100008 246730200006 / 246730200007 McBride Parcel 246731100007 N 0 475 950 I W+ E Feet S map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2014 Aspen/Pitkin GIS Wn 14 1044 01 nr�c�cisve�w�rvv�umaaw..m,e "I ti RECEPTION#: 615206, 11/0712014 at 09:26:36 AM, I of 3. R $0.00 Doc Code RESOLUTION Janice K. Vas Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING SPECIAL REVIEW APPROVAL TO JOHN P. MCBRIDE JR. AND PETER M. MCBRIDE FOR LIMITED DEVELOPMENT CONSERVATION PARCEL TDRS Resolution No -Ag -2014 RECITALS 1. John P. McBride Jr. and Peter M. McBride ("Applicant"), have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to sever TDRs from a "Limited Development Conservation Parcel' that is unimproved and on which no development is proposed. 2. The property is located off of East Sopris Creek Road, and is more specifically described in Exhibit A. 3. The property is zoned RS -30 and contains approximately 635 acres. 4. The parcel was created prior to June 12, 1978, and has not merged with any adjacent parcels. 5. The application was submitted on September 4, 2014, which was prior to the effective date (September 7, 2014) of Ordinance No. 026-2014, which amended the Limited Development Conservation Parcel TDR provisions. Therefore, the application is not subject to Ordinance No. 028-2014. 6. The BOCC considered the application at a duly noticed public hearing on October 22, 2014, at which time evidence and testimony were presented with respect to the application. 7. The BOCC finds that the property complies with the criteria for Limited Development Conservation Parcels in Sec. 6-70-40.a.9 of the Code, and, therefore, is eligible for severance of 31 Transferable Development Rights (TDR) Certificates (one TDR20 acres). NOW, THEREFORE, BE rr RESOLVED by the BOCC that it grants special review approval to John P. McBride Jr, and Peter M. McBride for severance of TDRs from a Limited Development Conservation Parcel, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to issuance of TOR Certificates, the Applicant shall be required to submit a Conservation Easement, which shall prohibit further development of the property. The Conservation Easement shall run to the benefit of the County, shall be enforceable by the County, and may not be released or amended without the consent of the County. Prior to recordation, the Conservation Easement shall be submitted to the County Attorney and the Open Space and Trails Land Officer for review; accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County Commissioners by Ordinance. When the Conservation Easement is submitted for review, the Applicant shall provide the County with a title policy to the property and baseline documentation for the property. 61 ResOfurionNo. -1014 Page 2 3. Within 190 days of the date of this approval and concurrent with issuance of the TDRs, the Applicant shall record the Conservation Easement. 4, The Applicant or future owner of the property shall not be eligible to apply for additional special review uses. 5. 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. A NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the IV' day of September, 2014. APPROVED AND ADOPTED on the 22nd day of October, 2014. 5- 17 z BOARD OF COUNTY COMMISSIONERS, PITKIN�COUNTYY, COLORADO By n Robert A. Ittner, Jr., Chair i, Clerk tot 1130 cu AS TO CONTENT: APPROVED AS TO FORM: Cindy H��C� - j�john Ely Community Development Director u rney P076-14 PID #246731100007 xzczrrION9: 595592 !/31/2012 at 11:2/:24 AN, 2 OT 3, Janiw K. Voa Cauda--, Pitkin County, CO GO0030 L) EXHIMTA AA itm tnl pmpmy a.uM by IR lard h Lank•=. a Calondo Gml,a! Iiabdity,omp,ny, it Smd= 31, To„mhip 1 SOmb, IL lP 66 Ww at N, Slnh p.!d; lv, bq pevemn,nt IOa 3, 2, 1, 9. 12, 12, 16, 11, North aa htl[ of da Soadu- pnt-5uvlw, WOct» Oefqu V Of 9u Smuhr,O Oar qw, , Ew Ont-h,if O[ Ib, Nwe w On,qu,rar, atd NOnha,o onequnu, SOOSan 31, Towmhip i Somh. Kyt6, 66 Ww O( the SIA p.M. 3 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITIQN COUNTY, COLORADO, APPROVING AN AMENDMENT TO THE BOCC RESOLUTION NO. 103-2014, WHICH GRANTED SPECIAL REVIEW APPROVAL TO JOHN P. MCBRIDE JR. AND PETER M. MCBRIDE FOR LIMITED DEVELOPMENT CONSERVATION PARCEL TDRS Administrative Decision NOa -2015 RECITALS 1. John P. McBride Jr. and Peter M. McBride ("Applicant") have requested an extension of the deadline to record the Conservation Easement required by the special review approval for Limited Development Conservation Parcel Transferable Development Rights ("TDRs"). 2. The BOCC granted approval pursuant to Resolution No. 103-2014 to sever 31 TDRs as permitted by Sec. 6-70-40(a)(9) of the Pitkin County Land Use Code ("Code"). Condition #3 of the approval required recordation of the Conservation Easement within 180 days of the date of the approval, which was granted on October 22, 2014. 3. The Applicants are working with Pitkin County Open Space and Trails on a potential conservation plan that would include the subject parcel and could affect the Limited Development Conservation Parcel TDR approval, and, therefore, are requesting an extension of the deadline to record the Conservation Easement to October 22, 2015. 4. The property is located off of East Sopris Creek Road, and is more specifically described in Exhibit A. 5. The property is zoned RS -30 and contains approximately 635 acres. 6. The Community Development Director finds that it is appropriate to extend the deadline established in BOCC Resolution No. 103-2014 to provide additional time for the Applicant to explore other options for conservation of the parcel. THE DIRECTOR DOES HEREBY APPROVE an amendment to BOCC Resolution No. 103- 2014 to extend the deadline for recordation of a Conservation Easement to October 22, 2015. APPROVED by the Director, this H day of M, 12, , 2015. Cindy Houben, Community Development Director P076-14 PID #246731100007 RECEPTION#: 617892, 0310612015 at 12:42:41 PM, 1 OF 3, R $0.0o Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO RMMPTIONO: 59559 2/31/2012 at 11:26:24 AM, 2 OE 3, ' J.i.. K. Vow Oau�_., Pitkin County, M BKN1Byf A All lhat rat pmpeny owned by UC Land & Caine, LLC, a Colorado limited liability company, in Section 31. Towruhip g South, Runge g6 Wat ofthe Sixth P.M.; Including gavermaent lou S. 7. g, 9, 12.13, 14, IS. North onohalf of tha Soothast one-quarter, Notthwt or eyoanv of the Sowhwen ea-gwnv, Ft one-half of the N.1b w on"-na. and Nonhan onngnvty, Section 31. Township g Soath, Ran6e 96 Wen oftbe Sixth P.M. IN IIIIIINNNIfNINNIIIIiNNI�ICIINQ 1191: 246fiB;11 8, i411..1.1..10 GJ,n G 1 n9.aa 0 lane RECEPTION#: 595592, 12/31/2012 at 11:25:24 AM, 1 OF 3, R $27 OF $0.00 Janice K. VoR Caudill, Pitkin County, CO GENERAL WARRANTY DEED JOHN P. MCBRIDE, whose address is 307 E AABC Aspen, CO 81611 as a gift, hereby Vanafrls and conveys to JOHN P. McBRIDE Jr., as to an undivided two-thirds (% do) interest as renam in common, and PETER M. MCBRIDE, a to an undivided cuc-thud (1A rd) interest as mmnt in common, whose address is do John P. McBride, 303 E AABC Aspen, CO 81611, the following real property, in the County of Pitkin, State of Colorado: See Exhibit A attached hereto and incorporated herein with al I its appmenancm, and warrants the title to the same, subject to and except for geneml taxes for 2012 and thereafter payable in 2013 aad thereafter. ALL REFERENCES BEING TO THE RGAL PROPERTY RECORDS OF PITKIN COUNTY. COLORADO. Dated: December a,2012. J.hi P. McBride V STATEOFCOLORADO ) )u COUNTY OF PITLCIN ) The foregoing Instrument was acknowledged before Ire the undersigned authority on December22, 2012, by John P. McBride. WITNESS MY BAND AND SEAL. My commission expires: 11/12/2013 Notary Pu [SEAL] WESLEY C SULEK C RECEPTION#: 595592, 12/31/2012 at 11:26:24 AN, 2 OF 3, • Janco A. Von Caudill, Pitkin County, 00 EXNIHff A All 8w reel property owned by UE Land k CeNe, LLC, s Colorsdo limitd liability company, in Section 31, Township 8 South, Range 86 Wen of the Sixth P.M.; Including gevemment loo 5, 7, 8, 9, 12, 13, 14, IS, North one-half of the Southeast onaqusrler, Nonheut one-quarter of the Southwest onaqustter, East one-half of the Northwest onequaneq and Nonheast one -gutter, Section 31, Township 8 South, Range 86 West of the Sixth P.M. I�n��llila�llb'IIIhdIIINl�lll�le'ull� Tale sr..0 au nnia mu,r. u n m.0 a iaa.w /U RECEPTION#: 595592, 12/31/2012 at 11:26:24 AM, 3 OF 3, Janice K. Voe Caudill, Pitkin County, CC W I1�I�IIIIa IN818 ." 0 tt" ;, >m uwta nxu nnla mum m • )a.N 0 IN.N 1000 500 0 1000 2000 SCALE+T' • 1000' 8 NN t4 18 T OFN8 BWY. OF THE 8!K — v is to 1e is T 6S a BE C W I1�I�IIIIa IN818 ." 0 tt" ;, >m uwta nxu nnla mum m • )a.N 0 IN.N 1000 500 0 1000 2000 SCALE+T' • 1000' U1/LL/VG 11.Y1 •..0 January 21, 2002 Sheet 1 Of 2 Light Ranch Parcel 8: ALL THAT REAL PROPERTY OWNED BY JOHN P. MCBRIDE IN SECTION 31, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH P.M.; INCLUDING GOVERNMENT LOTS 5, 7, 8, 9, 12, 13, 14, 15, NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER, NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER, AND NORTHEAST ONE QUARTER, SECTION 31, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH P.M. .. S PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and To n r, rAc L, -J r 7r. "t t"e-Tc✓HC�r�C (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for CJ G (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2015 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full feggs�p�ior o a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ ` 5 Iy which is based on_ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Effective 5/4/15 13 I`"t��(sr�a Print Name Signature Date: O C -2- Mailing Mailing Address: �(AJ}U^3 wsr (-\ A tC- v ��61r John P. McBride Jr. Peter M. McBride �C 303 East AABC Aspen, CO. 81611 970 927-4496 970 948-1718 October 2, 2015 Suzanne Wolff AICP City of Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Minor Amendment to a Development Permit for the 635 Acre McBride Property known as the Light Ranch and Lost Marbles Ranch on East Sopris Creek Road (Parcel ID #2467-3114-00-007) Dear Suzanne: John P. McBride and Peter M. McBride are the owners of a 635 +/- acre parcel in the East Sopris Creek Valley. As the property owner, this letter authorizes Davis Horn Incorporated to submit a land use application on behalf of the McBrides and to represent them in the land use review process. Glenn Horn or Alice Davis of Davis Horn Incorporated can be reached at 970 925-6587 and are located at 215 South Monarch Street Suite 104 in Aspen Colorado. The parcel identification number (PID) for the property is 2467-3114-00-007. Sincerely, L'P -ft - - ohn P. McBride Jr., Owner Peter M. McBride, Owner I LI MISCELLANEOUS DOCUMENTS PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00039095 Name: The Aspen Business Center Comp Date:10/6/2015 Project Address: 0 E SOPRIS CREEK RD Type: check # 24736 Permit Number Fee Description Amount 0074.2015.PLAN PP- Flat Fee 975.00 0074.2015.PLAN PP- Clerk Fee 130.00 Total: 1.105.00