HomeMy WebLinkAboutpitkin.planning.273536200003 (2016) PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 2/25/16
PHONE: (970) 920-5093 E-MAIL:
suzanne.wolffApitkincounty.com
LOCATION: Off of Midnight Mine Road
PARCEL ID #: 273536200003 ZONE: Rural/Remote
SIZE: 46.67 acres
APPLICANT: Castle Creek Investments Inc.
REPRESENTATIVE: EMAIL:
Type of Application: Activity Envelope Review
Description of Project/Development: The Applicant proposes to re-establish an activity
envelope for a single family residence. An activity envelope was approved pursuant to Planning
Commission Resolution No. 6-2013 and recorded in Plat Book 103 at Page2 93-94. The BOCC
granted a Growth Management allotment for the parcel. pursuant to Resolution No. 024-2013.
Land Use Code Sections to be addressed in letter of request(application):
• 2-30-20(g)(2): Activity Envelope Criteria for Approval
• 7-10-50 & 60: Activity Envelope
• 7-20-10: Site Preparation and Grading
• 7-20-20: Steep and Potentially Unstable Slopes
• 7-20-30: Water Courses and Drainage
• 7-20-50: Geologic Hazards— mapped potential avalanche hazard
• 7-20-60: Wildfire Hazard— low wildfire hazard area
• 7-20-70: Wildlife Habitat: no mapped wildlife habitat
Review by: Community Development Director
Public Hearing: NO. However, notice is required via posting, mailing and publication. The
Applicant shall post a public notice sign on the property at least 15 days prior to the date
specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code.
In addition. the Applicant shall mail notice (by certified mail) to all owners within 300' of the
property with the return address of the Community Development Department (form 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 appear no more than 60 days prior
to the date of the public hearing. A property owner receiving the public notice shall have 2
weeks from the date the notice was postmarked to submit comments or objections to the
Community Development Department.
FEES: $2,004 (make check payable to "Pitkin County Treasurer")
• $1,950 Planning Office flat fee (non-refundable; based on 6 hours of staff time. If staff
review time exceeds 7.2 hours, the Applicant will be charged for additional time above 6
hours at a rate of$325/hour)
• $54 Public Notice Fee
00000i of' c9
1
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and 16751%
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for &1 I?°h'
4c r, U+ Jc (o X (hereinafter. THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2015 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness. APPLICANT shall pay a base fee in the
amount of$ 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
lok n 1Odle
Cindy Houben Print Name
Community Development Director
Signature
Date: 3/40201 (P
Mailing Address: - z-i k ti Dr
/- L/\IJ (a -
Effective 5/4/15
000002
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO,APPROVING THE CASTLE CREEK INVESTORS INC./ROBBIE BURNS
PARCEL ACTIVITY ENVELOPE REVIEW
Resolution No.PZ-CO -2013
RECITALS
1. Castle Creek Investors Inc.("Applicant")has applied to the Planning and Zoning Commission of Pitkin
County("Planning Commission")to establish an activity envelope for a single family residence on a
proposed 46.67 acre parcel.
2. The proposed Robbie Burns parcel contains 46.67 acres and is a conforming size parcel within the Rural
Remote zone district.
3. The parcel is located off of Midnight Mine Road,and is more specifically described in Exhibit A and
shown in Exhibit B.
4. The Applicant proposes to divide the 46.67 acre parcel from a larger parcel upon the County's grant of a
growth management allotment,pursuant to CRS § 30-28-101(10)(b).
5. The BOCC granted a growth management allotment of 1,000 square feet of floor area for a single family
residence on the parcel,pursuant to Resolution No.Qt-2013.
6. The Planning Commission finds that the application is consistent with the applicable requirements of the
Code,as follows:
A. The Activity Envelope is entirely comprised of slopes in excess of 30%. Sec.7-20-20(cxl)of the
Land Use Code permits development on slopes of 30%or more,"if there is no alternative building
site available on the parcel with slopes of less than 30%,"subject to mitigation. The proposed
Activity Envelope complies with this exception.
B. The proposed Activity Envelope can be accessed from an existing graded road off of Midnight Mine
Road that leads to the nearby Salter/Doyle residence and a separate existing,unmaintained mining
road that will serve as the driveway.
C. The parcel is within a mapped potential avalanche area,but according to CTL Thompson,there is
no evidence of past avalanche activity on or near the parcel, and"The location only a few
hundred feet below a ridgetop,with heavily-treed low to moderate slopes and no defined historic
avalanche runs implies there is nil or low risk of avalanche on the Activity Envelope."
D. The wildfire hazard is rated as low,and can be mitigated pursuant to the provisions of Sec.7-20-
60(c)of the Code.
E. The activity envelope is not within any mapped or field verified wildlife habitat areas;and ecological
impacts can be mitigated,pursuant to Sec. 7-20-70.
NOW,THEREFORE,BE IT RESOLVED by the Planning Commission that it hereby grants
approval of the Castle Creek Investors Inc./Robbie Burns Parcel Activity Envelope,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 during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
RECEPTION#: 599739, 05/23/2013 at
02:13:47 PM,
1 OF 7, R $0.00 Doc Code RESOLUTION
000003 Janice K.Vos Caudill, Pitkin County,CO
Resolution No. PZ-6 -2013
Page 2
2. Prior to submission of a building permit application,the Applicant shall be required to submit for
approval by the County Attorney and Community Development Director an Activity Envelope Plan
in accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.1. The
above referenced approvals shall be a condition precedent to finalization and recordation.
3. Prior to submission of any building permit applications,the Applicant shall be required to submit for
approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code.
Building setbacks will be established through the Site Plan Review. With the Site Plan Review
application, in addition to all other applicable provisions of the Code,the Applicant shall:
A. Submit a plan and profile for any proposed improvements to the existing driveway.
B. All development within the Activity Envelope will occur on slopes in excess of 30%,therefore,the
Applicant shall submit a report from a licensed engineer or geologist demonstrating that the site can
be engineered so that there is no hazard posed by the location of development on such slopes. To the
extent possible,the development shall be designed so as to: avoid adding water to the site that would
cause decreased stability;avoid removing the toe of the slope without adequate mechanical support;
avoid increasing the weight load on top of the slope;re-contour disturbed slopes so that they can be
re-vegetated;and avoid steepening of existing slopes. Recommended mitigation shall be shown on
the Site Plan and shall be reviewed by the Colorado Geological Survey.
C. Submit further review and evaluation of the potential avalanche hazard and specific mitigation, if
required, for review by the Colorado Geological Survey.
D. Submit a draft covenant documenting the accepted representations made in the growth management
application and specific timeframes for completion of all commitments.
4. Concurrent with submission of the Site Plan Review application,the Applicant shall submit the following
documents for review and approval. The grant of the easements shall be approved by the BOCC by
Ordinance,prior to recordation.
A. Submit a Road Dedication Agreement to grant a minimum of a 30' right-of-way for those portions of
Midnight Mine Road shown on Exhibit C,for review and approval by the County Engineer and
County Attorney.
13. Submit a Public Trail Easement for the trail segments shown on Exhibit D,for review and approval
by the Open Space and Trails Director and the County Attorney.
5. The Site Plan, Road Dedication Agreement,Public Trail Easement and GMQS Covenant shall be
recorded concurrently and prior to submission of any building permit applications.
6. With the building permit application for the residence,the Applicant shall:
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 a fireplace/woodstove permit from the Community Development Department,if
necessary.
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C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist
for review and approval by the Planning Engineer. All historic and natural drainage patterns shall be
maintained,and day lighting shall be avoided on steep slopes. Stormwater shall be detained on-site
and allow infiltration of runoff prior to discharge.
D. Obtain an on-site wastewater treatment system permit from the Environmental Health and Natural
Resources Department.
E. Submit a construction management plan for review and approval by the Planning Engineer.
000004
Resolution No. PZ- La -2013
Page 3
F. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used,the rate at which it will be applied and the method of
cover.
G. Submit a landscaping plan and a tree mitigation plan for removal of any trees larger than 6 inch
DBH.
H. Submit for and obtain an access permit to improve the existing two-track trail to current County
standards, if required.
7. Prior to issuance of the building permit for the residence, the Applicant shall pay the applicable road
and employee housing impact fees.
8. 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.
9. The parcel is exempt from growth management up to 1,000 square feet plus additional floor area as
allowed in the Rural/Remote zone district pursuant to the Code.
10. The driveway shall remain on the existing two-track road for access to the residence and shall meet
the minimum standards for a driveway in Rural/Remote as specified in the Asset Management Plan.
The access road and driveway shall not be maintained during the winter.
11. Retaining walls greater than four feet in height shall be supported by appropriate engineering and
reviewed and approved by Planning/Zoning.
12. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
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). Vegetation management as described herein shall be completed prior
to the commencement of construction.
1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot
(10')perimeter around all structures.
2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty(30)foot perimeter around a structure built on flat ground. (For greater
slopes,reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners,
which provides general guidelines that may be modified by a wildfire expert acceptable to the
County).
3) Spacing between clumps of brush and vegetation up to the thirty(30)foot perimeter shall be
a minimum of two(2)times the height of the fuel. Maximum diameter of the clumps shall be
equal to the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
4) All branches from trees and brush within the thirty(30)foot perimeter shall be pruned to a
height of ten(10)feet above the ground with removal of ladder fuels from around trees and
brush.
000005
Resolution No. PZ-J-2013
Page 4
5) Tree crown separation within the thirty(30)foot perimeters shall have a minimum of ten(10)
feet between the edges of the crowns,except for mature stands of aspen trees where ladder
fuels have been removed. In areas of aspen regeneration,understory shrubs and down and
dead materials shall be removed.
6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15)feet of chimneys shall be removed.
7) The density of fuels up to a one hundred(100)foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8) All deadfall up to a one hundred(100)foot perimeter shall be removed.
9) No new conifer trees shall be planted within ten(10)feet of a residence.
10) No flammable mulches shall be placed within two(2)feet of a residence.
11) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or CIass A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. 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 roof
debris.
3) Protrusions above the roofline,such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch 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.
C. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Any outbuilding shall adhere to the same wildfire requirements.
3) Yards shall be kept clear of all litter,slash and flammable debris.
4) All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen
(15)feet away from any structure,
5) Weeds and grasses within the ten(10) foot perimeter shall be maintained to a height not more
than six(6) inches.
6) Firewood/wood piles shall be kept indoors or stacked on a parallel contour a minimum of
fifteen(15)feet away from the structure.
7) Swimming pools and ponds shall be accessible by the local fire district.
8) Fences shall be kept clear of brush and debris.
9) Wood fences shall not connect to other structures.
10) Fuel tanks shall be installed underground with an approved container.
11) Propane tanks shall be buried, if possible,or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank.Any wood enclosure around the tank shall be constructed with
materials approved for two(2) hour fire-resistive construction on the exterior side of the
walls.
000006
Resolution No. PZ- 4 -2013
Page 5
12) Each structure shall have a minimum of one ten(10)pound ABC fire extinguisher.
13)Addresses shall be clearly marked with two(2)inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non-combustible post.
14) Utilities shall be extended underground.
13. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access,turning around of fire apparatus,installation of an approved
fire sprinkler system and provision of water supply for fire fighting.
14. The Applicant shall comply with the following measures to minimize ecological impacts:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Trash/garbage shall be kept in an approved bear resistant container or enclosure,pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
C. Fencing is prohibited outside of the activity envelope.
D. Avoid fruit-bearing trees and shrubs in any landscaping.
E. Construction workers shall be prohibited from bringing dogs on-site during construction.
F. Livestock/horse grazing shall be prohibited.
G. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window,and
be at least 10 feet from the ground suspended between 2 trees or posts. All seed feeders shall
include a catchment pan to catch discarded seed.
H. Composting shall be limited to yard waste; food waste shall be prohibited within compost.
1. 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.
15. No development including grading,excavation,fill placement,burning, landscaping,vegetation
removal or disturbance,well or on-site wastewater treatment system shall occur outside of the approved
activity envelope,except as necessary to comply with the wildfire mitigation measures described
above and a garden of not more than 2,500 square feet as outlined in Sec.3-40-20 of the Code. No
structures shall be permitted outside of the approved activity envelope.
16. Prior to commencement of any earthmoving or other construction activity,the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
17. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one
growing season of the project's completion.
18. 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.
19. 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.
00000 1
Resolution No. PZ-1 -2013
Page 6
20. 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
de §2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
(1gell 5 ,2016.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11th day
of October,2012.
APPROVED by the Planning Commission this 5th day of March,2013.
PUBLISHED AFTER ADOPTIO. FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the'�0 day of///ay
,2013.
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY,COLORADO
ohn '
'ward,Chair
• � t3
.:te
ATTEST:
W itl
Bonnie Waechtler,Administrative Assistant
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, orney �i n�y ouben,Community velopment Director
P083-12
PID
2135^3('2Ct?OO-3
•
000008
Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.):
Castle Creek Investors,Inc.
1490 Silver King Drive
Aspen,CO 81611
Exhibit A
Legal Description of Property
A TRACT OF LAND SITUATED IN SECTION 36,TOWNSHIP 10 SOUTH, RANGE 85
WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO,DESCRIBED
AS FOLLOWS:
ALL OF THE SAN RAFAEL, SANTA MARIA AND ROBBY BURNS 3 AND 5,U.S.M.S.
7570A INCLUDING PORTIONS UNDER THE DELAWARE U.SM.S. 6245,
THE EASTERLY 145 FEET PARALLEL TO EAST BOUNDARY OF ROBBY BURNS
U.S.M.S. 7570A.
AND THAT PORTION OF THE F AND M U.S.M.S. 6245 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID ROBBY BURNS 5;
THENCE S 82°E 71.82 FEET;
THENCE S 12°14'38"W 970.48 FEET TO THE EASTERLY BOUNDARY OF SAID ROBBY
BURNS 5;
THENCE N 08°E 967.81 FEET ALONG THE EASTERLY BOUNDARY OF ROBBY
BURNS 5 TO THE POINT OF BEGINNING,
COUNTY OF PITKIN, STATE OF COLORADO,
CONTAINING: 46.7 ACRES MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
ASPEN SURVEY ENGINEERS, INC.
210 SOUTH GALENA STREET, SUITE 22
ASPEN,COLORADO 81611
970 925 3816
No.901.Rev.1-06.BARGAIN AND SALE DEED (Page 2 of 2)
000009
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,GRANTING 2012 RURAL AREA RESIDENTIAL GMQS ALLOTMENTS FOR
NEW LOTS/PARCELS
Resolution No.( -2013
RECITALS
1. On March 5, 2013,the Planning and Zoning Commission("Commission")held a duly noticed public
hearing,at which time evidence and testimony were presented with respect to 2012 Rural Area
Residential Growth Management applications for New Lots/Parcels.
2. The Commission reviewed the following applications for the 2012 Rural Area Residential GMQS
competition for New Lots/Parcels:
A. Castle Creek Investors/Robbie Burns Parcel: Requesting a rural area residential GMQS
allotment of 1,000 square feet of Floor area for a single family residence on a newly created 35+
acre parcel. Applicant is also requesting approval of an Activity Envelope. The Robbie Bums
Parcel is located off of Midnight Mine Road, and is more specifically described in Exhibit A.
3. There are 25,000 square feet of floor area available in the Rural Area for the 2012 residential GMQS
competition for new lots and parcels.
4. The Commission gave the Robbie Bums Parcel application a score of 22 points,which meets the
threshold of 22 points. Therefore,the Robbie Burns Parcel application is eligible for the requested
development allotment.
5. Pursuant to Section 2-30-40 of the Code,the Commission's scores were forwarded by Resolution to
the Board of County Commissioners("BOCC")on March 13, 2013.
. 6. No appeals of the Commission's scores were filed within the required 15 working day appeal period.
NOW,THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate 1,000
square feet of floor area to the Robbie Bums Parcel for the 2012 Rural Area Residential GMQS
competition for New Lots/Parcels,subject to the following:
1. This allocation is conditioned upon the Applicant's recordation of a covenant documenting the
representations made in the application. This covenant shall be reviewed and approved by the
Community Development Department and recorded against the property,prior to issuance of a building
permit to utilize the awarded floor area.
2. 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 the Pitkin County Land
Use Code§ 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire
on sthich(93, 2016.
RECEPTION#:599737, 05/23/2013 at
01:14:44 PM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
000010
Resolution No. -2013
Page 2
APPROVED AND ADOPTED ON THIt P day of ),Sln,!'�—,2013.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ON 5.-70 ,2013.
BOARD OF COUNTY COMMISSIONERS
OF P IN COUNTY,CO '•RADO
By I • . .4 .
T: George Newma Chairma1
Date 7 {•
Jea a Jones f
Cle,i to the.BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John E , &lay Houben,
C rney Community Development Director
Case P083-12; PID •
2115 ! 41.2-Dr-)00:3
•
•
000011
•
•
•
Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.):
Castle Creek Investors,Inc.
1490 Silver King Drive
Aspen,CO 81611
Exhibit A
Legal Description of Property
A TRACT OF LAND SITUATED IN SECTION 36,TOWNSHIP 10 SOUTH, RANGE 85
WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO, DESCRIBED
AS FOLLOWS:
' ALL OF THE SAN RAFAEL, SANTA MARIA AND ROBBY BURNS 3 AND 5,U.S.M.S.
7570A INCLUDING PORTIONS UNDER THE DELAWARE U.SM.S. 6245,
THE EASTERLY 145 FEET PARALLEL TO EAST BOUNDARY OF ROBBY BURNS
U.S.M.S. 7570A.
•
AND THAT PORTION OF THE F AND M U.S.M.S. 6245 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID ROBBY BURNS 5;
THENCE S 82°E 71.82 FEET;
THENCE S 12°14'38"W 970.48 FEET TO THE EASTERLY BOUNDARY OF SAID ROBBY
BURNS 5;
THENCE N 08°E 967.81 FEET ALONG THE EASTERLY BOUNDARY OF ROBBY
BURNS 5 TO THE POINT OF BEGINNING,
COUNTY OF PITKIN, STATE OF COLORADO,
CONTAINING: 46.7 ACRES MORE OR LESS.
•
LEGAL DESCRIPTION PREPARED BY:
ASPEN SURVEY ENGINEERS, INC.
210 SOUTH GALENA,STREET, SUITE 22
•
ASPEN,COLORADO 81611
970 925 3816
No.901 Rev.1.06.BARGAIN AND SALE DEW (Page 2 of 2)
•
000012
RECEPTION#: 599863,05/29/2013 at
09:37:41 AM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO,FORWARDING THE 2012 RURAL AREA RESIDENTIAL GROWTH
MANAGEMENT QUOTA SYSTEM SCORES FOR NEW LOTS/PARCELS TO THE BOARD
OF COUNTY COMMISSIONERS
Resolution No.PZ- 2013
RECITALS
1. On March 5,2013,the Planning and Zoning Commission("Commission")held a duly noticed
public hearing at which time evidence and testimony were presented with respect to Rural Area
Residential Growth Management applications for new lots/parcels.
2. The Commission reviewed the following applications for the 2012 Rural Area Residential GMQS
competition for new lots and parcels:
A. Castle Creek Investors/Robbie Burns Parcel: Requesting a rural area residential
GMQS allotment of 1,000 square feet of floor area for a single family residence on a
newly created 35+ acre parcel. Applicant is also requesting approval of an Activity
Envelope. The Robbie Bums Parcel is located off of Midnight Mine Road,and is more
specifically described in Exhibit A.
3. There are 25,000 square feet of floor area available in the Rural Area for the 2012 residential
GMQS competition for new lots and parcels.
4. The Commission gave the Robbie Burns Parcel application a score of 22 points,which meets the
threshold of 22 points. Therefore,the Robbie Burns Parcel application is eligible for the requested
development allotment.
NOW,THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2012
Rural Area Residential GMQS scores for new lots and parcels to the Board of County Commissioners,and
recommends that the BOCC grant the requested development allotment to the Robbie Burns Parcel.
APPROVED on the 5h day of March,2013.
000013
Resolution No. PZ- -2013
Page 2
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY,COLORADO
Al
oh oward,Chair
•
ate
•
A rrEST:
‘e_ LJagejejler—
Bonnie Waechtler,Administrative Assistant
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CUkL P (Q - €
Jo , ' y,Co • • •ttorney in Houben,Community Development Director
Case 083-12;PID 411.34/3454.808e1-
Zi 3 5-
11.34/3454.808e1-zi35 3(F2o(31O°3
•
000014
•
Name and Address of Person Creating Newly Created Legal Description 038-35-106.5,C.R.S.):
Castle Creek Investors,Inc.
1490 Silver King Drive
Aspen,CO 81611
Exhibit A
Legal Description of Property
A TRACT OF LAND SITUATED IN SECTION 36,TOWNSHIP 10 SOUTH, RANGE 85
WEST OF THE 6th PRINCIPAL MERIDIAN,PITKIN COUNTY COLORADO,DESCRIBED
AS FOLLOWS:
ALL OF THE SAN RAFAEL,SANTA MARIA AND ROBBY BURNS 3 AND 5,U.S.M.S.
7570A INCLUDING PORTIONS UNDER THE DELAWARE U.SM.S. 6245,
THE EASTERLY 145 FEET PARALLEL TO EAST BOUNDARY OF ROBBY BURNS
U.S.M.S. 7570A.
AND THAT PORTION OF THE F AND M U.S.M.S.6245 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID ROBBY BURNS 5;
THENCE S 82°E 71.82 FEET;
THENCE S 12°14'38"W 970.48 FEET TO THE EASTERLY BOUNDARY OF SAID ROBBY
BURNS 5;
THENCE N 08°E 967.81 FEET ALONG THE EASTERLY BOUNDARY OF ROBBY
BURNS 5 TO THE POINT OF BEGINNING,
COUNTY OF PITKIN, STATE OF COLORADO,
CONTAINING: 46.7 ACRES MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
ASPEN SURVEY ENGINEERS, INC.
210 SOUTH GALENA STREET, SUITE 22
ASPEN,COLORADO 81611
970 925 3816
No.901.Rev.1-06.BARGAIN AND SALE DEED (Page 2 of 2)
000015
Emily Kloser
Castle Creek Investors, Inc
1490 Silver King Dr
Aspen, CO 81611
Suzanne Wolff
Senior Planner
Pitkin County Planning and Zoning
130 S. Galena St.
Aspen, CO 81611
June 24, 2016
Dear Suzanne,
Acting on behalf of Castle Creek Investors, Inc, I am requesting to re-establish the activity
envelope for a single family residence on the Robbie Burns parcel located off Midnight Mine
Road. The parcel id# is 2735362000003. The parcel is zoned rural and remote and consists of
46.67 acres.
A previous activity envelope was approved pursuant to Planning Commission Resolution No. 6-
2013 and recorded in Plat Book 103 at Page2 93-94. The BOCC granted a Growth Management
allotment for the parcel, pursuant to Resolution No. 024-2013. No changes have been submitted
to the previously approved activity envelope.
Thank you,
Emily Kloser
000016
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 SOUTH GALENA STREET, SUITE 22
ASPEN, COLORADO 81611
970 925 3816
PARCEL 1
A TRACT OF LAND SITUATED IN SECTION 36,TOWNSHIP 10 SOUTH, RANGE
85 WEST OF THE 6th PRINCIPAL MERIDIAN,PITKIN COUNTY COLORADO,
DESCRIBED AS FOLLOWS:
ALL OF THE SAN RAFAEL, SANTA MARIAAND ROBBY BURNS 3 AND 5,
U.S.M.S. 7570A INCLUDING PORTIONS UNDER THE DELAWARE U.SM.S. 6245,
THE EASTERLY 145 FEI;I PARALLEL TO EAST BOUNDARY OF ROBBY BURNS
U.S.M.S. 7570A.
AND THAT PORTION OF THE F AND M U.S.M.S. 6245 DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID ROBBY
BURNS 5;
THENCE S 82°E 71.82 FEET;
THENCE S 12°14'38"W 970.48 FEET TO THE EASTERLY BOUNDARY OF SAID
ROBBY BURNS 5;
THENCE N 08°E 967.81 FEET ALONG THE EASTERLY BOUNDARY OF ROBBY
BURNS 5 TO THE POINT F BEGINNING
CONTAINING: 46.7 ACRES MORE OR LESS
FILENAME\p C:\Documents and Settings\Owner\My Documents\PARCEL 1.doc
Last printed PRINTDATE 4/11/2013 3:04 PM
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ORIF AOS
MISCELLANEOUS
DOCUMENTS
PUBLIC NOTICE
RE: Castle Creek Investors Inc./Robbie Burns Parcel Activity Envelope Review (Case
P045-16)
NOTICE IS HEREBY GIVEN that an application has been submitted by Castle Creek
Investors Inc. (1490 Silverking Drive, Aspen, CO 81611) requesting to re-establish an
activity envelope for a single family residence. The property is located on Midnight
Mine Road and is legally described as a Tract of land situated in Section 36, Township 10
South, Range 85 West of the 6th P.M. The State Parcel Identification Number for the
property is 2735-362-00-003. The application is available for public inspection in the
Pitkin County Community Development Department, City Hall. 130 S. Galena St.,
Aspen, CO 81611. Comments or objections are due by August 15, 2016. For further
information, contact Suzanne Wolff at (970) 920-55093.
Published in the Aspen Times Weekly on July 14, 2016.
Attention All Property Owners within 300' of the subject property
A property owner receiving this public notice who wishes to submit comments or an
objection shall submit those to the Pitkin County Community Development, 130 South
Galena Street,Aspen, Colorado 81611, by August 15,2016. If any objections to the
development application are received the Community Development Department shall
continue the application to a public hearing before the Hearing Officer.
http://pitkincounty.com/DocumentCenter/View/9738
MISCELLANEOUS
DOCUMENTS
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX#(970)920-5439
June 29,2016
Emily Kloser
1490 Silverking Drive
Aspen,CO 81611
emkloser@a,gmail.com
Re: Miller Minor Amendment to a Development Permit
(PID #2735-362-00-003; Case#P045-16)
Dear Ms. Kloser
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.
1. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300'
of the subject property with the return address of the Community Development Department(copy of
notice will be mailed to you by the Community Development Department)by July 14, 2016. 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 mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice who wishes to submit comments or objections to the Community
Development Department by the 15th day of August,2016. If any objections to the development
application are received by this date,the Community Development Department shall continue the
application to a public hearing before the Board of County Commissioners.
2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way)on the 29th day of July,2016, which is at least fifteen (15) days prior to August 14, 2016.
This must be submitted prior to any approvals being granted.
If you have questions,please call Suzanne Wolff,the planner assigned to your case,at 920-5093.
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit Code Section 2-20-100
PITKIN AUNTY COMMUNITY DEVELAVIENT
Permit Receipt
RECEIPT NUMBER 00040432
Name: castle creek investore Date:5/31/2016
Project Address: 0 MIDNIGHT MINE RD
Type:
Permit Number Fee Description Amount
0045.2016.PLAN PP- Flat Fee 1,950.00
0045.2016.PLAN PP- Public Notice Fee 54.00
Total: 2,004.00