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Home My WebLink Aboutpitkin.planning.264304200033 (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) Parcel ID: 2643-04-2-00-033 Application Date: 10/25/17 Case No: P080-1 Description: Aspen Valley Ranch Appeal of Lighting Permit Denial Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 3 Project Address: 1222 ASPEN VALLEY RANCH RD, WOODY CREEK, CO 81656 % Over Hours: 3.6 Property Owner: AVR AH LLC Address: 514 E HYMAN AVE Owner Phone: ASPEN, CO 81611 Owner's REP: DAVID MYLER Address: 211 MIDLAND AVE, SUITE 201 REP's Phone: (970) 927-0374 BASALT, CO 81621 REP's Email: Referrals: Comments Due Date: Meetings: 1st Meeting: Meeting Date: 12/20/2017 Review Body: bocc Public Hearing? no Notice Date: Meeting Notes: no vesting DENIED Other Referrals: 2nd Meeting: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: 089-2017 #644097 HO Determination #: Admin Determination #: 016-2018 #646151 Other Information: VR Approval Date: VR Expires Date: Remarks: Application Type: Appeal Plat Recorded Date: Plat (Bk, PG): n/a 3rd Meeting: DECISIONS RECEPTIONM 646151, R: $0.00, D: $0.00 DOC CODE: ADMIN DECISION Pg 1 of 3, 03/28/2018 at 10:05:34 AM Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITHIN COUNTY, COLORADO, DENYING PERMIT NO.0183.2017.PBLD FOR SITE LIGHTING AT ASPEN VALLEY RANCH Administrative Decision No. LSA -2018 RECITALS 1. AVR AH, LLC ("Appellant") submitted Permit No. 0183.2017.PBLD for site lighting at Aspen Valley Ranch to the Community Development Department. The Lighting Plan includes the following: A. Approximately seventy (70) "pathlights" (25" high) along Aspen Valley Ranch Road, East Bourg Trail and West Bourg Trail through Homesteads 2, 3,4 and 5 and the Agricultural Facilities Parcel. B. Five (5) light poles (13' high) at the intersections of Aspen Valley Ranch Road and the driveway to Homestead I, Aspen Valley Ranch Road and West Bourg Trail (lower and upper), Aspen Valley Ranch Road and East Bourg Trail, and East Bourg Trail and East Pasture Lane. 2. The parcels are legally described as Homesteads 2, 3, 4 and 5, and the Agricultural Facilities Parcel, Aspen Valley Ranch Subdivision Exemption. 3. The parcels are zoned RS -20, and were created via the State's 35 acre subdivision exemption. 4. The BOCC granted approvals for the development of nine residential parcels and a common agricultural parcel at Aspen Valley Ranch, pursuant to Resolution Nos. 112-2005, 081-2008, and 069-2014. Single family residences have been constructed on Homesteads 1, 2, 3, 4 and 5; and a residence is under construction on Homestead 8. An agricultural equipment building and a hay storage building have been constructed on Homestead 1. A horse barn, pool and pool house, and the Ranch House (common facility) have been built on the Agricultural Facilities Parcel. The Agricultural Facilities Parcel also includes the historic Bourg Homestead cabin, barn and potato cellar. 5. The Community Development Department rejected the permit, based on inconsistency with Sections 1-60-70(h), 1-60-180(k) and 7-20-140 of the Land Use Code ("Code"). 6. The Appellant appealed the denial to the BOCC, pursuant to Sec. 2-20-180 of the Code. At a hearing on December 20, 2017, the BOCC found that the Community Development Department made a clear and demonstrable error by failing to make adequate factual findings in the application of the facts in the record to the standards of the Land Use Code, and remanded the matter to the Community Development Department for a determination within 100 days. 7. The Community Development Director ("Director") has reconsidered the Permit and the additional information presented at the appeal hearing on remand from the BOCC. 8. The Director finds that four (4) of the light poles comply with Sec. 7-20-140(d), which allows for lights of up to 20-25' high with an intensity of 0.5-1.0 foot-candles at "Vehicular Intersections." Vehicular Administrative Decision No. L-2018 Page 2 intersections are where two roads meet. The four road intersections where light poles may be permitted are: Aspen Valley Ranch Road and West Bourg Trail (lower and upper), Aspen Valley Ranch Road and East Bourg Trail, and East Bourg Trail and East Pasture Lane. The fixtures comply with Sec. 7-20- 140(b) as the bulbs are not directly visible from adjacent and neighboring property or public rights-of-- way. The fixtures comply with Sec. 7-20-140(c) as the light level at the property line(s) is no greater than one-half (1/2) of a foot-candle. 9. The Director further finds that the light pole at the intersection of Aspen Valley Ranch Road and the driveway to Homestead 1 does not comply with Sec. 7-20-140(d), since it is an intersection of a driveway to a road and is not considered a "vehicular intersection." 10. The Director further finds the proposed "pathlights" along Aspen Valley Ranch Road, East Bourg Trail and West Bourg Trail do not comply with Sec. 7-20-140(d). The roads serve six (6) existing residences, one (1) residence under construction, and three (3) additional parcels where residences will be constructed; agricultural buildings and activities on multiple parcels; and common facilities for the residents (Ranch House, Pool House, Horse Barn). Given the number of residences and uses, the County considers these to be private roads and not "pedestrian walkways" or "driveways." Therefore, the lights are not permitted under sub -section (d). 11. The Director further finds that even if the roads were considered "driveways," the provision for lights along driveways in sub -section (d) conflicts with sub -section (f), which states that illumination of driveways is prohibited. Sub -section (f) is more restrictive, and, therefore, shall prevail, as provided in Sec. 1-90-10. 12. The Director further finds that the Applicant did not present an argument or evidence in the Permit application regarding any unusual circumstances that would warrant additional "safety lighting," pursuant to Sec. 7-20-140(h). The Applicant simply states that they are seeking "minimal safety lighting" (Davis Horn letter 4/17/17). At the appeal hearing at the BOCC, the Applicant presented additional information and stated that the "purpose of the proposed lighting is to provide a lit pathway of on -demand safety lighting for non -vehicular travel between residences and the family elements." Multiple users of the road (residential, agricultural, pedestrian/bike/horse) and wildlife were cited as safety concerns. The Applicant has not presented a compelling or unusual need for safety lighting in a rural residential development. 13. The Director further finds that Sec. 7-20-140(k) is only applicable to non-residential and/or mixed residential and commercial developments, and is not applicable to residential development. The Applicant erroneously represented at the BOCC appeal hearing that the Code would allow 10' spacing between the proposed "pathlights," while the Applicant is proposing 60' spacing. This Code provision allows a minimum spacing of 25' for fixtures of 4' or less, but this provision is not applicable to residential development. 14. The Director further finds that the proposed lighting is not eligible for an exemption, pursuant to See. 7-20-140(0)(1), Health, Safety and Welfare, which states, "If a lighting plan or fixtures are proposed Administrative Decision No. I LJ -2018 Page 3 that do not meet this Land Use Code but have demonstrable community and/or health, safety and welfare benefits, an exemption may be considered. The Applicant shall submit information to adequately assess the community and/or health, safety and welfare benefits for approval by the Community Development Director." The Applicant has not requested an exemption, as they assert that the lighting plan complies with the Code. The Applicant has not demonstrated a safety concern that warrants an exemption. 15. The Director further finds that the proposed pathlights diminish the rural character of the area and introduce an urban element to a rural residential development, and are not supported by the General Land Use Policies in Sec. 1-60 of the Code, as follows: A. Sec. 1-60-70(h), under "Rural Development' states "It is the policy of the County that development not impede the ability of citizens to view the night sky without the interference of artificial light." B. Sec. 1-60-180(k), Under "Ecological Bill of Rights" states that it is the policy of the County to implement the "right to see the night sky without the interference of unnecessary artificial light from growth, urbanization and highway development." THE DIRECTOR DOES HEREBY DENY Permit No. 0 1 83.2017.PBLD for site lighting at Aspen Valley Ranch. DENIED by the Director, this day oi,J Q� 2018. t� / Cindy Houben, Community Development Director, FAICP PO80-17 PID #264305302002;264305402001;264305402002;264308104001;264305300801 STAFF MEMO MEMORANDUM TO: Board of County Commissioners Regular Meeting — December 20, 2017 THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Assistant Community Development Director RE: Aspen Valley Ranch Appeal of Lighting Permit Denial SUMMARY: The Community Development Department rejected the Applicant's permit for site lighting at Aspen Valley Ranch on September 29, 2017. Permit No. 0183.2017.PBLD and the Community Development Department decision are attached as Exhibits A and B. The Applicant appealed the Community Development Department decision; the notice of appeal is attached as Exhibit D. APPELLANT: AVR AH, LLC REPRESENTATIVE: David Myler LOCATION: Aspen Valley Ranch off of Upper River Road in Woody Creek ZONING: The parcels are zoned RS -20, and were created via the State's 35 acre subdivision exemption. BACKGROUND: The BOCC granted approvals for the development of nine residential parcels and a common agricultural parcel at Aspen Valley Ranch, pursuant to Resolution Nos. 112-2005, 081-2008, and 069-2014. Single family residences have been constructed on Homesteads 2, 3, 4 and 5, pursuant to the approvals. The Agricultural Facilities Parcel includes the historic Bourg Homestead cabin, barn and potato cellar; a horse barn, pool and pool house, and the Ranch House (common facility). PERMIT REQUEST: The Lighting Plan proposed in the Permit is included as Exhibit 2 to the Notice of Appeal. The Lighting Plan is also shown in Attachment 2 to Exhibit 3, which is the 4/27/17 memo from Glenn Horn. The cut sheets for the lighting fixtures shown on the Lighting Plan are also included in Attachment 2. New lighting shown on the Lighting Plan includes the following: Approximately 70 lights (yellow on Lighting Plan; fixture shown on cut sheet LL5) along Aspen Valley Ranch Road, East Bourg Trail and West Bourg Trail through Homesteads 2, 3, 4 and 5 and the Agricultural Facilities Parcel. 4 light poles (pink on Lighting Plan; fixture shown on cut sheet LL6) at the intersections of Aspen Valley Ranch Road and West Bourg Trail (lower and upper), Aspen Valley Ranch Road and East Bourg Trail, and East Bourg Trail and East Pasture Lane. The Lighting Plan also includes previously permitted lighting (blue and green). Approximately 5 of the permitted lights have not been installed, as shown on Exhibit 2. COMMUNITY DEVELOPMENT DECISION: Community Development rejected the permit, "based on inconsistency with Sections 1-60-70(h), 1-60-180(k) and 7-20-140 of the Land Use Code." These Code Sections are attached for reference (Exhibit C). APPEAL PROCEDURE: Sec. 2-20-180(a)(1) of the Land Use Code. ("Code") provides that any applicant for a development permit may appeal a denial of a development application. The Code requires submission of a notice of appeal within 15 working days of the decision. The permit was rejected on September 19, 2017. The notice of appeal was submitted on October 18, 2017, which was less than 15 working days after the date of the decision, so the notice of appeal was timely. APPEAL CRITERIA: Sec. 2-20-180(g) of the Code states, "An appeal is not a de novo consideration of the merits of the development application that gave rise to the appeal. The appeal body... shall only reverse, modify, or remand a decision on appeal if it finds that there has been a clear and demonstrable error, abuse of discretion, or denial or procedural due process in the application of the facts in the record to the standards of the Land Use Code. APPELLANT'S POSITION: The Applicant has appealed the denial pursuant to Section 2-20-180(g) of the Code, stating that the decision was arbitrary and capricious and thus constitutes an abuse of discretion. The Appellant states, "the new safety lighting that has been applied for is specifically authorized by the Code, complies with all relevant provisions of the Code, and does not violate County policies." The Appellant requests that the BOCC reverse the Community Development decision and approve the permit. RECOMMENDATION: Staff recommends that the BOCC deny the Aspen Valley Ranch Appeal, subject to the attached Resolution, based on the finding that the Community Development Department did not make a clear and demonstrable error, abuse their discretion, or deny procedural due process in the application of the facts in the record to the standards of the Land Use Code. EXHIBITS: A. Permit No. 0183.2017.PBLD B. Community Development Decision 9-29-17 Email C. Land Use Code Sections 1-60-70(h), 1-60-180(k) and 7-20-140 D. Applicant's Notice of Appeal RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING AN APPEAL BY AVR AH, LLC OF THE COMMUNITY DEVELOPMENT DEPARTMENT'S DENIAL OF PERMIT NO. 0183.2017.PBLD FOR SITE LIGHTING AT ASPEN VALLEY RANCH Resolution No. -2017 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. AVR AH, LLC ("Appellant") has appealed the Community Development Department's ("Community Development") denial of Permit No. 0183.2017.PBLD for site lighting at Aspen Valley Ranch, to the Board of County Commissioners of Pitkin County, Colorado (`BOCC"), pursuant to Section 2-20- 180(g) of the Land Use Code. The Appellant asserts that the decision was arbitrary and capricious and thus constitutes an abuse of discretion, and requests that the BOCC reverse the Community Development decision and approve the permit. 3. The parcels are legally described as Homesteads 2, 3, 4 and 5, and the Agricultural Facilities Parcel, Aspen Valley Ranch Subdivision Exemption. 4. The parcels are zoned RS -20, and were created via the State's 35 acre subdivision exemption. 5. The BOCC granted approvals for the development of nine residential parcels and a common agricultural parcel at Aspen Valley Ranch, pursuant to Resolution Nos. 112-2005, 081-2008, and 069-2014. Single family residences have been constructed on Homesteads 2, 3, 4 and 5, pursuant to the approvals. The Agricultural Facilities Parcel includes the historic Bourg Homestead cabin, barn and potato cellar; a horse barn, pool and pool house, and the Ranch House (common facility). 6. The Lighting Plan proposed in Permit No. 0183.2017.PBLD includes the following: A. Approximately 70 lights along Aspen Valley Ranch Road, East Bourg Trail and West Bourg Trail through Homesteads 2, 3, 4 and 5 and the Agricultural Facilities Parcel. B. 4 light poles at the intersections of Aspen Valley Ranch Road and West Bourg Trail (lower and upper), Aspen Valley Ranch Road and East Bourg Trail, and East Bourg Trail and East Pasture Lane. 7. Community Development rejected the permit, based on inconsistency with Sections 1-60-70(h), 1-60- 180(k) and 7-20-140 of the Land Use Code. 8. The Appellant submitted a notice of appeal within 15 working days of the decision, as required by Sec. 2-20-180 of the Code. 9. The BOCC heard this appeal at a regular meeting on December 6, 2017, at which time evidence and testimony were presented with respect to the appeal based on the record. Resolution No. -2017 Page 2 10. The BOCC finds that Community Development did not make a clear and demonstrable error, abuse their discretion, or deny procedural due process in the application of the facts in the record to the standards of the Land Use Code. 11. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Appeal of AVR AH, LLC of Community Development's denial of Permit No. 0183.2017.PBLD for site lighting at Aspen Valley Ranch, and authorizes the Chair to sign on behalf of the County. Resolution No. -2017 Page 3 APPROVED ON THE 6TH DAY OF DECEMBER, 2017. ATTEST: Jeanette Jones Deputy County Clerk BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO George Newman, Chair Date: APPROVED AS TO CONTENT: John Ely, Cindy Houben, County Attorney Community Development Director PID 264305302002;264305402001;264305402002;264308104001;264305300801 Case #P080-17 EXHIBIT C— LAND USE CODE SECTIONS LAND USE POLICY 1-60-70: RURAL DEVELOPMENT When proposing future development outside of Urban Growth Boundaries, the following elements should be considered: (a) Pitkin County seeks to preserve its natural, rural scenery and natural landmarks for the benefit of its residents and the continued viability of its resort economy. (b) Planned unit style development (PUD), designed to integrate siting in harmony with the environment and consistent with land use policies, is encouraged. Such development tends to minimize the cost of governmental and other services, maximize open space, preserve agricultural lands, and minimize automobile congestion and hazardous conditions on public roads and highways. (c) New development should be compatible with and not fundamentally change the character of any neighborhood or area. (d) Pitkin County does not generally support extensions of public utilities such as municipal water and sewer lines outside of the Urban Growth Boundaries (UGBs). (e) New commercial development should be located within established Urban Growth Boundaries unless it is of a scale and capacity deemed to be appropriate within identified boundaries. (f) Transfer of development rights (TDRs) may be appropriate to preserve and protect rural character, open space, scenic features, and environmental resources, and to avoid development in environmentally constrained areas. (g) To the extent possible, the County seeks to protect scenic corridors along highways, county roadways and mountain road systems. (h) It is the policy of the County that development not impede the ability of citizens to view the night sky without the interference of artificial light. LAND USE POLICY 1-60-180: ECOLOGICAL BILL OF RIGHTS (EBOR) As the integrity of our ecosystem is increasingly challenged by human activity, and population growth and the accompanying sprawl are seriously damaging and threatening to destroy the ecological carrying capacity (environmental sustainability) of the region, it is the policy of the County to implement the following rights: (a) The right to breathe clean air and enjoy clear vistas. (b) The right to the preservation of natural riparian areas and wetlands. (c) The right to permanently protected minimum stream flows in rivers and creeks. (d) The right to the preservation and restoration of native wildlife and plant diversity by preservation of sufficient habitat. (e) The right to protection of designated wilderness through management of adjoining land in a way that preserves the integrity of the wilderness areas. (f) The right to a landscape kept free of noxious and invasive weeds. (g) The right of appropriate access to public lands on roads and trails historically open to the public, consistent with the nature and designation of the public lands. (h) The right to dedicated open space protected from urbanization and development. (i) The right to the efficient and renewable use of energy. (j) The right to be free from excessive noise. (k) The right to see the night sky without the interference of unnecessary artificial light from growth, urbanization and highway development. (1) The right to the absolute minimum involuntary exposure to toxic chemicals, radioactive substances and energy forms that are hazardous to health. (m) The right to maintain and not exceed the carrying capacity (sustainability) of the land and water, including protecting water quality. (n) The right to expect government legislation and active enforcement of land use and development regulations consistent with this Ecological Bill of Rights. 7-20-140: LIGHTING (a) Applicability The standards in this Sec. 7-20-140 are applicable to all lighting in Pitkin County. No lighting shall be installed or continued that violates the standards of this section. (b) Bulb Visibility All exterior lighting shall be designed so that the bulb (point light source) is not directly visible from adjacent and neighboring properties or public rights-of-way. This can be accomplished using fixtures that "fully shield" the bulb behind opaque shielding (i.e., the light distribution is primarily down and/or up directed) or which utilize non - transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in the case of fixtures with some sort of translucent lens(es) around the bulb compartment. In the case of opaque shielding, wattage shall be limited to sixty (60) incandescent watts per fixture or twenty-five (25) compact fluorescent watts. (c) Light Trespass Light trespass is defined as the shining of light produced by a light fixture beyond the horizontal boundaries of the property on which it is located and vertically above the property. For all types of uses, light level shall be no greater than one-half (1/2) of a foot-candle at the property line. (d) Maximum Heights and Intensities Maximum heights and intensities of lighting shall conform to the following table. TABLE Area Overhead Feet Intensity in Foot-candles Public Parking Lots 12--15 0--0.5 Pedestrian Walkways and Driveways 4 0.1 --0.5 Vehicular Intersections 20--25 0.5 -- 1.0 (e) Uplighting FIGURE 7-1: SHIELDED LIGHTING FIXTURES (BELOVV) FIGURE 7-2: OPAQUE TRANSLUCENT FIXTURES (BELOIM Source: Figure 7-1: Image 1: Courtesy of Spero Lighting; Image 2: Courtesy of Remcraft Lighting; Image 3: Courtesy of Focus Lighting; Image 4:: Courtesy of Latigo Lighting. Figure 7-2; Image 1: Courtesy of Evergreen Lighting; Image 2: Courtesy of Seascape Lighting; Image 3: Courtesy of Kichler Lighting; Image 4: Courtesy of Troy Lighting Uplighting is only permitted when used as follows: (1) To light a primary entrance, when the lighting fixture is wall -mounted under an architectural element (e.g., roofs over walkways/entries or overhanging, non - translucent eaves) and that this element contains the illumination, and (2) To light flags, when no more than two light fixtures per flag are used, with a maximum of one hundred fifty (150) watts each. The fixture must be shielded such that the point source is not visible outside a fifteen foot (15') radius. (f) Highlighting Illumination of building facades, driveways, and landscaping shall be prohibited. Lighting intended to illuminate the Roaring Fork, Frying Pan and Crystal Rivers or their tributaries shall be prohibited. (g) Floodlighting Floodlighting is only permitted when it is down -directed and controlled by a motion sensor that is triggered by activity within the owner's property lines, and when fully - shielded such that the light source is not visible from adjacent and/or neighboring properties. Ground -mounted floodlighting of a structure is prohibited. (h) Safety and Security Lighting The use of motion sensors, photocells, or photocell/ timers to control duration of nighttime illumination is required for safety and security lighting. In all cases, light intensity shall be limited to between one and two (2) foot-candles. (1) Motion Sensors are the preferred method for controlling nighttime illumination. These are only permitted where the sensor is triggered by activity within the owner's property lines. (2) Photocells are only permitted under the following conditions: (a) At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi -family properties; (b) Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); (c) For residential properties, the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption; and (d) For non-residential properties, HID light sources (high pressure sodium and metal halide) may be used instead of fluorescent lighting. (3) Timer/Photocell Combinations are a preferred method when used for nighttime control at primary points of entrance (e.g., front entries) and may be used with fully shielded lighting fixtures with non -transparent diffusion material. (i) Properties Adjacent to Public Rights of Way In addition to being in compliance with the above sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. Specifically, the following is prohibited: (1) Any light not designed for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle. (2) Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or County government. 0) Mercury Vapor and Low Pressure Sodium Sources These light sources are prohibited. (k) Non -Residential and/or Mixed Residential and Commercial Fixture Heights and Types Fixture heights (as measured from grade to the bottom face of a fixture) shall be ten (10) feet or less in height, or the fixture must be fully shielded ("cutoff'), non- adjustable, and down -directed (or building mounted and directed back at a facade). For the following special use areas, the specified heights shall apply: (1) Public Parking Lots Lights shall be between twelve (12) feet and fifteen (15) feet high. Light intensity shall be between zero (0) and one-half (1/2) foot-candles. (2) Pedestrian Walkways The preferred option is for low-level "bollard" or pipe -mounted fixtures that are fully shielded and down -directed and have a maximum of four (4) feet height and minimum spacing of twenty-five (25) feet. If pole -mounted fixtures are desired, ten (10) feet is the maximum height with a minimum spacing of fifty (50) feet. Pole -mounted fixtures above six (6) feet in height must be fully shielded, non-adjustable, and down -directed. Lighting intensity shall be between one tenth (0.1) foot-candle and one half (1/2) foot-candle. (3) Vehicular Intersections Fixtures heights shall be between twenty (20) feet and twenty-five (25) feet in height. Lighting shall be between one-half (1/2) and one (1) foot-candle. (4) High -Activity Pedestrian Areas Lighting shall be between ten (10) feet and twelve (12) feet in height. Lighting shall be between one-half (1/2) and one (1) foot-candle. High -activity areas refer to areas where there is a concentration of people, particularly at night. (5) Automobile Service Station Canopies Light fixtures mounted on Automobile Service Station canopies and other canopies shall be recessed so that the lens cover is flush with the bottom surface of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to eighty-five (85) degrees or less from horizontal. Lights shall not be mounted on the top or sides (fascias) of the canopy. Signing that is in compliance with sign regulations may be placed on these surfaces. (1) Signage FIGURE 7-3: FULLY -SHIELDED, "CUTOFF" LIGHT DISTRIBUTION AND "CUTOFF" POLE FIXTURE (BELOK9 FIGURE 7-4: FULLY -SHIELDED, DECORATIVE FIXTURE WHERE BULB IS CONCEALED IN TOP OF FIXTURE (BELOM Source: Figure 7-3: Kim Lighting; Figure 7-4: Architectural Area Lighting The following shall apply to sign illumination: (1) Internally -illuminated signs are prohibited. (2) Sign lighting shall be down -directed and shielded from neighboring property and the vision of passing motorists (see subsection (k) above). (3) Total wattage shall not exceed seventy-five (75) watts for incandescent light sources and thirty-two (32) watts for fluorescent sources. (m) Linear Architectural Highlighting Linear lighting (including neon, fluorescent, rope -lighting, low -voltage strip - lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. (n) Blinking Lights Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. (o) Exemptions The following types of lighting installations shall be exempt from the provisions, requirements and review standards of this section. (1) Health, Safety and Welfare If a lighting plan or fixtures are proposed that do not meet this Land Use Code but have demonstrable community and/or health, safety and welfare benefits, an exemption may be considered. The applicant shall submit information to adequately assess the community and/or health, safety and welfare benefits for approval by the Community Development Director. (2) Holiday/Winter Lighting (a) Residential Winter holiday lighting, including but not limited to lighting in outdoor trees, shall be illuminated only between November 15 and January 30. (b) Commercial Winter holiday lighting shall be illuminated only between November 15 and March 30. (c) Redstone Boulevard Residential and commercial winter holiday lighting shall be illuminated only between November 15 and March 30, or as determined by the Redstone Community Association. (d) General Standards All other lighting associated with any national, local or religious holiday or celebration may be illuminated two weeks prior to the holiday and extinguished within two days after the holiday. The light intensity of all holiday lighting shall not exceed one-half (1/2) of a foot candle at the property line. (3) Approved Historic Lighting Fixtures Nonconforming lighting fixtures that are consistent with the character of the historic structure may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure and shall not exceed fifty (50) watts. (4) Lighting for Temporary Commercial Use/Special Events Requests for exemptions for lighting associated with temporary commercial uses and/or special events may be applied for under the Temporary Commercial Uses/Special Events procedures in this Land Use Code. (p) Lighting Plan Where property is located within a Scenic View Protection Area, the Community Development Department may require submittal and approval of a lighting plan either as part of the Site Plan or as a requirement of building permit submittal. THE MYLER LAW FIRM, P.C. DAVID J. MYLER a division of BALCOMB & GREEN, P.C. CHER VINCENT, Paralegal 211 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 October 18, 2017 TELEPHONE (970)927-0456 FACSIMILE (970)927-0374 EMAILS dmyler@mylerlawpc.com cvincent@mylerlawpc.com Pitkin County Commissioners Via email k charlotte. andersonk]2itkincount. 123 Emma Road, Suite 106 Basalt, CO 81621 RE: Aspen Valley Ranch — Notice of Appeal Ladies and Gentlemen: In accordance with the provisions of Section 2-20-180 of the Pitkin County Code (the "Code"), AVR AH, LLC ("AVR"), as the owner of Aspen Valley Ranch, respectfully appeals the decision of the Pitkin County Community Development Department ("ComDev") on September 29, 2017 rejecting an application for a building permit which, if issued, would allow for the installation of outdoor lighting at Aspen Valley Ranch. ComDev determined that the Lighting Plan as described in AVR's application violated County policies set forth in Sections 1-60-70(h) and 1-60-80(k) of the Code relating to night sky protection, as well as Section 7-20-140 of the Code which provides specific standards applicable to outdoor lighting. ComDev also determined that a 2015 building permit for outdoor lighting at AVR had expired.' The determination of ComDev to reject the new permit application for outdoor lighting is attached as Exhibit 1. That determination is arbitrary and capricious, constituting an abuse of discretion, and mistakenly applies the standards in Section 7-20-140 of the Code to the lighting that has been proposed, constituting a clear and demonstrable error. In fact, the rejection fails to provide any reasons or explanation for ComDev' S determination that the proposed lighting violates County I On April 22, 2015, the Building Department issued a permit (the "2015 Permit") which approved specific outdoor lighting at Aspen Valley Ranch (Permit No. 0015.2015.PRBU). In February of 2017, AVR sought to expand the number and location of light fixtures, including intersection lighting, and proposed to install timers on the new fixtures limiting the duration that lights would be on to 20 minutes. At ComDev's request, AVR submitted an application for a change order to the 2015 Permit as well as an application for a new permit for the additional lighting. The lighting described in the request for a change order and the request for a new permit is identical. THE MYLER LAW FIRM, P.C. AVR Lighting October 18, 2017 Page 2 policies and standards. The rejection is nothing more than a self-serving conclusion with no supporting analysis or rationale. In support of its appeal, AVR offers the following: A. Background. On April 22, 2015, the Building Department, with a sign -off from ComDev, issued the 2015 Permit authorizing outdoor lighting at Aspen Valley Ranch. The lighting shown in blue and green on the attached Lighting Plan (Exhibit 2) was approved and subsequently installed pursuant to that Permit. In granting the 2015 Permit, ComDev determined that the proposed lighting satisfied applicable County policies and standards relating to pathway and driveway lighting. Although there was at least one inspection of the lighting that had been installed, ComDev advised AVR that it should wait until the project was complete to call for a final inspection. In October of 2016, AVR representatives met with ComDev to discuss the installation of additional lighting along the main road and intersections either by requesting a change order to the 2015 permit or filing a new permit application for review. In January of 2017, AVR representatives and ComDev staff viewed a mock-up of the proposed lighting as seen from Highway 82 and nearby properties. The new light fixtures being proposed were virtually identical to the ones that had been previously approved. In response to an email from Joanna Schaffner dated March 9, 2017 addressing compliance of the additional lighting with County policies and standards, a request for a change order and an application for a new permit (0183.2017.PBLD) were filed on April 27, 2017 The new permit is referred to as the "2017 Permit". After five months of delay, ComDev rejected the application for the 2017 Permit and, by its determination that the 2015 Permit had expired, effectively rejected AVR's request for a change order to that Permit. B. Interaction of Policies and Standards. The following policies relate to outdoor lighting: Section 1-60-70(h) — It is the policy of the County that development not impede the ability of citizens to view the night sky without interference of artificial light. Section 1-60-180(k) — It is the policy of the County to implement the right to see the night sky without interference of unnecessary artificial light from growth, urbanization and highway development. According to Section 1-60 of the Code, the above -referenced policies "serve as basic guidelines for the formulation of regulations contained in the Land Use Code and the review of development applications. Where there is a conflict between a policy and an adopted standard, the standard shall supersede the policX' (emphasis added). In essence, compliance with standards results in compliance with the policies. THE MYLER LAW FIRM, P.C. AVR Lighting October 18, 2017 Page 3 C. The AVR lighting plan complies with all applicable standards. AVR's analysis of the Lighting Plan's compliance with the standards in Section 7-20-140 is set forth in detail in Glenn Horn's letter of April 27th, a copy of which is attached hereto as Exhibit 3. As Glenn points out, there are no provisions in the Code which prohibit lighting of driveways, streets or roads. The lighting as shown in yellow on the Lighting Plan which was submitted with Glenn's letter consists entirely of safety lighting which is specifically allowed pursuant to Section 7-20-140(h), provided that such lighting also complies with standards relating to height, intensity, bulb visibility, light trespass and duration of nighttime illumination. All of the proposed lights comply with those requirements and all of the other provisions of Section 7-20-140 which are applicable. Section 7-20-140(0) of the Code prohibits "highlighting". The lighting proposed in the Lighting Plan is not designed to highlight the driveways and roads in question. Highlighting constitutes an artistic approach to the use of lighting in order to showcase physical features like a building facade, landscaping or a unique driveway design. In this case, there is no intent or desire to highlight the driveways and roads. Rather, the intent is to provide safety lighting for the benefit of residents and guests, including children, who will be walking on the driveways and roads at night. The proposed outdoor lighting will not adversely affect anyone's enjoyment of the night sky. In addition to being blocked by vegetation, topography and buildings, the proposed lights are too small and the intensity is too low to have any significant visual impacts as viewed from Highway 82 or any adjacent residential properties. In addition, the lights as shown in yellow on the Lighting Plan will be on timers that will cause those lights to automatically turn off after twenty minutes thereby substantially reducing any potential for negative impacts on the enjoyment of the night sky by passers-by or neighbors. There is no legitimate basis to deny AVR's application for a permit to install the safety lighting as proposed, particularly since the new lighting is virtually identical to lighting that was previously found to be in compliance with County policies and standards. D. The 2015 Permit Has Not Expired. We do not believe that the 2015 Permit has expired due to the lack of inspections. Please see an email from Brian Pawl attached hereto as Exhibit 4 which confirms that the lighting installed pursuant to that Permit was inspected and that the Permit has not expired. Furthermore, AVR called for inspections of the lighting approved by the 2015 Permit as it was being installed only to be advised that such inspections were not necessary until all work was completed, including work that may have been permitted by change order or a new permit. l'HE MYLER LAW FIRM, P.C. AVR Lighting October 1 S, 2017 Page 4 E. Conclusion. ComDev's decision to reject the application for the 2017 Permit is not supported by any analysis or rationale which applies the applicable County policies and standards to the facts of this case. Such a determination is, by law, arbitrary and capricious and thus constitutes an abuse of discretion. Furthermore, as we have demonstrated, the new safety lighting that has been applied for is specifically authorized by the Code, complies with all relevant provisions of the Code, and does not violate County policies. Accordingly, the decision of ComDev should be reversed. We request that the BOCC exercise its authority to approve the 2017 Permit or the request change order to the 2015 Permit thereby authorizing the installation of the lighting as described in the Lighting Plan. Very truly yours, THE MYLER LAW FIRM, P.C. By: David J. Myl DJM/cv cc: Brooke Peterson (via email) Glenn Horn (via email) Tom Newland (via email) Brian Wells (via email) Enclosures: Exhibit 1: Suzanne Wolff Email Exhibit 2: Lighting Plan Exhibit 3: April 27, 2017 Glenn Horn Letter Exhibit 4: Brian Pawl Email Glenn Horn From: Suzanne Wolff <suzanne.wolff@pitkincounty.com> Sent: Friday, September 29, 2017 3:29 PM To: Glenn Horn; Tom Newland Cc: Brian Pawl; Cindy Houben; Richard Neiley Subject: Aspen Valley Ranch Lighting Permits Attachments: Permit 0183.2017.PBLD.pdf; Expired Permit Reap plication.doc Hi Tom. I rejected the attached permit 0183.2017.PBLD for site lighting at Aspen Valley Ranch, based on inconsistency with Sections 1-60-70(h), 1-60-180(k) and 7-20-140 of the Land Use Code. The scope of this permit that has been rejected includes "new fixtures" identified in yellow and pink on Plan Sheet LP1.0.1 dated 04/05/2017 and any "previously approved fixtures" identified in blue and green that have not been installed as of this date. Brian Pawl, Chief Building Official, confirmed that permit 0015.2015.PRBU has expired, since our records indicate that no inspections were scheduled or completed for that permit. He provided the attached document which addresses the process to reapply for a permit for the lighting that has already been installed under that permit, in order to obtain inspections and bring that work to completion. Land Use Code Section 2-20-180 provides for an appeal of an administrative decision, including a development permit. A notice of appeal shall be submitted to Community Development within 15 working days of this decision (by Friday, October 20). Once we receive the notice of appeal, we will schedule an appeal meeting before the Board of County Commissioners. Please let me know if you have any questions. Suzanne Wolff Assistant Director Pitkin County Community Development 130 S. Galena St, 3rd Floor Aspen, CO 81611 970.920-5093 GENERAL NOTES: - ALL LIGHTING LOCATIONS TO BE RED -FLAGGED ON SITE WITH DESIGN TEAM PRIOR TO ROUGH -IN - SEE CONTROL INTENT FOR ADDITIONAL INFORMATION (INCLUDED IN SPECIFICATIONS) - ALL LL5 FIXTURES TO BE CONTROLLED AS -NEEDED, WITH 20 MINUTE TIMER SHUTOFF. - ALL LL6 FIXTURES TO BE SET TO DAILY TIMER ON CONTROL SYSTEM. ARCHITECTURAL LIGHTING FIXTURE SCHEDULE SYMBOL FIXTURE TYPE MANUFACTURER MODEL DESCRIPTION LL2 AURORALIGHT LPL8 SERIES 1 AURORALIGHT LPL8-29D-1/2-F-BLPXTR Led Pathlight, 2900K, dimmable, 1/2" male thread mount, frosted lens, extra dark bronze patina finish. LL4 AURORALIGHT LSW8 SERIES i 1 AURORALIGHT LSW8-BR-29D-B-S-BLPXTR LED Steplight, 2900k, Dimmable, Extra Dark Bronze Finish AV• LL5 AURORALIGHT HPL10 SERIES • N 1 AURORALIGHT HPL10-5-30D-180-ID-1/2-BLP-XD Led Pathlight, 3000K, dimmable, 1/2" male thread mount, 180 degree shield, frosted lens, extra dark bronze patina finish. • �• LL6 LOUIS POULSEN LPNEST SERIES • • 1 LOUIS POULSEN LP NEST 56W LED/3000K 120-277v NAT PAINT LED light pole. Graphite Grey, T -RSA -4.5", Dimmable ALU T -RSA -4.5 DIM • • HOMESTEAD 7 N • N .0P _ • Y HOMESTEAD 4 ♦% ' w • HOMESTEAD 3 • • • • • • HOMESTEAD 5 1 SITE LIGHTING PLAN P1.0.1 SCALE: 1" = 300' LOT 9 HOMES7EAD 9 LOT 8 LOT 7 LOT V 35.40 Acre LOT V1 35.76 Acres LOT Vl J6.14 LOT 6 O LU��Qf Q > J W O LU LU � > U O ISSUE/REVISIONS INFRASTRUCTURE PRICING SET 2014.07.09 PRICING SET 2014.09.02 PERMIT SET 2015.02.05 PERMIT SET REVISION 2015.03.12 CONSTRUCTION DOCUMENTS 2015.04.07 CD REVISION 1 2015.04.22 CD REVISION 2 2015.04.27 CD REVISION 3 2015.06.25 PERMIT SET REVISION 2 2015.10.22 PERMIT CHANGE ORDER 2017.04.05 O Cn N O O O M M 1 O IQ U LC) i M O O C co O 0 O N O N C Cl) E 0 U O d N X O U f6 N O 00 O com co C6 U > M 0 M O (a C N I =3 rn U O E N O © THIS DRAWING IS THE PROPERTY OF LACROUX STREEB, INC. ALL WRITTEN AND DRAWN INFORMATION APPEARING HEREIN SHALL NOT BE DUPLICATED, DISCLOSED, OR OTHERWISE USED WITHOUT THE WRITTEN CONSENT OF LACROUX STREEB, INC. SHEET TITLE SITE LIGHTING PLAN & FIXTURE SCHEDULE SHEET NUMBER LP1 0001 isMoinc- Davrn..� PLANNING & REAL ESTATE CONSULTING April 27, 2017 Suzanne Wolf AICP Joanna Schaffner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Valley Ranch Lighting: Change Order to Permit # 0015.2015 Dear Suzanne & Joanna: AVR AH LLC is represented by Davis Horn Incorporated in this matter regarding Permit # 0015.2015 which was issued to Kaegebein Fine Homebuilding LLC for Aspen Valley Ranch ("Applicant"). The Applicant is submitting a change order to Permit # 0015.2015 (Attachment 1) with this letter which addresses Section 7-20-40 of the Land Use Code, Lighting. The Applicant seeks approval for the attached Site Lighting Plan & Fixture Schedule ("the Lighting Plan') prepared by Lacroux Streeb Incorporated (Attachment 2). As noted on the Plan "all LL5 fixtures will be controlled as -needed with 20 minute time shutoff' and all LL6 fixtures to be set to daily timer on control system. The Plan has been changed so that there is no reliance upon dimmers to comply with County standards. All lighting fixtures and lighting intensity complies with Section 7-20-40. On March 9, 2017 Joanna sent an email to Elise Streeb finding the proposed lighting plan to be inconsistent with the following Code sections. 1. Section 1-60-70 (h) regarding protection of night sky outside of the UGB; 2, Section 1-60-180(k) regarding protection of our night sky as a right from the Ecological Bill of Rights; and 3. Section 7-20-140, which prohibits lighting of residential streets, Sections 1-60-70 (h) and 1-60-180 (k) are land use policies and there use is limited to guiding the County to develop standards consistent with policies, Section 7-20-140 is the Code section to be used to review the AVR Lighting Plan. This letter demonstrates compliance of the AVR Lighting Plan with the standards in Section 7-20-140. Section 7-20-140 does not prohibit lighting of residential streets. Background Aspen Valley Ranch (AVR) is subject to compliance with the Development Agreement - for Aspen Valley Ranch ("Agreement") which establishes Board of County Commissioners Resolution No. 112-2005 ("Final Approval Resolution") and the Subdivision Exemption Plat as the "Site Specific Development Plan" with vested property rights embodied in the Final ALICE DAVIS AICP s GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 * ASPEN, COLORADO 91611 ° 970/925-6587 ^ FAX: 970/925-5180 adavis@rof.net ghornOrof.net Approval Resolution and Exemption Plat until October 12, 2020 (see Attachment 3, Agreement and Attachment 4 Final Approval Resolution), The Agreement states: "Notwithstanding any other provision of this Agreement, no provision hereof shall be construed to exempt Developer or any future owner or owns of Aspen Valley Rach from the requirements of the Final Approval Resolution, building permits or other necessary approvals which become applicable subsequent to the approval of the Development Agreement." The following conditions in the Final Approval Resolution are applicable to the Lighting Pian. Condition # 9 "Prior to submission of any building permits for residences on any of Parcels 1-7 and 9 and a replacement residence on Parcel 8, the Applicant shall obtain an Access Permit to improve Aspen Valley Ranch Road to the "Country Access" standard specified in the Asset Management Plan from the intersection with Upper River Road to the driveway to Parcel 4. The permit shall be reviewed and approved by the County Engineer and the Fire Marshal." Condition # 10 "Prior to issuance of building permits for residences on Parcels 5, 8 and 9, the Applicant shall obtain an Access Permit to improve the applicable driveways from Aspen Valley Ranch Road to the driveways to the building envelopes on those parcels to the "driveway" standard in the Asset Management Plan, but with a minimum of 16' wide driving surface. The permit shall be reviewed and approved by the County Engineer and the Fire Marshal." Condition # 17 "Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. Exterior lighting is prohibited on any facades that face Highway 82 except where necessary to comply with health and safety requirements." Matt Webster's April 14, 2017 attached letter and accompanying Road Standards Exhibit document the following (Attachments 5 and 6): • The road from Upper River Road to Homestead 4 meets or exceeds the design standards for Country Access, as required. • The road from Homestead 4 to Homestead 8 was built to Country Access standards, which exceed the driveway standards that were required in the Resolution. The same applies for the road to Homestead 5, 6 and 7. • Although not addressed in the Final Approval Resolution, the access road to the historic bam meets at least the driveway standard in all but a few areas where existing constraints limited width, Lighting Standards Section 7-20-140 Section 7-20-140 of the Code, Lighting, is divided into 16 subsections listed below. (a) Applicability (b) Bulb Visibility (c) Light Tresspass (d) Maximum Heights and Intensities (e) Uplighting (f) Highlighting (g) Floodlighting (h) Safety and Security Lighting (i) Properties Adjacent to Public Rights of Way 0) Mercury Vapor Low Pressure Sodium Sources (k) Non -Residential and/or Mixed Residential and Commercial Fixture Heights and Types (1) Signage (m)Linear Architectural Highlighting (n) Blinking Lights (o) Exemptions (p) Lighting Plan This section demonstrates compliance of the Applicant's Lighting Plan with the Code standards for each of the categories cited above. The code standards appear in bold followed by the Applicant's responses. (a) Applicability The standards in this Sec. 7-20-140 are applicable to all lighting in Pitkin County. No lighting shall be installed or continued that violates the standards of this section. The Lighting Plan complies with the standards of Section 7-20-140 as demonstrated below. (b) Bulb Visibility All exterior lighting shall be designed so that the bulb (point light source) is not directly visible from adjacent and neighboring properties or public rights-of-way. This can be accomplished using fixtures that "fully shield11 the bulb behind opaque shielding (i.e., the light distribution is primarily down and/or up directed) or which utilize non -transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in the case of fixtures with some sort of translucent lens(es) around the bulb compartment. In the case of opaque shielding, wattage shall be limited to sixty (60) incandescent watts per fixture or twenty-five (25) compact fluorescent watts. The light sources and fixtures in the Lighting Plan comply with the preceding standard regarding bulb visibility. (c) Light Trespass Light trespass is defined as the shining of light produced by a light fixture beyond the horizontal boundaries of the property on which it is located and vertically above the property. For all types of uses, light level shall be no greater than one-half (112) of a foot- candle at the property line. The shining light produced by the proposed light fixtures is not greater than one-half (112) of a foot-candle at the property line. (d) Maximum Height and Intensities Maximum Height and intensities shall conform to the following Table. Table 7-2 Maximum Lighting Heights & Intensities Area Overhead Feet Intensity in Foot -Candles Public Parking Lots 12-15 0-0.5 Pedestrian Walkways & Driveways 4 0,1-0.5 Vehicular Intersections 20-25 0.5-1 The Lighting Plan complies with the lighting Height and Intensities in Table 7-2. (e) Uplighting This section of the Code reference two figures depicting shielded lighting fixtures and opaque translucent fixtures which appear as Attachment 7. Uplighting is only permitted when used as follows: (1) To light entrance when the lighting fixture is wall mounted under an architectural element (e.g. roofs over walkways/entries or overhanging, non -translucent eaves) and this this element contains the illumination, and (2) To light flags when no more than two light fixtures per flag are used, with maximum of one hundred fifty watts each. The fixture must be shielded such that the point source is not visible a fifteen foot 15' radius. The Lighting Plan does not propose any Uplighting: (f) Highlighting Illumination of building facades, driveways, and landscaping shall be prohibited. bighting intended to illuminate the Roaring Fork, Frying Pan and Crystal Rivers or their tributaries shall be prohibited. The Lighting Plan does not propose any illumination of building facades, nor does the Lighting Plan propose "high ligh tin g"any driveways or landscaping (emphasis added). As noted in the Background section and Attachment 5 as well as depicted by Attachment 6 the road from Upper River Road to Homestead 4 is a road which meets the Country Access standard of the Pitkin County Asset Management Plan consistent with the Final Approval Resolution condition # 9. Therefore, this standard which is intended for "building facades, driveways and landscaping is not applicable to the road from Upper River Road to Homestead 4. Regardless of whether the road from Upper River Road is a driveway or a Country Access road, "highlighting" is not proposed in the Lighting Plan. This "highlighting" standard does apply to the driveway from Homestead 4 to Homestead 8 even though this driveway was also built to comply with Country Access standards. The Final Approval Resolution did not require the road to be built to a standard which exceeds the driveway standards of the Asset Management Plan. Similarly, this "highlighting" standard applies to the access road to the historic bam. Once again the Lighting Plan complies with this standard because "highlighting" of the driveway from Homestead 4 to 8 and the access road to the historic barn is not proposed in the Lighting Plan. (g) Floodlighting Floodlighting is only permitted when it is down -directed and controlled by a motion sensor that is triggered by activity within the owner's property lines, and when fully -shielded such that the light source is not visible from adjacent and/or neighboring properties. Ground - mounted floodlighting of a structure is prohibited. The Lighting Plan does not propose any floodlighting. (h) Safety and Security bighting The use of motion sensors, photocells, or photocell/ timers to control duration of nighttime illumination is required for safety and security lighting. In all cases, light intensity $ball be limited to between one and two (2) foot-candles. (1) Motion Sensors are the preferred method for controlling nighttime illumination. These are only permitted where the sensor is triggered by activity within the owner's property lines. The Applicant is seeking minimal safety lighting along the roads and driveways which link the residences to the Ranch House, barn and pool house. As previously noted in this letter and indicated on the Lighting Plan under General Notes, "all LL5 fixtures will be controlled as - needed with 20 minute time shutoff' and all LL6 fixtures to be set to daily timer on control system." The Lighting Plan complies with this standard. (2) Photocells are only permitted under the following conditions: (a) At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi -family properties; (b) Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright), (c) For residential properties, the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption; and (d) For non-residential properties, HID light sources (high pressure sodium and metal halide) may be used instead of fluorescent lighting. (3) Timer/Photocell Combinations are a preferred method when used for nighttime control at primary points of entrance (e.g., front entries) and may be used with fully shielded lighting fixtures with non -transparent diffusion material. Photocells are not proposed on the Lighting Plan. The Lighting Plan complies with this standard. (i) Properties Adjacent to Public Rights of Way In addition to being in compliance with the above sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. Specifically, the following is prohibited: (1) Any light not designed for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle. (2) Any light that may be confused with or construed as a traffic control device except.as authorized by State, Federal, or County government. The Lighting Plan does not propose any exterior lighting that could interfere with the safe movement of motor vehicles on public thoroughfares. The Lighting Plan complies with this standard. (j) Mercury Vapor and Low Pressure Sodium Sources These light sources are prohibited. The Applicant is not proposing any mercury vapor and low pressure sodium sources. The Lighting Plan complies with this standard. (k) Pion -Residential and/or Mixed Residential and Commercial Fixture Heights and Types Fixture heights (as measured from grade to the bottom face of a fixture) shall be ten (10) feet or less in height, or the fixture must be fully shielded ("cutoff"), non-adjustable, and down -directed (or building mounted and directed back at a facade). For the following special use areas, the specified heights -shall apply. Aspen Valley Ranch is not a non-residential and/or mixed residential and commercial land use development therefore it can be concluded that this standard does not apply to AVR. if the County determines that this standard applies then the Lighting Plan still complies with the standards below as explained below. (1) Public Parking Lots Lights shall be between twelve (12) feet and fifteen (15) feet high. Light intensity shall be between zero (0) and one-half (112) foot-candles. There are not any public parking lots in AVR. (2) Pedestrian Walkways The preferred option is for low-level "bollard" or pipe -mounted fixtures that are fully shielded and down -directed and have a maximum of four (4) feet height and minimum spacing of twenty-five (25) feet. If pole -mounted fixtures are desired, ten (10) feet is the maximum height with a minimum spacing of fifty (50) feet. Pole -mounted fixtures above six (6) feet in height must be fully shielded, non-adjustable, and down -directed. Lighting intensity shall be between one tenth (0.1) foot-candle and one half (112) foot-candle. The Lighting Plan for pedestrian walkways complies with this standard. (3) Vehicular Intersections Fixtures heights shall be between twenty (20) feet and twenty-five (25) feet in height. Lighting shall be between one-half (112) and one (1) foot-candle. The Lighting Plan complies with this standard, (4) High -Activity Pedestrian ,areas Lighting shall be between ten (10) feet and twelve (12) feet in height. Lighting shall be between one-half (112) and one (1) foot-candle. High -activity areas refer to areas where there is a concentration of people, particularly at night. There are not any "high -activity pedestrian areas" at AVR, If the County determines there are any "high -activity activity pedestrian areas" at AVR then the Lighting Plan complies with this standard. FIGURE 7-3: FULLY -SHIELDED, "CUTOFF" LIGHT DISTRIBUTION AND "CUTOFF" POLE FIXTURE (BELOW) FIGURE 7-4: FULLY -SHIELDED, DECORATIVE FIXTURE WHERE BULB IS CONCEALED IN TOP OF FIXTURE (BELOW) Source: Figure 7-3: Kim Lighting: Figure 7.4: Architectural Area Lighting (5) Automobile Service Station Canopies Light fixtures mounted on Automobile Service }Station canopies :incl other canopies shall be recessed so that the tens cover is flush with the bottom surface of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to eigho,-live (85) degrees or less from horizontal, Lights shall not be amounted on the top or sides (fascias) of the canopy. Signing that is in compliance with sign regulations may be placed on these surfaces. ".Phis standard is not applicable to AVRt (1) Signage The following shall .apply to sign illumination: (1) [ntea-n;ally-illuiaiiaaatecl signs aa -e prohibited. (2) Sign lighting shall be clown-direeted and ,shielded from neighboring property and the vision of passing motorists (see subsection (lc) above). (3) Total wattage shall not exceed seventy-five (75) watts for incandescent light sources and thirty-two (32) watts for fluorescent sources. The Lighting Plan does not propose any sign lighting, If sign lighting is ever proposed it will comply with this standard, (m) Linear Architectural Highlighting Linear lighting (including neon, fluorescent, rope -lighting, low -voltage strip -lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. Linear architectural highlighting is not proposed at AVR. The Lighting Pian complies with this standard, (n) Blinking Lights Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. Blinking lights are not proposed at AVR. The Lighting Plan complies with this standard. (o) Exemptions The following types of lighting installations shall be exempt from the provisions, requirements and review standards of this section. (1) Health, Safety and Welfare 1f a lighting plan or fixtures are proposed that do not meet this Land Use Code but have demonstrable community and/or health, safety and welfare benefits, an exemption may be considered. The applicant shall submit information to adequately assess the community and/or health, safety and welfare benefits for approval by the Community Development Director. (2) Holiday/Winter Lighting (a) Residential Winter holiday lighting, including but not limited to lighting in outdoor trees, shall be illuminated only between November 15 and ,January 30. (b) Commercial Winter holiday lighting shall be illuminated only between November 15 and March 30. (c) Redstone Boulevard Residential and commercial winter holiday lighting shall be illuminated only between November 15 and March 30, or as determined by the Redstone Community Association. (d) General Standards All other lighting associated with any national, local or religious holiday or celebration may be illuminated two weeks prior to the holiday and extinguished within two days after the holiday. The light intensity of all holiday lighting shall not exceed one-half (112) of a foot candle at the property line. (3) Approved Historic Lighting Fixtures Nonconforming lighting fixtures that are consistent with the character of the historic structure may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure and shall not exceed fifty (50) watts. (4) Lighting for Temporary Commercial Use/Special Events Requests for exemptions for lighting associated with temporary commercial uses and/or special events may be applied for under the Temporary Commercial Uses/Special Events procedures in this Land Use Code, The Applicant is not proposing an exemption from the standards of Section 7-20-140 of the Code, Therefore, this standard is not applicable to AVR. The Lighting Plan complies with this standard, (p) Lighting Plan Where property is located within a Scenic View Protection Area, the Community Development department may require submittal and approval of a lighting plan either as part of the Site Plan or as a requirement of building permit submittal. Aspen Valley Ranch is within the SH 82 and Upper River Road Scenic View Protection areas. As previously noted, Resolution No. 112-2005 included Condition # 17 which read, "Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. Exterior lighting is prohibited on any facades that face Highway 82 except where necessary to comply with health and safety requirements." This letter has demonstrated the compliance of the Lighting Plan with the lighting regulations currently in effect. Summary This letter is being submitted with the Lighting Plan as a change order to Permit # 0015.2015 (Attachment 1). Aspen Valley Ranch is subject to compliance with the Development Agreement - for Aspen Valley Ranch ("Agreement") which establishes Board of County Commissioners Resolution No. 112-2005 ("Final Approval Resolution") and the Subdivision Exemption Plat as the "Site Specific Development PIan" with vested property rights embodied in the Final Approval Resolution and Exemption Plat until October 12, 2020 (see Attachment 3, Agreement and Attachment 4 Final Approval Resolution). This letter has documented that the proposed Lighting Plan complies all the standards in Section 7-20-140 of the Land Use Code as summarized below. 1. The vehicular access way from Upper River Road to Homestead 4 is not a driveway. Board of County Commissioners Resolution No. 112-2005 required this access way to be improved to Country Access Road standards. The Applicant complied with this standard. Section 7-20-140 does not include a standard which prohibits the installation of compliant lighting on a road. 2. The vehicular access ways which links Homestead 4 and the Ranch House to Homestead 8 as well as the access way which links Homesteads 5, 6 and 7 have been improved to Country Access Road standards although Board of County Commissioners Resolution No. 112-2005 only required these access ways to be improved to County driveway standards. As noted above Section 7-20-140 does not include a standard which prohibits compliant lighting of a road. Furthermore, a careful reading of Section 7-20- 140 indicates the Code prohibits "highlighting" along driveways, not lighting driveways with compliant lighting. The proposed driveway lighting complies with Section 7-20- 140 of the Code provided it complies with standards for; (a) bulb visibility, (b) light trespass, (c) maximum heights and intensities, (d) uplighting, (f) floodlighting, (f) safety and security lighting and (i) mercury vapor low pressure sodium sources. 3. The Applicant has modified the previously submitted lighting'plan to indicate that all LL5 -needed fixtures will be controlled as with 20 minute time shutoff' and all LL6 fixtures to be set to daily timer on control system. This brings the Lighting Plan safety and security lights in to compliance with Section 7-20-140 (h) of the Code, 4. Section 7-20-140 of the Code does not prohibit lighting of vehicular intersections. Rather it provides lighting standards to light intersections in a Non -Residential and/or Mixed Residential and Commercial developments. Aspen Valley Ranch is a residential/agricultural development and may install lights at intersections. The lights will comply with the lighting standards to light intersections in a Non -Residential and/or Mixed Residential and Commercial developments for lack of a standard for a residential/agricultural development. 5. Aspen Valley Ranch Aspen Valley Ranch is within the SH 82 and Upper River Road Scenic View Protection areas. Board of County Commissioners Resolution No. 112- 2005 included Condition # 17 which required exterior lighting to comply with the County's lighting regulations in effect at the time of installation. This submission demonstrates compliance with the current regulations in Section 7-20-140. The Applicant has demonstrated compliance of the Aspen Valley Ranch Lighting Plan with the standards of Section 7-20-140 as explained above and requests that you issue the required permits to implement the Lighting Plan. We are available to discuss the Lighting Plan. Sincerely, D V HORN INCORPORATED GLENN HORN AICP List of Attachments 1. Permit # 0015.2015 2. Site Lighting Plan & Fixture Schedule 3, Development Agreement - for Aspen Valley Ranch 4. Board of County Commissioners Resolution No. 112-2005 5. Matt Webster's April 14, 2017 6. Road Standards Exhibit 7. Figures 7-1 and 7-2 from Section 7-20-140 of the Land Use Code . . .................. . . .. ... . ... .... PITKIN COUNTY BUILDING PERPAIT APPLICATION JATTACHMENT W h not C4.-.lmrnc-1 .j wev howg Pat ka 20 Lane� VOCJ� C.N�k, mom u MMM w w Ammon A w0i b xmop-Wat-A rd'viod iv, ii lHel 0 1454v(k a her "et,f oi,v� iwk � rwiLw eolda�l mf--rlf*d t?VN 4--illcallvn pnl t� ir6 3 �," and s.v rf4% .111 0,1 4,10 po,YF? iq 01" lyilo 0 —,_m-�t -vT AVR Ah LL,, 94 Eww nymmv Agm CC; $1811 M10) 925, 1 S -- F0 z M Nw-- FN R-Gp 5, Aspow (N) &Wl W01 9WIN MH Ant", -7 SGM 118 IV 50=1 was M Gwai-sw SpM. CC 8=1_ p7cynom ohs z G 0,051 AM V, Now go kr,;yy fS aTH%R I PIPIK7 lwa;xqffl�cj . w� rQ Cj7] yyp* �r 30 5, 0 %u V 01 V�el Q:� ul Cwrxw�& 014 04e A,YOWYA"S Qp3rate, pormlls Qm eqwv-d fn, wniwtrq ociAif W h not C4.-.lmrnc-1 mom u MMM w w Ammon A w0i b xmop-Wat-A rd'viod iv, ii lHel 0 1454v(k a her "et,f oi,v� iwk � rwiLw eolda�l mf--rlf*d t?VN 4--illcallvn pnl t� ir6 �," and s.v rf4% .111 0,1 4,10 po,YF? iq 01" lyilo 0 —,_m-�t -vT hrt(,flof "ut. 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Sl :ap!w . . . . . .. FH tWMU '.tt�lift ql� r; Co I4 -3F' CZ Atl W,*�fV-t j 1j Wk. rs I chi A ....... .. ... . for P,4fm2,vf, kn?C4, VvTB,1#-"Ag or Air 4rke �,;Azi !f of TvmkWdW, 'Tk"I wplk �A W.xmmd v qblnt4�r-1 f6f doe44 0 llyl 4t."!'y bMt at" we rk I hvOly ratify Uw, a klip m4a 'i+j voft444 IN$ 'l-pT4o`,Qo lmr sd,M b, tQ .1,1"� 1n0 waawwal gmjin4mtwl FNVO cl t4irk t9 -f1 wUlh;, zptOr�*d btf*16 'Ji F10i ,'ht' n airs P�f� fll fk4,1 nm Of of Vll al,?Tofl- tca 04ifti L.61 i.y Wrl-TW',U thlt i4iCVOn� Wflb )P vl tUP'l T, 4k r rw; 4�4- Aj .4 04,.Wl '4A n,s re; All W54.1 Wmimm (I}]]}))) ! j |11/ ƒlg ? . �.......-..-. . . , . � _ � \ ' = \ jam~ wpm ema \qj z S j/e=S{ !). .. „§. Ezy=E ]£d�CL S` \(^{/2:\\ A© $ z /\ ®�{ (I}]]}))) ! j |11/ ƒlg ? ■ �1 1' - �' i't?'-: h-i5� a / ?1 a„p•,� }� � -::�� - 'S`3"a\ j f .� Z '$ r r w zLU^1 LLILuK ry � � f]Kdo, OJN: LIFETIME LIGHT]NO SOLUI!UNS... GUARANTEED L � GAT, a: LPL8 The Corona combines elegance In design with exceptional performance. Recommended spacing ranges from I in to 16, On canter, making this iuinklaho an excebent choice for intimate settings or for illuminating large paved areas. Adding 'frosted lens MA diffuse the light fora softer glow with no shadowing. The Corona is machined from sal€d copper and brass bar with stainless steel hardware making i[ ideal for harsh coastal environments. Shipped complete with a high output LED and Integrated circuitry allowing it to operate on standard 12 volt systems With no additional hardwareneeded. The Corona is manufactured SR the USA exclusively by Auroralight and like ah our estate quality luminaires, is backed by our Lifetime Warranty, a "� as„ 445mm LED Driver: integral, AI IC 0 011n Decoder Uimmkrg: �45°'re /l 6eeo curroni Pmlecuon: I Arnblent Temperature range: .13 to 14OF {-25 to SOC) CMer-Trop Protection: NAT pial:r I Source Gompatlbliity: Eloc#anic or Mal12-Il Rating: 3SUma {.35 Al LEG Life (I-70[: 50,0DO hoar. average Input Voltage: 10 to 15V AG, Sell Regulating Power Factor: >0,90 TypTeal EXAMPLE ORDERING GUIDE• LPL8 € lPLB-a93's:"""" L (LED) PL (PATH LIGHT) E !0" sHnDE SIZEI --- RElI lNO1CAre$ RF4UIRFO F1 LED (SW} MOUNT LENS FINISH [2711NCANI)ESCEN712I00KI [11211R" MALE T1e ll IF] FROSTED [NAT] NATVRAI. [291WARMwil4r[2a00K1 [6161 GROJND STAKE iNCLUUED• [CI CLEAR [DLP[aaeN2 PATINA 14ci NEUTRAL WHITE t4"ell IDN DELUXE STAKE 9" IN11 ERUSHEn NIaKEL FVC [27131 INCANDESCENT R11KI ITIRl TRIDENT SPIKE D- or 12" [29D1 WARM WHITE 12000KI [FIB] POMIR STAKE 120VI12V [4 501 NEUTRAL WHITE 14890Kt IJB3S1 BURIAL jT;oX W l STAKE 'IP3'Dlmmahie [JB3t EURIAL J�Ox NC sTAKE (SM3] 23 314' SURFACE R UNT i{l`��''""?T7 'Q [all 2114 SURFACEMOUNT SY ALSDAVAILAELE IN HALOGEN SEE: VES SSL SPECIFICATIONS: Light Source: Groe MCS, 69 LPW. ni i. LED Driver: integral, AI IC 0 011n Decoder Uimmkrg: TRIAL dimming to 00% Typical'IDI 6eeo curroni Pmlecuon: Surge Suppression wl Auto Resat Arnblent Temperature range: .13 to 14OF {-25 to SOC) CMer-Trop Protection: Tomperalure na,.H.ring wf Aute Dim. Source Gompatlbliity: Eloc#anic or Mal12-Il Rating: 3SUma {.35 Al LEG Life (I-70[: 50,0DO hoar. average Input Voltage: 10 to 15V AG, Sell Regulating Power Factor: >0,90 TypTeal 112 •res Drs In. Ill 3ald 8M3 NM7 CARLSRAD, CA I PHONE 677 9421179 1 FAX 760 931 2916 1 E-MAIL SALES@AURORALIcHT.COMI A URDRALIGHT.GOM In r wnlinukne protivct in,provr,nnnl pr'+9r"l:• nv.,,ralipur,vRe,rne are NOat to medllV peud„v-, sy,:r,iflcalin„e vnlhaut „alificetion.512el 2 Ae,a,ef cI l.ln<. 1-TaFv-s u TYPE: LL2 PARTS: 1 AURORALIGHT LPLB-29D-112-F- BLPXTR Led Pathlight, 2900K, dimmable, 112” male thread mount, frosted lens, extra dark bronze patina finish. NOTES: AVR - SITE (1416 AVR) PAGE 3 OF 20 2017,01,24 ADDITIONAL PATH LIGHTING CUTSHEETS S,as• Fa=eplam til w i s1. g�fa� "BERING GUIDE: LSWR L ILEDI SW (STEPlWALt LlGNTi SIS % 319" .Ep I T/1cArEs RESUMED FlELD FAL'� IS. TheMeridian offers excellent inamination of walkways and steps In a ..all, yet rugged design. The graceful appearance of the oyelid effectively shields against glare, while the small aperture and soft diffusion lens allow excellent €onward projection with SOIL illmnination Side to side. The LED package used in the Meridian Is the very latest technology, delivering breakthrough performance and a €lalogen-iiAe calor temperature. Precise machining Coupled with careful engineering addresses thermal management requirements and ensures high performance and reliability. The Meridian has an integral LED driver that allows if to operate on Standard 12 volt systems with no add!liona€ hardware namled. Installatiml is simplified by the inciusian of a separate solid copper housing that can be pre-installed and fitted with the luminaire cartridge later. (13) Bm ding mounted option is listed for indoorloutdaor walllceiling mount, IC rated, class 2. Aurora light, backed by our Lifetime Warranty; the Mer€d➢an has no equall FACEPLATE LED 0.25W) . MOUNT LOCATION coNDulT ENTRY FkNISN [BrtI BRASS 1271 INCANDESCENT p.) LANDSCAPE; GaNee walls) [R) REAR CONDUIT ENTRY [HATI NATURAL [SS) STAINLESS STEEL 1291 WARM WHITE Strac11,r etc. [9) SME CONDUIT ENTRY' [RLP) BRONZE PATINA (GUI COPPER 1451 NEUTRALWHITE [ j SUlLOINO MOUNTED; Ndnnrl {R•f M) FLUSH MOUNT, REAR CONDUIT ENTRY [SQ-BR.MI)SQUARE 127131 INCANDESCENT Neer. wet lass 2, IC+.,ted, -V. or re9ir,0 mcnnl 18-EMIPLUSHMOUNT, SIDE CONDUIT ENTRY' BRASS NICKEL PVD FIN15H [2401 WARM WHITE FLUSH MOUNT [Sq-8R)SOUARE BRASS [450}NEUTRAL WHITE SD tarepplale Ilvl Carnpallye 'IO)=D3mrsashl! will, "F M" aPlioa SSL SPECIFICA710MS; Light sauna: LED rldwr; Dimming: Over-cunent Prctoction; Ambient Tvmporatun: range: Over -Tamp Protectlan: Sao— CampMfbIIty: -current Rating: LED Hf )LTO): lnpu( Voltage: Power Factor. tree %RE, O4 Typical Integral, Adaptive IC wf Dun. Decoder TRIAC cilmming to 110/ Typical ^p]) Surge Sapp raasion w/ Auto Reset -11 to 140F (-25 to 60c) Temperature moniladng wl Auto Dim. Electrorlle or Magnetic 12.16V 350ma (.35 Amps) 59,000 hours Peerage 10 to 16Y AC, Sell Regulat€119 >O.90 Typicak ♦ fsl Slde E,Kry 9o•5lruµvl Allows Ivr 1.'a" 9,readed c ,ftI l w,l aide of Irv.IN LR -FM] Real Bnhy Slwwn All— lot 1. t!]" coli9vEl out bar.L of honrhly Dnall view ar"FM" Flesh M -al a1Hb,� AW—Adore to 9e1ece . Info etarcvor lila "Nota; [9) and [S-FMI Side Entry Dim. is 4 114"1107.915rnm$ aW. CARLSBAD, CA I PH ONE 11779421179 1 FAX 764 991 2916 1 E-MA€L SALEWURCRA LIGHTCOM I AORDRALIGHT.0 OM „�, Ii,evmrtineing protluct hnproveme,n prag,on.H�,o,allyhl,asurvns the rE93x to mo9ily pravuct apecificatlona vrillwuFnMificalion,rog93S AyrvraligM.lnc. 2-TgeV-a.v TYPE, L L4 PARTS: 1 AURORALIGHT LSW8-BR-29D-B-S- BLPXTR LED Stepligbt, 2900k, Dimmable, Extra Dark Bronze Finish NOTES: AVR - SITE (1416 AVR) PAGE 4 OF 20 2017,01.24 ADDITIONAL PATH LIGHTING CUTSHEETS TYPE 'CAT aHPlOaurorafight -u Th. HPL10 graces the landscape w!lh !t's ragal prnrle and unparal€elan crsftsmmnship. Scaled to suit eTnNtectwe that requires a more substantial Ind .d Wk. Ihis scale is well suited for illuminating grand driveways, walkways. LCD WATTAGE LEO COLOR 'SV52'!,31'rahl EVIS-S)P— 121 x k.kb 12; 2,- }� t2TO] 7 Do lin. -WAW 41U i'!l'Eranlnr:l}�r3 [3t ;3.:N [30R}:,+%!oK I'vM) d' F',nl,— 41—A [b1 ::tJ I5M31 U—,t - Jul . Q-,11rI0 ESM2) 2 IIA" 8„ntw: I1-1 JXJ SP[-,af, L-glh L MOTE: 5- V -N Go dr, optim,s HALOGENIXELOGSN (T4 GTA.35) - [20r z,,w rb"'. I, corm" .moil, p,,j SSW Ha6 q- A,I .,I, 1411., T PH(INl 811 4h:' 3179 I FAX Is. 9:11 till£ i Y:-liAll, SA I. i:S:JJJAUNC)RAi. IGHT (,OM I AURORAUGH T. CDM r V[ by hiaw'�xrmp rvo-.,,c,n,¢,ttn�mrnt V�9rars, fkuwx gh!rvw,�.v.o,il,W is mm,il5 f+rxatr xiwaFcalaxn wi'm,�1,xlfAun:m 6[4,i:,:s,mdsnr inc, i.s1Jt(V--, Irt„e TYPE: LL5 PARTS: 1 AURORALIGHT HPL10-5-30D-180-ID- 112-BLP-XD Led Palhlighl, 3000K, dimmable, 112” male thread mount, 180 degree shield, frosted lens, extra dark bronze patina finish, NOTES: AVR - SITE (1416 AVR) PAGE 5 OF 20 2017.01.24 ADDITIONAL PATH LIGHTING CUTSHEETS and open areas requiring generous light spacing ,- Every HPL Serles path light gives you a choice of a Thermally Integrated ... ..... ie' ..-._._ ,,, Field Sarviceabe LED Module or a HalvgenlXelogen lamp. Using Copper ...... 2'4mm Gore- Tochrorik)gy, Ous HPL LED module is stlecifEGa!lyenginearecE to lransler 17(1 ai slwey fn7n1 lhn €.GD rlsivsf>`cirG7JEi Nild df55ipale !hron[ihn111 tha ihmiml!F4, ...,. ensuring optimal performance, nnlor chis€sien(:y and long life! Features €nc)ude: II• t I InleJrchsngeable LED Module in 215: 3.5 nr 5 Wills LFII 2700 or 1000K (CR! 00 typ, s • Thermally Integrated,- Field Serviceable LED Module TRIAC Dimming to c10% typ. '12 VAC EI®Ceonlo oT klaglleuc Source Compatible ., 83imm Solid Copper and Brass Construction ` jk Patent Pending carsE,wurR�a�3,.,,., E k:� ORDERING GUIDE HPL10I H fn7$RIO! P(PATH LIGHT) 10 {INCHI:S3 LIGHT SOURCE ACGEssORrEs MOUNT PIP0411 1LEn ti: 3'.n3r�.JArv`:eN,aenl m flaul ase 01-tW' H<E!OLiIN"'"' liar) 1.2 WI, Th—'j [HATI h'a1-1 f2T072lo'I.heecllan.k nclhclv:'"' IGIsI G:avNJ SGHatDNaWl3 f6kP) lruiar [luiret,e,tma OElulMn-,Do—, p.,vor rUlsl VW—smuefr tS1"-Xuj am 0,,n fink \_1 .-.. [71R -XI 166,,E ePme ,,r 1Z'V [Nit P410 LCD WATTAGE LEO COLOR 'SV52'!,31'rahl EVIS-S)P— 121 x k.kb 12; 2,- }� t2TO] 7 Do lin. -WAW 41U i'!l'Eranlnr:l}�r3 [3t ;3.:N [30R}:,+%!oK I'vM) d' F',nl,— 41—A [b1 ::tJ I5M31 U—,t - Jul . Q-,11rI0 ESM2) 2 IIA" 8„ntw: I1-1 JXJ SP[-,af, L-glh L MOTE: 5- V -N Go dr, optim,s HALOGENIXELOGSN (T4 GTA.35) - [20r z,,w rb"'. I, corm" .moil, p,,j SSW Ha6 q- A,I .,I, 1411., T PH(INl 811 4h:' 3179 I FAX Is. 9:11 till£ i Y:-liAll, SA I. i:S:JJJAUNC)RAi. IGHT (,OM I AURORAUGH T. CDM r V[ by hiaw'�xrmp rvo-.,,c,n,¢,ttn�mrnt V�9rars, fkuwx gh!rvw,�.v.o,il,W is mm,il5 f+rxatr xiwaFcalaxn wi'm,�1,xlfAun:m 6[4,i:,:s,mdsnr inc, i.s1Jt(V--, Irt„e TYPE: LL5 PARTS: 1 AURORALIGHT HPL10-5-30D-180-ID- 112-BLP-XD Led Palhlighl, 3000K, dimmable, 112” male thread mount, 180 degree shield, frosted lens, extra dark bronze patina finish, NOTES: AVR - SITE (1416 AVR) PAGE 5 OF 20 2017.01.24 ADDITIONAL PATH LIGHTING CUTSHEETS LP N EST M Design: Weight: Bystrup Architects Min: 21 lbs. Max: 21 ibs. Concept: Compliance; The fixture emits an indirect, soft and symmetrical cULus, Wet Location, light, Reflections in the "lattice" create an attractive play of light within the fixture. Specification notes: a. Consult factory for product spefications for Finish: Photo Sensor and Wireless Control options. Natural painted aluminum or graphite grey, powder coated. Material: Top shade: Spun aluminum. Enclosure: Clear glass. Reflector: Anodized aluminum. Framework Die cast aluminum. Mounting: Post top: Mounted on round straight aluminum {115A) pole. TYPE: LL6 PARTS: 1 LOUIS POULSEN LP NEST 56W LED13000K 120-277v NAT PAINT ALU T -RSA -4,5 DIM LED light pole. Graphite Grey, T -RSA 4,5°a Dimmable NOTES: AVR - SITE (1416 AVR) PAGE 6 OF 20 2017,01.24 ADDITIONAL PATH LIGHTING CUTSHEETS NOTES: AVR - SITE (1416 AVR) PAGE 7 OF 20 2017,01.24 ADDITIONAL PATH LIGHTING CUTSHEETS TYPE: LL6 PARTS: PRODUCT OVERVIEW 1 LOUIS POULSEN LP NEST 56N! €-ightsource Voltage LED13000K 120-277V NAT PAINT ALU T -R SA -4.5 D I M 53 W LE bJ3000 K 120-277v 53WLED/4000K LED light pole. Graphite Grey, T -RSA - 4.5", Dimmable Finish Transition to pole NA'r AAlMT Aru 7 -RS A -9S IN G4L4PH FeatWQ9 Eat o -10v NOTES: AVR - SITE (1416 AVR) PAGE 7 OF 20 2017,01.24 ADDITIONAL PATH LIGHTING CUTSHEETS ATTACHMENT 3 DEVELOPMENT AGREEMENT VESTED RIGHTS FOR ASPEN VALLEY RAHCH THIS AGREEMENT is made this /a day of , 2005, by and between the Board of County of Commissioners (the 'Board") of Pitkin County, a political subdivision of the State of Colorado (the "County"), and SGS -Ranch, LLC, a Colorado limited liability company ("Developer"). RECITALS: A. Developer is the owner of approximately 486 acres of real property situated in the County of Pitkin, State of Colorado, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. In this Agreement, the property described in Exhibit A shall be referred to as "Aspen Valley Ranch." B, Developer applied to the County for various approvals in order to develop Aspen Valley Ranch as a residential subdivision. C. The Board granted final approval for Aspen Valley Ranch at its regularly scheduled meeting on August 24, 2005. Such "Final Approval" consisted ofconceptual submission approval, a growth management quota system exemption, special review approval for the establishment transferable development rights receiving areas, construction of caretaker dwelling units and 1041 hazard review approval. The Final Approval of the Board was embodied in Resolution No. I t D,_� (the "Final Approval Resolution") which was recorded as Reception No. �o A� of the Pitkin County records on the IL I day of_rc_Q v' _, 2005, D. The Final Approval Resolution included approval to file a Subdivision Exemption Plat and 1041 Hazard Review Site Plan for Aspen Valley Ranch (the "Exemption Plat") The Exemption Plat was recorded in the public records of Pitkin County at Reception No, Jar c]��Ll Book :�7, at PageS H —. # I NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Intent. It is the intent of the parties that this Agreement shall constitute a development agreement as referenced in C.R.S. § 24-68-104 for the purpose of establishing vested property rights as defined therein for a period of fifteen (15) years. Right to Develo mentNested Property Ri hts. (a) Developer shall have the right to undertake and complete development of Aspen Valley Ranch and the residences and Facilities described in the Final Approval Resolution, and to use, occupy, sell, encumber or lease Aspen Valley Ranch and its facilities subjectto the terms and conditions of the Final Approval Resolution, the Exemption Plat and Pl�q®®9 � 1 ��11 51627 f 1� 10114/D 0,0002;375 SILVIA onVIS PITKIN coUNTY Co A 21.00 this Agreement, Such rights shall vest in the Developer, and its successors and assigns, as benefits and shall run with title to the land. The Final Approval Resolution and Exemption Plat as approved by the County constitute a "Site Specific Development Plan" pursuant to C.R.S, § 24-68-101, et seq. (b) The development rights and uses described in this Agreement and/or included in. Final Approval Resolution are vested for a period of fifteen (15) years from the date of Final Approval which, for the purposes of this provision, is October 12, 2005. During the 15 -year vesting period ending October 12, 2020, Developer and/or its successors or assigns Shall not be subject to any addition, modification or amendment to the Land Use Code or to any other regulation not in effect on the date of vesting which amends or has the effect of amending any of the following; (1) any provisions of the Land Use Code which restrict or eliminate the growth management exemptions approved in the Final Approval Resolution; or (2) the provisions of the Land Use Code which establish the amount of square footage available through utilization of transferrable development rights; or (3) the regulations, requirements, standards and conditions concerning the following provisions of the RS -20 Zone District in effect on the date of this Agreement (all terms are as defined in the Pitkin County Land Use Codc, unless otherwise noted); (i) maximum floor area, or the calculation or definition thereof; (ii) minimum and maximum lot size; (iii) building height; (iv) road, property or stream setbacks for Homesteads 4, 8 and 9; (v) grading and fill placement; and (vi) preservation or creation of scenic view planes. (c) Notwithstanding any other provision of this Agreement, no provision hereof shall be construed to exempt Developer or any future owner or owners of Aspen Valley Ranch from the requirements of Final Approval Resolution, building permits, or other necessary permits or approvals which become applicable subsequent to the approval of this Development Agreement. Nor shall any provision hereof be construed to preclude the application of the Uniform Building Code, Fire Code, Plumbing Code, Electrical Code, Mechanical Code, or other requirements reasonably necessary forthe protection of the public health and safety. 3. Amendment. This Agreement may he amended only by written instrument signed by the County and the Developer, 4. Binding Effect, This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 272 10/14/2005 02:371 SII.VIR DAYIS PITXIN GPUNTY 00 R 21,00 D 0.00 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed the date and year first written above. BOARD OF COUNTY COMMISSIONERS OF PIT/K�IN COUNTY, COLORADO BY 3. t . //,o Name7>c)#-&t-en Title: /AwS G:%ClicndSGS,AVRWrvelopmcnt ARreomen1090605.wpd SGS -RANCH, LLC, a Colorado �Iirnitedliabil' mpa�DAG BY: SEYV Y, By: David J. Myler, Attorney -in -Fact for Seymour Svirsky 516272 11111111111111111111111111111111111111111111111111111102 : 371 SJlYTA DAVIS PITKIN COUNTY CO R 21,00 D 0,00 Exhibit A LEGAL DESCRIPTION OF ASPEN VALLEY RANCH Homesteads 1 through 9 and the Agricultural Facilities Parcel as shown on the Subdivision Exemption Plat for Aspen Valley Ranch recorded L 2'J�, 2005, as Reception No., in Plat Book,at Pag of the Pitkin County records, L�— 1-7 11111111111111111111111111111111111111111111111111Pg : 1116272 005 02:37f SILVIA DRVIs PITKIN COUNTY CO R 21.00 b 0.00 7 ATTACHMENT 4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL OF THE ASPEN VALLEY RANCH SPECIAL REVIEW, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND GMQS EXEMPTION Resplution No. L -2005 RECITALS SGS -Ranch LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for approval to develop 8 new single family residences on parcels ranging from 35 to 120 acres, to create a new 354- acre parcel around the existing ranch house and a 35+ acre Agricultural Facilities Parcel that encompasses the existing agricultural buildings and affordable housing units. The Applicant is requesting approval for a total of 96,754 square feet of floor area for the development, with no more than 3 of the residences containing in excess of 10,750 and up to 13,250 square feet of floor area. The following approvals are requested and required; A. Rezoning of 245 aeres of the ranch to Rural/Remote; B, 1041 l4azard Review and Conceptual Submission to establish building envelopes; C. GMQS Exemption and Special Review to establish the parcels as TDR reGelver sites (for initial development rights and additional floor area); 2. The property is located on Upper River Road, and is more specifically described in Exhibit A. 3. The property is comprised of two separate parcels that contain a total of 731 acres. The property is zoned RS-20/PUD with the exception of approximately 2 acres of land that is zoned AH. 4. The Pitkin County Planning and Zoning Commission ("Commission") considered the proposed application at a regularly scheduled meeting on May 17, 2005, and recommended approval by a vote of 5--0. 5. The BOCC considered this application at duly noticed public hearings on July 27 and August 10, 2005, at which times evidence and testimony were presented with respectto the application. The BOCC reviewed and approved the Development Agreement on August 24, 2005, 6. The BOCC finds that the proposed building envelopes are located on slopes of less than 30% and avoid the 100 year floodplain and critical wildlife habitat areas; the wildfire hazard is rated as low to medium and can be mitigated; the debris flow hazard can be mitigated; 7. The BOCC further finds the development is consistent with the special review criteria for TDR receiver sites and caretaker dwelling units, and that the proposed development otherwise complies with the applicable provisions of the Land Use Code ("Code"). 8. 'The BOCC further finds that an extended vested right of 15 years is appropriate because the proposed development promotes the public benefit in a manner consistent with, and which promotes the policies and requirements contained in the Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Aspen Valley Ranch 1041 Hazard Review, Conceptual Submission, Special Review and GMQS Exemption, subject to the following conditions, which shall run with the land and be binding on all successors in interest. 616266 Page: I of 10 I �! 10/14/2005 02'20f S11 -VIA DAYI5 PITKIN COUNTY CO R 0.00 D 0.00 Resolution No, j j 7-200.5 Page 2 I . The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any earthmoving, access, ISDS or building permit applications, the Applicant shall: A. Record the Subdivision Exemption Plat, The exemption plat shall identify the public trail easement. B. Submit 1041 Hazard Review Site Plans to the Community Development Department For approval and recording. The owner must sign the mylar copies of the site plans prior to submittal for recording. The Applicant shall amend the site plans as follows, prior to submission For recordation: 1) Include the location and dimensions of building envelope setbacks from property lines, and/or tie in the boundaries of the building envelopes to a permanent marker. 2) Eliminate shading of envelopes. C. Submit the revised Protective Covenants, Development Agreement and Trail Easement for review and approval by the County Attorney and the Community Development Department, prior to recordation. D. The Occupancy Deed Restriction and Agreement dated May 18, 1992 and recorded as Reception No. 344911 shall be amended as follows: I ) For the purpose of determining rent and/or sale prices, the existing units at 20, 31 and 559 Aspen Valley Ranch Road shall be classified as Single -Family Detached Category 3 units and the units at 55, 71, 80 and 105 Aspen Valley Ranch Road shall be classified as Single -Family Detached Category 1 units. 2) The Housing Authority shall qualify all occupants of the units as to employment. Occupants must not own developed residential real estate or a mobile home in those portions of Eagle, Garfeld, Gunnison or Pitkin Counties, which are part of the Roaring Fork River drainage. 3) The Applicant shall provide financial security to assure the removal of any unit if the owner thereof is found to have breached the terms and conditions of the Occupancy Deed Restriction and Agreement. E. Provide documentation to the Housing Office to verify that the current tenants of the employee housing units comply with the provisions specified in condition D2 above. 3, Concurrent with recordation of the 1041 site plan(s), the Applicant shall: A. Record the Protective Covenants, Development Agreement, and revised Occupancy Deed Restriction and Agreement. B. Obtain Irrevocable Certificates of TDRs from the Rural/Remote tracts, and execute and record the deed restriction against further development of the tracts. C. Record the public trail easement, which shall allow pedestrian, snowshoeing and cross-country skiing from the Rio Grande trail across the ranch and the Werk -Cook parcel up Red Canyon to the BLM land. Dogs shall be prohibited. The trail shall be closed from December 1 to March 31 each year. 4. All documents shall be recorded within 180 days of the date of this approval. 516266 �1 li I I SII l II l 014/ 2 005 @z 11 : @ I IIS � SII I SILVIR DAVIS PITKIN COUNTY GO R 0.041 D 9•0® Resolution No. x-2005 Page 3 5. The Development Agreement shall be amended prior to recordation to specify that the following shall vest based on the standards of the Code in effect on the date of approval: floor area entitlements utilizing TDRs; GMQS exemptions granted; maximum floor area and the current floor area definition; minimum and maximum lot size; building height; road and property setbacks; stream setbacks for Lots 4, 8 and 9, grading and placement of fill; and preservation or creation of scenic viewplancs. 6. Prior to submission of an ISDS permit for each parcel, the Applicant shall provide documentation of a legal water supply and adequate quality and quantity of water to the Environmental Health Department. Wells must he located within the building or development envelopes, or in a location outside of the envelopes that is approved by the Community Development Department. Prior to building permit application for a new residence on each of each of Parcels 1-7 and 9, the Applicant shall submit one executed Irrevocable Certificate(s) of TDRs to allow up to 5,750 square feet of Floor area on each parcel, and a copy of the deed evidencing conveyance of the Certificate(s) to the Applicant (if applicable). The Applicant may replace the existing residence on Parcel 8 up to the size of the original unit or 5,750 square feet of floor area, whichever is greater. The Applicant may submit additional TDR Certificates or.may utilize growth management allotments for additional floor area on Parcels 1-9 up to the maximum specified in #12 below. 8. The Applicant shall complete the floodplain/debris flow mitigation berm and clear the Red Canyon and Dry Woody Creek channels as shown on the Schmueser Gordon Meyer plans dated 7/5/05, prior to issuance of any pen -nits for development on Lots 4 or 8, or redevelopment on the Agricultural Facilities Parcel. 9. Prior to submission of any bnilding permits for residences on any of Parcels 1-7 and 9 and a replacement residence on Parcel 8, the Applicant shall obtain an Access Permit to improve Aspen Valley Ranch Road to Che "Country Access" standard specified in the Asset Management Plan from the intersection with Upper River Road to the driveway to Parcel 4. The permit shall be reviewed and approved by the County Engineer and the Fire Marshal, 10. Prior to issuance of building permits for residences on Parcels 5, 8 and 9, the Applicant shall obtain an Access Permit to improve the applicable driveways from Aspen Valley Ranch Road to the driveways to the building; envelopes on those parcels to the "driveway" standard in the Asset Management Plan, but with a minimum 16' wide driving surface. The permit shall be reviewed and approved by the County Engineer and the Fire Marshal, 11. Prior to issuance of building permits for residences on each of Parcels 1-7 and 9 and a replacement residence on Parcel 8, the Applicant shall: A. Obtain a fireplace/woodstove permit from the Community Development Department. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. C. Obtain a driveway/access permit, which shall be approved by the County Engineer and the Aspen Fire Marshal, D. Obtain a site specific foundation investigation for each of Parcels 5-9, E. Obtain ISDS permits from the Environmental Health Department. The systems must be designed by a registered professional engineer, shall be located within the building or development envelopes, and must comply with the setback requirements from surface and groundwater sources. F. If the residence exceeds 5,000 square feet, submit a Tragic and Parking Management Plan in accordance with the Asset Management Plan for review and approval by the County Engineer, G. Submit a landscaping plan, for review and approval by the Community Development Department. H. Pay the applicable road impact and housing impact fees. 516266 Page: 3 of 10 13 1111111111111111111111111111111111111 10/14/2005 5rLVIR DAVIS PITKIN COUNTY CO @2.20! R 0,@0 0 0.00 Resolution No. jJ1 -2005 Pine 4 1, Pay a capital replacement fee in the amount of $5,222.22 to RFTA. This fee shall be adjusted upward to reflect the value at the time of payment based on the annualized rate of inflation as published in the Consumer Price Index (DenverBoulder/Greeley CPI -W not seasonally adjusted, which index stood at 189.2 on July 1, 2005) as established by the US Bilrcau of Labor Statistics. 12. The total floor area of all residences shall not exceed 96,750 square feet. No more than 3 residences may contain floor area in excess of 10,750 square feet and up to 13,250 square feet, provided that the residences on Parcels 6 and 7 shall not exceed 10,750 square feet. Subject to the foregoing, the Applicant shall allocate the allowable square footage of Floor Area for each parcel either at the time of the initial sale of such parcel or upon application for a building permit for a residence on such parcel, whichever first occurs. The Floor Area to be allocated shall be set forth in a document entitled "Allocation of Floor Area" which shall identify the parcel for which the allocation is made, shall be signed by the Applicant and recorded in the office of the Clerk and Recorder of Pitkin County, Colorado, Thereafter, the Allocation of Floor Area as set forth in the recorded document may only be amended by and through an amendment to the Final Approval Resolution processed pursuant to the regrilations of the County then in effect. l3. Agricultural buildings are prohibited on Parcels 1-9. Agricultural facilities on the Agricultural Facilities Parcel shall be limited to a total of 30,000 square feet, with no one building exQeeding 5,000 square feet. The floor area of the employee units on the Agricultural Facilities Parcel shall. not_execcd 10,000 square feet, with no one unit to exceed 2,000 square feet. 14. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of each building and development envelope and install construction fencing around the perimeter of the building and development envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued For the residence. 15. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, vegetation removal or disturbance, septic system and well, shall occur outside of the approved building and development envelopes, except to comply with the required wildfire mitigation. Utility and driveway extension and maintenance shall occur within approved building or development envelopes. 16. Only plant species listed in the Pitkin County Revegotation Guide (or species native to the site) shall he utilized to revegetate areas outside of the building envelopes that are disturbed by construction of access drives and installation of utilities, subject to a revegetation plan approved by the Natural Resources Division prior to issuance of a Certificate of Occupancy, However, if agricultural areas are disturbed, those areas may be planted with agricultural crops that are not, included in the RC.V.egetati.on.Guide, 17. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. Exterior lighting is prohibited on any facades that face Highway 82 except where necessary to comply with health and safety requirements of the building code. 18. The exterior of the residences shall be finished in earth tones, which blend with the colors of the natural surrounding environment. Roof materials shall be non -reflective, 19, The Applicant shall comply with the fbllowing measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the building envelopes, except for agricultural crops. B. Provide waste storage that complies with the County Code regarding bear -proof containers. 516266 II 1 /014/2005 02;201 5ILVIA DRVIS PITKIN COUNTY CO R 0.00 U 0.00 Resolution No. #Y_-2005 Page 5 Verification of compliance shall be provided prior to issuance of a certificate of occupancy. C. Avoid fruit -bearing trees and shrubs in any landscaping. D. Dogs shall be kenneled, with the exception of working ranch dogs when at work. E. All new fencing outside of the building envelopes that is not necessary for livestock retention shall comply with the following: I ) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 incites between two of the rails. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3) Existing fencing shall be brought into compliance. F, Horse hay shall be fenced at the owner's expense with 8' game -proof fencing and other feed shall be kept in bear -proof containers. 20. The Applicant shall comply with the following wildfire mitigation standards: A. For a distance of 15 feet around all structures establish and maintain vegetation at 6 inches or less, with mowed grass, low growing perennials or some type of hardscape (e.g„ sidewalk, pavers, rock mulch). B. Beyond the I5 -foot perimeter and up to 30 feet keep grass mowed to a height of 6 inches or less. C. Future landscaping within 100 feet of any structure shall be spaced no closer than 10 feet from the outermost branches. The lower limbs of conifers should be removed up to 10 feet or half the total height of the plant to eliminate ladder fuels. D, Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (.IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roofcoverings shall be constructed of nom -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 roof debris, Protrusions above the roof7ine, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. E. Vents shall be screened with corrosive resistant wire mesh with mesh %4 inch maximum. F. Roofs and gutters shall be kept clear of debris. G. Yards shall be kept clear of all litter, slash, and flammable debris. H. A II flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. I. Swimming pools or ponds shall be accessible to Fire Department vehicles. J. Fences shall be kept clear of brush and debris. K. Wood fences shall not connect to the structure. L. Fuel tanks shall be installed underground with an approved container, M. 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 tire -resistive construction on the exterior side of the wal Is. 516286 111 ��aqe� 5 of 10 10/14/2005 02;201 111 SILVIR DAVI$ PITKIN COUNTY CO R 0.00 Q 0.00 Resolulion No, 11)'-2005 Page 6 N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location, O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post, P. New utility lines shall be buried within roadways. 21. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District. Each owner shall install a 20,000 gallon underground water storage tank with a hydrant within the approved envelopes, prior to final inspection of the residence. 22, The Applicant shall comply with the County's Noxious Weed Management Plan, 23. Any development located within setbacks shall requite a variance From the Board of Adjustment. This approval does not assure approval of the variance. 24_ 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, 25. 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, § 4.140 and CKS., § 24-68105. The statutory vested rights granted herein shall expire on - August 10, 2025. 516266 Page; 6 of 10 1111111111111111111111111111111111111111111111111111 10/14/2005 SILVIR DAVIS PITKXN COUNTY Co R 0 00 p 0 0 2.z0i Resolution Nn. 0'-2005 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN ` EgES WEEKLY on the 26`x' day of June, 2005. APPROVED AND ADOPTED an the 10"' day of August, 2005. PUBLISHED AFTER ADOPTION IF ED REAL PROPERTY RIGHTS in the AsTlnes Weekly on the day o 2005. 'f-1lAnC� Q q Cindy 1-3ouben Community Development Director P076-03 PID #2643054000011264304100005/264304200033 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Zdteg�a�� X,` Patti Kay -Clapper, Chair APPROVED AS TO FORM; A,,' 0 7- g Ge✓��7 John Ely County Attorney 516266 fpill Page: 7 of t0 111111111111111111 10?14'/2005 a SILVIR DAVIS PITKIN CO�INTY CO /2005 02.20/ R 0.00 D 0.00 7 EVhert SCHMUESER I GORDON I MEYER C'LE=NWC'on `FRIHCS ASPEN CRE5TET) BUTTE 118 W. 15TH, SUITE 200 f.o. eox 2155 P.O. BOR 3050 E N G I N E E R S S U R V E Y O R 5 GLENWOOP SPRINGS, CO 1314301 ASPEN, CO 8 1151 2 CRESTED BUTTE, co B f 224 - 970-945. 1 404 970-925-6727 970-349-53155 FX: 970143115-591113 M 970-925-4157 rye; 974-3411-535+9 20 September 2005 516266 1441 Special Review Approval J � � P0g pp p / ] 4/2005 02:205 Aspen 'Valley Punch SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 A parcel of land located in W112 of Section 4, the 5112 of Section 5, the NE114 of Section 8 and the W1/2 of Section 9, Township 8 South Range 85 West 6th P.M., Pitkin County, Colorado, being more particularly described as follows: Beginning at the Northeast Corner of the 15t Amended Plat of Aspen Valley Downs Subdivision P.U,D, as recorded in Plat Book 49 at Page 2, also being the C114 Corner of said Section 4, with all bearing being relative to 'N00°00'24"E between the E114 Corner and the NE Closing Corner of said Section corner of Section 4, thence along the Northerly and Westerly boundary of said Aspen Valley Downs the following eleven (11) courses N86°48'00"W a distance of 209,39 feet; thence S86°49'20"W a distance of 399,76 fee; thence S90°00'00"W a distance of 1548.54 feet; thence S1 8'44'09W a distance of 994.62 feet; thence N65°14'29"E a distance of 573.48 feet; thence S52025'58"E a distance of 870,39 feet; thence S00°45'26"W a distance of 373.33 feet; thence S50031'43"E a distance of 1,026.94 feet; thence S02°2927"E a distance of 787.59 feet; thence S59042'09"E a distance of 445.52 feet; thence S00°05'31 "W a distance of 434.56 feet to a point on the north line of a tract of land described in Book 360 at Page 750 of said Pitkin County records; thence along the Northeasterly line of said tract of land the following six (6) courses: N79°54'1011W a distance of 94.00 feet; thence N66°36'00"W a distance of 190.54 feet; thence S73°50'34" W a distance of 25,46 feet; thence N50'09'43" W a distance of 694.62 feet; thence N400 48'28" W a distance of 53,72 feet; thence S29044'29"W a distance of 9.18 feet to a point on the North line of a tract of land described in Book 607 at Page 824 and exception recorded in Book 207 at Page 351; thence along the Northerly line of said tract of land the following ten (10) courses N31042'00" W a distance of 244.04 feet; thence N50021'00"W a distance of 276.85 feet; thence S77036'00"W a distance of 91.74 feet; thence S03035'00"W a distance of 112.12 feet; thence S25° 59'00"E a distance of 80.50 feet; thence S54" 00'00"W a distance of 309.60 feet; thence S36003'00"E a distance of 163.23 feet; thence S23021'00"E a distance of 258.25 feet; thence S34015'00"W a distance of 100.49 feet; thence 844°24'00"E a distance of 35,18 feet to point on the Northwesterly boundary of a tract of land described in Book 360 at Page 750; thence along the Northwesterly line of said tract of land the following five (5) courses S29°59'20"W a distance of 550.01 feet; thence S78'52'1 6"W a distance of 111.31 feet; thence S22'22'1 8"W a distance of 385.83 feet; thence e SCHMUESER I GORDON I MEYER CL.L'NWOQDC iPRINQ5 ASPEN - - - 1 18 W, 6TH, BWTE 200 P.O. BOX 2155 E N' G I N E E R 5 i 5 U R V E Y p R 8 QI'ENWOOp 5PHINOS, CO e 1 601 ASPEN. CO e I B i 2 . .......... .. . 970-945.1004 970-925-5727 FXI 970^B45 -SBA$ FX: 970.925-4357 CRESTLO 5UT E Pa Q. BOX 3088 c"fisTao aura. CO 81224 970-349-5355 FX'. 870-349.5358 SO4°32'55"E a distance of1048.40 feet; thence N69'50'55"W a distance of 441.36 feet to a point on the Northerly right of way line of the former Denver and Rio Grande Western Railroad; thence along the Northerly line of said right of way N47005'56"W a distance of 488.61 feet to the West line of said Section 9; thence along the West line of said Section 9 N00002'48"W a distance of 171.07 feet to the Northerly right of way line of a County Road; thence along the Northerly line of a,County Road the following six (6) courses 92.31 feet along the arc of a 3,790.40 feet radius non -tangent curve to the right, having a central angle of 1°23'43" and subtending a chord bearing N41 *36'27"W a distance of 92,30 feet; thence N40°54'35"W a distance of 394,51 feet; thence 267.49 feet along the arc of a 818.28 feet radius curve to left , having a central angle of 18°43'4611 and subtending a chord bearing N5016'28"W a distance of 266.30 feet; thence N59°38'21"W a distance of 241.25 feet; thence 185.83 feet along the arc of a 478.57 feet radius curve to the right, having a central angle of 22°14'54" and subtending a chord bearing N48030'54"W a distance of 184.67 -feet; thence N37°23'27"W a distance of 193.98 feet; thence 209.10 feet along the arc of a 540.90 feet radius curve to the left, having a central angle of 2208'57" and subtending a chord bearing N48°27'55"W a distance of 207.80 feet; thence N59°32'24"W a distance of 327.82 feet; thence 86.55 Feet along the arc of a 214.69 feet radius curve to the right, having a central angle of 23°05'53'1 and subtending a chord bearing N47°59'28"W a distance of 85.96 feet; thence, N36°26'31 "W a distance of 248.86 Feet; thence 192.08 feet along the are of a 1075.49 feet radius curve to the left, having a central angle of 10013'59" and subtending a chord bearing N41 °33'31 "W a distance of 191.83 feet; thence S41 °28'04"W a distance of 125.27 feet to a point on said Northerly right of way line of the former Denver and Rio Grande Western Railroad; thence along said Northerly right of way line the following three (3) courses N47°05'56"W a distance of 685.74 feet; thence 408.54 feet along the arc of a 5,779.65 feet radius curve to the left, having a central angle of 4°03'00" and subtending a chord bearing of N49'07'27"W a distance of 408.45 feet; thence N51 °08'56"W a distance of 1,122.73 feet to a point on the boundary of a tract of land described in Book 207 at Page 355 of said Pitkin County records; thence along the Easterly line of said tract of land the following five (5) courses N34'59'1 8"E a distance of 111.08 feet; thence 281.34 feet along the arc of a 530.00 feet radius non -tangent curve to the left, having a central angle of 3024'52" and subtending a chord bearing N50014'12"W a distance of 278.05 feet; thence 201.94 feet along the arc of a 2,097.30 feet radius a reverse curve to the right, having a central angle of 5031'0011 and subtending a chord bearing of N62°41'12"W a distance of 201.86 feet; thence N59°55'42"W a distance of 165.00 feet; thence S30904'1 8"W a distance of 67.00 feet to a point on said Northerly right of way line of the former Denver and Rio Grande Western Railroad; thence along Northerly line of said right of way the following two (2) courses 43.25 feet along the arc of a 2,914.93 feet radius curve to the left, having a central angle of 0°51'00" and subtending a SCHMUESER I GORDON I MEYER GIENWOGD �,PMW'S ASPEN CRESTED CuT E 1 18 w. 67H. 5U ME 200 P.O. Bax 2155 P,o. ooX 3DBi3 E N G I N R E R S J S U R V E Y 0 R S GLENWooD SPRINGS, 00 8 1 B01 ASPIr W. Co & 191 2 CRE5TED eurrE, e0 S I P-ZA - - 970-945-1004 970-925-5727 970-340-6355 FX; 970-D45-5948 FX: 970-925-4157 vx: 970-349-535& chord bearing N57039'26"W a distance of 43,25 feet; thence N58°04'56"W a distance of 171.58 feet to the Southeast Corner of the West Ranch Subdivision according the plat thereof recorded in Plat Book 48 at Page 30 of said Pitkin County records; thence along the boundary line of said West Ranch Subdivision the following three (3) courses N00°00'00"E a distance of 914.43 feet along the Southeasterly line; thence S90000'00"W a distance of 1,185.00 feet along the Northerly line; thence S30°00'00"W a distance of 307,23 feet along the Westerly li-ne of said West Ranch Subdivision to the Northerly right of way line of said Denver and Rio Grande Western Railroad; thence along the Northerly line of said right of way line the following two (2) courses 14.98 feet along the arc of a 1,482.68 feet radius non -tangent curve to the left, having a central of 0°34'44" and subtending a chord bearing of N67°42'34"W a distance of 14.98 feet; thence N67059'56"W a distance of 317.81 feet to the West line of Government Lot 5 of said Section 5; thence N00°00'00"W a distance of 608,36 feet along the Westerly line of said Lot; thence N89026'06"E a distance of 2,657.16 feet along the North line of Government Lots 5 and 6 of said Section 5 to the C114 Corner of said Section 5; thence N89°24'47"E a distance of 2,536.83 feet along the North line of Government Lot 7 of said Section 5 to the Southwest Corner of Government Lot 1 of said Section 5; thence N00°06'08"W a distance of 694.67 feet along the West line of said Government Lot 1; thence S56°00'00"E of distance of 676.38 feet; thence N79041'00"E a distance of 101.17 feet; thence N79041'00"E a distance of 162,48 feet; thence N52012'00"E a distance of 195.35 feet; thence N45°11'00"E a distance of 23.22 feet; thence N00°00'00"E a distance of 180,69' feet; thence N89°5739E a distance of 2,301,26 feet; thence S00°06'43"W a distance of 648.11 feet to the East —West Centerline of said Section 4; thence N86'45'26"W along the East-West Centerline of said Section 4 a distance of 441.52 fee to the point of beginning, containing 485.6323 acres more or less. 515255 ll100/14/2 IIIIIII D 0to 005{02:201 .00 l l ! ! SILVIR DRV IS PITKIN COUNTY CO R 0,00 'Poli® / 1 9 I Q:20051341,001 \1041 specialreview. doc le DEVELOPMENT AGREEMENT - VESTED RIGHTS FOR ASPEN VALLEY RANCH THIS AGREEMENT is made this / P day of 2005, by and between the Board of County of Commissioners (the "Board") of Pitkin County, a political subdivision of the State of Colorado (the "County"), and SGS -Ranch, LLC, a Colorado limited liability company ("Developer"). RECITALS: A, Developer is the owner of approximately 486 acres of real property situated in the County of Pitkin, State of Colorado, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, In this Agreement, the property described in Exhibit A shall be referred to as "Aspen Valley Ranch." B. Developer applied to the County for various approvals in order to develop Aspen Valley Ranch as a residential subdivision, C. The Board granted final approval for Aspen Valley Ranch at its regularly scheduled meeting on August 24, 2005. Such "Final Approval" consisted of conceptual submission approval, a growth management quota system exemption, special review approval for the establishment transferable development rights receiving areas, construction of caretaker dwelling units and 1041 hazard review approval. The Final Approval of the Board was embodied in Resolution No, I t IT (the "Final Approval Resolution") which was recorded as Reception No. of the Pitkin County records on the rLI day of t i-c�aa✓, 2005. D. The Final Approval Resolution included approval to file a Subdivision Exemption Plat and 1041 Hazard Review Site Plan for Aspen Valley Ranch (the "Exemption Plat")The Exemption Plat was recorded in the public records of Pitkin County at Reception No, Book 776L—, at PageS ki NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1, Inten A. It is the intent of the parties that this Agreement shall constitute a development agreement as referenced in C,R.S. § 24-68-104 for the purpose of establishing vested property rights as defined therein for a period of fifteen (I5) years. Right to DevelopmentNested Property Rights. (a) Developer shall have the right to undertake and complete development of Aspen Valley Ranch and the residences and facilities described in the Final Approval Resolution, and to use, occupy, sell, encumber or lease Aspen Valley Ranch and its facilities subject to the terms and conditions ofthe Final Approval Resolution, the Exemption Plat and 516272 ll 10/14/2005 02:37= (� SILVXR DAVIS PITKIN COUNTY CO R 21,00 0 0.00 this Agreement. Such rights shall vest in the Developer, and its successors and assigns, as benefits and shall run with title to the land. The Final Approval Resolution and Exemption Plat as approved by the County constitute a "Site Specific Development Plan" pursuant to C.R.S, § 24-68-101, et seq. (b) The development rights and uses described in this /Agreement and/or included in Final Approval Resolution are vested for a period of fifteen (15) years from the date of Final Approval which, for the purposes of this provision, is October 12, 2005, During the 15 -year vesting period ending October 12, 2020, Developer and/or its successors or assigns shall not be subject to any addition, modification or amendment to the Land Use Code or to any other regulation not in effect on the date of vesting which amends or has the effect of amending any of the following: (1) any provisions of the Land Use Code which restrict or eliminate the growth management exemptions approved in the Final Approval Resolution; or (2) the provisions of the Land Use Code which establish the amount of square footage available through utilization of transferrable development rights; or (3) the regulations, requirements, standards and conditions concerning the following provisions of the RS -20 Zone District in effect on the date of this Agreement (all terms are as defined in the Pitkin County Land Use Code, unless otherwise noted): (i) maximum floor area, or the calculation or definition thereof; (ii) minimum and maximum lot size; (iii) building height; (iv) road, property or stream setbacks for Homesteads 4, 8 and 9; (v) grading and fill placement; and (vi) preservation or creation of scenic view planes. (c) Notwithstanding any other provision of this Agreement, no provision hereof shall be construed to exempt Developer or any future owner or owners of Aspen Valley Ranch from the requirements of Final Approval Resolution, building permits, or other necessary permits or approvals which become applicable subsequent to the approval of this Development Agreement. Nor shall any provision hereof be construed to preclude the application of the Uniform Building Code, Fire Code, Plumbing Code, Electrical Code, Mechanical Code, or other requirements reasonably necessary for the protection of the public health and safety, 3. Amendment. This Agreement may be amended only by written instrument signed by the County and the Developer. 4, Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns, 2 616272 Page: 2 of 4 II III III ` 10/14/2005 02:371 sILYM DAVIS PITKIN COUNTY CO R 21,00 D 0.00 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed the date and year first written above. BOARD OF COUNTY COMMISSIONERS SGS -RANCH, LLC, OF PITKIN COUNTY, COLORADO a Colorado limited liabil' rnpany BY: SEY SV Y, AGER By: �I/� _ //,� By: Name'o � eo, �g:krd 'l David J, Myler, AttorneyWin�Fact Title: ,^AI for Seymour SVirsky G:3CIicn11sG5-AVMDeve1npmen1 Agreement 090605.wpd 111 516272 Page; 3 of 4 10/14/2005 4 200 srLVlp DAVIS PITKIN COUNTY CO 5 02.37f R 21,00 ®0.00 Exhibit A LEGAL D3ESCRIPTI®N OF ASPEN VALLEY RANCH Homesteads 1 through 9 and the Agricultural Facilities Parcel as shown on the Subdivision Exemption Plat for Aspen Valley Ranch recorded 110--14 __., 2005, as Reception No. in Plat Book at Pag641- of the Pitkin County records. Ll --- r -7 516272 JJ Page; 4 of 4 I 1111111111C111111111111111 10/14/2005 4/20@ SCLVIq DRVIS PITKIN COUNTY CO R 21,00 o @0002 371 �' TRAIL EASEMENT This Trail Easement (the "Easement") is made and entered into this l a day of 2005, by and between SGS -RANCH, LLC (hereinafter referred to as "Grantor") and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, as the governing body of Pitkin County, Colorado (hereinafter referred to as "Grantee"), RECITALS: A, Grantor is the owner of two contiguous parcels of land in Pitkin County, Colorado, known and referred to herein as "Aspen Valley Ranch" and the "Werk Cook Parcel." Aspen Valley Ranch is described on the Subdivision Exemption Plat recorded in Plat Book 7((o at Page S �� --(Reception No.516�3gof the Pitkin County records (the "Exemption Plat"). The Werk Cook Parcel is more particularly described on Exhibit A. A. Grantor desires to establish a Public Trail Easement within and across Aspen Valley Ranch and the Werk Cook Parcel subject to certain restrictions and obligations as set forth herein, C. Grantee desires to accept the Public Trail Easement described herein, subject to the restrictions, and to assume certain responsibilities in connection therewith. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: I . Grant of Trail Easement, Grantor hereby grants, transfers'and conveys unto Grantee for the use and benefit of the general public, by quit claim only and without warranties of title, a non-exclusive easement and right of way (the "Public "frail Easement") over and upon Aspen Valley Road and Dry Woody Creek Road as depicted and described on the Exemption Plat, which lies between the Denver and Rio Grande Trail and River road; and the ten -Foot -wide easement area within and upon the Werk Cook Parcel as described on Exhibit B, subject to the restriction and obligations set forth herein, 2. Trail Use Restrictions, Use of the Public "Trail Easement by the public shall be limited to hiking daily, between sunrise and one hour before sunset and between April I and November 30 of each year. The Public Trail Easement will be closed to public use during the winter months, from December 1 of each year to March 31 of the following year. Except for the owners of the lots described on the Exemption Plat and the Werk Cook Parcel and the families, invitees and guests of such owners, no horses, dogs, motorized vehicles, firearms or commercial uses shall be allowed within the Public Trail Easement, and users of the Public Trail Easement shall not be allowed to carry firearms. Grantee shall have no obligation for the enforcement of the foregoing restrictions, nor any other provisions of this Trail Easement, against users of the Public Trail Easement or other third parties. 1 Il II �l 1111 I 1111111111 1111 16271 14/2005 2 05 02:35F SILVIA DgYIS PITKTN COUNTY CO R 31.00 D 0.00 3, Construction and Maintenance, The Public Trail Easement within Aspen Valley Ranch follows the alignment of existing roadways. Grantor shall not, by the terms of this Trail Easement, be required to improve, realign or upgrade any portion of the roadways as they exist on the date hereof. Grantor shall be obligated to maintain the roadways in a condition that will allow reasonable pedestrian access pursuant to the terms of this Trail Easement. Grantee shall have no responsibility, nor any authority, for the maintenance, repair, replacement or upgrade of said roadways. Nothing herein shall, however, preclude Grantor from undertaking and performing such maintenance, repair, replacement or upgrade to the roadways, including paving, as Grantor, or its successors and assigns, determine is necessary or desirable, so long as such work does not unreasonably restrict the public's use of the roadways intended by this Trail Easement. Grantor shal I construct a new trail along the alignment described on Exhibit B within the Werk Cook Parcel. Grantor shall thereafter be responsible for the reasonable maintenance and repair of said trail. Grantor may assign such responsibility to a homeowners' association representing the owners of Homesteads within Aspen Valley Ranch, whereupon Grantor's responsibility for maintenance and repair shall terminate. The Public Trail Easement may be closed temporarily during construction activities or in the event of circumstances which could endanger users of the Public Trail Easement, 4. Grantee's Obligation to Insure. The parties acknowledge that the Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law, including C.R,S. Sections 33-41101 through 105. Grantee agrees to add Grantor (and its successors and assigns in the ownership of Aspen Valley Ranch and the Werk Cook Parcel, or any of them or any part thereof) as additional named insureds on its comprehensive general liability insurance policy, which insurance shall be maintained by the Grantee to provide protection against liability from claims arising out of the use of the Public Trail Easement. Such insurance shall be carried in amounts not less than the liability limits specified in C.R.S. Section 24-10-114(1), as it may be amended from time to time, and shall provide Grantor and its successors and assigns with thirty (30) days advance written notice prior to cancellation or termination. Grantee shall, upon written request therefor from Grantor or any successor or assign, provide a Certificate of Insurance as verification of compliance with these requirements. 5, Attorneys' „Fees. In the event the interpretation or enforcement of this Public Trail Easement should ever become the subject of litigation between Grantor, or its successors and assigns in the ownership of Aspen Valley Ranch and the Werk Cook Parcel, or any part thereof, and Grantee, the substantially prevailing party shall be entitled to an award of its reasonable costs and attorneys` fees incurred in connection therewith, b. Binding Effect/Amendment, This Public Trail Easement shall be binding upon and inure to the benefit of the parties hereto and the heirs, personal representatives, successors and assigns of Grantor, including all future owners of Aspen Valley Ranch and the Werk Cook Parcel, or any of them, The Public Trail Easement shall not be assignable by Grantee. The benefits and burdens hereof shall also run with the title to Aspen Valley .Ranch and the Werk Cook Parcel. This 516271 �I I II 1l1 I 10/14/2005 02,36x SILVIR DOVIS PITKIN COUNTY CO R 31 .00 R 0.00 PublicTrail Easement may only be amended by a writing signed by Grantee and by the then record owners of Aspen Valley Ranch and the Werk Cook Parcel. SGS -RANCH, LLC BY: SEYM SV MANAGER By: �. David J. Myler, Attorney -in - Fact for Seymour Svirsky Date. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNT -YY Date: .011 V- N z STATE OF } ss. COUNTY OF The foregoing Trail Easement was acknowledged before me this _W � day of 0z) be*-- , 2005, by David J. Myler, as Attorney -in -Fact for Seymour Svirsky, Manager of SGS -RANCH, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My cornmis ' expire r --- , J • � o P r• � Notary Public �0lV 516271 Page: 3 of 6 10/14/2005 02:361 SILVIA DAVIS PITKIN COUNTY CO R 31.00 9 0.00 iJ STATE OF COLORADO } } ss, COUNTY OF PITKIN oom.heforegoing Tra' ement was aclewledged before me this _day of 2005, by��i on behalf of the Board of County missioners of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: G:1C11ent\SGS-AVWTrail Easement t01303.wpd 11111111111111111111111111111111 1516271 1I 10/14/2005 02:36 5ILVIO DRVIS PITKIN COUNTY CO R 31.00 D 0.00 4 EXHIBIT A LEGAL DESCRIPTION A tract of land situated in Lot 1, Section 4, and Lot 1, Section 5, Township 9 South, Range 85 West of the 6th P,M., more fully described as follows. Beginning at a point on the West line of Said Lot 1, Section 5 whence the Northwest comer of said Lot 1, Section 5 bears N 00'08108" W 628.22 feet; thence N 00'06108" W 628.22 feet to the Northwest comer of said Lot 1, Section 5; thence N 89'59'59" E 992.08 feet along the North line of said Lot 1, Section 5 and Lot 1, Section 4; thence S 00'00100" W 823.12 feet to the center of Dry Woody Creek; thence S 45'11'00" W 23.22 feet along the center of Dry Woody Creek; thence S 52'12'00" W 195.35 feet along the center of Dry Woody Creek; thence S 79'41'00" W 263.65 feet along the center of Dry Woody Creek; thence N 56'00100" W 675.38 feet to the point of beginning. BEING HISTORICALLY DESCRIBED AS FOLLOWS: A tract of land situated in Lot 1, Section 4, and Lot 1•, Section 5, Township 9 South, Range 85 West of the 6th p.M., more fully described as follows: Beginning at a point on the West line of Said Lot 1, Section 5 whence the witness comer to the Southeast comer of said Section 5 bears S 04`33' E 2572.12 feet thence N 626.37 feet to the Northwest comer of said Lot 1; thence East 989.82 feet along the North fine of said Lot 1, Section 5 and Lot 1, Section 4; thence South 823.52 feet to the center of Dry Woody Creek; thence S 45'11' W23.22 feet along the center of Dry Woody Creek; thence 79"41' W 263.65 feet along the center of Dry Woody Creek; . thence N 55' W 674.97 feet to the West line of said Lot 1, Section 5, the point of beginning. 515271 Page; 5 of 6 11111111111111111111111111111111111111111111111111111 14/20e5 02 SILVIA DAVIS PITK]N COUNTY CO R 31.0@ 0 0.00 36i EXHIBIT B October 13, 2005 Job# 2005-341.001 Aspen Valley Ranch 30' Access, Public Trail & Utility Easement A strip of land situate in Section 4, Township 8 South, Range 85 West of the 61h P.M., Pitkin County, Colorado, being described by centerline as follows; Said strip of land being thirty (30') feet in width, extending fifteen feet (15') each side of the following described centerline, in such a manner that the exterior boundary lines of said strip shall be lengthened or shortened as necessary to form a continuous strip exactly thirty feet (30') in width, Beginning at a point along the Northerly boundary of the county right of way for Upper River Road with all bearings being relative to N00°00'24"E between the East 114 Corner and the Northeast Closing Corner of said Section 4, whence a found USGLO Brass Cap Witness Corner for the Southwest Corner of said Section 4 bears 388'40'05"E a distance of 3335.13 feet, also known as Aspen Valley Ranch Road; thence along the center line of said Aspen Valley Ranch Road the following fourteen (14) courses; N46°52'05"E a distance of 164.88 feet; thence N53906'53"E a distance of 60.48 feet; thence N65'46'40"E a distance of 53.16 feet; thence N69°36'40"E a distance of 81.81 feet; thence N72°44'06"E a distance of 145.24 feet; thence N64929'10"E a distance of 98,11 feet; thence N57°58'32"E a distance of 435.53 feet; thence N45°24'46"E a distance of 202.86 feet; thence N59°48'23"E a distance of 57.38 feet; thence N70028'58"E a distance of 257.47 feet; thence N65°07'52"E a distance of 213.94 feet; thence N85°36'23"E a distance of 405,65 feet; thence N89013'1 FE a distance of 511.33 feet; thence N82922'04"W a distance of 58.22 feet to a point where Dry Woody Creek Road intersects Aspen Valley Ranch Road, whence the said Witness Corner for the Southwest Corner of said Section 4 bears S40051'24"E a distance of 1283.44 feet; thence along the centerline of said Dry Woody Creek Road the following Twenty-one (21) courses: N59001'29"E a distance of 93,11 feet; thence N3934'37"E a distance of 67,38 feet; thence N26023'36"E a distance of 54.70 feet; thence N18°20'43"E a distance of 196,98 feet; thence N19020'49"E a distance of 44,80 feet; thence N33°27'07"E a distance of 37.67 feet; thence N39'41'20"E a distance of 160.71 feet; thence N39°17'54E a distance of 63.51 feet; N64°21'24"E a distance of 61.56 feet; thence N71°59'41"E a distance of 67.91 feet; thence N64°37'27"E a distance of 43.24 feet; thence N57°00'25"E a distance of 82.19 feet; thence N50°24'35"E a distance of 169.24 feet; thence N34'45'23"E a distance of 101.96 feet; thence N2701 1'46"E a distance of 121.65 feet; thence N29939'1 9"E a distance of 160.40 feet; thence N1 8'36'55"E a distance of 59.86 feet; thence N08°37'02"E a distance of 43, 11 feet; thence N12"55'51"E a distance of 38.99 feet; thence N1 0'51'57"E a distance of 34.73 feet; thence 34.73 feet; thence N16°07'09"E a distance of 41.60 feet to a point along the Southerly boundary of a Parcel of land described in Book 26 at Page 50; thence along a trail as it exists the following ten (1 0) courses; N15°17'28"W a distance of 46.47 feet; thence NO2°33'59"E a distance of 138.24 feet; thence N09°17'52"E a distance of 69.90 feet; thence N17°05'34"E a distance of 55.88 feet; thence N14"01'53"E a distance of 115.43 feet; thence NO2018'39"W a distance of 83.85 feet; thence N14°58'32"W a distance of 38,78 feet; thence N00927'24"W a distance of 21.33 feet; thence N10'13'1 7"E a distance of 19.99 feet; thence N04941'59"E a distance of 60.00 feet; thence continuing along said trail as it exists approximately 232 feet to the Northerly boundary of said Parcel described in Book 26 at Page 50, also being the point of terminus. 0:2005/341.001 /TrailEsmt.doc 516271 I 10/ 111111111111111111111111111111111111111111 /14/2005 02:361 5ILVIA UAVI5 PITKIN COUNTY CO R 31.00 D 0.00 6 (BSGM www_Sgm-inc,corn ATTACHMENT 5 April 14, 2017 Mr, Glenn Horn Davis Horn, Inc. 215 S. Monarch St., Ste, 104 Aspen, CO 81611 RE: Aspen Valley Ranch - Road Design Standards Dear Glenn: At your request, I am providing this verification of road design parameters for Aspen Valley Ranch (AVR). Specifically, we have reviewed the requirements of Pitkin County BOCC Resolution No. 112-2005 and compared them to the actual design and construction of the AVR roads. Per the Resolution, the conditions for approval of roads are as follows: 9. Prior to submission of any building permits for residences on any of Parcels 1-7 and 9 and a replacement residence on Parcel 8, the Applicant shall obtain an Access Permit to improve Aspen Valley Ranch Road to the "Country Access" standard specified in the Asset Management Plan from the intersection with Upper River Road to the driveway to Parcel 4. The permit shall be reviewed and approved by the County Engineer and the Fire Marshal. 10. Prior to issuance of building permits for residences on Parcels 5, 8 and 9, the Applicant shall obtain an Access Permit to improve the applicable driveways from Aspen Valley Ranch Road to the driveways to the building envelopes on those parcels to the "driveway" standard in the Asset Management Plan, but with a minimum of 16' wide driving surface. The permit shall be reviewed and approved by the County Engineer and the Fire Marshal. The Country Access standard is no longer presented in the current 2016 Pitkin County Road Maintenance and Management Plan, but we have attached the Country Access standard from the 2006 Pitkin County Asset Management Plan. The Country Access classification calls for two 8' lanes with 0' to 2' shoulders and a construction section of 4" of base course. The driveway standard requires a 16' wide access with an all-weather gravel surface. This standard has stayed consistent throughout from the 2006 Asset Management Plan through the current 2016 Road Maintenance and Management Plan. The actual design and construction of AVR roads is as follows: L NWC)OD Sl"RINGS 118 West Sixth Sl, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 AVR-Roads Page 2 SSGM wWw' S9M-Inc_.c'0M - From Upper River Road through the gate, the recent development maintained the prior road widths, which were all greater than 16'. Asphalt surfacing was provided. - From just beyond the gate past Homesteads 1, 2, 3, 4 and 5, the road contains 20' of asphalt width plus 2' gravel shoulders on each side. This also continues through to Aspen Valley Downs Road intersection. - From Homestead 4 to Homestead 8, the road contains 16' of asphalt width with 2' shoulders on each side. - From the main loop road up to the Homestead 5 driveway, the road is 16' wide with asphalt surfacing and 2' wide shoulders on each side. - The historic barn access road on the west side of the Core area varies in width due to pre-existing constraints such as steep slopes and buildings. The majority is designed to the 16' width driveway standard, but a few short sections are as narrow as 12'-13'. Therefore, the design and construction of roads within Aspen Valley Ranch meets or exceeds the requirements Resolution No. 112-2005: - The road from Upper River Road to Homestead 4 meets or exceeds the design standards for Country Access, as required. - The road from Homestead 4 to Homestead 8 was built to Country Access standards, which exceed the driveway standards that were required in the Resolution. The same applies for the road to Homestead 5. - Although not addressed in the Resolution, the access road to the historic barn meets at least the driveway standard in all but a few areas where existing constraints limited width. Please let me know if you need any additional information. Sincerely, SGM 1r'trK 'i=. Matthew T. Webster, COO cc: Jay W. Hammond, P.E., Principal, Aspen Office ATTACHMENT 6 Class III: Local Access jIy_.��' I v- 3";*phali or chip w;il I ) // .. /�$"brims // _ $" cub.buRe Design {:'apaOly: 700,1000 V -RD. Suggested Sp<.cd& 35 rn.p.h. Class IV: Rural Access 2" ultip scuff or glovcl 6" hlyic' Design Capacity: 250- 7j0 VY Il. Suggostctl Speed: 25 m.p.h. Class V-A; Country Access 2n' Mip Capacity: 25-300 VAT). Suggcswd Spoed: '2t} tmp,h. Class V -I3: Pflrrliti'vu 3"•6" (fill bust --1 >..1 d' De-%ign Cupauity: Less than 25 V.RD- SuPgelfried Speed: 15 m.p.h, 41 ATTACHMENT? FIGURE 7-1: SHIELDED LIGHTING FIXTURES (BELOM FIGURE 7-2: OPAQUE TRANSLUCENT FIXTURES (BELOW} Source: Figure 7-1: Image 1: Courtesy of Spero Lighting; Image 2: Courtesy of Remcraft Lighting; Image 3: Courtesy of Focus Lighting; Image 4:: Courtesy of Latigo Lighting. Figure 7-2; Image 1: Courtesy of Evergreen Lighting; Image 2: Courtesy of Seascape Lighting; Image 3: Courtesy of Kichier Lighting; Image 4: Courtesy of Troy Lighting Vehicular intersections 10.5 -- 1.0 Pitkin County Land Use Code CHAP"CNet 7 — DEVELOPMENT STANDARDS July 2006 Pape 96 NCN L� C LL LL O F o�o U ¢ �o rw UU ¢O U ? Q � �m O� w K N w Q U o n a o a o a p n o N M N ltl {O 00 t9 t9 b9 N �/i ✓1 M A H W fR M pW ry; b3 ' K'. fA V3 64 t9 b9 uy .H a 0 ff1 O d 9 O 4 9 9 N N N N N N N O cA f9 N N O N N. O ti N O O O 9 P O e J J h 0 J 1 ¢ ¢ ¢ N N b O O 6 P P P 4 r d U a' uj 0 U L7 z Z u z o Z U W U {9 W aJ of O w a i w a (7 LL h F o O w az _ m ort o --� q x w wL� n¢ o o¢ w vai w t7 6 From: Brian Pawl To: Tom Newland Cc: Joanna Schaffner; Larisa LaLonde; Suzanne Wolff Subject: Appeal far Permit 0015.2015.PRBU Date: Friday, May 14, 2017 4:31:48 PM Tom, I received your permit expiration appeal today. I researched this address and there was an Electrical inspection associated with an Electrical permit at this address dated 05/10/2017 which would extend all permits assigned to this address for another 180 days. Therefor, 0015.2015.PRBU is not expired according to the building department's standard protocol. If there are other issues that could be determined as a permit issued in error, then that is still a possibility. The Planning and Zoning Department could potentially direct my department to revoke a permit issued in error in that instance. Brian Brian M. Pawl, C.S.O., M.C.P. Chief Building Official Pitkin County Community Development 130 S. Galena St, Aspen CO 81611 Desk * 970 920 5443 Cell # 970 456 2113 Fax # 970 920 5439 brian.12awl @12itkincounty.com MISCELLANEOUS DOCUMENTS PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920-5526/FAX# (970) 920-5439 November 6, 2017 David Myler 211 Midland Avenue, Suite #201 Basalt, CO 81621 dmyler@mylerlawpc.com Re: Aspen Valley Ranch Appeal of Lighting Permit Denial (PID #2643-042-00-033; CASE# P080-17) Dear Mr. Myler: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review by the Board of County Commissioners on Wednesday, December 20, 2017, at a meeting to begin at 12:00 P.M. in the Library (Dunaway) Meeting Room, 120 North Mill Street, Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Shiles Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00043250 Name: AVR AH LLC Date: 10/25/2017 Project Address: 1222 ASPEN VALLEY RANCH RD Type: check # 3194 Permit Number Fee Description Amount 0080.2017.PLAN PP- Flat Fee 975.00 0080.2017.PLAN PP- Clerk Fee 375.00 Total: 1,350.00