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HomeMy WebLinkAboutpitkin.planning.264329100009 (2017)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) DECISIONS RECEPTION#: 639683, R: $0.00, D: $0.00 DOC CODE: ADMIN DECISION Pg 1 of 5, 07/05/2017 at 01:10:13 PM Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE GEORGE & LYDIA WHIPPLE SITE PLAN Administrative Decision No,&L-2017 RECITALS 1. George and Lydia Whipple ("Applicants") have applied to the Community Development Director of Pitkin County ("Director") to obtain a new Site Plan Review approval to construct an attached 225 square foot closet addition to an existing single family home. 2. The parcel is located at 650 Pioneer Springs Ranch Road and is legally described as Parcel 2 of the Droste/Pioneer Springs Ranch. The Parcel Identification Number is 264329100009. 3. The parcel is part of the "1041" approval for six 35 acre lots granted by Board of County Commissioner Resolution No. 93-43. The approval designated building envelopes for each of the 35+ acre parcels recorded in Plat Book 32 at Page 76. Scenic Overlay approval for the construction of a residence was granted pursuant to Planning and Zoning Commission Resolution No. 98-07. 4. In 2001, a Certificate of Occupancy was issued for a single-family residence containing approximately 7,500 square feet of floor area. In 2004 a Certificate of Occupancy was issued for a 450 square foot barn with horse stalls and hay storage in the lower pasture. 5. Ata duly noticed public hearing on March 18', 2014, the Pitkin County Hearing Officer approved the Site Plan for a 225 square foot addition and Special Review for a TDR Receiver Site pursuant to Hearing Officer Determination No. 2-2014 recorded in Book 106 at Page 93. The vested rights for the Site Plan expired March 181, 2017. Approval for a TDR receiver site does not lapse. 6. The application was referred to the Aspen Fire Protection District, the Brush Creek Metro District, and the Pioneer Springs Home Owners Association. No comments were received. 7. The Director finds that the request complies with the applicable provisions of the Land Use Code ("Code") as follows: A. The proposed addition is located within the previously approved Activity Envelope and is not located on slopes over 30%. B. The wildfire hazard is rated as severe, and can be mitigated. C. The parcel is within the Scenic View Protection Area as seen from Brush Creek Road. The existing residence is visible from Brush Creek Road, but impacts are minimal due to the mature vegetation, indigenous earth toned color and low, undulating roof forms. The proposed addition will not significantly increase visible mass and scenic impacts. Indigenous earth tone materials or colors will be used for the addition and the roof will have a non - reflective composition. 8. The Director further finds that the parcel is eligible to receive TDRs to construct additional residential floor area up to 15,000 square feet pursuant to Hearing Officer Determination No. 2-2014 and subject to applicable Code reviews and approvals. Administrative Decision No.W-2017 Page 2 APPROVED by the Director, 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. At the time of building permit submittal, the Applicant shall surrender one TDR for additional floor area of approximately 225 square feet for the proposed closet addition. This approval is for this proposed addition only. Unused portions of the TDR remain with the property and could be used for future expansions, subject to applicable further reviews. 3. The conditions of BOCC Res. No. 93-43, and P&Z Res. No 98-07 shall remain in force and effect. The conditions of this Administrative Decision shall replace the conditions of Hearing Officer Determination No. 2-2014. 4. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 5. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan that illustrates the approved building envelope, existing and proposed development in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. 6. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Decision. The proposed addition shall utilize indigenous earth tone materials or colors and the roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflectivity, with the exception of materials associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 7. With a building permit application, the Applicant shall: A. Submit a revegetation plan for disturbed areas with appropriate seed mixes. B. Submit an exterior lighting plan with the corresponding fixture cut sheets if exterior lighting is proposed. Exterior lighting shall comply with the lighting code. C. Submit exterior material samples of the addition. D. Pay the applicable road and employee housing impact fees. 8. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District. Administrative Decision NZ 1 -2017 Page 3 9. The Applicant shall comply with the following material and construction standards for the addition and the following landscaping, and wildfire defensible space mitigation standards: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2) Vegetation shall be thinned within a minimum of 100 feet around all structures, with a minimum of 20 foot crown separation between clumps of oak/serviceberry. Remaining clumps shall not have an aggregate crown diameter in excess of 20 feet. Dead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. Slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe period. 3) All deadfall within the 100 foot perimeter shall be removed. 4) Low vegetation shall be maintained within a 10 foot perimeter around all structures. 5) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting: 1) Soffit venting shall be located in the outer 1/31 portion of the overhang. 2) Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum/4" openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type IV" Heavy Timber materials, per the currently adopted building code. E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Administrative Decision No3L-2017 Page 4 1) Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or 2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "1" above), or 3) "Type N" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as "1" above; or equivalent log construction, or 4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "1'' above. F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. G. Exterior of the Structure, Including All Walls: 1) One (1) hour fire resistive rated materials, or 2) 5/8" gypboard underlying combustible materials, or 3) Cement stucco, minimum %" thickness. 4) All glazing to be tempered glazing; and 5) Doors to be metal or wood 1 %" thick minimum. H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. 1. Additional wildfire mitigation standards: 1) Vents shall be screened with corrosive resistant wire mesh with mesh '''A inch maximum. 2) Roofs and gutters shall be kept clear of debris. 3) Yards shall be kept clear of all litter, slash, and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Swimming pools or ponds shall be accessible to Fire Department vehicles. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. 9) Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -resistive construction on the exterior side of the walls. 10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 4 inch non-combustible letters and shall be visible and installed on a non-combustible post. 12) New utility lines shall be buried within the driveway. Administrative Decision No;3_L-2017 Page 5 10. No development shall occur outside the approved envelope, with the exception of vegetation removal necessary to comply with required wildfire mitigation measures. No structures shall be permitted outside of the approved activity envelope. 11. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. 12. The Applicant shall comply with the County's Noxious Weed Management Plan. 13. 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 building envelope. The fencing shall remain in place until issuance of a Certificate of Completion. 14. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 15. 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 Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on 3une 29 2020. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 30's day of March, 2017. APPROVED by the Director, this ZQ1L day ofgUkt , 2017. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asoen Times Wee klv on the `day of Uby, 2017. Cinq Houben, Community Development Director P020-17 Pmk264329100009 APPLICATION MATERIAL WHIPPLE PIONEER SPRINGS RANCH SITE PLAN REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 MARCH, 2017 000001 c)4 TABLE OF CONTENTS PAGE I. Project Description ............................................. 1 A. Application Request ........................................ 1 B. Property Description and Proposed Development ................. 1 II. Standards for Site Plan Review ................................... 3 A. Site Preparation and Grading ................................. 3 B. Steep and Potentially Unstable Slopes ......................... 4 C. Scenic View Protection ...................................... 5 D. Landscaping and Vegetation Protection ........................ 8 E. Lighting .................................................. 9 F. Driveways, Parking and Utilities .............................. 10 III. Conclusion ................................................... 11 EXHIBITS #1. Proof of Ownership #2. Letter Authorizing Submission of Application #3. Pre -Application Conference Summary #4. BOCC Resolution 93-43 #5. P&Z Resolution 98-07 #6. Hearing Officer Determination 02-2014 DRAWINGS Vicinity Map Aerial Photo of Site Recorded Site Plan Building Elevations Photo and Photo -Simulation of View From Brush Creek Road 0000:12 PROJECT DESCRIPTION A. Application Request This is an application to obtain site plan approval to make a small addition to an existing residence on a property in unincorporated Pitkin County. The property is located at 650 Pioneer Springs Ranch Road. Its Parcel ID# is 264329100009. A vicinity map showing the location of the subject property is included in this application booklet. The application is being submitted by the owners of the property, George S. and Lydia Whipple (hereinafter, "the applicant'). Proof of ownership of the property is provided in the deed of trust attached hereto as Exhibit #1. The applicant is being represented by Alan Richman Planning Services, Inc. for this application. A letter from the applicant authorizing Mr. Richman to submit this application is attached as Exhibit #2. A pre -application conference was held with the Community Development Department. The Pre -Application Conference Summary issued by the staff (see Exhibit #3) states that the review procedure applicable to this proposal is as follows: Site Plan Review (Sec. 2-30-20 g.1-3). The applicant hereby requests that the site plan be granted vested rights status pursuant to Sec.2-20-170 of the Pitkin County Land Use Code. The Pre -Application Conference Summary lists the following sections of the Pitkin County Land Use Code that should be addressed by the applicant to obtain Site Plan approval: * Section 7-20-10: * Section 7-20-20: * Section 7-20-120 * Section 7-20-130 * Section 7-20-140 * Section 7-30: * Section 7-50: Site Preparation and Grading; Steep and Potentially Unstable Slopes; Scenic View Protection Areas; Landscaping and Vegetation Protection; Lighting Roads, Driveways and Parking; and Public Services and Utilities. The following sections of this application provide responses to the County standards in these Code sections. First, however, a brief description of the property and summary of the proposed addition to the residence is presented below. B. Property Description and Proposed Development The vicinity map shows that the subject property is located just below Brush Creek Village, Whipple Pioneer Springs Ranch Site Plan Review Page 1 000U3 between the City of Aspen and Snowmass Village. Access to the lot is obtained from Pioneer Springs Ranch Road which intersects with Brush Creek Road. The property is an irregularly shaped lot that is approximately 35.922 acres in size. It is zoned AR -10, a zone district with a minimum lot size of 10 acres. Therefore, this is a conforming sized lot of record. Lot 2 of Pioneer Springs Ranch was one of six 35+ acre lots that received 1041 approval from the Board of County Commissioners pursuant to Resolution 93-43 (see Exhibit #4). As part of that approval, building envelopes were designated for each of the lots (see the 1041 site plan recorded in Plat Book 32 @ Page 76). Subsequently, in 1998, the applicant received Scenic Overlay approval for the construction of a residence on Lot 2 pursuant to P&Z Resolution 98-07 (See Exhibit #5). The property was then developed with a five bedroom single family residence with an attached garage. The structure was completed in 2001 and contains approximately 7,500 square feet of floor area. A small (450 square foot) barn was built in the lower pasture in 2004. An aerial photo showing the location of these structures on the lot is included in the application package. In 2014 the applicant requested approval of a site plan and TDR Receiver Site designation to expand the residence by 225 for a storage closet. Approval was granted by the Pitkin County Hearing Officer pursuant to Determination No. 02-2014 (see Exhibit #6). The site plan is recorded at Plat Book 106 @ Page 93. To date, that addition has not been built and the vested rights for that approval are due to expire on March 18, 2017. Staff has informed the applicant that the vested rights expiration has no effect on the designation of this site as a TDR receiver site. However, the expiration will affect the site plan approval. Therefore, the applicant is again requesting site plan approval for this small addition. There are absolutely no changes whatsoever between the site plan that was approved in 2014 to that which is proposed herein. The conformance of the proposed site plan with the applicable standards of the Land Use Code is addressed in the sections which follow. Whipple Pioneer Springs Ranch Site Plan Review Page 2 0000'��+ II. STANDARDS FOR SITE PLAN REVIEW Chapter 7 of the Land Use Code establishes the standards related to the quality of development in Pitkin County. Following are the applicant's responses to the applicable standards of that chapter, as specified in the pre -application summary form. A. Site Preparation and Grading (Sec. 7-20-10) (a) Grading and Fill Placement. The applicant agrees that all grading and filling associated with this project will take place within the designated activity envelope. (b) Clearing, Grubbing and Vegetation Removal. The applicant agrees that all clearing, grubbing and vegetation removal associated with this project will take place within the activity envelope previously designated for this property. (c) Tree Removal and Mitigation. There are no trees with a D.B.H of greater than 6" that will be impacted by the proposed development. (d) Protection of Natural Terrain. The applicant agrees to follow those design and construction techniques that may be recommended by the County Planning Engineer or the Community Development Director to mitigate any physical or visual damage from the proposed development. This shall include, but not be limited to: ♦ Revegetation of the areas disturbed by the development proposed herein. Revegetation will be completed during the first planting season after completion of the construction, using native vegetation; ♦ Removing and saving topsoil prior to any mass grading or excavation, and replacing it following construction; ♦ Employment of appropriate weed prevention techniques that are consistent with the provisions of the 2006 Revised Pitkin County Weed Management Plan; and ♦ Following the County's adopted erosion and sedimentation control and stormwater management standards. Sediment barriers will be placed on-site as necessary to control the impacts of soil disturbing activities. Whipple Pioneer Springs Ranch Site Plan Review Page 3 0000,95 B. Steep and Potentially Unstable Slopes (Sec. 7-20-20) Section 7-20-20 of the Land Use Code provides standards for development on slopes of less than 30%, 30% to 45%, and 45% and greater. The proposed site plan depicts topography within and around the proposed addition, illustrated as two foot (2) contours. An analysis of the slopes on the property demonstrates that while there are continuous areas of the property with slopes in excess of 30%, there on no slopes of this steepness with the area proposed for development. Therefore, the proposal will comply with the Code by avoiding all slopes in excess of 30%. Whipple Pioneer Springs Ranch Site Plan Review Page 4 0000'0G C. Scenic View Protection (Sec. 7-20-120) An evaluation of the visibility of this site from Brush Creek Road has been conducted by Pitkin County on two prior occasions. First, the envelope was found to comply with the standards for Scenic Overlay Review when the residence was first proposed in 1998 (see Exhibit #5). Second, an addition to the house that is identical to that proposed herein was found to comply with the Scenic View Protection standards in 2014 (see Exhibit #6). The Scenic Review exhibits originally presented in 2014 are being re -submitted with this application. These exhibits include proposed elevations, and a photograph taken looking towards the site from Brush Creek Road. Two prints of this photo have been provided, the first of which shows the existing residence, while the second has been computer -modified to depict the proposed addition. These photos illustrate that the proposed addition will not create a significant change from the existing condition, with the addition being visible but not markedly changing the appearance of the structure from the public road. Following are the applicant's responses to the County's scenic view protection standards. 1. The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills and existing trees, to screen buildings to the maximum extent practicable. Response: The structure is located along a hillside that is visible from Brush Creek Road. The existing topography and natural vegetation do not offer significant screening potential for the house. However, the addition will be relatively small and designed using forms and materials that allow it to blend into the hillside so it will not significantly change the scenic qualities of the area. 2. The proposed development shall avoid the location of structures within the Scenic View Protection Areas and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan, if possible. If location outside of the Scenic View Protection Area and defined viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of the site as viewed from those corridors listed above. Response: It is not possible to locate the proposed addition outside of the Scenic View Protection Area. The proposed addition will not be on the highest ground on the site. 3. The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect and staggering rooFlines to avoid a long unbroken plane. Whipple Pioneer Springs Ranch Site Plan Review Page 5 0000,17 Response: The photos illustrate that the proposed addition will be subordinate to the main residence and not create significant new visual impacts. The proposed addition will be a smaller form that will be appended to the articulated form of the main residence. 4. The proposed structure shall be placed so that it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed above, unless there are no alternate building sites on the lot or parcel. Response: The photos illustrate that the proposed addition will not penetrate a ridgeline and will not silhouette against the sky. 5. The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth sheltered design, the use of natural materials and coloring, the use of low -reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel or compliment the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: The proposed addition will be built from natural materials or man-made materials that have dark natural coloring. The elevations show that the addition will complement the design of the existing residence by using matching siding, windows and roof materials. 6. The proposed development shall preserve natural vegetation and avoid development within irrigated meadows to the maximum extent practicable. Response: The proposed addition will not cause the loss of significant natural vegetation or be located in an irrigated meadow. 7. The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Response: There will not be any utilities needed to serve this small addition. 8. All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of-way listed above and shall use earth tone colors and/or screening to minimize their visual impact. Response: A satellite dish is not planned for this addition 9. The proposed development shall not utilize earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with the standards of this section. Whipple Pioneer Springs Ranch Site Plan Review Page 6 0OOODJ Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. Response: Earth moving and berms are not proposed as the means of complying with these regulations. 10. In the Rural Area only, development shall be located so that activities and development occur in at least one of the locations specked in subsection (e) as they may apply to the particular property. Response: None of the locations listed in subsection (e) apply to this property. 11. The exterior of all development shall be built or painted with indigenous earth tone materials or colors. Response: The materials will have, or will be stained with, a dark natural earth tone. 12. All roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Response: The copper roof material will be treated prior to installation so it is non - reflective, matching the existing roof. 13. Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure the survival of planted native species. Response: The applicant will comply with this requirement. 14. To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. Response: No changes are planned to the location of the existing driveway. Whipple Pioneer Springs Ranch Site Plan Review Page 7 0 0 0 0 D 9 D. Landscaping and Vegetation Protection (Sec. 7-20-130) The applicant does not have any significant new landscaping plans for this lot. Following are the applicant's responses to each of the standards in this section: (b) General Provisions. 1. Protection of Natural Vegetation. The applicant will preserve the natural vegetation on the site, except for the lawn area that must be disturbed to build the proposed addition. This area will be re -vegetated following the completion of construction. 2. Conformance with Wildfire Regulations. There is no conflict between the County's wildfire regulations and the requirement to protect natural vegetation on this site. 3. Berms. A berm is not proposed for this site. 4. Landscape Enclosures. Landscaping is not proposed to be used to enclose the boundary of the parcel. 5. Visibility Clearance. No landscaping is proposed where it would inhibit the visibility of drivers. 6. Utility Easements. Landscaping will not be installed over a utility easement. 7. Financial Security. The applicant requests that no financial security be required for this project. 8. Maintenance. The applicant agrees to maintain any landscaping that may be planted in a healthy condition and to replace plants that do not survive. (c) Required Landscaping in Rural Areas 1. None of the purposes for which landscaping is required in the Rural Area apply to this proposal. 2. If any shrubs or trees are planted they will be clustered into natural groupings and will not be planted in regularly spaced lines or rows. Indigenous species will be used. Whipple Pioneer Springs Ranch Site Plan Review Page 8 000010 E. Lighting (Sec. 7-20-140) Any new exterior lighting that may be installed will comply with the applicable provisions of the Land Use Code, as follows: ♦ Any exterior lighting that is installed will be down -directional. Fully shielded fixtures will be used so the bulb is not directly visible from adjacent and neighboring properties or the adjacent right-of-way. Fixtures will be selected to ensure that light trespass levels at the property line are no greater than one-half (1/2) foot-candle. Any lighting that is installed along walkways will be set at no more than twelve inches (12") above finished grade. ♦ There will be no spot lighting or flood lighting of the proposed addition. Whipple Pioneer Springs Ranch Site Plan Review Page 9 000011 F. DRIVEWAYS, PARKING AND UTILITIES (Sec. 7-30 and 7-50) The applicant will continue to use the existing driveway that serves the residence. The applicant does not plan any changes to this driveway. On-site parking for the residence will continue to be provided within the existing three car garage and in the auto court. The proposed addition will not require any utilities or other public services to be extended, relocated, connected or disconnected. Whipple Pioneer Springs Ranch Site Plan Review Page 10 000012 III. CONCLUSION The applicant has responded to all applicable criteria of the Pitkin County Land Use Code, pursuant to direction given during the pre -application conference. Sufficient evidence has been provided of the project's compliance with said criteria, and commitments have been made to insure that the proposed development will mitigate its development impacts. The applicants will respond in a timely manner to requests by any reviewing agency for additional information, or clarification of the statements made herein. Whipple Pioneer Springs Ranch Site Plan Review Page 11 000013 EXHIBITS EXHIBIT #1 Bonk of Cobradc-V/,stern Stop, P.O. Box 520 GlrartwooS1py'Gp a SPR ADor< TLIa Lbe Por Raardtng Dau DEED OF TRUST (With Future Advance Ctause) I. DATE AND PARTIES. The dare of this Deed of Trust (Security Instnweut) is ...A.P.gUSP,23,_,1994 and the parties, their addresses and tax identifration oumbers, U - . rcgttured, este as Follows: GRANTOR: CECRGE S. KaTpLE LYDIA B. VkU1'PfE 3335 COUNTY RD 113 3335 CCU?IY ROAD 113 allGUMALE, CO 81623 allGaMALE, CO 81623 SC= SECURITY #: 1.18-36-9813 SOCIAL SECURITY #: 048-38-9934 ❑ If checked, Toler to the attached Addendum incorporated herein, for additional Grantors, their signatures and acknowlcil mcrus. TRUSTEE: PUBLIC TRUSTEE OF GARFIELD COUNTY 109 -8TH SLRFST GM*CCD SPRINGS, OO 81601 LENDER: BANK OF COLCRAO0 - WE41I.3SF SLOPE CRC-kTIZED AND EXISTING trffii THE LAWS OF TIE STATE OF COILRP.DO 901 GRAM) AVENUE (aT,aMWD SPRUSLS, CO 81601 TA?�PAYER I.D. #: 84-0688340 '-. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to aem)re the Secured Debt (defined below) and Grantor's performance under this Security huttvment, Grantor irrevocably grams. conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: PARCEL, 2 000/PfCNFEIR SPRnrr RANGE AS SLEW IN THE FIRST AMENEM Nr TO Wr LINE AD7I15'Afr. AND 1041 REVIEW S41Tc 2111N RECORDED MAY 24, 1995 IN PLAT �R 37 AT PPC>G 37. III HIM 111 111111111 IN 434977 08/30/1999 09:448 DT DRVIS SILVI 1 1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY Co TheProperty is lowed in M.T@1.................................................... at .......................................... .....(Co+aO) ..650.. PICfffi2..$PRIPP-ri..S7OAD....................;N-. TiASS.. YTEX.A.CiE.............. Colorado.81615.......... (A4drtss) (cry) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures. futures, and tePla¢pu:ars than may now, or a any time in the fumte, be pan of the real e — described above (all referred to as 'Property'). 3. MAA)MVfUM OBLIGATION LEWrr. The meal principal amoum Secured by this Security rnni unions in my one time shall not exceed 5 3..200, 000.:00 .............................. This limitation of amomt does not include interest and other foes and charges validly made pursuant in this security Iastroman. Also, this limitation does ant apply to advances made under the terms of this Security lnstxumem to prowl Lender's security and to perform my Of the COvenauts counui ed in this Security imtm=r. 4. SECURED DEBT AND FUTURE ADVANCES. The tests -Secured Debt. is defined as follows: A. Debt incurred under the terms of all promissory nom(s), contract(s), guaranry(s) or other evidence of debt desmibcd below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as bonowen1 names, note n iOno s' iaue"W renes. rnaturirvdates. etc.) 2%DtIS9l7(ZY NOTE D= 8/23/99 IN THE NAMES OF GBORCE S. WFUEPPLE AND LYDIA S. KaPPLE FCR THE p IOUfT OF $3,200,000.00. c OA`ipo . peep OF MST Ja FOn FI .1M c.1. aM vw VSe �' I res a r o C 19L ewrrr aFY�,r, la., S. ek„v NX Fvn aFOTiO 1 OFa)M /F ➢� lf..el�''4G4/ IFFF ... 000015 B. All future advances from Lender to Grantor or other future obligations of Grantor to Lender under any promissory note, coutrsl. guaranty, or other evidence of debt executed by Grantor in favor of Lender executed after this Security Instrument whether or not this Security lostrument is si mifirally referenced or such future advances or furore obligations are incurred for my purpose that was related or unrelated to the purpose of the Security Instrument. If moa than over person signs this Security Instrument, each Grantor agrees that this Security Insinrmrn[ will secure all future advances add future obligations that are given to or incurred by my one or more Grantor, or any one or more Grantor and others. All fortune advances and other future obligations are .secured by this Security Instrument even though all or part may out yet be advanced. All fururc advances; and other future obligations are snored as if made on the date of this Security Inswment. Nothing in this Security lustrumew shall canstimte a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Grantor owes to Leader, which may lata arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafs relating to my deposit account agreement between Grantor and Leader. D. All additional sums advanced and expanses incurred by fender for insuring, preserving or otherwise prorating the Property and its value and any other sums advanced and expenses incurred by Lead= under the a= of this Security Instrument. This Security Instrument will not secure my other debt if Leader fails to give any required notice of the right of rescission. 5. PAYMENTS. Grantor agrees that all payments under the Secured Debt will be paid when due and in aecordaam with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully sized of the estate conveyed by this Seeunty Instrument and has the right to irrocably gram, convey, and sell the Property to Trustee, in trues[, with power of sale. Grantor also warrants that the Property is unencumbered, c for encumbnmces of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, dad of trust. security agreement or other lien document :har created a prior security intact or encumbrance on the Property, Grantor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To pmmptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow my modification or extze sion of, nor to request any, fume advances under my note or agreement secured by the lien document without Larder's prior written consent. 8. CLAMS AGAINST TITLE. Grantor will pay all tum, assessments, tins, mcumbranar, lease payments, ground rents. uilitia, and other charges relating to the Property when due. lender may require Grantor to provide to Lender copies of all optica that such amount, are due and the receipts evidencing Grantor's payment. Grantor will defend tide to the Property against my claims thm would impair the lien of this Security Instrument. Grantor agrees an assign to Leader, as requested by Leader, nay rights, claims or defenses Grantor may have aga of parties who supply labor or materials to mainui s or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the =tire balance of the Secured Deb[ to be immediately due and payable upon the creation of, or comae for the creation of, my lin, encumbrance, transfer or sale of ire Pro pary..Ths nigh[ is subject to the restrictions imposed by federal law (12 C.F.R. 591), u applicable. This coo=ant shall rum with Ne Property and shall remam in effect tmtil the Seared Debt is paid in full and this Security Insaumrnt is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make 311 repairs that are reasonably necessary. Grantor shaft rot commit or allow my waste, impairment. or derenura[ion of the Property. Grantor will keep the Property free of noxious weds and grasys. Gri a or agnea that the asmam of the occupancy and use will not substantially change without Lender's prior written =num. Grantor will not permit any change in my license, restrictive covert or easement without Lender's prior written const. Grantor will notify Lender of all demands, proceedings. claims, add actions against Grantor. and of my loss or damage to the Property. Leader or Lender's agents may, at lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Grantor dance at the time of or before an inspection specifying a reasonable purpose :or Ne inspection. Any imsoection of the Property shall be entirely for Leader's beaefi[ and Grantor will in no way rely on Leader's inspection. 11. AUMORTTY TO PERFORM. If Grantor fails to perform my duty or my of the covenants contained in this Securitv Inanumma. Lader may, without notice, perform or =use them o be performed. Grantor appoints Leader as attorney, in fact to sign Grantor's tame or pay any amount necessary for performance. Lender's nght to perform for Grantor shall not creme an obligation to perform, and Lender's failure to perform will not preclude Leader from exemaing my of Lender's other rights wdc the law or this Security Instrument. If my construction on the Property is discominued or not carried on in a reasonable moaner. Lender may rake all steps necessary to pmtem Leader's security imerm: in the Property, including completion of the onstrucioo. 12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably grave, conveys and sells to Trustee. in test for the benefit of Lender, as additional security all the right, tide and interest in and to my and all existing or fume leases, subleases, and my other wrium or verbal agreements for Ne use add opvpzpcy of my portion of the Propem, including any extensious. renewals, modifications or subst(ndions of such agreements (all referred to as "Leas¢) and reals, issues and proris (all referred to as "Rents'). Grantor will promptly provide Leader with true and correct[ copies of all existing and fume Icsses, Grantor may nllem, receive, enjoy and use the Items: so long as Grantor is not in default under the terms of this Security InsrumcnL Grantor agrees that Nis assignment is immediately effective between the parties to this Security Instrument. Grantor agrees that this assignment is effective as to third parties on Graa[or s default when Lender takes acrd possession of the Property or when Lender a foreclosure on the Property or an action or proceeding for an appointment of a receiver or for the seauestruion of Rents and this assignment shad remain effective during any redemption period until the Secured Debt is satisfied. Grantor agrees that L der or Trustee my take actual possession of the property without the necessity of commencing legal action and that actual possession is deemed to occur when Lender, or is agent, notifies Grantor of default and demands Naz my tent pay all fume Renu directly to Lima. On receiving notice of default. Grantor will endorse and deliver to Lender my payment of Rents in Grantor's possession and will receive my Rens in true for Lender and will not commingle the Res with any Other funds. Any amours collected will he applied as provided in this Security Instrument. Grantor war[mms that an default ass under the Isasa or my applicable landlorailmos nt law. Grantor also agrees to maintain and require my :an=t to comply with [be terms of the Lena and applicable law. 111111111111 !11111 IN 1111111 III 1111111 III 111111111 IN 434977 08/30/1999 09:44A D7 DNVIS SILVI 2 of 4 R 20.00 D 0.00 N 0.00 PITRIN COUNTY CO n; ran zPr� L G v7 000016 m ei a m 00001-1 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Grantor agrees to comply with the Provisions of any lease if this Security is on a leasehold. If the Property, includes a unit in a condominium or a p(amed unit developrmmt Grantor will perform an of Granwr's duties under the covenants, by-laws, or regulations of the wMominivat or planed wait development. 14. DEFAULT. Grantor will be in default if any parry obligated on the Secured Debt fails to make payment when due. Grantor will be in default if a breach occurs under ase rersm of this Security Instrument or any other documenr executed for the purpose of creating, securing or grsanrying the Secured Debt. A good faith belief by Lender that Lender u cry time is insecure with respect to my person or notify obligated on the Secured Debt or that the Prospect of any payment or the value of the Property is impaired shall also cominam: an event of default. is. REMEDIES ON DEFAULT. m some inswnta, federal and stoic law will require Lender to provide Gramor with notice of the right to cum or other notices and may establish time schedules for lbaclmum actions. Subject to these limitation, if any trader may accelerate the Seemed Debt and forclose this Security Instrument in a mortes, provided by law if Grantor is in default. At the option of leder, all or my part of the agreed fes and charges, awed interest and principal shall become immediately due and payable, aft" giving notice if requGed by law, upon the occurrence of a dafmdt or anytime thereafter. In addition, [.ender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Sec rim Instrument and my related doeumeoa• including without limitation, the pow" to sell the Property or foreclose mi installments without acceleration. If there is a dciault. Trustee shall, in addition to my other permitted remedy, u the request of the Leader, advertise and tall the Property, as a whole or is separnre parcels a[ public auction to the high= bidder for cash and convey absolute tide fres and dem of all right, title and interest of Grantor a such time and nice as Trustee designates. Trus[ce shall give coure of sale including the time, terms anti place of sale and a desctpdo¢ of the Property to be sold as required by me applicable law in cffec a �e time of the proposed sale. Upon sale ¢f rhe Prepeary and to the extant m[ prohibited by law, Tns[ee shall make aM deliver a deed [o the Property aold which ronvrys absolute tine to the Purehascr. anti alter first paying aIi (es, charges and costs, shag pay to Lender all aooeys advanced for repairs, axes, i¢surance, tens, assessments sad prior encumbrance and interest threon, and the principal anti i¢terest oa the Scored Debt, payi¢g rhe surplus, if any, to Grantor. Led" may purchase the P.voeny. The «vitals in my decd of co¢veyance shall be prior facie evidence of the fact set forth the[ci¢. All remedies arc distinct, cumulative and not exrusive, and the lender is entitled to all tcmcdies orovided at law or equity, whether or not expressly set forth. The acceptance by Lender or my sum in payment or partial paymrnt on the Seared Debt after the balance is due or is accelerated or afar foreclosure proceedings are, filed shall not constitute a waiver of Under's right to require naantete cum of my existing default By nor exercising any mmody on Grantor's default Lader don not waive Undies right to lm" consider the eve¢t a default if it con muss or IMPppeenat egad. 16. EMSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLEC77ON COSTS. Ex=pt when prohibited by law. Grantor agrees to pay all of Leader .% expenses if Grantor brerba my cove®a in thin Security Instrument. Grantor sill also pay on demand any amount incurred by f mi for inuring, inspecting, preserving or otherwise promming dee Property and Lender's security Internet. These expenses will bear interest from the date of the payment =ail paid to full u ?.e highest incaes[ ;ate m effect as provided in the terns of �"e Scarred Debt. Grantor agrees to pay all toss and expenses incurred by Under in collecting, enforcing or protecting leader's rights and mmedics •oder this Security (nstrueent. This amount may include, but is [tot limited to, reasonable aaaa mrys' fees as 3enmined by applicable taw. This Security Instrument shall remain in effc[ until ;cleated. Gramor agrees to pay for my recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (I) Environmental Law mems, withom limitation. the Comprehensive Eovi ammeoal Response. Compensation and Liability Aa (CERCLA, 42 U.S.C. 9601 es seq.), and all other federal, sure and local laws, regulmiom, ordinances, Mort orders, momey g"sral opinions or interpretive !eructs concerting the public health, safety, welfare, environment or a hazardous mbstuce; and (2) Hazudon Substmee mean my toxic, radioactive or hazardous material, waste. Pollutant or contaminant which has characteristics; which reader the substance dangerous or potentially dangerous to the public health. safcry, welfare or emirom¢e¢t. The tem includes• without limitation. my substances defined as Tanrdon material,' -toxic substances.* 'li ardous waste,- "hazardous substance,' or -regulated substance' under my Environmental law. Grantor represents, *.varnnts and agrees dist; A. Except as previously disclosed and admovvledged in writing in I eoder, use, Hazardous Substance is or win be Coated. stored or released on or in the Property. This restriction does out apply to small quantities of Hazardous Substances that are generally r[zognized to be appropriate for the normal use and maimenaw of the Property. B. Except as previously disclosed and acknowledged in writing to larder, Granter and every taint have been, arc, and shall amain in full compliance with z¢v applicable Environmental Law. C. Grantor shall manxt iamil, notify Under if a teiease or th ms med release of a Hazardous Substance «esus on, under or show the Property or [here is a violation of any Fnvimnmemal law conocming the pmoary. In such an evem. Grantor shall take an necessary accordance: action in accordanwith any Environmental law. D. Graator shah immedimely notify Lend= inWriting as .soon as Grantor has tmson to believe mere is any pending or threatened investigation, claim. or proceeding relating to the release or threatened « lese of my Hazardous Substance Or the violation of any F3viram umal Law. 18. CONDEMNATION. Grantor will give Lender prompt notice of my pending of threar•,-+ action, by private or public entities to purchase or take any or all of the Property through condermaoon, emment domain or any other means. Grantor authorizes Lender to intervene in Grantor's name in my of the above described action or claims. Grantor assigns to Under the proceeds of any awed or claim for damages connected with a condemnation or other taking of all or my pm of the Property. Such psmxras shall be considered payments and will be applied as provided to this Secuiry Inswment. This asslapme: of proceeds is subject to the terms of my prior mortgage, deed of from, seuuriry agreement or other dim doRm"st. 19. INSURANCE. Grantor shall keep Property iazureel against loss by fire, flood, theft and other hazzrds and risks masooably associated with the Property due to is type and location. This insurance shall be nvmaumd in the amounts and for the periods that Lend" requsa. The insurance carrier providing the insurance shall be chosen by Grantor subject to Lcder'a approval, which shall no[ he unrevooably withheld. if Grantor fails to maintain the coverage described above, lender may, at l,eedc!s option. obtain coverage to pmtent LMder's rights in the Property according :a ".ere terms of this Sectrity Izstram. — TIM) M. O,p9� B�aw Srww :.. it mss. NN su.,, err Or CO fwaa9a All insmmce policies and renewals shall be acceptable to Leader and shall include a standard 'mongage clause' and, where applicable. 'loss pay= clause.' Granter shall immediately notify Leader of cancellation or'emdnation of the insurance. Leader shall have the right to hold the policies and renewals. If Lender requires. Grantor shall immctfiatcly give to Leader all receipts of paid premiums and maewal notices. Upon loss. Grmror shall give immediate notice to the assurance carrier and Leader. L-nder my make proof of loss if not made immediately by Grantor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the ramration or repair of the Property or to the Seared Debt, whether or not then dem, at Lender's option. Any applitmioo of proceeds an principal shall not extead or postpone the due date of the scheduled payment nor change the amount of my payment. Any excess will Se paid m the Grantor. If the Property is acquired by Lender. Granmr's right to my insmance politics and proceeds resulting from damage to the Property before the acquisition shall pass to Leader to the ex[em of the Scarred Debt immediately before die acquisition. .20. ESCROW FOR TA)M AND INSURANCE. Unless otherwise provided in a separate agreement. Grantor win not bertqufred to pay to Lcada funds for taxa and insurazz..is ucow. 21. F4YANCIAI. REPORTS AND ADDITIONAL DOCUMENTS. Connor will provide to Leader upoa request, MY financial statement m inform itt us Leader may deem reasombly necessary. Grantor agrees to sign. deliver, and file my additional documents or certification¢ that Leader may consider naasary, to perfcx, maims,, and preserve Granter's obligations under this Security (nstrument and Lender's lien status oa the Property. 22. JOINT AND n4DWMUAL LIABILITY; COSIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual- If Grmmr signs this Security Inswmeat but doer as sign an evidence of debt, Graa[or docs so only to mortgage Gramor's interest in the Ptopeny, to swarm payment of the Sacred Debt and Grantor does not age= to be personally liable on the Secured Debt. If this Security Instrument secures a Varsity betwem Leda and Granter. Granter agues in waive my rights that may patent (coda from bringing my aouiou or claim against Granter or my piny indebted under the obligation. These rights may include, but are cot limited to. my and-deftcienry or one-action laws. Granter agrees that recede and any party (a this Secunry Instrument may extend, modify or make airy change In the terms of this Security Instrument or any m evidence of debt without Grmr's comm. Such a change will not release Grantor from rhe mom of this Security Instruatmt. The duties and benefits of this Seeurtty loser,. urea shall bbd and benefit the successors and migm of Grmror and Lender. 23. APPLICABLE LAW; SEVERAREUTy; INTERPRETATION. This Security Instrument is governed by the laws of the jmitdicaon in which Leader is located, except to the extent otherwise required by the :cwt of the jurisdiction where the Property is located. This Security Lasmtmms is complete and fully integrated This Security lnsmrment may rot be amended or modified by oral a-+--TT•. Any section in this Security Insnumen[, anachmenu, or MY agreement related to the Scoured Debt =bat conflicts with applicable law will not be effective, unless that law upreuiy or impliedly permits the variations by written agreement. if my section of this Smniry ho mmem main' be aiosced scmording 10its tams, that section win be severed and will ser affect the eaforcabiliry of the arainderof this Security Immune mc. Wheseva used, the singalu shall include rhe plural and the plural the singular. The caotiom and headings of the scaiom of this Security Instrument are :or o memo m only and ase not to be used ta:mapret m define the terms of this Security Insrummt. Time is of the � in this Scariry Immtmem. Z4. NOTICE. Unless Otherwise required by law, any notice shall be given by delivering it or by mailing it by.firsr class mel n rhe appromriam parry's address on page I of this Security instrument, or to my other address designated in writing. NWas to nae grantor will be deemed ro be notice m all granters. 2S. WAIVERS. Except m the exmm prohibited by law. Grmror waives an rightsofappraiscmem, homestead M and marshalling of seas and assess in the property 26.OTAER TEILMS. If checked. the following are applicable to this Security Instrument: l] Line of Credit The Secucd Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced in a xe•.o balance. this Security Instrument will remain in effect until released. Construction Loan. This Security Immanent seourcs an obligation incurred for the consrumon of an improvement on the Property. ❑ Iranian Filing. Grantor grams to lender a senr,ry interest in all goads thee[ Grantor owns now or in the funtre and that are or will become frames related m the Property. This Security lmsoussat minces as a financing statement and arty carbon. photographic or odher reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ❑ Rides. The covenant and agreement of each of the riders checked below are ineorpotx[ed into and supplement and amend the terms of this Securiry Insmmxst. [Cheek all applicable boxesl ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ 0&.......................................... El Additional Terms. 111111!1 IIIII 1111111 434877 00/30/1999 09:448 DT DAVIS SILVI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN couNTT Co SIGNATURES: By sighting below, Grantor agrees to the reams and covenant contained in this Security lostrument and r. in any attachmnz.. Grmmr also aclmowledgcs receipt of a copy of this Sccriry laswntem on the dam erred on page 1. AWT fere ameaLS. tDama ( )LYDIA H. ACRNOWLEDGMENT: STATE OF..e�4..'FM ............................... COUNTY OF G1RF.SF A..................................j ss. The foregoing inset mem was acknowledged before me this .....44K... day of ........a..T'P.,..r.,9.9�.. by.......a...S:..%!i?I.?p!.^..'A`.]D/.y.�SIDIcl.3:..!ri?.'�orj..........7................................................. . 11y mtnmission ezm�ircs: �a9/�t3 �C..../... of AW, v ramnrran ,, R _s eisa. a-..., s,a-n. w.. c,.a.w...tar<o iwana EXHIBIT #2 Ms. Tami Kochen, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: WHIPPLE SITE PLAN REVIEW Dear Suzanne, I am the owner Parcel 2 of the Droste/Pioneer Springs Ranch located at 650 Pioneer Springs Ranch Road. I hereby authorize Alan Richman Planning Services, Inc. to act as my designated representative with respect to the land use application being submitted to your office for this property. Mr. Richman is authorized to submit an application for site plan review for a small addition to the residence on the property. He is also authorized to represent me in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact me during the course of your review of this application please do so through Alan Richman Planning Services, Inc., whose address and telephone number can be found in the land use application. Sincerely, 4 org WhipP 400 East Hyman Avenue Aspen, CO 81611 000019 EXHIBIT #3 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Tami Kochen DATE: February 17, 2017 PHONE: (970) 920-5359 E-MAIL: tami.kochen@pitkincounty.com LOCATION: 650 Pioneer Springs Ranch Rd ACRES: 35.9 PID# 264329100009 OWNER: George and Lydia Whipple REPRESENTATIVE: Alan Richman Type of Application: Site Plan Review ZONE DISTRICT: AR -10 EMAIL and PHONE: arichman(o)sooris.net (970)920-1125 Description of ProjecUDevelopment: In 2014 a Site Plan Review and Special Review for a TDR Receiver Site was approved pursuant to Hearing Officer Determination No. 2-2014. The Site Plan will will expire March 18th, 2017. The approval for a TDR receiver site does not lapse. The Applicant is requesting a new approval for the previously approved Site Plan in order to obtain a new vested right. The Site Plan includes an addition to the existing single-family home which was never built. Land Use Code Sections to be addressed in letter of reouest (aoolication): 7-10-50 & 60: Site Plan 7-20-10: Site Preparation and Grading • 7-20-20 Slopes 7-20-120: Scenic View Protection Areas (As Viewed from Brush Creek Rd.) 7-20-130: Landscaping and Vegetation Protection 7-20-140: Lighting 7-50: Public Services and Utilities (Utilities, Water Supply and Sewage Treatment) 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. Staff will refer the application to the following agencies: Brush Creek Metro District, Pioneer Springs HOA, Aspen Fire District FEES: $1,679 (make check payable to "Pitkin County Treasurer") $1,625 Planning Office flat fee (non-refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $325/hour) • $54 Public Notice Fee 000020 To apply, submit 1 copy of the following information: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" x 17" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual 4. Engineering report addressing road design, water supply, drainage, wastewater disposal and other utilities and public services (as applicable). 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 7. Consent from the owner of the property for the representatives to process the application and represent the owner; 8. List of all property owners within 300'. 9. Total fee for review of the application; 10. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (form attached); 11. Copy of this Pre -application Conference Summary form. NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. 000021 v a EXHIBIT #4 t -` X71-793 "E��.:lap PG f '1.-,..... j ."FC` ` DI7C 378933 B-773 I - PITiiItJ�Gdl]IVTY"CLEF2K dr REEORD't V•00 SILVIA DAVIS :-:........ .,. RESOLDTZON. OY :TSS;: BOARD . or . COUNTY CowasAIONERB OF IITSIaI cog]= COLORADO, ORANTnw., o4I_87EC1AI. REv=SS• ' BDHX "lax .. AND . .• _.__ .__ ..rte. aP.C4 V2&c .a OWNED' CARETAEER UNIT BY MARY ELI3ABET3 7►13D-ALBERT .DDROSTE Resolution No. 93- Mary 3 Mary Elizabeth and Albert Droste, hereinafter "Applicants", P-.. have applied to the :m , Board of County Coaissioners of. Pitkin County, Colorado, hereinafter "Board", Lor approval Of. the following: - a. Collective 1041 special Review for --six single family building envelopes and access,drives, pursuant to:5eetion 5-400` of;thei ^ Code; b. Collective General Submission Review, pursuant to Section 6 'C 3 of the ode; e.. caretaker Unit Review for six attached caretaker units, one _.._ On ea lot,"puYSQaht to Secrion 3=8-1 :.ot., tha CBde.. i. The development parcel is located, en the north side of Brush y _r Creek Rozd. in Section .29, Township 9 south, Range 85 West, more specifically described in,Exhi�_it 2. The Applicant's parcel 4 s zoned AF71 and cansists of seven _ adjacent metes. and bounds lots, each containing 35 acras•.or._more. j. One of the seven lots,., rece�ivArd;1 a general Submission - approval pursuant to Resolution 4. The applicant is requesting concurrent approvals for thw der to facilitate a "master plan" approach remaining six lots in orto the development of the parcels. S. The Planning Commission .considered,the Application at a duly noticed public_hearinq at a regularly scheduled meeting on November 3, 1992, at which time they app: owed a, scenic overlay/ridgelins 00022 a, Resolution #93-� Page 2. .. , review ,and a subdivision exeaption. for lot .line adjustments between the six lots, pursuant to. Resolution PZ -92-38. 6. The Planning Commission. also reviewed .and recommended conditional approval of tha requested 1041: Special Review, Caretaker Units and General submission. 7.This application.was .,scheduled to be heard at, regularly . a regularly scheduled meeting an Tanuary 5, 1993, at which time *it .was cgntinued to March 23, .1993, due to an illness.,in the.applicant!s family. 8. The Board heard this appl=cation on March 23, 1993, at which time evidence and testimony was presented with respect to the proposed development. The Boa -d. commanded the applicants for clustering building sites, and encouraged the applicants to place a conservation easement over the remaining, undeveloped portion of the parcel in order to facilitate preservation'of wildlife,habitat for the futurs.. NGA, TXZRBFOR.S, HE IT RZSOLYED by the Board that_ it does hereby grant approval to the L`=aste 1641 Review, Caretaker Dwelling Unit Review and General _•submission subject to the following conditions., i The applicant, his assigns, successors. or heirs shall abide by recommendations made by consulting geologist Nick Lamplris. The following measures (a -d) shall be included in protective covenants: a. Rillsaround each site shall be .diverted through proper drainage design;' approved" by a Fe" is sr.. p=ofessional engineer prior to . issuance of building permits for the residences. - b. Homes shall__pa placed on positive ground with slopes 000073 8-77.3 F s,,4 .0 /13/95 0 P Pb''3 _. J%090.] ... .. .. r Resolution #93-- i Page 3 _... :..._ draining away from the foundation in all directions ,o at least 5% for ten feet; C. In order to minimize shrink -swell potential and keep n shall hydrocompactior. to a minimum, nature watering dscapinq shall be eaco�xraged. Extensive _., . be avoided; . prior to ..building permit application, a registered shall approve foundation design's professional engineer which ]nay have potential to assure accommodation of rscils for saalling when wet; measures shall be adhesed 2. The following wildfire _mitigation and incorporated in covenants: ., . to, maintained, Residential_. sprinkle= systems and _associated water . hcterior. �\ s`orza shall be installed in all residences shall be for, emergeae}G _ access_ to_wate-� storage _available cersonnel =e`sonding to Pine• use by b. In the event. that the applicant sno dby install Brush a Creek Water Di§trig-; the applicant shall }at qua of 10, 000 �1f j` water storage tank.' to-.accommoda_te -a, be deEe'rmined by the gallons. Capacity shall Health Department• The tank,nay be located,. to Environmental of designated building envelopes sub;ect Of outside approval by the Planning office and thebDivision Y B ubh theCreek 41, dlifa. if water _service_ is p a Erre hydra"t' shall, be Water Distric" .placed in lieu of. a storage tank, and the along the water ,line, as fire for - as Districtshall provide water ,donI- ee-s to we s 0 ag shall ' be flows- Exterior access .. available for:_emergency use by pe,�sonnel responding to fire. All roofs shall be kept cleared of debris. c. d_ The base of `..hebuid_ing(s) shall. be kept cleared of weeds and debris. : �.... _....:... .:... .. .._.... Firewood shall be stacked an a contour away from e. building(s)- f. At least one. ten pound ABC class fire extinguisher shall be placed in each.s =aSture_ g. Regarding vegetation`• 1) All vegetation shall be removed within 10 feet of the as 'low'. grcundeover such as structure and/or maintained 000024 J, ovuu — ....�....�...:{Y,._.�.-rr.r<_.y�c.:.,.��..vrr•. .'!!+4.V:c,...: � • T`:i=�^-'�JiM'ei'�!�`'.4Hiq�..1V�t.KKYak}dai;ii+.r„r.. Resolution 493 - page 4 mowed grass, 2) Vegetation. .shall;be feet around the str 6'E': Crown separation betiWiW Remaining clumps shall diameter in excess,.gf, 1( 3) Vegetation density to a disttnce.,of_at lea: 41 Maintenance of. Eh thinned.._ within a minimum ef• 30 with a`ifiinimum of Id, ft. -9--Cluldps of oak/servicebeiry.. not have An aggregate crown feet. ia]T 5e -reduced by'thinning out t 100. feet •i„rom,structures. r” 'edefensible' stace"' shall .be required and snecified.,in_;Protective covenants. Any additional proposed buildings within the building envelopes shall incorporate. wildfire hazard mitigation v measures. Hon -combustible roof malarial including tile, asphalt, J metal or Ciass,B Carni-Guazd"jregistered.brand name) Red Label shakes and shingles utilizing Class 9 construction techniques (11211 minimum solid. sheathing) or better, shall be required for all structures of the subdivision.. j. Addresses shall,be .clearly marked.and visible with min. _. 2" letters: k. A11 cower and telephone _lines on-Loty numbers 2,. 3, 4, 5, 6 and 7 shall be undergrounded. J� Cantilevered bui. dine designs shall be prohibited on Lots /J 2, 51 6 and 7. ' m. The proposed _access_ driveways- shall be designed• to accomodate ,turn -around space for "emergeicy' vehicles and/cr pull-outs. sha21`e adequately spaced,aionq the main access drive. The Ccunty'Engineer, in coordination with t`le Firm District; "shall review' the design for compliance with, road standares, prior to issuance of an access permit. 4. Development impacts on. wildlife shall -be -mitigated as follows: a. Dogs and large domestic predators shall be prohibited on..., site. Covenants shall reflecthe prohib t ition and include the following, ,stipulation: ........... Representatives of tha .,Colorado Division of wildlife . (,VOW") and Pitkin County aro horeby granted a license to enter upon all subdivision lots andcommonground in. order to enforce any of the restrittiOng set forth Yn - these covenants with respect to dogs. Enforcement on. . the part of the DOw andP tkin CoitBty -may, include the capture or destruction of any. doge running at large on PL J U, 378933 Resolution 19.3 - Page 5 the ;rooezty. Owner$ of doge running at large shall, upon demand, rsLMtur.5e the DOW and. Pitkin county for all cost, incurred . i I n . the lialmmirb-o tr�u dasct an_.QI au U, h dogs. b. New or replacement; fencing outside of the building I =_ ­ , , envelope shall be i sited to pasture, area (s) approved by the oivision of Wildlife. These areas shall be delineated f Wildlife iIa'IE­jjjd�*`a�p-V&-d-*Jffd by-t1je DIvlsIOn..O_...._., on. the of . the plat. Fencing shall . be tfiiee prior to recording strand wire, a maximum of 42", in height with a:minim= kick smace of, 12.11. frarn Lite top. Fencing Shall bedesigned to allow passage C_ U shall occur outs No vegetative manipulation outside of the .­�, .. . - building envelope (S) except where necessary to acco=odats wildfire 'hazard' mitigation, water tank constz"acti,on, and road construction, and within the horse pasture 'identi f ied - On the site Olin. d. All development, w; t17. the exception of the water tank, roads and utilities, shall be limited to the building specific- (outside '��f�-EL'rfding envelcDes. areas envelopes) shall be approved by the Division of Wildlife .,air- fencing and gzazinc, and shall be designated an sita plan. Grazing/pasturing shall be prohibited, except during the period '=a= April Ist.through October_ 3.0th, during which time g_--,a,zr_nq/pa4t�drinq shall be alwed qnly ­ 1.11 at, as 1 . within the the. area designated an thallowed site plan/plat, approved by the DIVision of Wildlife. Sheds and -bay a n storage areas within the p, stdies des' 6 - th4 rec—arded site plan may be used from 'April 1st through October 30th. only. Al2: hay shall be removed or made inaccessible to. Wildl if a from October. 31st through Max=1i 31st. Barns (for tl.e purpose 'of providing s e ter - a - r other accessory ssory Uses for animals) shall be prohibited.., e. Ali =ash Shall be contained in bear -proof containers. f. Data --!zed employee un --s, and development of. roads in 'any for portion of the prctfs:rty, other than that designated the subdivision access drive and Individual driveways"on. . -_ "-b- '�' hibitid.­_ the site plan, stip-2.1 be. pro All winter rgoreat4onal use of the property shall be -fie- �V-?c5dd for parcels 2- p=c,4bited west c6j. "­11te pia 7 " . 0 ::entified on the recorded h. The a water in Pionee= springs pond shall remain available for use by W:Liidfi-4&. I I U0 0 0 2 G 378933 H-773 i BP PG 6 _ .. ._ Resolution 193 -yam Page 6 1 S. Constrlction_.of structures and grading (with the exception of the approved access :roads on"'s'iope`s''exeeadinq 3C4 in grade, a shall be prohibited, unless pproved subject to further. 1041 review by the Board.. Within the building envelopes designated' on the site plan, above ground 'fencing and vegetative landscaping may encroach on- slopes exceeding 304 in 'grade: 6. The applicant shall revegetate areas._.,disturbed . by construction within one growing season of construction. 7. Prior to construction of the access _road ands :driveways, the applicant, his assigns, succassors 'or' heirs shall obtain.. an. , _z access Hermit from the County Engineer. Roads 'shall be, ` designed to comply with County driveway standards. a .. The access drive shall be treated (at a frequency to be `\ determined by the Environmental. "8aal .T 'The road J ha dust contrel by the Homeowners._ Association. 'The road._saa. shall M --. built and initially maintained by the' applicants. Haintenanc`e shall then be taken overby the Homeowners Association. _ Covenants shall address -iairtenanc,e"on a pro rata share basis 9. Access easements .for use of the common, driveway shall be . described and-'recorded_or. the.'l_ot_.l.ine a_Cjust6ent plat, as necessary tc benefit all es the parcels.' 10. Contributions of no more than 55,000.00 shall be imposed on each lot as a pro rata assessment 'for improveaents to Brush Creek Road in the event .that a road improvement district is formed. All, lot. owners shail�"join a `road improvement district, in the event yhzt such a district is formed. ......n"......:.:_"..",..,........_.;—,.r.R.::.,..ai.:.»•xm.. Covenants shall reflect .11his requirement. !V 11. The applicant shall submi . a._dr_ ainage%erosion control plan at \! building permit applieat:on. 2'emporary"arcs ion control measures shzll_also„be:recuired during construction. 12. Prior. to recording of the 1042 site plan, the applicant shall provide, evidence. to the, Planning Office and.0dunty Attorney that it has • deveioped the. appropriate engineering information and report to support :a plan for augmentation for the provision of an adequate and legal water supply for 'the development. Upon approval of the engineering report and app_ -oval of the ability of applicant to obtain a.legal.water supply by the County Attorney and the Environmental._ Health Department, applicant shall have the right to either finalize the plan for augmentation. and develop its own water system or enter into an arrangement with the Brush Creek Hater, District for water service to the 'development.' The hater, District • •. •• shall only extend water service to the development, upon approval of a District expansion -by the~'Board of- aiiinty 0000,)-l' 376933 ...:mei-.:'�u.............�.e:.G:_..—...ww—a�:+�...�.._..w_r....._s.:. .-- ... Resolution 193--D page 7 Commissioners. Upon obtaining such approvals from the County Attorney, Environmental Health Department (and the Board of County Commissioners for water district expansion only), building permits may be issued_.. -fol:' lots within the development. 13_ Septic system designs and locations, and the quality of the water„ system serving the lots, shall be reviewed and approved by the mivironmental, Health Department prior to 'issuance of any building permits- : 14. prior to recording of the plat and site plan, the Division of Wildlife.. shall evaluate the impact of using the valley (to'the _T_r�r...r F west of the ridge on`iriilc_'h da`veTopment is proposed) , as pastureland. In the event t;:at: an, area can be designated for grazing, without detrunertal impacts E0''wildl'ife, the area' shall be delineated on ha site gYan.and plat, and protective covenants shall sat w -th a"'procedure for management and $=^ers 'shared by the lots. maintenance of .he common. .- w;_..,.,_•. .,_..__;, _:-.... _ 15. Maintenance of the Lemond Ditch shall be�the .resporsibility of. the Brush Creek Stables' 3 * Gh itnage`r: bitcz access' shall be protected by easements' +}iic21 shall be recorded conc--cantly with the let line adjustment 'plat Ditch maintenance responsibility shall __h s t palated in the covenants. 16. Residential development cn Lots 2, 5,'6 and 7 shall be subject prior to issuance o! a buildizic to Scenic gverlay Review g- ..._ permit. T`4-3 requirement , shall be stipulated within. thd' covenants for the -property. Tne Scenic oye.rlay Review shall. be referred to the Town cr"' Snowmass Village for referral -- 17. Covenant restrictions shall require earthtone colors and/or .... .._rte -.Y "n_w-r i •a.. p9. -. f... natural materia5s sizc2i as store:"and wood for:extiriors; and non -reflective roof mate: i,als: _ IS. Through covenants, the ap=licant shall establish. architectural design standards to_.enco,.-age eompatibiltiy with t5e "ruraTk' character of the,community. ig. "uplighting" of landscaping. shall- be prohibited and exteribr lighting sources shall . be located so as to ,Iisii, th® visibility .of lights as se'In from Brash C`ae]c Road. Applicants, assigns, successors or__heirs shall' compiy :wfth county lighting regulations in effect a't.alie."tips. o!'building oermit issuance. 20. Perimeter fencing on individual lots shall be orohibited. 21. Caretaker units shall be located within or attached to a C000? B-773 P--6!;4 02/13/95 IZ3:ISP.,PG a Resolution Page 8 itf principal dwelling. Prior-,to_.issuance of building perms or (if propo§4 E—- ­­ proposed) if) jhall be dead individual lots, caretaker unl:..-O e restricted to Housing Authority Guides lin/Land Us f b�uilding permesit issuance..Sfortandar. saidd in !affect at-fse-time o unit. ;rquality regulations in effec'� Res;dences shall: comply WIt! a - at the time of b6Iding Permit issuance.. 23. The applicant, his assigns, successors or heirs shall. place n �a�ansurw " - - gravel on, the access driveway during const.iuct.ic? . ...... that no mud carryout cc6ily�i ­6n­BkuAk. pare a 24" by 36" combined 1041.51t. 24. The applicant shall pre ... 1 -1 . .. .. .Ustme- h. meets'; plan and lot lineadi nt plat or recordation vhic. n odnty the approval of the planning Department A C* Attorney'. - 25. The ac-CUMulat.'on of acreage on Lot 7 (resulting from the lot line adjustment) shall not ha for.fux"hexr ' subdivision , - , - or in floor area calculatiOs fo'je; bdilding On the lot. I+n. th a .vent that _'U—.urs "floor 'aLZea established for the zone, the lot. acreage shall ramaj_,j at 45.0.1'J`cre, for floor area calculation purposes. 26. Building envelopes on the rccOrjed -lot line aAjustmignt Plat and site plan ra7:!Iect setback'va-;- Lances approved by the Board. 27. The f02-_'Cwi:-,g 1041 Hazard Rev-sw Warning and disclaimer shall be placed on theF.14XV- -The provisions Of th*se regular=Insdo noc it% any way assure pr - imply that areas mtsidg of deg _q:-.&tsA hazards w, til, be f--tt !:Cck r. me . a 31=93, . Wil Tzarantso 'the hazards, Or that approved mitis, at:o safety of the prCparty.- granted pursuant to this ReSolUtion shall. be vested.. 28. Approvals fora period of tan years from the dateofapproval. 29. All material representations made by the applicant in the application and in public mset'ngs s2ia1Sbe adhered to and considered conditions of approval, unless otherwise amended' other condlit'ioin's'_. APPROVED. THE 23RD DAY OF MRCN, 2.993. 0 0 0 0 2 1) Resolution 193 - Page 9 APPROVED AS TO FORM- Timothy"- E County rney 000030 BOARD OF COUNTY COMaSSION=S OF plTKIN_ COUNTY, COLORADO BY Date APPROVED AS TO CQNTMM: Sumw:n CoLn piarring Director . . 1..E -,o c.. -L- 378933 8-773 P-856 A troct of land situats .$aUth, Range 85- Wgfft' 0�/13/SS 03, lap PG la OF 11 in Sec:icns 28 and 19, ro.nw* 9 Of &.e Gtr Pr.?cpe/ Merrdran being mai fallc..s partr,=Uarly descsrned as beginning at t're East 1/4 carrier of said Section 19, thsrxs S 4475'38' E 76.JS fest to a point an the_rlor're7 right- ' of -Ray line of a county road dela bcJ in Ree hk. 117613 of the rrcards of the cJe k and Retarder of Prbv,? county, - ca/croda: a =-- =id riar;l w* riche-of-rcy em foddasirig 18 tour-er. 1) S 51'47-27-W 1117 fest b4wmcv 1) 204-.Sd foot along b+q arc of a =mw to the -Ai` t having a radius of 178~.19 bsafest a canb'd_.o<t5�s of 5-33'570, and subhodng a chord vrng S 483076'DW 204.47 feet: thanes J) S 4rrJ?7- W 2JQS3 f..t fF..ner-'sj +4+7? feat akhg the arc of c c-,r�v to bhe rrgft hciliv a fueus of 110c92 feeC (7 contra! an0i of i 8 C.i"e. 8' and aubterwvrg a Crcvd bsarnrg S 34'167e W 34717 l«r therrce 5) S 6a 17zr W TS.:j feet fhm-kne 6) 204:79 fest albog the ar of o Goys . to the ,blt haysrg a radius of 17Qg31 foot a cm6 angle cl 6 2'tY>• crds tending a ctcr:! bearing S J9'1f`1r )Y 204.67 fest' Brent's 7) S .S6'2:!V7 Y 1eaM Apet ffw=r B) 109.71 fact clang the are of a clrvw to flys Taff havmg a rcdus of S.s8.,51 feet a cantr•v/ angle of 14Z10IX , and subtarrav a crcrd becring S' 497S'2T W 2LV-25 feet � thence 9) S 4225770 W 21.: 96. feet 6awe ro}_38s8S favi Clang e".a arc of a errw to the .right: having a r ck" of f lav fest a crrb4/ angle 'of 19'5,6'48' and subt.,— a e,crd bearing S 422876' W .iZ 70 feet &,;-" 11) 10917 feet long the are of a cv^v to lher right.' haysrg a r=fi of 1019..`.5. fee4 a cvmbtf angle of 11'45.77, and subfendi+g o chord-bgenng S 68720'J9' W 20890 fleet thence 12) S 74'1J770 W 146.71 fee(; Btsrrat _ 1J) 114 10 feet crarg the arc of a crr're tt• the /eft; having a /talus of . 60.7. 1,6 feet a cenb't/ angle of 10111.1', and sublmrdrn7 a chorJ bearing S 6X56 J4 W _ 1,Z 00 feet thence .14) S-6,M?770 W 6256 festr thence 163''179.78 fast a/arg Urs arc of a 'carve to the right hcving a radkct eJ feet, c csnb-jl._angle of 2857'68; and subtendrng c crCW bearirra S 6870978" W 276.8.7. feet. t'r_ence 16) S 82'48770 W 142.3/ feet: t4ents 17) 96:47 fart clo`rg toe arc of d arm to the righ4 having a radius of 1094.57 feet a aarrbral ics�.7 0no031 . 78933 P-773 P-657 02/13/95 243= 18P FG 11 OF 11 - angle of 5WW" " and subtamff"g a ehc. d beating 5 M'19157' W 96.44 feet M>snce .18j S 871177'-W 251M feet to a podif afi'c Armco ix 46ic7�. n Soak 195 at Pugs 69 of scid Pftn County thanca N 07W -4e £ 6MS6 fwf ,cJong said fence tins: Mx N 71 45'f8' £ 627.76 feet d*V said fancy 4,74 Mrence N W45'.T6'_.W 2ou6 i er. s6w fer,cv ct78'+s'..w _ 2•: Z.T9 feet obog =id 1cvw-- .[b1eta;_bie. dart -wit eaetar " of sold SK64NI 29.6 thence S 89'147b '=iYY1 ±ie o irg said Best -.q t. tanter�me fo the sovthrsrt eortt�r of .. - �_, of said Sec5cm -29; hmiW N Zi PIf`37' £'l=iZ 7 fesi" ffe Best rare of _Cols. 17 and 74 .of said-_ SecBan 29 north Pure a! acrdSe�on ?9,• therm ;5 B.S.S'631' .5.��'6'l�" feet to the SouHf`+ 4 tarrrer_af;ae4en?ff, fhwres''N 89'18 f9'E..12:94 feet to, fhe narMr '1/f el"aaid Sectbn 29,• Mrerrea . N'OE fJtig-54 feet awl the north me e/ awd .See3c+n 29 4o. tfrr eorner"'af Lot . f3.of as d_ Sort 19; thenei S GrO'03 9" �, 1 J f"7fiW. �. . akrq tis ecst �'oiscrd; Lot ,t3_�^�.. eer±ur.ol said Lot 19; f xn S point G 000032 416878 �II� 111111111111111111111111111111111111111 IN EXHIBIT #5 1 of 2 It 0.00 D 0,00 N e.00 PITKIN COUNTY CO RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITICIN COUNTY, COLORADO, GRANTING SCENIC OVERLAY REVIEW APPROVAL TO GEORGE S. AND LYDIA B. WHIPPLE Resolution No. 98-0V George S. and Lydia B. Whipple, hereafter "Applicants", have applied to the Planning and Zoning Commission of Pitkin County, Colorado, hereafter "Commission", for scenic overlay approval for a new . single-family residence that will he visible from Brush Creek Road, pursuant to Section 3-60.40 of the Pitkin County Land Use Code (hereafter "Code'). 2. The lot is zoned AFR-10 and contains 35.8 acres. Said parcel is located on the north side of Brush Creek Road, approximately 1 1/2 miles west of Highway 82, and is described as Parcel 2, Droste/Pioneer Springs Ranch. 4. The Commission heard this application at a public hearing on April 14, 1998, at which time evidence and testimony were presented with respect to the application. Code. The Commission finds that the application generally complies with the applicable sections of the NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby giant Scenic Overlay approval for the Whipple residence, subject to the following conditions A. The applicant shall adhere to all material representations made in public hearings and in the application. B. The exterior of the residence shall be finished in earth tones which blend with the colors of the natural surrounding environment. Roof materials shall be non -reflective. C. Landscaping shall be consistent with the landscape Plan dated 10/4/97. Changes to this plans shall be reviewed and approved by the Planning staff, prior to issuance of building permits. 000033 Jul11111111111111111111111111111111I1111�1� 11111111 Resolution No. PZ -98 -- Page 2 D. Native shrubs and grasses shall be utilized for revegetation of disturbed areas. All disturbance caused by construction shall be revegetated no later than one growing season after completion of construction. Existing vegetation shall be retained to the extent possible. E. Exterior lighting and landscape lighting shall be prohibited on the east side of the residence, except where necessary to comply with health and safety requirements of the Uniform Building Code. All exterior lighting shall comply with the regulations of the Land Use Code. F. The leach field for the septic system may he located in the west pasture area within Parcel 2 as depicted on the Pioneer Springs Ranch Final Plat. G. The top of Floor at the northwest corner of the garage shall not exceed the 80 foot elevation line as shown on the topographic survey dated 10/4/97. NOTICE OF PUBLIC HEARING PUBLISHED IN THF ASEEN TIMES ON THE 14th DAY OF MARCH, 1998. APPROVED AND ADOPTED ON THE 14tb DAY OF APRIL, 1998. ATTEST: Lance Clarke Deputy Director APPROVED AS TO FORM: John Ely, County Attorney 000034 PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO Ry t ( w 1 Vim_ M, rcella Larsen, Acting Chair Date 5 W FS APPROVED AS TO CONTENT: Cindy Houben, Community Development Director EXHIBIT #6 RECEPTION#: 609807, 04/30/2014 at 11:62:20 AM, 1 OF 3, R $0.00 Doc Code DETERMINATION Janice K. Voa Caudill, Pitkin County, CO 'DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PrFM COUNTY, COLORADO, APPROVING THE WHIPPLE SITE PLAN REVIEWAND SPECIAL REVIEW FOR A TDR RECEIVER SITE Hearing Officer Determination No. 1_2014 RECITALS George (Steve) Whipple and Lydia Whipple ("Applicants") have applied to the Pitkin County Hearing Officer ("Hearing Officer") for Site Plan Review and Special Review for a Transferrable Development Right (TDR) Receiver Site for construction of an attached 225 sq. ft. closet addition to an existing single family (tome. 1. The parcel is located at 650 Pioneer Springs Ranch Road and is legally described as Parcel 2 of the Droste/Pioneer Springs Ranch, P1D#: 264329100009. 2. The parcel is part of the BOCC "1041" approval for six 35 acre lots granted by Resolution No. 93-43. 3. The hearing Officer considered this application at a duly noticed public hearing on March 181. 2014, at which time evidence and testimony were presented with respect to this application. 4. The Hearing Officer finds that the property has the ability to locate the proposed additional residential development in compliance with Site Plan Review standards and within a constrained free area as defined in Chapter 7. 5. The Hearing Officer also finds that the parcel is eligible to receive TDRs to construct additional residential floor up to 15,000 sq. ft, subject to applicable Code reviews and approvals. This request is for an addition of 225 sq. ft. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Whipple Site Plan Review and Special Review for a TDR Receiver Site 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. At die time of building permit submittal, the Applicant shall surrender one TDR for additional floor area of 225 sq. fl. for the proposed/represented closet addition. This approval is for this proposed addition only. Unused portions of the TDR remain with the property and could be used for future expansions, subject to applicable further reviews. 3. Conditions of BOCC Res. No. 9343 and P&Z Res. No 98-07 are still in force and effect. 000035 4. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 5. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan that illustrates the approved building envelope, existing and proposed development in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. 6. The proposed addition shall utilize non -reflective roofing and earth tone colors for the fagade of buildings. If copper or other potentially reflective roofing is used the roofing shall be treated prior to installation to eliminate glare/reflectivity. 7. No development shall occur outside the approved envelope, with the exception of vegetation removal necessary to comply with required wildfire mitigation measures. No structures shall be permitted outside of the approved activity envelope. 8. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 9. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 10. 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 Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on March 181, 2017. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TEWES WEEKLY on the 131 of February, 2014. APPROVED AND ADOPTED this 181 day of March, 2014 PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 2 day ofmaK'il , 20j_q__. 000030 A'I-FEST: &nn%e &.1UC.I%1' Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John EI f' CoAtto C P005-14. PID026-1329100009 000031 COMMUNITY DEVELOPMENT DEPARTMENT HEARING FFICER OF PI COUN CO DO By Tom Smith, Yiearing Officer Date APPROVED AS TO CONTENT: in y Houben, Community Development Director DRAWINGS �nnn VICINITY MAP TO BASALT s� N f O 2 Oe Q' T� GP OPJg� 9°9 0 9�� g TO STARWOOD c TO SNOWMASS q ASPEN AIRPORT 5 Z w N TO ASPEN 000039 WHIPPLE : SITE PLAN REVIEW and SPECIAL REVIEW for a TDR RECEIVER SITE FOR MINOR CLOSET ADDITION DROSTE/PIONEER SPRINGS RANCH-UNPLATTED DISCLAIMER APPLICANT ACN! COUNh OF THE _ _ _ _ _ LOT 2, AKA PARCEL 2 MIGHT AFFECTT OCCUPTIMTM TATION PEOUP d I Percal3 /'/ PRWERry LINE o� IM I I PaMW 4 I. Parol 2 �5.. ri 35.922 Anmm •/- �4r. \ I \\ AIN E LN® Ps" 5 � 1 1 I F1 — I I I I W I uz.u•�_�w I w• \ >�z — —P LROPERIY�irI / �\ PamN 1 � Parcel 6 Parcel 7 \ SITE PLAN z SCALE : I" = 200' evc c xoDIOD' ar TTATiffis UTILITY EASEMENT I 50'ACCESS I i UTILITY EASEMENT i ]l 4 I:Q : t/) METING m RESIDENCE SI \I II I I- PROPOSED \ ADDITION I EXISTING \\\� POOL NO I I PUMP ROOM I UTILITY I I��EASEMENT EXISTING I ACTIVITY q IENVELOPE y�Nlx'U' E PROPELINER SCALE : V = 30' za D zo Ea OWNER /AFRICAN, OWNER /AFRM ; H BEEN INFORMED By PRHIN PRKIN COUNTY HEARING OFFICER TNb eDE R/JI Nu 9EFN akvlkwED AND AFPRDVED ev THE T TO C MMUND HP V EIO oFTu.En THIS .nL DAY OF &1GIECT ro coMMUNm DEV4 DEFARrMerr /,ONINI9TRATNE OEC O. pH RECORDED A9 PECEFIKKI Iq. O DOUNIY INO ORROER ACCEPTANCE FOR RECORDING THE IMIMiY.0RPC•Epp0.pAR W HE0%INTy DF I'FCIL VIM OFFICE Ate( A I�,THE Oy O�FA�ryIM WJ CQCpADp AT b/mi6�_. I Y REe®mN,e AZEn,zeEzmAr ,wrErMA+a•+. R A,.EMJiWaK YaCwe+r.m AAT TM [Ilt I" FE p LEGAL DESCRIPTION BLROIVBION OROSTEIPIONEERSPRINOBRAHCH{,NA m LOT: E M PARCEL 2 PID % 284329100009 Foos- 14 VICINITY MAP I! 10' UTILITY EASEMENT A EXISTING ......... ACTIVITY ENVELOPE '��::"^:'-:': ::: �: 1:;;;;;::..:.:: 1 I? -0: I :4iE116/ilfii�ii5 . METING m RESIDENCE SI \I II I I- PROPOSED \ ADDITION I EXISTING \\\� POOL NO I I PUMP ROOM I UTILITY I I��EASEMENT EXISTING I ACTIVITY q IENVELOPE y�Nlx'U' E PROPELINER SCALE : V = 30' za D zo Ea OWNER /AFRICAN, OWNER /AFRM ; H BEEN INFORMED By PRHIN PRKIN COUNTY HEARING OFFICER TNb eDE R/JI Nu 9EFN akvlkwED AND AFPRDVED ev THE T TO C MMUND HP V EIO oFTu.En THIS .nL DAY OF &1GIECT ro coMMUNm DEV4 DEFARrMerr /,ONINI9TRATNE OEC O. pH RECORDED A9 PECEFIKKI Iq. O DOUNIY INO ORROER ACCEPTANCE FOR RECORDING THE IMIMiY.0RPC•Epp0.pAR W HE0%INTy DF I'FCIL VIM OFFICE Ate( A I�,THE Oy O�FA�ryIM WJ CQCpADp AT b/mi6�_. I Y REe®mN,e AZEn,zeEzmAr ,wrErMA+a•+. R A,.EMJiWaK YaCwe+r.m AAT TM [Ilt I" FE p LEGAL DESCRIPTION BLROIVBION OROSTEIPIONEERSPRINOBRAHCH{,NA m LOT: E M PARCEL 2 PID % 284329100009 Foos- 14 VICINITY MAP y PROPOSED CLOSET ADDITION EXISTING MISTER Floor Fxlsrwo REw �,^ North Elevation '"' WHIPPLE —ADDITION ���d42 650 Pioneer Springs 1-10-14 .w y R �7^�P ya .t c .•- �.s.�{ � C "r��. � orf.'.''. - _> 7QY'• •yc'�`i+.. _ _ ✓o�+e• " .•t., f+e 4 . 1.7 � _^.tea � � n r -��� - AJC; �.- � �iNa.+ll� �� ��1 ,�(iil ti. ' �c. �.,•��4`. � f ♦ 7.1 1 �r:K Air •jf�L'�iy J. ,f^'� ��;4 i(���k4�a��t�!lN�� iCiT�A Oro PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and George S. Whipple (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Site Plan Review (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 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 frill fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $1,679 which is based on 5 hours of staff time plus other applicable staff referral fees. If actual time spent by staff to process the application exceeds the average number of hours by more than 20%, 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 000045 Gcor S. Whipple igna Date: / Mallin A dress: 400 East Hyman Avenue Aspen, CO 81611 -W S ITE VICINF Y MAP - N.—TS . Notice: Accord,n9 to Ca.brodo Low, y'au wort canmence any ev, action boee,fupon a y defect Al t".r.ey w'wn three years offer You firs! discover such defect. k x event may any legal action Coreg upon on, detect in Mis su Y be e ed a than fen years from the tlate GRAPHIC SCALE ( IN FEET i t i -b - 200 it §SGMs0 Glenwood Springs, CO 81601 970.945.1004 w sgro-inc.e - Existing C on dl tl on S Ala p - Parcel 2, Pioneer Spring Ranch — First Amendment Pitkin County, Colorado Parcel 2 Pioneer Spring Ranch GRAPHIC SCALE ( IN FELT I lnah = 10 fL 1 rr rA1 n _ ® - Fouts Rebar k Cap. LS / o - Electric 7ronskvme- ®- Electric Meter ®- Electric Prix/ d) - Ewffc Manhok ¢ -Light Pole M -re/epbox Ped m - leeephax Manhole w - Kite, rote - Fire Hydrant ® - water Meter T - water shut-off 6 - wote- Monnok o - water Sagot 0 - PW Pipe 9si - xn9a6on Cone. Vote ® - 1 -Wt -Cont. Bos 0 - Sanitary 5— Manhole ® -clex( - � Meter w - cos V. e © - CATV Pedestal nth g' Sam. Wn4 (D9N) In Imo Irteq Z.1P .tri 10' tion. ranks (DBN) —ae— Ov hwd Electric Lirro —uc— Underground Ekctrk Line —o— Cos Lix —t -- Fence —ss— Suntory Sewer Line —.. — water Line -- Overhead Telephone line r—ur-- Und�cvground r./hon, R 1V Line - Concrete 1--�--� - Stone ml/s F-7= - Gro e/ - Deck F—:= - E7ogstox PROPERTY 0ES'CRlRW-V Parch Z, Orost pioneer Spniq RonM, F t Amend nt According m the Per thereof recorded M1oy 14, /995, m Plat 6-k 57 of Pepe 37 os Reception A0. J81626. County of ptkin, Stole of Co/omdo NO t, elate of Field su r December, 2013 2. This surrey hos been completed per the clients request Iw o mnp showing a+isbrq corro:[ims for specie portions of the pmperty. Sane site pen inlomrarkn hos been pmvided by others, pm—i sun Ys by SGM, etc. J. Units of ducat measurement US 5—Y Feet. 4. Busts of Beanrgs: Beonrgs sham heieorr ore rebhle to a beorirq of 5 4425'j8 ' 425J8' £ between the rrostery boundary Hx hoNng o knght of 1J8285 / t, both ends of sold N'x beilg monumented with o rehor and cap, LS / 15770. 5. Fences shown hd , if any, do not necessarily rep'rsmt the limit of ownership. 6. SGM wrR roof be responsrb/e / oy chorges mode to this document alter d koros our possessnm. Any coq, imrle, etc., of Mis doaaxn1 must be rompored to the ngmo/ sign M, sealed and doted dxumenr to n the --my o! the inlomrolion sham on y such copy, oho to insure that no such chonges hole been mode. 7 Any sub-ftl OhYles trot shown hereon, were not marked by oppmpnate utikry camprnies at the time o/ this su y Gkn{/confracror must contact specific utility companies to senfy both the location and depth o! respective utiktks. Add7iano/ erg o Y be repui2d to snow any such _ftynce u6#ty 1-66- m this nfrg. SGM will not be responsible /or protection oI subsurloce uhlYies xf marked on he gIn' of the dme o/ Mis survey. 6 the property show hereon le subject to oil eosemmts, n9hts-ol-m , buiHi/rg setbacks or other mstnctfons o/ record, os such items may affect this property. This mop does xt pmsenf a he. search by Mis sur. mor or SC,M of the property shown hereon to detem+ine omership compobbi6ty wits adjoining portN, or easements a encumbrances of necont on ting Mis Parcel. SU B r c CU77ne:A L David A Cooper, do hereby certify Biot l on, o registered Prot—nal Land 5urxyw, H2ensed under the /ors of the store of Cob odo, thot this map was prepared on December 16, 201.1, and fhoe this mop woo made lrtvn an accurak fiend su y of svid property by me arts under my 1 -P --ad, 'NM Pis hue and correct to best f mY knowledge d belief. David A. COW a Cob. Reg. PIS. t 24030 For, and on behalf of SGM Aj (AN4 Existing Conditions Map Job No. 2013-513.001 Drawn by'. dac Dale: 12/16/2013 Approved: _J q 1 File: r4-,sc^^o.n^�'zas MISCELLANEOUS DOCUMENTS PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on June 29, 2017, the Pitkin County Community Development Director granted approval for the Whipple Site Plan Review (Case P020-17; Deter. #031-2017). The property is located at 650 Pioneer Springs Road and is legally described as Lot 2, Droste/Pioneer Springs Ranch Subdivision. The State Parcel Identification Number for the property is 2643-291-00-009. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on JULY 27, 2017. PUBLIC NOTICE RE: Whipple Site Plan Review (Case P020-17) NOTICE IS HEREBY GIVEN that an application has been submitted by George S. and Lydia B. Whipple (400 East Hyman Avenue, #A202, Aspen, CO 81611) requesting a new approval for the previously approved Site Plan in order to obtain a new vested right. The property is located at 650 Pioneer Springs Ranch Road and is legally described Parcel 2, Droste/Pioneer Springs Ranch Subdivision. The State Parcel Identification Number for the property is 2643-291-00-009. 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 May 1, 2017. For further information, contact Tami Kochen at (970) 920-5359. Published in the Aspen Times Weekly on March 30 2017. Attention All Property Owners within 300' of the subiect 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 May 1, 2017. 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. hLtp://pitkincounty.com/DocumentCenterNiew/12553 County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I A `A, (2,N,,.. , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public comment deadline to all owners of property within 300 of the subject property, as indicated on the attached list, on March 30, 2017 (which is 30 days prior to the deadline of May 1, 2017). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on April 14, 2017, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Applicant's name (Attach photograph here) Signa ure Signed before me this I Cihday ofAx�_, 201' by WITNESS MY HAND AND OFFI IAL SEAL My commission expires: 10 ,ple�tary Public , (K�Ylv1LP. L Notary Public's Signature gpNN1E L. 8H� ES NOTARY PU6lIC NO7ARY ID 2x0054038739 W COMMISSION EXPIRES OCTOBER 3p.1011 PUBLIC NOTICE RE: Whipple Site Plan Review (Case P020-17) NOTICE IS HEREBY GIVEN that an application has been submitted by George S. and Lydia B. Whipple (400 East Hyman Avenue, 4A202, Aspen, CO 81611) requesting a new approval for the previously approved Site Plan in order to obtain a new vested right. The property is located at 650 Pioneer Springs Ranch Road and is legally described Parcel 2, Droste/Pioneer Springs Ranch Subdivision. The State Parcel Identification Number for the property is 2643-291-00-009. 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 May 1, 2017. For further information, contact Tami Kochen at (970) 920-5359. Published in the Aspen Times Weekly on March 30 2017. Attention All Property Owners within 300' of the subiect pro er ty 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 May 1, 2017. 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://DitkincounV.com/DocumentCenterNiew/12553 Pitkin County Mailing List of 300 Feet Radius From Parcel: 264329100009 on 03/20/2017 �tTKIN CoUNT� Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http //www oitkinmapsandmore.com 3 OLIPHANT ERIC B MULLEN MICHAEL T GAFFNEY DONNA L LIV TRUST PO BOX 1287 2091 OCEANVIEW DR 1437 S BOULDER AVE STE 1250 TIERRA VERDE, FL 33715 TULSA, OK 74119 ASPEN, CO 81612 COFFEY JOSEPH D & CATHERINE PO BOX 6486 SNOWMASS VILLAGE, CO 81615 RISPOLI PETER PO BOX 9559 ASPEN, CO 81612 DROSTE PETER C PO BOX 8388 ASPEN, CO 816128388 t PALEY DOUGLAS A PO BOX 11029 ASPEN, CO 81612 DIIANNI DONNA PO BOX 9559 ASPEN, CO 81612 BRAUN BILL & INGRID FAMILY TRUST PO BOX 6998 SNOWMASS VILLAGE, CO 81615 ZUKER HOUSE LLC PO BOX 10810 ASPEN, CO 81612 COURSON ROBERT E & KATHERINE 2882 SANDHILL RD #117 MENLO PARK, CA 94025-7057 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 March 15, 2017 Alan Richman PO Box #3613 Aspen, CO 81612 arichman@sopris.net Re: Whipple Site Plan Review ( PID #2643-291-00-009; Case # P020-17) Dear Mr. Richman: 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 emailed to you by the Community Development Department) by March 30, 2017. 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 may do so by the 1St day of May, 2017. 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 . Please note that it is you responsibility to post a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 14th day of April, 2017, which is at least fifteen (15) days prior to April 30, 2017. This must be submitted prior to any approvals being granted. If you have questions, please call Tami Kochen, the planner assigned to your case, at 920-5359. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Aspen Fire Department Brush Creek Metro District Pioneer Springs Homeowners Association FROM: Tami Kochen, Community Development Department Tami. kochen(cr�pitkincounty. com Re: Whipple Site Plan Review (PID 2643-291-00-009; Case P020-17) DATE: March 15, 2017 Attached for your review and comments are materials for an application submitted by George S and Lydia B Whipple. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, May 1, 2017. http://pitkincounty.com/DocumentCenterNiew/12553 If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. PITKIN AUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00041990 Name: WHIPPLE AND BREWSTER CORP Date:3/9/2017 Project Address: 650 PIONEER SPRINGS RD Type: check # 5008 Permit Number Fee Description 0020.2017. P LAN 0020.2017. P LAN PP- Flat Fee PP- Public Notice Fee Total: Amount 1,625,00 54.00 1.679.00 PLATS N SITE PLAN P4I DROSTE/PIONEER SPRINGS RANCH-UNPLATTED / • M . ' N Parcel 3 ' PROPERTY LINE °p/ s ' S ' c'�� cid, • LU / m N• O �. Q (� mi _._. ._.. `. PROPERTY �• s �\ Parcel Parcel 2 35.922 Acres � \ • \ Parcel 1 . N� lb N \ PROPERTY O' A 50'ACCESS `, LINE & UTILITY \11 EASEMENT \ \ \• ° UTarn,-T� \ \ ` \ Al / EASEMENT \ \ \ \ ° EXISTING ` \` \ \ � BARN\ t �('�_"' ` � .'",• .,.,, IO' UTILITY / CORREXISTIAL CXIS G'�"' • r • ` `� //^ EASEMENT . \ ` V \ DRIVE {7\� EXISTING \ ` EXISTING RESIDENCE I �• PASTURE !! , PROPOSED \ �! ADDITION �� \ Ep• / ! ! EXISTING ., • (. EXISTING fZ— ACTIVITY PUMPHOUSE t ENVELOPE Site Benchmark PASTURE I ,,, • ... • ^'^� . \ \ J 1 ! L ! : " ".. �.. Elev = 7972.00` `SSR IIReber & Cap, \ • \ \ o N 90000'AO" W I 622.92' Ls 15710 If �• �� N w� ��C� ~� t Parcel 5 1 ` t 0 // m 50'ACCESS PROPERTY ' Parcel 1 & UTILITY I LINE \ EASEMENT Parcel 6 N \ o� Parcel 7 \ SITE PLAN U� SCALE : 1 " = 200' m LOT 2, AKA PARCEL 2 10' UTILITY EASEMENT en ••.,,,� 5 TO :.:EXISTING ACTIVITY ..................... Z ENVELOPE:... ° UTILITY tTa'NG.:;:;:;:;fib EASEMENT \ • •.•:•PARKING:•:•:':•:•:•;.\.:' •\ .' ....'.'.'..'.'.'.'.'.•.'.'.� .. • • • • • . ........ I . EXISTING :. ............. ....,.: RESIDENCE .' .................. ... .••• • . • •• ••••. •. •. •. •. •.• ...................... • •••'••.•''.•.•''••••••'••............•. • . . . °.• PROPOSED 50' ACCESS & UTILITY.. .,.;: ._ - .:�. \` \ ADDITION EASEMENT EXISTING POOL • Bd � ;.:• EXISTING PUMP ' .'. ROOM UTILITY EXISTING ::.:....... 1�-- EASEMENT ... ACTIVITY ENVELOPE ...• • ... ... _ .• .•.• '..'. M _fir • oco •,....,,,.. • ® • rr E N 8z° 3 3' 0 ... ' ... ' PROPERTY LINE ....... ...... ....... ... 1. ........ ..... ........ ..... ....... ..... . SCALE : 1" = 30' :...:,,. 30' 0 30' 60' N DISCLAIMER APPLICANT ACKNOWLEDGES THAT HE /SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. OWNER /APPLICANT: OWNER /APPLICANT: PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR THIS SITE PLAN HAS BEEN REVIEWED AND APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR THIS Vq K. DAY OF �U-hQ-' , 2017, SUBJECT TO AD INISTRATIVE DECISION NO. — 2017. RECORDED AS RECEPTION NO. PIWN COUNTY COMMUNITY DEVELOPMENT DIRECTOR ACCEPTANCE FOR RECORDING THIS SITE PLAN /ACTIVITY ENVELOPE PLAN HAS BEEN ACCEPTED FOR FILLING IN THE OFFICE OF THE CLERK AND RECO ER OF THE -COUNTY OF PITKIN, STATE OF COLORADO, AT O'CLOCK, F M. THIS U DAY OF 2014 IN P6kT BOOK AT PAGE I AS RECEPTION NUMBER CLERK AND E ORE * .• SEAQ ,• A fj LEGAL DESCRIPTION SUBDIVISION: DROSTE { PIONEER SPRINGS RANCH-UNPLATED LOT: 2 AKA PARCEL 2 RECEPTION#: 639686, R: $13.00, D: $0.00 PLAT BOOK 119 PAGE 081 PID # 264329100009 Pg 1 of 1, 07/05/2017at 01:22:15 PM Janice K. Vos Caudill, Pitkin County, CO VICINITY MAP