HomeMy WebLinkAboutbocc.min.reg.09252002 PITKIN COUNTY COMMISSIONERS
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 25, 2002
(Mick Ireland and Patti Clapper not present)
2:00 PM Location: Plaza One Conference Room
ADDITIONS/DELETIONS TO AGENDA
CONSENT ACTIONS
Minutes of 9/11 Regular Meeting, and 4/16, 4/23, 5/7, 5/21, 6/18, 7/9, 7/15, 7/16, 7/17, 7/23,
7/30, 8/6, 8/7, 8/12, 8/13, 8/20, 8/26, 9/3, and 9/10 Work Sessions.
CONSENT PUBLIC HEARING
1. 2"'Reading, Ordinance Accepting the Conveyance of Real Property from R&R Trading, Inc.
(continued from 8/28, to be continued to 10/23), Debbie Quinn(PN 6/29)
2. 2"' Readi g, Ordinance Conveying an Easement to Holy Cross Energy on the Stein Open
Space Property, Dale Will (PN 9/14)
ADMINISTRATIVE ACTIONS
3. Presentation of the Summary of John Dady Personnel Review Board Hearing Transcripts to
the Board of County Commissioners, John Ely
ADMINISTRATIVE PUBLIC HEARINGS
4. 2"' Reading, Resolution Approving Annexation IGA w/Town of Basalt, E. Sassano (PN 8/2)
3:00 PM PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS
Redstone Centennial Proclamation
LAND USE AGENDA
CONSENT PUBLIC HEARINGS
1. Wedemeyer Special Review for a Caretaker Dwelling Unit, (PN 08/24/02), (application
withdrawn by applicant)—E. Louthis
2. Acquisition of Child Ranch Conservation Easements, 2"' Reading, (PN 9/14/02) - Dale Will
CONSENT ACTIONS
3. Capitol Creek Ranch Rezoning, 1041 Hazard Review, Conceptual Submission, Special
Review, GMQS Exemption, Scenic Overlay, Code Amendment, 2"' Reading— S.
Wolff
4. Code Amendments—2" Reading— S. Wolff
5. Rather Subdivision Conceptual Submission, 1041 Hazard Review, 2"' Reading—L. Clarke
6. Alcayla LLP Takings Remediation—B. McNellis
LAND USE PUBLIC HEARINGS
7. KJAX Special Review, Scenic Review, GMQS Exemption for Commercial Development with
Negligible Growth Impacts, (PN 08/24/02)—B. McNellis
8. Kirianoff South Parcel Subdivision/PUD Conceptual Submission, 1041 Hazard Review,
Special Review& GMQS Exemption, V Reading, (PN 08/24/02), S. Wolff .
LAND USE ACTIONS
9. Bane Tracts Development Agreement—B. McNellis & J. Ely
10. Code Amendments
BOCC OPEN DISCUSSION
ADJOURN
APPROVED OCTOBER 9,2002
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
SEPTEMBER 25, 2002
NOTE: For all staff memorandums and associated documents, including additional
exhibits submitted, refer to BOCC PACKET for September 25,2002
CALL TO ORDER: Vice-Chairperson Jack Hatfield convened the regular meeting of
the Board o_fC`ounty Commissioners at 2:00 p.m.
COMMISSION MEMBERS PRESENT: Commissioners Jack Hatfield, Dorothea
Farris and Shellie Roy
COMMISSION MEMBERS ABSENT: Commissioners Patti Clapper and Mick Ireland
due to their attendance at other meetings on behalf of the county.
ADDITIONS/DELETIONS TO AGENDA: None
CONSENT AGENDA:
CONSENT ACTIONS:
APPROVAL OF MINUTES OF WORK SESSIONS OF APRIL 16,APRIL 23,
MAY 7, MAY 21,JUNE 18,JULY 99 JULY 15 JULY 16,JULY 17,JULY 23,
JULY 30,AUGUST 69 AUGUST 79 AUGUST 129 AUGUST 13,AUGUST 20,
AUGUST 26 AND SEPTEMBEIR-3RD9 AND SEPTEMBER 10 AND REGULAR
MEETING OF SEPTEMBER 11,2002 —MOTION TO APPROVE—STAFF
PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY
COMMISSIONERS
Commissioner Farris moved approval of the Consent Actions agenda.
Commissioner Roy seconded the motion. Motion passed unanimously.
CONSENT PUBLIC HEARINGS:
SECOND READING—ORDINANCE ACCEPTING THE CONVEYANCE OF
REAL PROPERTY FROM R&R TRADING, INC—TO BE CONTINUED TO
BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING SEPTEMBER 25,2002
OCTOBER 23, 2002—STAFF PERSON: DEBBIE QUINN,ASSISTANT
COUNTY MANAGER—APPLICANTS RAY AND CAMILLA AUGER
SECOND READING AND PUBLIC HEARING—ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
CONVEYING A UTILITY EASEMENT TO HOLY CROSS ENERGY ACROSS
STEIN OPEN SPACE—MOTION TO APPROVE—STAFF PERSON: DALE
WILL—APPLICANT: HOLY CROSS ENERGY
Commissioner Farris moved approval of the Consent Public Hearings Agenda.
Commissioner Roy seconded the motion.
Chairperson Hatfield opened the hearings to public comment. There being no
comment, he closed the public hearing and called the question. Motion passed with
three yea votes. Commissioners Ireland and Clapper absent.
ADMINISTRATIVE ACTIONS:
PRESENTATION OF THE SUMMARY OF JOHN DADY PERSONNEL
REVIEW BOARD HEARING TRANSCRIPTS TO THE BOARD OF COUNTY
COMMISSIONERS
John Ely, County Attorney, submitted the record of the personnel hearing concerning
John Dady's appeal, which was heard before the Pitkin County Personnel Review Board,
on the county manager's decision to terminate his employment with the county. He
advised the board that they have 20 days, from today's date, to review the decision of the
termination of this particular employee and decide whether or not to uphold the previous
determination of the manager or overturn it.
ADMINISTRATIVE PUBLIC HEARINGS:
CONTINUED SECOND READING—RESOLUTION AUTHORIZING PITKIN
COUNTY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
WITH THE TOWN OF BASALT REGARDING REFERRAL OF LAND USE
DEVELOPMENT APPLICATIONS AND JOINT PLANNING ACTIVITIES—
MOTION TO CONTINUE SECOND READING TO—OCTOBER 9 2002—
STAFF PERSON: ELLEN SASSANO,LONG RANGE PLANNER
Ellen Sassano explained to the Board that representatives from the Town of Basalt were
unable to attend this meeting due to a conflict with a budget meeting. She proceeded
with her presentation associated with this item as summarized in his memorandum
contained in the BOCC packet for this meeting.
A discussion ensued with respect to the language in the agreement. Commission
members requested a few amendments and directed staff to meet with officials of the
BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING SEPTEMBER 25,2002
Town of Basalt to discuss these changes and bring the agreement back on October 9t'for
a continued second reading
Commissioner Farris moved to continue second reading and public hearing to
October 9,2002. Commissioner Roy seconded the motion. Motion passed with
three yea votes. Commissioners Clapper and Ireland absent.
PUBLIC COMMENT: None
COMMISSIONER COMMENTS: Commissioner Hatfield urged the community of
Pitkin County, as they enter into the election season this year, to focus on the issues and
not personalities.
Commissioner Roy urged the community to not only focus on reality, but also focus on
the facts.
A PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN, COUNTY COLORADO, RECOGNIZING THE HISTORIC REDSTONE
INN CENTENNIAL 1902-2002
LAND USE AGENDA:
CONSENT PUBLIC HEARINGS:
WEDEMEYER SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT—
APPLICATION WITHDRAWN BY APPLICANT
SECOND READING AND PUBLIC HEARING—ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
APPROVING THE ACQUISITION OF A CONSERVATION EASEMENT AND
OPTION AGREEMENT WITH THE CAPITOL CREEK RANCH COMPANY
(CHILDS RANCH)—STAFF PLANNER: SUZANNE WOLFF—APPLICANT:
BOB CHILD
Commissioner Farris moved approval of the Consent Actions Agenda.
Commissioner Roy seconded the motion. Motion passed with three yea votes.
Commissioners Clapper and Ireland.
CONSENT ACTIONS:
Commissioner Roy moved to amend the agenda by moving the Ordinance amending
the Land Use Code to the Land Use Actions portion of the agenda. Commissioner
Farris seconded the motion. Motion passed with three yea votes.
SECOND READING - ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY9 COLORADO REZONING A
BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING SEPTEMBER 25,2002
POTION OF THE CAPITOL CREEK RANCH FROM RS-30/PUD TO
RURAL/REMOTE (CHILDS RANCH)—STAFF PLANNER: SUZANNE WOLFF
—APPLICANT: BOB CHILD
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,APPROVING THE CAPITOL CREEK RANCH 1041
HAZARD REVIEW, CONCEPTUAL SUBMISSION, SCENIC OVERLAY,
SPECIAL REVIEW AND GNI S EXEMPTION—STAFF PLANNER: SUZANNE
WOLFF—APPLICANT: BOB CHILD
Commissioner Roy reiterated her comments from previous hearings on this matter with
respect to employee housing. She said even though this is a fabulous application, it does
create seven homes and a house in the rural and remote area, it does not provide for any
employee mitigation impact fee for 20 years. However, because of the merits of the
subdivision she is in agreement to waive that particular requirement.
Commission members thanked the Child's family for what they had contributed to the
community and all the other entities involved.
SECOND READING AND PUBLIC HEARING ON ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
AMENDING THE FOLLOWING SECTIONS OF THE PITKIN COUNTY LAND
USE CODE: 3-40-115, RURAL/REMOTE ZONE DISTRICT; 3-40-240,VILLAGE
COMMERCIAL ZONE DISTRICT; 3-50-020,ROAD SETBACKS; 3-190-050,
SUBDIVISION EXEMPTION FOR PARCELS FOR ESSENTIAL COMMUNITY
FACILITIES, CREATION OF OPEN SPACE PARCELS AND CREATION OF
PARCELS FOR CONVEYANCE TO PUBLIC ENTITIES FOR PUBLIC
PURPOSES; 3-200-020, CONSTRUCTION OF A SINGLE FAMILY RESIDENCE
WITH MORE THAN FIVE BEDROOMS; 4-160-040, SUMMARY OF
DEVELOPMENT REVIEW PROCEDURES; AND 8-01, DEFINITIONS OF
"FLOOR AREA" AND "YARD"; AND ADDING THE FOLLOWING SECTIONS
TO THE PITKIN COUNTY OPEN SPACE PARCELS AND CREATION OF
PARCELS FOR CONVEYANCE TO PUBLIC ENTITIES FOR PUBLIC
PURPOSES; AND 4-50-036, SPECIAL PROCEDURES FOR SUBDIVISION
EXEMPTION FOR CREATION OF OPEN SPACE PARCELS AND CREATION
OF PARCELS FOR CONVEYANCE TO PUBLIC ENTITIES FOR PUBLIC
PURPOSES—MOTION TO APPROVE STAFF PLANNER: SUZANNE WOLFF
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,APPROVING THE RATHER SUBDIVISION,
CONCEPTUAL SUBMISSION, AND 1041 HAZARD REVIEW—MOTION TO
APPROVE—STAFF PLANNER: LANCE CLARKE—APPLICANTS: RAY AND
MAXINE RATHER
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONER OF PITKIN
COUNTY, COLORADO,FINDING A TAKING AND REMEDIATING THE
TAKING FOR ALCAYLA PARTNERSHIP,LLP 1041 HAZARD REVIEW,
BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING SEPTEMBER 25,2002
5
CONCEPTUAL SUBMISSION AND CARETAKER DWELLING UNIT—
MOTION TO APPROVE—STAFF PLANNER: BRIAN MCNELLIS -
APPLICANT: ALCAYLA PARTNERSHIP, LLP
Commissioner Farris moved approval of the Consent Actions agenda.
Commissioner Roy seconded the motion. Motion passed with three yea votes.
Commissioners Clapper and Ireland absent.
LAND USE PUBLIC HEARINGS:
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO GRANTING SPECIAL REVIEW, SCENIC OVERLAY
REVIEW AND GMQS EXEMPTION OF COMMERCIAL DEVELOPMENTS
WITH NEGLIGIBLE GROWTH IMPACTS AND CHANGES IN USE TO THE
KAJX ROARING FORK RADIO SITE ON SMUGGLER MOUNTAIN—
MOTION TO APPROVE—STAFF PLANNER: BRIAN MCNELLIS—
APPLLICANT: ROARING FORK PUBLIC RADIO
Brian McNellis, Staff Planner,proceeded with a presentation associated with this item as
summarized in the BOCC packet for this meeting.
Mr. McNellis recommended the following additional amendments to the conditions of
approval:
• Changing the term of the lease agreement from 20 years to 19 years.
• A requirement that the applicant shall provide a drainage and erosion
control plan for the access road to the facility to the satisfaction of the
County Engineer.
Commissioner Roy moved approval of the Resolution, approving the KJAX
application with the amendments recommended by staff. Commissioner Farris
seconded the motion.
Chairperson Hatfield opened the hearing to public comment.
Stan Clauson and Tom Eirman, representing KJAX gave a brief overview of their
proposal. Mr. Eirman asked if they would have to come back before the Board at the end
of the 19 year period to renew their lease?
Lance Clarke responded that if this lease ends and KJAX voluntarily does a new lease,
then there would be no need to come back to the Board of County Commissioners.
There being no further comment, Chairperson Hatfield closed the public hearing
and called the question. Motion passed with three yea votes. Commissioners
Clapper and Ireland absent.
BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING SEPTEMBER 25,2002
FIRST READING -RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE
KIRIANOFF SOUTH PARCEL SUBDIVISION/PUD CONCEPTUAL
SUBMISSION, 1041 HAZARD REVIEW, SPECIAL REVIEW AND GM S
EXEMPTION - MOTION TO APPROVE AND SET FOR SECOND READING
ON OCTOBER 9,2002—STAFF PLANNER: SUZANNE WOLFF—
APPLICANTS: PAT AND DR. GREGORY KIRIANOFF
Suzanne Wolff, Staff Planner,proceeded with a presentation, associated with this item, as
addressed in her memorandum contained in the BOCC packet for this meeting.
Glenn Horn, Consulting Planner for the applicants, gave an overview of their proposal
including the history of the property. The proposal is contained in the BOCC packet for
this meeting.
Mr. Horn said that overall, they concur with the planning department's recommendation
on their application with the following changes for consideration by the Board as follows:
• An amendment to Condition No. 5 that the applicant be allowed to tear down
the house and reconstruct it without relocating the trail to the railroad tracks.
The trigger being construction of the two additional houses and not the
reconstruction of the existing house should that occur.
Mr. Horn said they are trying to compare the impacts associated with the use, and right
now, they have an existing use. He said there won't be any additional impacts on that
road or trail from redoing the house, other than the construction, because those impacts
are already there. He said the other thing that the Board might want to keep in mind, is
that the house was there before the trail.
Herb Klein, Attorney for the applicant, said on this aspect of the application, they are just
seeking the 1041 approval necessary to establish a building envelope so they can replace
the house that is there. The offer to relocate the trail to the tracks is part of the
subdivision portion of the application. And while he can understand the logic, to resolve
the conflicts as soon as possible, it really doesn't seem fair to make that an obligation of
the existing house because it is going to be very expensive to make this change. And the
thought, for the subdivision, is it is totally justified and appropriate to make that change
because impacts would be increased. Additionally, he said that theoretically, there will
be some revenue coming in, from the sale of the lot from the subdivision, in order to pay
the cost of that.
It was agreed that this issue would be taken under advisement and subject to farther
discussed at detailed submission.
Mr. Horn said they intend to have fairly small building envelopes, which will be
delineated in the field for the planning staff to review, prior to having the property
surveyed. At detailed submission, he would like to have the capability to have a building
envelope and in addition to that a development envelope or a waste water disposal
BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING SEPTEMBER 25,2002
7
system, which would be a minor amendment change to Condition No. 10 and keep the
building envelopes a little smaller.
It was agreed that this issue would be taken under advisement and subject to further
discussion at detailed submission.
Condition No. 12—An amendment to the language that says agricultural fields could
have non-native vegetation for restoration(hayfields).
Condition No. 14 (a) Same amendment.
Condition No. 14 (g)An amendment that normal irrigation practice, consistent with water
rights, could occur.
Condition No. 1: Removal of the condition because of the location of the property in an
attainment area as opposed to a non-attainment area.
Suzanne Wolff commented that this is a standard condition due to the fact that even if
they are in an attainment area, there are impacts in the non-attainment area.
It was agreed that these issues would be subject to further discussion at detailed
submission.
Mr. Horn requested that should this application be approved at conceptual,he would like
the Board to consider allowing them to combine detailed submission consideration with
final plat.
Mr. Klein commented that because they are planning to utilize TDR's, to develop two of
the lots,they would like to have an opportunity to increase the floor area to a maximum
of 8,250 square feet of floor area.
Chairperson Hatfield asked commission members for a straw vote on the following
issues:
• Condition No. 5: Leave language as written (site visit to be scheduled, at the
request of Commissioner Hatfield, to discuss this issue further at detailed
submission)
• Condition No. 10: Approval of an additional waste water development envelope
to be determined at detailed,pending further information being provided
• Condition No. 11: Leave language as written.
• Condition No. 12: To allow the revegetation of agricultural lands
• An additional condition that no commercial agricultural designation be allowed
on Lots 2 and 3 when they are built upon.
• Additional Condition 15 h. Language which states "normal irrigation practices
shall be consistent with water rights."
BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING SEPTEMBER 25,2002
• Condition No. 1: Leave language as written (to be discussed further at detailed,
pending a letter from the Environmental Health Department clarifying their
position on this issue.)
• Additional Condition that Detailed Submission be combined with Final Plat
consideration
• Additional Condition (14 h.) that says, "all horse hay shall be fenced at owners'
expense with 8' high mesh game proof fence."
• Additional Condition (14 i.)that the homeowners should be provided brochures
on living with wildlife.
Commissioner Farris moved approval of the Resolution with the amended
conditions. Commissioner Roy seconded the motion.
Chairperson Hatfield opened the hearing to public comment. There being no
comment, he closed the public hearing and called the question. Motion passed with
three yea votes. Commissioner Clapper and Ireland absent.
DEVELOPMENT AGREEMENTS FOR THE BANE TRACTS 1-5
ASSOCIATED WITH RESOLUTION GRANTING APPROVAL FOR
EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE BANE
TRACTS 1-5 1041 HAZARD REVIEW—APPLICANT: CATHERINE T.
BARRON - (TURNBULL PROPERTY)—MOTION TO APPROVE AS
AMENDED—STAFF PLANNER-BRIAN MCNELLIS—APPLICANTS:
ROZAMOND AND THOMAS TURNBULL
Brian McNellis proceeded with a presentation associated with this item as summarized in
his memorandum contained in the BOCC packet.
Gideon Kauman,Attorney for the applicants, said there are two issues that he would like
to open for discussion:
1. Whether the extended property rights should confirm today's definition of
FAR?
2. Whether future affordable housing exactions should apply to this project?
Mr. Kaufman said that the only other 500-acre project that was ever done in Pitkin
County, was the Wildcat Subdivision, which continues to provide wonderful habitat and
opportunity for wildlife. He pointed out that the Wildcat project was granted extended
vested property rights on similar terms to what they are requesting, and it has resulted in
smaller houses being built. He said when the FAR and the exactions are locked in, it has
been proven that this takes away many people's need or desire to rush and building larger
houses.
Secondly, Mr. Kaufman said if you look in the Land Use Code,the 500-acre section is
not nearly a GMQS exemption. It is listed as an incentive program to encourage large lot
development. In other words, he said, the code is set up to reward people who develop
BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING SEPTEMBER 25,2002
one house on 500 acres because this is a desirable development pattern, which preserves
vast amounts of agricultural and wildlife sensitive land. Not only is this project
complying with the density and incentives encouraged by the code, it is exemplary in its
siting and development and preservation of wildlife habitat as well. He requested that
their development agreement be approved as proposed.
After a discussion by commission members, staff was directed to finalize the
development agreement with the following decisions on the issues outlined in staff s
memorandum:
• The 230-acre parcel should be included in the vesting time.
• The square footage shall be calculated in accordance with the rules in place at the
time of extension of vested rights.
A discussion ensued with respect to Item 2 in staffs memorandum with regarding
whether or not the exactions, impact fees, etc shall be in place at the time of building
permit submission or at the time of extension of vested rights.
Mr. Kaufman said what they are asking for, is that the vested property rights stay as long
as there is one house on 500-acres. If more than one house on 500 acres occurs,then
there are no extended property rights. He said they are binding anyone who owns this
property in the future,to this kind of development plan. He said they are willing to be
bound by futures exactions. However, the one exaction they feel is inappropriate, is the
affordable housing exaction because they are giving up so much. He said all they are
asking for is to be exempt from that because he thinks the merits of this project deserve
special recognition and the merits of this project go to wildlife, go to open space and all
the other exemptions. The one compromise that would be made is in the affordable
housing end as follows:
• Any affordable housing fair share requirements will not be applied to this property.
Other exactions, dedications and fair share requirements will apply.
Commissioner Hatfield opened the discussion to public comment.
Roz Turnbull commented that she thinks the commission will like what they will get.
Commissioner Roy moved to approve the two development agreements in front of
us, making only the change to Item 5, last sentence, to add language,which says
"with the exception of affordable housing fair share requirements". Such language
change to apply to Bane Tracts 1, 2 3, 4 and 5. All other exactions are applicable.
John Ely, County Attorney, referred to the recital in the development agreements, which
state "Site development shall be in compliance with the provisions of the Code in effect
on September 25, 2002 and the interpretation of the Code in effect on September 25,
2002. He pointed out that any changes that are made to the code within the next 20
years will not apply.
BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING SEPTEMBER 25,2002
/O
Mr. Kauman explained that he took the state language because when the state talks about
rules of general applicability, it specifically lists the building codes, the fire codes and all
of those particular health, safety and welfare situations. However, Pitkin County has a
much farther definition of rules of general applicability. It has taken the position that
FAR is a rule of general applicability; things that are much broader in scope. So the
whole purpose of what they are trying to do is take the position that the county knows
what it is getting and they know what they are getting. He wants to make sure that they
are protected possibly 15 years from now if a new board comes up with a new definition
of applicability.
Commissioner Harper amended her motion to add language that states "rules of
general applicability pertaining to health and safety welfare shall apply.
Commission members were clear that the FAR will remain vested for the 20 year
period.
Glenn Horn asked that with respect to the exception of affordable housing fair share
requirements that the language state "County affordable housing fair share
requirements". Commissioners' Roy and Farris accepted this amendment.
Mr. Ely referred to Recital No. 5. He clarified that the only things that this
development will comply with are those enumerated items, so housing is the
unspoken element in the way that recital no. 5 is worded. He suggested that the
language read "everything but housing or leave it the way it is written so that only
the enumerated items apply?
It was agreed that the recital will be amended to add language,which states "with
the exception of the affordable housing fair share county requirements". Any other
exactions, dedications or fair share development shall be those in the effect at the
time of building permit.
Commissioners' Harper and Farris accepted this to their motion.
John Ely referred to Recital No. 7. He suggested that language be added which says
if there are any significant changes it shall result in a forfeiture of these vested
rights.
Mr. Kaufman requested that the words "such as, but not limited to" be added to the
language in both Recitals 7 and 8.
Commissioners Harper and Farris accepted these two changes to her motion.
Commissioner Hatfield called the question. Motion passed with three yea votes.
Commissioners Clapper and Ireland absent.
BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING SEPTEMBER 25,2002 /
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AMENDING LAND USE CODE SECTIONS 3-310-030
AND 3-310-040 REGARDING THE TRANSFER OF DEVELOPMENT RIGHTS
FROM A RURAL/REMOTE PRESERVATION SITE TO A RECEIVER SITE
LOCATED OUTSIDE OF THE RURAL/REMOTE ZONE DISTRICT AND
FROM A PRESERVATION SITE TO A RECEIVER SITE LOCATED WITHIN
THE RURAL/REMOTE ZONE DISTRICT
Commissioner Roy suggested that the VC zone district portion of this code amendment
be pulled out of this ordinance pending further discussion.
Commissioner Roy moved that the VC zone district be eliminated from the
legislation. Commissioner Farris seconded the motion. Motion passed with three
yea votes. Commissioner Clapper and Ireland absent.
Commissioner Farris moved approval of the Ordinance as amended. Commissioner
Roy seconded the motion. Motion passed with four yea votes. Commissioners
Clapper and Ireland absent.
ADJOURNMENT: Commissioner Roy moved to adjourn the meeting at 6:45 p.m.
Commissioner Farris seconded the motion. Motion passed unanimously.
BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING SEPTEMBER 25,2002
ectfully su itted,
��I16
J ette Jones
Jerk to the Board of County Commissioners
Patti Kay-Clapper, Chairman
Board of County Commissioners
Pc j mj\ww\g\minutes\2 002\0925 2002
BOARD OF COUNTY COMMISSIONERS 11, REGULAR MEETING SEPTEMBER 25,2002 1
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3.Hob Cans IBetWc Coqp*W now dedM to.
That the annexed legal notice or advertisement was published Partially bury the power qne germ,thept'tnetty
and deatra the coutMy convey a uuft ermmtt'
in the regular and entire issue of every number of said week- brthbpmpa.a, +o►,ceadfrmtiofthh,dsaey-
ancef Holy,troas h"awpd to repair:druage
ly newspaper for the period of consecutive insertions; donomlowprotnnynstyew,
and that the first publication of said notice was in the issue of ,I„'�of ("" c, othins IF ne"oVEu,by
Co4my Ggnmedsbnas a Paitan
said newspaper dated Sept I H A.D.,20 b Z and Cftnty,toloraa row "e., ' n
1.The Board appcovea the fgant of a util"ease
the last publication 9t said notice was in the issue of said feeet to H*cro"In substantiate the form at-
tached hereto as Exhibit A. conditioned.upon.
newspaper dated I i A. D. 20 a 2 . x 'a at t ation in �topV
raphy and vagetatlan Plan Attached asExhibit B, To this
In witness whereof I have hereunto set m hand. end,said Easement will rat be conveyed until
Y Nofy;Croas posts a fhmwW eeewity ogteisoutt
with-the'tetms of Section.2.06.02 of file Patin
County Asset ttanapadent Hut Ceopl
Y. The Chair is authod"d to ow _s 40ty.
' easements In substeol a '!he dorm "
Exhibit A,followleg appeovtlofi=*and
Pu lisher documeob,and of the Bnseehd see%why p de.
soibed.above, by the Catak office
and Open Space biredw.
fixed to execute smh oO w A"Vrid.
Subscribed and sworn to before me, a notary public in and for necessary to realize d6b wEWNmg
approval of the farm ol by the
-
the County of Pitkin, State of Colorado, this Va day of County ANoraey+s oil*
r A.D., 20 w the proposed }. `nte
for
n tteaEb. '• a
(SEAL) L ^ &at t4aa.sleest Aspen.Colons
Notary Public PubhshW n The AV"11011e c
My Commission expires at 3aptmtLvlq,aooat!y 40
THI ASPIN TIMES
310 East Main Street, Aspen, Colorado 81611 p U�
PROOF OF PUBLICATION
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
e �
I, Jenna Weatherred do solemn) swear that I am PUBLISH- PUBLIC NOTICE i
y NOTICE IS HEREBY GIVEN TO/THE GENERAL
ER of the ASPEN TIMES WEEKLY; that the same is a week- PUBLIC:That on September 25,2002 the Board of
County Commissioners of Pitkm County.Colora-
ly newspaper printed, in whole or in part, and published in the mg adopted Takinges lutiioon 1882002 Takinvfor,At-
County of PITKIN, State of Colorado and has a general eireu- eayla Partnership,LLP 1041 Huard Review,Con-
lation therein; that said newspaper has been published con- ceptual Submission and Caretaker Dwelling Do"'
for property situated In a tract of land in the
tinuously and uninterruptedly in said County of Pitkin for a NWI/4NWI/4 of Section 2, Township 9 South,
Range 86 West of the fith Principal Meridian,Pit-
period of more than fifty-two consecutive weeks next prior to kin County, Comrades This approval of a site
specific development plan, includes a vested
the first publication of the annexed legal notice or advertise- property right pursuant to Title 24, Article 68,
ment; that said newspaper has been admitted to the United CRS.
States mails as second-class matter under the provisions of Jeanette Jones,Deputy County ClerkNOTICE IS HEREBY GIVEN TO THE GENERAL
the Act of March 3, 1879, or any amendments thereof, and PUBLIC:That on September 25,2002 the Board of
County Commissioners of Plfkin County,Colors•
that said newspaper is a weekly newspaper duly qualified for do,adopted Resolution 189.200T Granting Special
publishing legal notices and advertisements within the mean- Review, scenic Overlay Rvdew and GMQS U.
emption of Commercial Developments with Negll
ing of the laws of the State of Colorado. gible Growth Impacts and Changes In Use to the
KAJX Roaring Fork Radio site on Smuggler Moist.
fain for property situated In a portion of land in
the SEl/4 of the NEl/4 of Section 7,Township.10.
That the annexed legal notice or advertisement was published South,Range 84 West,of the Sixth Principal Merl•
in the regular and entire issue of every number of said week- than,cftic deve evelo County. This approval of a site pp -
lopment pips includes a vested proer-
ly newspaper for the period of consecutive insertions; ty right pursuant to Title 24,Article 68,CRS.
Jeanette Jones,Deputy County Clerk
and that the first publication of said notice was in the issue of NOTICE is HEREBY GIVEN TO THE.GENERAL
said newspaper dated Dee I Lf A.D., 20 O-Z and PUBLIC:That on October 9,21102 the Board of
the last publication ofr�said notice was in the issue of said County Commissioners of Pltlda County,wma-
do,adopted Resolution 194-2002 Granting Apprd-
newspaper dated 'JEG )� A. D. 20 �— No of the Webster Structure
lith Minor Building
Modifications for Lot 23,Ridge of Red Maintain
Subdivision. This approval of a site specific de•
In witness whereof I have here nto set my hand. velopment plan includes a vested property right
pursuant to Title 24,Articlei:69,CR9.
Jeanette Jones,Deputy Courtly Clerk
NOTICE IS HEREBY GIVEN TO THE GENERAL
PUBLIC:That on October 9, 2002 the Board of
County Commissioners of Pitkin County,Colora-
Publ er do,adopted Resolution 195-2002 Granting Appra
Cal for Reinstatement of Vested Real Property
Rights for the Capitol Creek Cabin for property
Subscribed and sworn to before me, a notary public in and for situated In a tract of land In Sections 3 and 4,
y Township 9 South,Range 86 West of the 6th Prin-
t County of Pitkin, State of Colorado, this y des of cipal Meridian. This approval of a site specific
development plan includes a vested property
A.D., 20 righj pursuant to Title 24,Article 68,CRS.
Jeanette Jones,Deputy County Clerk
Published Ih The Aspen Times on December 14,
(SEAL) 2002..(9830)
Notary Public
My Commission expires
�9I t-Z� AVE IMF �s A
310 East Main Street, Aspen, Colorado 81611
zU � 7
PROOF OF PUBLICATION
STATE OF COLORADO }
} ss.
COUNTY OF PITKIN }
I, Andy Stone/Jenne Weatherred do solemnly swear that I PuBuc NUriCE
SPECIAL REVILW. CO -
am PUBLISHER of the ASPEN TIMES WEEKLY; that the RE:K VIEAJX W AND CMQS EXEMPTION Fn R oM-
same is a weekly newspaper printed, in whole or in part, and MERCIAL DEVELOPMENT WITH NEGLIGIBLE
published in the County of PITKIN, State of Colorado and has GROWTH IMPACTS
a general circulation therein; that said newspaper has been P Nl NOTICE IS HEREBY GIVEN that a public
published continuously and uninterruptedly in said County of hearing will be held on Wednesday, .September
Pitkin for a period of more than fifty-two consecutive weeks 25.20f12,at aregular meeting to begin at 3:00 PM
or as soon thereafter as the conduct of business
next prior to the first publication of the annexed legal notice or allows,before the Board of County Commission-
advertisement; that said newspaper has been admitted to the era,Plus One Conference Ron.,.530 E.Main St.,
Aspen to cmuider an application submitted by
United States mails as second-class matter under the provi- Thu..Furman,for the e-lating radio trmtsnis-
sions of the Act of March 3, 1879, or any amendments there- lion site located on Smuggler Mountain.Tempe,
of, and that said newspaper is a week)Y news a er dui UaI- rary use was granted to the site in 1990 pursuant
P P Y 4 to Resolution 9DIll.The applicant is requeshog
ified for publishing legal notices and advertisements within the approval for a new structure to house the ralat-
meaning of the laws of the State of Colorado. Ing operating equipment required for the tower.
In addition,the applicant may request approval
to allow additional carriers to co4ocate on the
That the annexed legal notice or advertisement was published site."rhe property is located on smuggler Moon-
in the regular and entire issue of eve number of said week- tain and is described as a portion or land in the,
every SEI/4 of the NEI/4 ,I Section 7, Township 10'
ly newspaper for the period of_L_ consecutive insertions; South.Range 84 West of the Bth P.M.The applica-
and that the first publication of said notice was in the issue of ton/resolution are available for public inspection
said newspaper date c- A.D.,20 in the Community Gae ty Development CO Department.City
sand Ball,IMI S.Galena SL,Aspen CO Slfill. .
the last publication of saidr tice was in the issue of said For further information.contact Lance Clarke at
newspaper dated c rn ��� �� s7oJ92fi-s45J
A. D. 2�"„�'�— ' Jeanette Jones,Deputy County Clerk
Board of County Commissioners
In witness whereof I have Hereunto set my hand. Published in the Aspen Times on August 24,2002.
(9218)
Publither
Subscribed and sworn to before me, a notary public in and for
thA County of Pitkin, State of Colorado, this 2 day of
A.D., 20 iOD .
(SEAL)
Notary Public
My Commission expires -2—
Tims >,
310 East Mein Street, Aspen, Colorado 81611
lr/4n0LY
PROOF OF PUBLICATION
STATE OF COLORADO }
} ss.
COUNTY OF PITKIN )
I, Andy Stone/Jenne Weatherred do solemnly swear that I
am PUBLISHER of the ASPEN TIMES WEEKLY; that the (SOUTH
NOTICE
RE: KCONCEPT(AL SUBMISSION
PARCEL) SUBDIVISION/
N/
PIE CONCEPTUAL SUBMISSION,. SPECIAL RE.
same s a weekly newspaper printed, In whole or in part, and VIEW.cMQs EKEMPnQN.AND 1al HAZARD RE�
published in the County of PITKIN, State of Colorado and has VIEW(P02902)
a general circulation therein; that said newspaper has been hearinNOTICE IS HEREBY GIVEN t on y aSeptepublic
mber
g will be held Wednestld
published continuously and uninterruptedly in said County of 25,2002 at A e regular meeting to begin f business
PM
or ae soon a rrealar as the conduct n1 business
Pitkin for a period of more than fifty-two consecutive weeks allows,before the Board of County Commission,
ern,Plena One Conference Room,530 E.Mein St.,
next prior to the first publication of the annexed legal notice or Aspen to Consider an Application submitted by
Pat Kifianoff and Or.Gregory Kirlanoff to subdl-
a vertisement; that said newspaper has been admitted to the vide the subject site to create four lots;three free
United States mails as second-class matter under the row- market singlcfemily residential lots and one open
p space parcel. The billowing approvals are n,
sions of the Act of March 3, 1879, or any amendments there- lusted and regnired;
1041 Hazard Review and Conceptual Submir
of, and that said newspaper is a weekly newspaper duly qual- ,inn to establish building enveiope;
ified for publishing legal notices and advertisements within the .Planes Un t DDevelopment to very the min:
meaning of the laws of the State of Colorado. mum lot area requirement;
•GMQS Exemption to replace the existing single
family residence win a new residence of up to
5,750 square feet of floor area;
That the annexed legal notice or advertisement was published •GMQS Exemption and Special Review to ass,.
in the regular and entire issue of every number of said week- Rah 2 of the lots as TOR receiver site,each of
which will accommodate up to IS;OoO square feet
ly newspaper for the period of�_ consecutive insertions;
nr .noor area.
•
and that the first publication of GMQS Exemption and Special Review to con-
said notice was in the issue of vert the existing caretaker dwelling unit within
said newspaper dated A.D.,20 0,.'�_ _ , and the horn to a 3bedro xzi fully deed restricted
unit outside of the All zone districts.
the last publication of said notice was in the issue of said The property la located OR nI Lower rover I
newspaper dated�1n �q Roadon th wortsout Aide nl parcel f land Fway d
_`JT_^ A. D. 20 _ , trail and is Government
T etas a parcel of land 8,`d'situated
u the Government Tracts vi 66,87 antl 68 0(8e e
!inns 21;22,27 and 28'fown ur 8 South,Range
In witness whereof I have hereunto set my hand. 86 West of the 6th PM. The appllCAtion/resolu-
tion are available for put Re inspection in thu
o Cmmunity Development Department, City Hall,
Co S-Galena St.,Aspen CO 81511.
For further information contact Suzanne Wolff at
' (970)921J-5093.
Jeanette Jones,Deputy County Clerk I
Publis r Board of County Commissioners
Published in the Aspen Times on August 24,
Subscribed and sworn to before me, a notary public in and for 2002.(9222)
th.p County of Pitkin, State of Colorado, this 2 _ day of
JA0t A.D., 20 0 .
(SEAL)
NQt�ary Public
My Commission expires �O_06 oZ.
�� �,�p,f+►. a K�4Ya/f R
THE Asrzm Tlmzs
310 East Main Street, Aspen, Colorado 81611
PROOF OF PUBLICATION
PUBLIC
STATE OF COLORADO } 0171 ueuep7 °
} ss. nrt+hertoeit+ L '��`
Piddm Ceenty,
COUNTY OF PITKIN } arthef
LWW
abetimg w , "j
r
I, Andy Stone/Jenna Weatherred do solemnly swear that I �,,, gggp��
am PUBLISHER of the ASPEN TIMES WEEKLY; that the do.�time wT pans all
pAft raw appear and be heard:
same is a weekly newspaper printed, in whole or in part, and AN4DAfa[1ANfS ofgTfE pQApD.DF
published in the County of PITKIN, State of Colorado and has z oF.�
a general circulation therein; that said newspaper has been AC AM
published continuous) and uninterruptedly In said County of 3T� rra1 e4ltTu
P Y P Y h/ (cl�bBs=RANCkp a '
Pitkin fora period of more than fifty-two consecutive weeks
P tY :,
next prior to the first publication of the annexed legal notice or " '"' "tit
advertisement; that said newspaper has been admitted to the 1.The PRtla County OPM SP&M anti Ttatk Pro have contributed financial resources t§drt
gang was among m 1990 to pmserve labor d lag these avi," use, lnchdle8 P field,
United States mails as second-class matter under the provi- outstanding anode,ecological.recreational,and she WeatemcoloradeAgdcmitmal nand.
sions of the Act of March 3, 1879, or an amendments there- a1"'culto"t4ole° Ltd tiro" "YaOeyLud Truce the }
Y 2. The Capital Creek Ranch Company haft don Fund hue WO*d Its normal tee red seeks on
of, and that said newspaper is a weekly newspaper duly qual- cchlids`stanch")cover 150( acres along three *reimbursement lot**out mpucketcivenees.
ified for publishing legal notices and advertisements within the mlies o e aphis'Creek Bell/Snowent ass Vnaewnem C becausecNit*,*Opn Space and Tallylue Boof ard
P g g and the laarooit Betk/Snowatass tYtmeaoese ChOde'RencN,the goon space and 7Maua Boars
meaning of the laws of the State of Colorado. Ares The Ranch I,,possessed of outstanding 44 Trustee,on Aim 15 290E resolution uman'i.
scenk,habitat,..agricultural values,and provides taon+ly racummePdad Iq the Board.Of County
recreational access along Nlckelsam Caotkl into Commissioners that Ure,CeOYtKY$$Send:$IAA000
That the annexed legal notice or advertisement was published for the
3,Th,.he Clouland$d,desire to.sell Pkkin County a con, Oc[Pl kb at OPM SFmq he3011 Iorfo hinds this'Fetematt
In the regular and entire Issue of every number of said week- servatlon ememMtt find would omit arthe d► Aud°"t'en on"Nordt'commovad"moment.
velopmod to live additional hours and ma,no. and set aside a Andres ld,3so,f100 price to the .
ly newspaper for the period of J_ consecutive insertions; r,,and remote eaten: Tha Wcauon of the lt" samee at the open sp ee-+ma levy m 2010 ear-
and that the first publicp ' n of said notice was in the issue of homes win be so lorth In the conwervMine one. markto clog mg an Yk North Cohwmtlon enso-
/t��'-7� meor and are aka the subject of an application to meat In 2012.'
said newspaper dated I A.D.,20 ,and rerone irA acres of the reach into rural arm rg 1,2. The 0XV11"hie or the smdh CaMkrvatlon -
more,and to grant 1041 approval to the hmtse P,anemost and Cip"ter the North Comevation
the last publicatio said notice was in the issue of said ,�locatlous. Besemertwere not atttk$pted during the preps,
newspaper dated A. D. 20 4.The Conservation.Fund(Fund).WAS aPVtmafM mom et the yew byg im °pea apse°budget mq ie a..
ed by Robert Chitd several years ago to strocteme -aaPplamemtal taidtot altPtoPalstlam pi•required.
this arrangement. In oersuNstbn with the OPM, On these traNactloos. ..
In witness whereof I have hereunto set my hand. space and Trails Board,the Conservation,toadI NM.T> se'rr Otter,by'
has entered into three Contracts witty Capital the Board..of.COOKY Cmmakalonera of Pltkin
Creek Bench Company C'CCRC)WA Robert'V County,CaWndO ao bNb rest -
Cnlm:Jr. The contracts are.(1)the TWO Coo- .1.ConaFdaA with'ft Rod"above,the Board.
tract"(purchase of 65-Acre Pared by the Purafy: :appronow the scgpokOhm a(the China',Ranch -
(2)the"P.xchanga"Afiteemem"(mhm*.M 6S South run ore t.rpema for t1,500,000..
Acre PoNel'Ity the Fund tot 753 sere smith1.Coo- which coven TS3�era..a e0e0Wtea farther
blisher aervatktt f aaaam,,I and(3)the"NWth Cmmee- tesidatNkl.iievpkpment nagept for one rural and
vaon Euement Contract"(option for FgR0 ooao- tmofe.eabia site to be located.in cotdormance
quite North Conesevation Essemnem)• •Ftnaly, with the CO mty load ties Coo at a home date.
Subscribed and sworn to before me, a notary public in and for Fund desnas to enter Into an agreement wish flu. of me 11 TM drat w0 he associated with this
the Count of Pitki State of Colorado, this day of k'n Co may "conservation "rid,11 gkm County M saes following the manning proposed by an
Y n, Y Contract"to fa d stare trameactions wheeby'lh la
e accompanying d me appBrmlon:,otie Tat will -
A.D., 20 ` 0- Colmty will aequtrs the south Conreevatait Ease, be reserved for A c",she;seven maybe trans
meat and the Find rr01 assign the North C-mge lulled toad knot awned by the Childs,
vation uss m sit Contract to theAlounty. The -three w1a be waveyed to the Childs for mbse-
(SEAL) / font contracts are collectively referred to as the quern saa,end tar wig be'afingulorbedby this
"Capit5.The lCreaktims, Co amph." Z Come. .
s.The tranuntioos cantempkted in,the Capitol z.Consistent with ttw ligdtak.boys,the Roerd
Note Public credo wmnb Contracts save or espowMg �C�th� °lC� n'mFawguire
nest
Notary _�` properties:(I)the 1406aere,mate M less,C4ml
My Commission expires t rel creek Roach Property currently awmad by withan option payment atlillIBSO th"ypar dim'
Capitol Credo Ranch Company(the"CCRC:Pon,. with a pnsehnse jonei bWmm M 1llX0,W0 doe
erty",or the"Rapeh');(2)the adjacent Skeet, ;In the year 2012,except provided that any sales
more a Was,property Owned by Robert W." of the 14 Tab associated with tint:naval and M,
Jr.(the"II&Acte Parcel'),and(3)the.adjacest'35. more:pardpn M ftralmo amdet the Werth Censer
acre,more or Was,parse owned by WK and vadoeFAsmmr*wgl 62eredifed against the pre-'
Robett W.ChIkk Jr.(the"3SAcre Parcel"). The cbase puce;:. saNIM ai' Worth Conservation
total acreage bwofved In three trrMKilaps.Is Easemremt will restrict tlkia/acfaw ark to mo
1506 acres. Collectively the three parcek are real room than the new Amuses in addillwt to the two
tarred to as the Chfide•Ranch'. Curreitypxfada4 and Me locadnm of these dwell
6.Undo the Capital Creek Contracts the Fund W bigs will be.pmeaplbai b:bntb the conservation
tends to 4,9 "the SsAcm Pared for the pun- easerlad„pro rite a mr t and 1041-approve..
pose of eoovaying tt to CCRC,which Is ant adlanie granted by the County talhe.Ch"d w mcwmftt
ing landowner,.In excbange.for a cooaarv+dlpn with than&V&M nPW.'
easement encumbering 753 acres,more or leaps 3.The Board as+p!eveatke vagUon of the County
located on the southern portion td the CC3tC right M way sang lBeka(son Creek In return for a
property intaro d;to.as the`South ., cmnneyatrce fVy C'm red Rceert Chad of a Park-
FasenceM")pursuant to the Exchange Agreement: . ing and Wall Fan t to ataW nodihotorl'Led"
The south ComxrvatWd Eeeenwat will be*Oil- ' prtbBc accede foaf WnkrgNadtimeil+oteet lam,:.
veyed Mu*to the Fond sadttoCounty. 4.T h Chairs k autiwrl red to areruts a contracts
----.. .--._-- 7.[hoe the North Conservation EaMMOK Con" assoctated with the Soo io C4msermalout:Ease
tract thaaPkpd obtained an opzhm"geodes, aunt and an opitom Cc~for the North Cons•
a imwa,a`Ftoii 'tl{!'tvt(R'tS'rcuptist"i1 ,-.taeranline;Basmiralw:OFPh"ti.vtllllowl'Ocd4;,..
75 m northern portion of the Proper"(toe, sauce,and isembadzed to execute such other
"North Consevatignusomosd�'.: : damaawma,"amirtiss'nacemarytm:60 ttda.::
&The Intent of the,COOKY i the Fund,man the tranowt on:. .
CMkk...is that the CNN Contracl.end the Ec- 5.Adjuanuents are made to theyear 200E budget
cha ngge Agmaka mt Musa in a simultaneous chu- as foiaws:.
Ing with the molt eat The Conservation Food oPfN M=AND MARS FUND
.and the,COOKY own me South Conurvadoa . Previous- ,lids Revised
Easement;-that CCRC owns the 6SAcm Pard* Btdget assisrm piel
and that the northerly 753acree,more or loos,at ,
ended
the Properties are subject to the and that'the Booth Cgos01—PA" n
northerly 753acres,more or less,of the how.,,Faa"wk-, g. LW OW 1,500,000
ties arse sainted to the terms of the f)pblgt deaek>"J'kalM dim x�'^,..
bed to the North Conservation f4stano F C4pv �IhM�htl7eE - ��" • ''ejpj
tract,&alto that the Fund w10 sto pr.,its hitercrkdde�;'rlAtimm 4S(A900
the North,Cmasergation zwomeat Contract Cip•`'
tion to the CoePUv Consevalldi ice,,"�.,. v ny
9.Nickelson Creek Road traverse the reach and Find 'Bob, 25,000
provides access to National Foul Leads 10 the Cjaefaq,C B ia ..10,000 Io,0011
vicinity of Haystack Mountain, Tharoe#_jp s,!m*,i 1 HB500B .; vdESv00D
. and terminatea at a trait emtaeYdtP hito ring Ifadeso- 'CoFta off,the psopustd-opdpyuwe,'ors aystlable-
al,Poresh and Is more apprtlpr�8te tom' 11# '=itrgMedaq, MB. _bnuioaas
iied use. T ctar The esadsnt of tN '� t�la
eetnRd.:�fMta'aJa 580...
right of way up Nickelson Creek Void IN imdM¢. r Eaar Colorado Bifidl. lMmpe
allned. A cQm%tk m 0J tht cOVUl_ ter;-_ -- � -
that
change for a POW"and brag ememmt,hking doe
' ..,. lit `i•.d lCkrk
same route.. Pubkshed-im The Aspen"isso,Wi*60 Eoll"Ci .
70,its Rgkt of the mememm local entldet who an seplmtbav 14,2002.'(934't1
„ —m^—,.—ram 'i F—