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Home My WebLink Aboutpitkin.planning.264320300006;264315302003;264314100003 (2018)Parcel ID: 2643-15-3-02-003 Application Date: 6/28/18 Case No: P053-1 Description: Craig/Tasker/Woody Creek Farms LLC Extension of Vested Rights Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 6 Project Address: 2058 WOODY CREEK RD, WOODY CREEK, CO 81656 % Over Hours: 7.2 Property Owner: CRAIG Address: PO BOX 245 Owner Phone: WOODY CREEK, CO 81656 Owner's REP: ALAN RICHMAN Address: PO BOX 3613 REP's Phone: (970) 920-1125 ASPEN, CO 81612 REP's Email: arichman@sopris.net Referrals: COUNTYATTORNEY REFERRAL Other Referrals: Woody Creek Caucus NONE OPEN SPACE & TRAILS REFERRRAL ALL OTHER REFERRALS Comments Due Date: 09/07/2018 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 09/26/2018 Review Body: bocc Public Hearing? yes Notice Date: 08/23/2018 Meeting Notes: Approvals: BOCC Resolution #: 066-2018 #651062 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: 09/26/2018 Plat Recorded Date: VR Expires Date: 09/26/2028 Plat (Bk, PG): Remarks: Development Agreement #340-2018 #653196 Application Type: Vested Rights - Extension/Reinstatement Parcel ID: 2643-14-1-00-003 Application Date: 6/28/18 Description: Craig/Tasker/Woody Creek Farms LLC Extension of Vested Rights Project Address: 2058 WOODY CREEK RD, WOODY CREEK, CO 81656 Property Owner: CRAIG Address: PO BOX 245 WOODY CREEK, CO 81656 Owner's REP: ALAN RICHMAN Address: PO BOX 3613 ASPEN, CO 81612 REP's Email: arichman@sopris.net Case No: P053-1 Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 6 % Over Hours: 7.2 Owner Phone: REP's Phone: (970) 920-1125 Referrals: COUNTYATTORNEY REFERRAL Other Referrals: Woody Creek Caucus NONE OPEN SPACE & TRAILS REFERRRAL ALL OTHER REFERRALS Comments Due Date: 09/07/2018 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 09/26/2018 Review Body: bocc Public Hearing? yes Notice Date: 08/23/2018 Meeting Notes: Approvals: BOCC Resolution #: 066-2018 #651062 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: 09/26/2018 Plat Recorded Date: VR Expires Date: 09/26/2028 Plat (Bk, PG): Remarks: Development Agreement #340-2018 #653196 Application Type: Vested Rights - Extension/Reinstatement Parcel ID: 2643-23-3-00-006 Application Date: 6/28/18 Description: Craig/Tasker/Woody Creek Farms LLC Extension of Vested Rights Project Address: 2058 WOODY CREEK RD, WOODY CREEK, CO 81656 Property Owner: CRAIG Address: PO BOX 245 WOODY CREEK, CO 81656 Owner's REP: ALAN RICHMAN Address: PO BOX 3613 ASPEN, CO 81612 REP's Email: arichman@sopris.net Case No: P053-1 Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 6 % Over Hours: 7.2 Owner Phone: REP's Phone: (970) 920-1125 Referrals: COUNTYATTORNEY REFERRAL Other Referrals: Woody Creek Caucus NONE OPEN SPACE & TRAILS REFERRRAL ALL OTHER REFERRALS Comments Due Date: 09/07/2018 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 09/26/2018 Review Body: bocc Public Hearing? yes Notice Date: 08/23/2018 Meeting Notes: Approvals: BOCC Resolution #: 066-2018 #651062 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: 09/26/2018 Plat Recorded Date: VR Expires Date: 09/26/2028 Plat (Bk, PG): Remarks: Development Agreement #340-2018 #653196 Application Type: Vested Rights - Extension/Reinstatement 111111 I l llf I IIII I III I III 11111f I I I III IIII II I I II 11111 IIIII 111111111111111111 RECEPTION#: 651062, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 5, 10/1012018 at 09: 53:50 AM Janice K. Vas Caudill, Pitkin County, CO RF,SO1,LJTION Off TIIF: 130ARD OF COT 1NTV CONNMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A TEN (10) YEAR F.XTF.NSION OF VESTED REAL PROPERTY RIGHTS FOR CRAIG RANCH PARCELS 3,5 AND 6 Resolution No. 466-20IS RECITALS I. 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. Michael Craig and Elizabeth Tasker, and Woody Creek Farms LLC ("Applicant') have app]ied to the Pitkin County Board of County Commissioners ("BOCC") to request a ten (10) year extension of the vested real property rights for Craig Ranch Parcels 3, 5 and 6, pursuant to Sec. 2-20-170(d) of the Land Use Code ("Code"). The vested rights are associated with the approvals granted pursuant to BOCC Resolution No. 144-2004 and amended by BOCC Resolution No. 043-2007. 3. The parcels are located on Woody Creek Road, and are described as Parcels 3, 5 and b, Craig Ranch Parcels. 4. The three parcels are zoned RS -20 and contain 305.9 acres (Parcel 3), 90.2 acres (Parcel 5, and 10 0. 0 acres (Parcel 6). 5. The Craig Ranch was split into eight (8) parcels, each containing more than 35 acres in size, therefore, County approval was not required. The Subdivision Exemption Plat was recorded in Plat Book 68 at Page 62. 6. The BOCC rezoned Parcel l to Rural/Remote, pursuant to Ordinance No. 44-2004. The County then issued 8 TD Rs ( l TDR135 acres) and sterilized the parcel (Deed Restriction recorded at Reception H525496). The TDRs were proposed to be utilized on the remaining 7 parcels. 7. The BOCC. approved Resolution No. 144-2004, which established building envelopes on each parcel and approved the use of'I'DRs for initial development rights and additional floor area on the parcels to develnp up to a maximum of 7,500 square feet of floor area on each parcel. The BOCC granted a fifteen (l5) year vested right, which wiIi expire on October 13, 2019. A Development Agreement memorializing the conditions of approval and the vested rights was recorded as Reception 4525493. The BOCC approved Resolution No. 043-2007, which combined Parcels 2 and 3 into a single parcel (Parcel 3) and allowed for development of a maximum floor area of 10,750 square feet of floor area on Parcel 3. The amended plat was recorded in Plat Book 85 at Page 87. The Development Agreement was amended to reflect the merger of Parcels 2 and 3, and was recorded as Reception 9544769. 9. The ROCC heard this application ata duly noticed public hearing on September 26, 2018; at which time evidence and testimony were presented with respect to this application. ke.sohitiori No. Obb -2017 Page 2 --- 10. The BOCC f irids that it is appropriate to grant a 10 year extension of the vested rights, given the Applicant's compliance with applicable conditions of approval to date and the benefits received by the County as a result of the approval, inclLid irig the 1`0 1 lowing: A. Dedication of a 60' right-ol=way for Woody Creek Road to the County. R. Recordation ol'an Historic Preservation Covenant ensuring the preservation of the historic structures on Parcels 4 and S. C. Donation of a Conservation Easement to Pitkin County, which encumbers the land outside of the approved building envelope on Parcel 3 (approximately 300 acres). D. Downzoning of 300 acres of the ranch from RS -20 to Rural/Demote, and sterilization of the land against all development. F. Limiting development to 0 parcels, where in the RS -20 zone district, the potential allowable density for the original 1,100 acre ranch was 50 units. I'. Limiting the floor area of Parcels 4-8 to 7,500 square feet and the floor area of Parcel 3 to 10,750 square feet (where a maximum floor area of 15,000 square feet was allowed on each parcel). Floor area is calculated based on the County's regulations in effect at the tithe of building permit application. 11. The BOCC further finds that the conservation development plan for the ranch has helped to preserve the rural character of Woody Creek and limited the development potential of the ranch to a level considerable below what would otherwise have been anticipated, and is are consistent with the goals of the 2016 Woody Creek Caucus Master Plan. 12. The BOCC further finds that for the parcels have been maintained as productive agricultural land and wildlife habitat while development approvals have been in place, but have not yet been effected. 13. The BOCC further finds that it is appropriate to modify the approvals to conform with the terms and provisions of the current Code, as specified in the conditions below. 14. 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 approve the Craig Ranch Parcels 3, 5 and 6 Extension of Vested Real Property Rights, subjeet to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other condItiotls. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution Nos. 144-2004 and 043-2007. ']'he conditions of those Resolutions shall remain in full force and effect, except as amended herein. 3. Within 90 days of the date of this approval, the Applicant shall submit for recordation an Amended and Re -Stated Development Agreement for Parcels 3, 5 and b to memorialize the conditions of this approval. The Agreement shall be reviewed as to forin and content by the County Attorney and Community Development Director, prior to recordation. Resohition +x(466 -2011 Page 3 4. Prior to submission of any building or other development permit applications for each of Parcels 3. 5 and 6, the owner shall be required to submit for approval an application for Site Alan Review=, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A. Demonstrate compliance with the standards in Sec. 7-20-120(d) for development within the Scenic View Protection Area and with the rural character guidelines for building location in Sec. 7-20-120(e) of the Code, B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWL'S) that complies with the then current OW'L'S regulations. C. Submit a landscaping and tree removal/mitigation plan. An arborist shall address how remaining trees will be protected from impacts associated with the construction. D. Submit a driveway plan and profile. L. Establish an Activity Envelope to encompass all development, including structures, landscaping, OWTS, etc. F. For Parcels 5 and 6, provide a geoteehn1caI evaluation of the alluvial fate from a geotechnical engineer. Any recommended mitigation measures shall be included on the Site Plan. 5. Prior to issuance of a building permit for the residence, each owner shall pay the applicable employee housing and road impact fees. 6. The owners of Parcels 3, 5 and 6 are not. required to produce a PM 10 mitigation plan, The Applicant shall comply with the following roofing requirements: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch arc not permitted unless they comply with the following: A. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. B. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. C. Protrusions above the roofline, such as parapets, shall be prohibited. D. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 1'.. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 8. Water Supply Ibr Fire Safety: Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The parcel shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire bislrict). 9. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity enveiope within such setbacks does not assure approval of a variance. Resuhi ion 14'466 -2017 Page 4 10. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. `These requirements will be considered at the time of building permit. Any structures represented in the applieation may not be permitted under building and zoning regulations. 1 1. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-107. The statutory vested rights granted lierein shall expire on September 26. 2028. Resolution !1o.��-20! i page 5 NOTICE OF PUBLIC HEARING PUBLISHED 1N THE ASPEN TIMES WEEKLY on the 30`x' day of August, 2018. APPROVED AND ADOPTED on the 26"' day of September, 2018. PUBLISHED AFTER gAOPT1M FOR VESTED REAL PROPERTY RIGHTS in the Asper,Times Weekly on the Iay of 2018. 1ST: BOARD OF COUNTY COMMISSIONERS OF PTT N COUN 1'Y, COLORADO t ]ones,i Clapper, Chair y 0crk and Re rder Date: APPROVED AS TO FORM: APPROWD AS TO CONTENT: -4t4krr-E ' t '�ti ,� Cin • Houben, ��County Attorney Community Development Director Case ##P053-18 PID #264314100003;264315302003;264323300006 MEMORANDUM TO: Board of County Commissioners Regular Meeting — September 26, 2018 THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Assistant Director RE: Resolution Approving a Ten (10) Year Extension of Vested Real Property Rights for Craig Ranch Parcels 3, 5 and 6 SUMMARY: Pursuant to Section 2-20-170, the Applicant is seeking a ten (10) year extension of the vested rights associated with the approvals granted pursuant to BOCC Resolution No. 144-2004 and amended by BOCC Resolution No. 043-2007. APPLICANT: Michael Craig and Elizabeth Tasker, Woody Creek Farms LLC REPRESENTATIVE: Alan Richman LOCATION: Craig Ranch Parcels, Woody Creek Road ZONING/LOT SIZE: The three parcels are zoned RS -20 and contain: • Parcel 3 — 305.9 acres • Parcel 5 — 90.2 acres • Parcel 6 — 100.0 acres EXISTING CONDITIONS/BACKGROUND: All three parcels are vacant. Parcel 3 is on the north side of Woody Creek Road. Parcels 5 and 6 are on the south side of Woody Creek Road. • The Craig Ranch was split into eight (8) parcels, each containing more than 35 acres in size; therefore, County approval was not required. The Subdivision Exemption Plat was recorded in Plat Book 68 at Page 62. • The BOCC rezoned Parcel 1 to Rural/Remote, pursuant to Ordinance No. 44-2004. The County then issued 8 TDRs (1 TDR/35 acres) and sterilized the parcel (Deed Restriction recorded at Reception #525496). The TDRs were proposed to be utilized on the remaining 7 parcels. • The BOCC approved Resolution No. 144-2004, which established building envelopes on each parcel and approved the use of TDRs for initial development rights and additional floor area on the parcels to develop up to a maximum of 7,500 square feet of floor area on each parcel. The BOCC granted a fifteen (15) year vested right, which will expire on October 13, 2019. A Development Agreement memorializing the conditions of approval and the vested rights was recorded as Reception #525493. • The BOCC approved Resolution No. 043-2007, which combined Parcels 2 and 3 into a single parcel (Parcel 3) and allowed for development of a maximum floor area of 10,750 square feet of floor area on Parcel 3. The amended plat was recorded in Plat Book 85 at Page 87. The Development Agreement was amended to reflect the merger of Parcels 2 and 3, and was recorded as Reception #544769. Parcel 4 has been sold and redeveloped. Parcel 7 was sold and a single family residence was built. Parcel 8 sold this summer. REFERRAL COMMENTS: The Woody Creek Caucus District Planning Commission recommends a three year extension, rather than the requested 10 year extension. Janet Schoeberlein submitted a "dissenting opinion" that supports the 10 year extension. Neighbor Margaret Reckling supports the requested 10 year extension. Open Space and Trails also supports the request. STAFF COMMENTS: VESTED RiGHTs EXTENSION: The Applicant is requesting a 10 year extension of the vested rights for Parcels 3, 5 and 6. No development has occurred on any of the parcels. All three parcels are listed for sale. While the vested rights do not expire until next year, the pending expiration is a factor in the marketing of the parcels, as it will take time for a new owner to complete plans to submit for review and permit. Pursuant to Land Use Code Sec. 2-20-170(c)(2): A vested right, as defined in C.R.S. 24-68-101 et. seq., may be vested for a period longer than three (3) years through the use of a development agreement. A development agreement is an agreement between the County and the property owner providing that vested rights will be granted for a longer term in return for additional certainty or benefits granted by the property owner to the County regarding a specific final development of the property. For example, vested right for periods longer than the statutory three (3) year period may be considered if (a) the applicant makes commitments that the property will protect significantly more open space, or will provide significantly more affordable housing, than would otherwise be required by this Land Use Code, or (b) the proposed development will be completed in phases, and the County and applicant wish to agree on the timing of those phases and related infrastructure requirements. Development agreements shall not be used simply to extend the three (3) year vesting period when significant additional contributions of open space or affordable housing (beyond the requirement of this Land Use Code) are not made, and a phased development is not involved, or simply to provide additional flexibility in the timing of development. A Development Agreement was recorded to memorialize the original 15 year vested right granted in 2004. The Applicants propose to enter into an updated and re -stated development agreement for Parcels 3, 5 and 6. Pursuant to Sec. 2-20-170(d), the BOCC shall consider the following criteria in reviewing a request for an extension of vested property rights: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: Subsequent to the BOCC's 2004 approval, the Applicant has complied with those conditions of approval that were required to be accomplished at this stage of the development process: • Recorded 1041 Hazard Review Site Plans for Parcels 2-8. • Recorded a Development Agreement, which was amended after the merger of Parcels 2 and 3. • Recorded a Deed Restriction sterilizing Parcel 1. • Recorded a Historic Preservation Covenant as Reception #525494 to protect the historic structures on Parcels 4 and 8. • Dedicated a 60' right-of-way for Woody Creek Road to the County on the plat for the use and benefit of the general public. The right-of-way was conveyed to the County in fee simple by the deed recorded as Reception #525492. 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: The Applicants have recorded all required documents required to pursue the project. The Applicants will not be the ultimate developers of the parcels, and have not pursued any permits for the parcels. The Applicants estimate that they have spent in excess of $350,000 to date on professional services and County fees associated with the project. 3. The nature and extent of any benefits already received by the County as a result of project approval, such as impact fees or land dedications. Response: The County has received the following benefits as a result of the project approval: • A 60' right-of-way for Woody Creek Road was dedicated to the County. • An Historic Preservation Covenant was recorded ensuring the preservation of the historic structures on Parcels 4 and 8. • The Applicants agreed that each owner would pay a road impact fee at the time of building permit issuance, and did not request a credit for the right-of-way dedication to offset the fee. • The Applicants agreed that the floor area for the parcels would be calculated based on the County's regulations in effect at the time of building permit application, rather than based on the regulations in effect at the time of the approval. • The owners of Parcel 3 voluntarily donated a Conservation Easement to Pitkin County, which encumbers the land outside of the approved building envelope on Parcel 3 (approximately 300 acres); the Conservation Easement is recorded as Reception #545337. In addition, as part of the approval process, the Applicants: Downzoned 300 acres of the ranch from RS -20 to Rural/Remote, and sterilized the land against all development. Reduced the property to 6 developable parcels. Under the RS -20 zone district, the potential allowable density for the 1,100 acre ranch was 50 units. Limited the floor area of Parcels 4-8 to 7,500 square feet and the floor area of Parcel 3 to 10,750 square feet (where a maximum floor area of 15,000 square feet was allowed on each parcel). As noted in the application, these actions have helped to preserve the rural character of Woody Creek and have limited the development potential of the ranch to a level considerable below what would otherwise have been anticipated. These actions are consistent with the goals of the 2016 Woody Creek Caucus Master Plan. In addition, for 15 years the parcels have remained vacant and have been maintained as productive agricultural land and wildlife habitat. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: As specified above, the needs of the County have been well served by the development approvals that were granted in 2004, which created a conservation development plan for the ranch. An extension of the vested rights would acknowledge that the plan is still valid and consistent with current goals and regulations. The Applicant notes that they are not in a position to offer additional public benefits to obtain the extension, but feels that the previously offered and accepted benefits continue to be meaningful to the public. Sec. 2-20-170(d) states, "Unless explicitly stated in the resolution or decision of the Board authorizing the extension or reinstatement, the vested right shall be modified ... to require that the approved development conform to the terms and provisions of the Land Use Code on the date of the extension or reinstatement." There are several changes to the Code that are incorporated in the conditions of approval: • The owners of Parcels 3, 5 and 6 shall pay the applicable employee housing impact fee at building permit. • Development on Parcels 3, 5 and 6 shall be subject to Site Plan Review, prior to building permit application. At that time each owner shall establish an Activity Envelope to encompass all development, including structures, landscaping, OWTS, etc. • With the Site Plan Review applications for Parcels 5 and 6, the owners shall provide geotechnical evaluations of the alluvial fan. • The wildlife mitigation conditions shall include additional current regulations. • The roofing requirements shall be updated. • A PM10 mitigation plan is no longer required. With these changes to the conditions of approval to conform to the current terms and provision of the Code, and given the benefits associated with the original development approval, staff would support a 10 year extension. RECOMMENDATION: Staff recommends that the BOCC adopt the "Resolution Approving a Ten (10) Year Extension of Vested Real Property Rights for Craig Ranch Parcels 3, 5 and 6." ATTACHMENTS: A. Woody Creek Caucus District Planning Commission B. Janet Schoeberlein C. Margaret Reckling D. Pitkin County Open Space & Trails E. Application RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A TEN (10) YEAR EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR CRAIG RANCH PARCELS 3,5 AND 6 Resolution No. -2018 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. Michael Craig and Elizabeth Tasker, and Woody Creek Farms LLC ("Applicant") have applied to the Pitkin County Board of County Commissioners ("BOCC") to request a ten (10) year extension of the vested real property rights for Craig Ranch Parcels 3, 5 and 6, pursuant to Sec. 2-20-170(d) of the Land Use Code ("Code"). The vested rights are associated with the approvals granted pursuant to BOCC Resolution No. 144-2004 and amended by BOCC Resolution No. 043-2007. 3. The parcels are located on Woody Creek Road, and are described as Parcels 3, 5 and 6, Craig Ranch Parcels. 4. The three parcels are zoned RS -20 and contain 305.9 acres (Parcel 3), 90.2 acres (Parcel 5, and 100.0 acres (Parcel 6). 5. The Craig Ranch was split into eight (8) parcels, each containing more than 35 acres in size; therefore, County approval was not required. The Subdivision Exemption Plat was recorded in Plat Book 68 at Page 62. 6. The BOCC rezoned Parcel 1 to Rural/Remote, pursuant to Ordinance No. 44-2004. The County then issued 8 TDRs (1 TDR/35 acres) and sterilized the parcel (Deed Restriction recorded at Reception #525496). The TDRs were proposed to be utilized on the remaining 7 parcels. 7. The BOCC approved Resolution No. 144-2004, which established building envelopes on each parcel and approved the use of TDRs for initial development rights and additional floor area on the parcels to develop up to a maximum of 7,500 square feet of floor area on each parcel. The BOCC granted a fifteen (15) year vested right, which will expire on October 13, 2019. A Development Agreement memorializing the conditions of approval and the vested rights was recorded as Reception #525493. 8. The BOCC approved Resolution No. 043-2007, which combined Parcels 2 and 3 into a single parcel (Parcel 3) and allowed for development of a maximum floor area of 10,750 square feet of floor area on Parcel 3. The amended plat was recorded in Plat Book 85 at Page 87. The Development Agreement was amended to reflect the merger of Parcels 2 and 3, and was recorded as Reception #544769. 9. The BOCC heard this application at a duly noticed public hearing on September 26, 2018, at which time evidence and testimony were presented with respect to this application. Resolution No. -2017 Page 2 10. The BOCC finds that it is appropriate to grant a 10 year extension of the vested rights, given the Applicant's compliance with applicable conditions of approval to date and the benefits received by the County as a result of the approval, including the following: A. Dedication of a 60' right-of-way for Woody Creek Road to the County. B. Recordation of an Historic Preservation Covenant ensuring the preservation of the historic structures on Parcels 4 and 8. C. Donation of a Conservation Easement to Pitkin County, which encumbers the land outside of the approved building envelope on Parcel 3 (approximately 300 acres). D. Downzoning of 300 acres of the ranch from RS -20 to Rural/Remote, and sterilization of the land against all development. E. Limiting development to 6 parcels, where in the RS -20 zone district, the potential allowable density for the original 1,100 acre ranch was 50 units. F. Limiting the floor area of Parcels 4-8 to 7,500 square feet and the floor area of Parcel 3 to 10,750 square feet (where a maximum floor area of 15,000 square feet was allowed on each parcel). Floor area is calculated based on the County's regulations in effect at the time of building permit application. 11. The BOCC further finds that the conservation development plan for the ranch has helped to preserve the rural character of Woody Creek and limited the development potential of the ranch to a level considerable below what would otherwise have been anticipated, and is are consistent with the goals of the 2016 Woody Creek Caucus Master Plan. 12. The BOCC further finds that for the parcels have been maintained as productive agricultural land and wildlife habitat while development approvals have been in place, but have not yet been effected. 13. The BOCC further finds that it is appropriate to modify the approvals to conform with the terms and provisions of the current Code, as specified in the conditions below. 14. 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 approve the Craig Ranch Parcels 3, 5 and 6 Extension of Vested Real Property Rights, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution Nos. 144-2004 and 043-2007. The conditions of those Resolutions shall remain in full force and effect, except as amended herein. 3. Within 90 days of the date of this approval, the Applicant shall submit for recordation an Amended and Re -Stated Development Agreement for Parcels 3, 5 and 6 to memorialize the conditions of this approval. The Agreement shall be reviewed as to form and content by the County Attorney and Community Development Director, prior to recordation. 4. Prior to submission of any building or other development permit applications for each of Parcels 3, 5 and 6, the owner shall be required to submit for approval an application for Site Plan Review, Resolution No. -2017 Page 3 pursuant to Secs. 2-30-20 and 7-10-50 of the Code. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A. Demonstrate compliance with the standards in Sec. 7-20-120(d) for development within the Scenic View Protection Area and with the rural character guidelines for building location in Sec. 7-20-120(e) of the Code. B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. C. Submit a landscaping and tree removal/mitigation plan. An arborist shall address how remaining trees will be protected from impacts associated with the construction. D. Submit a driveway plan and profile. E. Establish an Activity Envelope to encompass all development, including structures, landscaping, OWTS, etc. F. For Parcels 5 and 6, provide a geotechnical evaluation of the alluvial fan from a geotechnical engineer. Any recommended mitigation measures shall be included on the Site Plan. 5. Prior to issuance of a building permit for the residence, each owner shall pay the applicable employee housing and road impact fees. 6. The owners of Parcels 3, 5 and 6 are not required to produce a PM10 mitigation plan. 7. The Applicant shall comply with the following roofing requirements: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: A. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. B. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. C. Protrusions above the roofline, such as parapets, shall be prohibited. D. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. E. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 8. Water Supply for Fire Safety: Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The parcel shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire District). 9. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. Resolution No. -2017 Page 4 10. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 11. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on September 26, 2028. Resolution No. -2017 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 30'h day of August, 2018. APPROVED AND ADOPTED on the 26h day of September, 2018. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the _ day of , 2018. ATTEST: Jeanette Jones, Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patti Clapper, Chair Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Case 4P053-18 PID#264314100003; 264315302003; 264323300006 Subject: Craig request for vested rights extension Woody Creek From: Valerie Braun <braunva@gmail.com> To: Suzanne Wolff <suzanne.wolff@pitkincounty.com> Cc: Bill Dinsmoor <mainstreetbakery@comcast.net> Date Sent: Monday, August 20, 2018 7:05:23 PM GMT -06:00 Date Received: Monday, August 20, 2018 7:05:34 PM GMT -06:00 August 20, 2018 Dear Suzanne, The Woody Creek Planning Committee agreed this afternoon to recommend that the vested rights' extension be granted to the Craig request. We support the County's three year extension protocol and would not support a ten year extension. Thank you. Woody Creek Planning Committee 1/1 Subject: Craig/Tasker Woody Creek Farms LLC Extension of Vested Rights From: janet k schoeberlein <janetkayes@gmail.com> To: Suzanne Wolff <Suzanne.wolff@pitkincounty.com> Date Sent: Tuesday, September 11, 2018 12:03:58 PM GMT -06:00 Date Received: Tuesday, September 11, 2018 12:04:09 PM GMT -06:00 The Woody Creek Caucus District Planning Commission has considered the subject application, and has previously furnished you their opinion. I am a member of that Commission and was not present at the time the previous decision was made. I am therefore filing this dissenting opinion, which has the approval of one other member of the Commission. We take notice of the fact that the applicants have sterilized hundreds of acres of their land by means of conservation easements and donations to Pitkin County Open Space; they have entered into agreements to preserve historic buildings; they have donated a road right of way to the County; they have taken many actions to meet County requirements and have helped to preserve the rural character of Pitkin County. They are natives of Pitkin County and have donated many years of service to the County. We therefore feel that an extension of the vested rights is appropriate. We recognize that three year extensions are standard in the County, but this is a large rural parcel, which will take some time to develop. If the County feels that ten years is excessive and creates the wrong precedent, we would advocate at least a six year extension. Janet K. Schoeberlein PO Box 423, Woody Creek, CO 81656 970-923-0040, fx 970-922-7295 1/1 9/19/2018 Pitkin County Mail - Craig Ranch Extension: corrections 4?17'»1N COUNT'S' Suzanne Wolff <suzanne.wolff@pitkincounty.com> Craig Ranch Extension: corrections Margaret Reckling <margreck880@gmail.com> Tue, Aug 21, 2018 at 10:38 AM To: Suzanne.Wolff@pitkincounty.com Cc: patti.clapper@pitkincounty.com, rachel.richards@pitkincounty.com, greg.poschman@pitkincounty.com, steve.child@pitkincounty.com, george.newman@pitkincounty.com, Margaret Reckling <margreck880@gmail.com> Dear Suzanne, In reviewing my neighbors' (Michael Craig and Jennifer Craig) application cover letter from Alan Richman I noticed some errors that I felt were important to correct. On Page 2 of Alan Richman's letter under Property Description: The Craig Ranch is not located on the east/west sides of Woody Creek Road but actually the north/south sides of Woody Creek Road with Parcels 1-3 to the north, 4-6 and 7-8 to the south of the road. On Page 8 the 3rd paragraph under Response: He incorrectly states that, "Neither of them (Michael Craig or Jennifer Craig) has yet to receive financial gain from the land use approvals their family sought and obtained." In fact, they have benefitted financially because Parcel 4 was sold on April 22, 2013, 1 was the purchaser. On the Craig Ranch Vicinity Map Parcels 7 & 8 are incorrectly labeled in handwritten red ink. Parcel 7 is where 8 is written while Parcel 8 is the large open parcel to the northwest, south of Woody Creek. As for the request itself, I have no objections to their request for an increase in the normal time (3 years) extension to 10 years. Sincerely, Margaret Reckling Margaret Wilson Reckling Diamond W Ranch PO Box 673 Woody Creek, CO 81656 ranch office 970-923-9421 https://mail.google.com/mail/u/0?ik=e34619b968&view=pt&search=all&permmsgid=msg-f%3Al6O9427328725327321 &simpl=msg-f%3Al 6094273287... 1/1 yQ pC E e,T TO: CL �'yr FROM: O RE: DATE: Suzanne Wolff, Pitkin County Community Development Pitkin County Open Space and Trails Craig Ranch Extension of Vested Rights August 15, 2018 Pitkin County Open Space and Trails (OST) appreciates the opportunity to review the Craig Ranch Extension of Vested Rights dated June 28, 2018 and offers the following comments as the plan relates to parks, trails and open space within Pitkin County. The mission of the Pitkin County Open Space and Trails Board of Trustees is to acquire, preserve, maintain and manage open space properties for multiple purposes including, but not limited to, recreational, wildlife, agricultural, scenic and access purposes; and to acquire, preserve, develop, maintain and manage trails for similar purposes. OST was involved with the family plan to conserve and restrict development on their parcels in 2007 and was comfortable with the plan. OST is still in support of the development plan since no changes are proposed and Michael Craig, Elizabeth Tasker, and Woody Creek Farms LLC have been good stewards of the land and have followed through with the 2007 provisions and conditions of the original development approvals. Please contact OST staff if you any questions. Sincerely, Paul Holsinger Agriculture and Conservation Easement Administrator ALAN RICNMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 June 28, 2018 Ms. Suzanne Wolff, Deputy Planning Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: CRAIG RANCH EXTENSION OF VESTED RIGHTS Dear Suzanne, This is an application requesting a ten (10) year extension of the vested rights previously granted to Parcels 2/3, 5 and 6 of the Craig Ranch Subdivision. The Craig Ranch Subdivision is located along Woody Creek Road, as shown on the attached vicinity map. The following table identifies the owner and the Pitkin County Parcel ID # of each lot. The application is being submitted by Michael Craig and Jennifer Craig (Manager of Woody Creek Farms LLC), the owners of these parcels (hereinafter, "the applicants"). A legal description and proof of ownership of these parcels is provided in the Commitments for Title Insurance attached hereto as Exhibits #1 and #2. The applicants are being represented by Alan Richman Planning Services for this application. Letters from the applicants confirming this arrangement are attached as Exhibits #3 and #4. Staff issued a pre -application conference summary form for this proposal (see Exhibit #5). In that document staff indicates that the development review procedure established by the Pitkin County Land Use Code to accomplish this request is as follows: Extension or Reinstatement of Vested Property Rights, pursuant to Section 2-20-170 (d) of the Land Use Code. Craig Ranch Subdivision Extension of Vested Rights Page 1 TABLE 1 OWNERSHIP SUMMARY FOR CRAIG PARCELS Parcel Number Owner Pitkin County Parcel ID # 2/3 Michael Craig & Elizabeth Tasker 264314100003 5 Woody Creek Farms LLC 264315302003 6 Woody Creek Farms LLC 1264323300006 The application is being submitted by Michael Craig and Jennifer Craig (Manager of Woody Creek Farms LLC), the owners of these parcels (hereinafter, "the applicants"). A legal description and proof of ownership of these parcels is provided in the Commitments for Title Insurance attached hereto as Exhibits #1 and #2. The applicants are being represented by Alan Richman Planning Services for this application. Letters from the applicants confirming this arrangement are attached as Exhibits #3 and #4. Staff issued a pre -application conference summary form for this proposal (see Exhibit #5). In that document staff indicates that the development review procedure established by the Pitkin County Land Use Code to accomplish this request is as follows: Extension or Reinstatement of Vested Property Rights, pursuant to Section 2-20-170 (d) of the Land Use Code. Craig Ranch Subdivision Extension of Vested Rights Page 1 The following sections of this application identify the Code provisions applicable to this procedure and provide responses to the applicable County standards. First, however, a brief description of the previous approvals granted to the Craig Ranch Subdivision and an explanation of the reasons the extension request is being made are presented below. Property Description/Summary of Prior Approvals The Craig Ranch is a nearly 1,100 acre property that has been owned by the Craig family since 1964 (over 50 years). As shown on the vicinity map, the Craig Ranch is located on the east and west sides of Woody Creek Road, approximately 1.5 miles beyond the intersection of Woody Creek Road with Upper River Road. The original plat for the Craig Ranch was recorded in Plat Book 68 at Page 62. That plat split the Ranch into eight (8) parcels, each of which was more than 35 acres in size. As such the subdivision of the lots did not require approval by Pitkin County. The plat shows that Parcels 1-3 are located on the east side of Woody Creek Road. Parcels 4-6 are located on the west side of Woody Creek Road, along the valley floor. Parcels 7 and 8 are also located on the west side of Woody Creek Road, but are situated on the west upper mesa (Paradise Mesa), adjacent to White Star Ranch and Star Mesa. In 2004 the Craig Family submitted a development application to Pitkin County to establish building envelopes on the subdivision parcels and to obtain development allotments for those parcels. This was to be accomplished by rezoning approximately 306 acres of the ranch (Parcel 1) to the Rural and Remote zone district. Doing so would allow the County to issue eight (8) TDR's to the Family (1 TDR per 35 acres) in exchange for sterilizing the development potential of Parcel 1. The TDR's would then be used to establish initial development rights or additional floor area allotments for the other 7 parcels to allow 7,500 square feet of floor area to be developed on each parcel. The Board of County Commissioners granted the requested approvals pursuant to Resolution 144-2004 (see Exhibit #6). The Board also granted a fifteen (15) year vested right to the project. Those vested rights are scheduled to expire on October 13, 2019. In 2007, Michael Craig and Elizabeth Tasker, the owners of Parcels 2 and 3, applied for an amendment to the original approvals. That amendment combined Parcels 2 and 3 into a single parcel with a designated building envelope and allowed for development of a maximum floor area of 10,750 square feet on the parcel. The BOCC approved the amendment pursuant to Resolution 043-2007 (see Exhibit #7), with no change to the expiration date for the vested rights. The amended plat is recorded in Plat Book 85 @ Pages 87-89. The current status of the Ranch Parcels is shown in Table 2 on the following page. Craig Ranch Subdivision Extension of Vested Rights Page 2 TABLE 2 STATUS OF CRAIG RANCH PARCELS Parcel Number Parcel Size Maximum TDR's Status Allowable Required for Floor Area Development? 1 305.9 acres Sterilized No TDR's issued 213 303.0 acres 10,750 sq. ft. Yes: 2 for floor Vacant area > 5,750 4 43.3 acres 7,500 sq. ft. Yes: 1 for floor Developed area > 5,750 5 90.2 acres 7,500 sq. ft. Yes: 1 for floor Vacant area > 5,750 6 100.0 acres 7,500 sq. ft. Yes: 1 for initial Vacant right; 1 for floor area > 5,750 7 83.3 acres 7,500 sq. ft. Yes: 1 for floor Developed area > 5,750 8 153.3 acres 7,500 sq. ft. Yes: 1 for initial Vacant right; 1 for floor area > 5,750 Total Ranch = 1,079 acres 48,250 sq. ft. Yes: 9 TDR's 2 developed, 7 parcels 4 vacant, 1 sterilized Some of the key points that are represented in this table are as follows. • Since the Craig Ranch Subdivision was approved, two of the parcels (Parcel 4 and Parcel 7) have been sold off and developed. • Parcel 1 was deed restricted against any development by a Covenant placed on the property, allowing 8 TDR's to be issued. Parcel 1 remains in the ownership of the Craig family. • Parcels 2 and 3 have been combined into a single parcel that is over 300 acres in size. It has now been almost 14 years since the development approvals were granted to the Craig Ranch and the only development which has occurred on the property has been: (1) the re -development of Parcel 4, including the historic restoration of the original ranch buildings; and (2) the development of a new residence on Parcel 7. Parcel 8 has recently gone under contract and the sale is expected to close at about the time this application has been filed, so development of that parcel is likely to occur at some point in time. The remaining three parcels (Parcel 2/3, which is owned by Michael Craig, and Parcels 5 and 6, which are owned by Jennifer Craig) have been listed for sale but for a variety of Craig Ranch Subdivision Extension of Vested Rights Page 3 reasons, including the economic downturn experienced on a local and national basis during the great recession, sales have not occurred. As a result there has been very little visible change to the Craig Ranch since the original subdivision approvals were granted. Although the vested rights remain in effect until October of 2019, the fact that they are due to expire complicates any real estate transaction that might be contemplated. A prospective purchaser of a lot will need time to prepare plans to use the parcel and to submit those plans to the County in order to obtain a building permit. While it might seem like there is sufficient time between now and October of 2019 for a new owner of a ranch parcel to get this done, experience indicates that it can often take a new owner of a large, complex property in the range of 12-18 months to complete and submit plans for a new residence. So the pending expiration of these vested rights is likely to become an increasing factor in the marketing of these properties over the coming months. Given these circumstances, Michael and Jennifer Craig have determined that they need to approach the County at this time to request this extension. As will be demonstrated in the next section of this application, these applicants have diligently followed -through with the development approvals and satisfied the conditions of approval that are within their powers to complete at this stage of the process. The community has benefited greatly from the actions they have taken and Michael and Jennifer have relied upon these approvals in all of their planning. The applicants respectfully request approval of this vested rights extension as authorized by the Code and as described below. Standards for Extension or Reinstatement of Vested Rights Section 2-20-170 (d) of the Land Use Code authorizes the Board to extend (or to reinstate) vested property rights for a period of up to three (3) years. The applicants seek an extension of ten (10) years. The Colorado Statutes authorize an extension of this length to be granted by the County pursuant to a development agreement between the applicants and the County. Since there is already a development agreement in place for this subdivision, the applicants propose to enter into an updated and re -stated development agreement for these three parcels. Section 2-20-170 (d) also states that a development which is granted an extension (or a reinstatement) of vested rights shall conform to the provisions of the Land Use Code in effect on the date the extension is granted unless the Board explicitly authorizes an exception from the current Code provisions. The applicants are aware of this provision and are not requesting any exceptions from the current Code provisions. As such, the applicants hereby agree that the approved development will conform to the provisions of the Land Use Code which are in effect at the time the extension is granted. In deciding whether to grant the extension (or a reinstatement), the Board is required to consider certain criteria. Following are the applicants' responses to these criteria. Craig Ranch Subdivision Extension of Vested Rights Page 4 (a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: The applicants have complied with those conditions listed in BOCC Resolution 144-2004 which apply to these parcels and which Pitkin County required be accomplished at this stage of the development process. The actions taken by the applicants to comply with those conditions are as follows: 1. 1041 Hazard Review Site Plans have been prepared, signed and recorded for Parcels 2 through 8 in Plat Book 79 at Pages 84 through 90 (to comply with Condition 2.A). An amended plat for the Craig Ranch was also prepared, signed and recorded in Plat Book 79 at Page 81. 2. A Development Agreement memorializing the conditions of approval was prepared, signed and recorded as Reception No. 525493 (to comply with Condition 4.A). Subsequently, an amended Development Agreement reflecting the merger of and associated limitations on Parcels 2/3 was prepared, signed and recorded as Reception No. 544769 (to comply with Condition 3 of Resolution 043- 2007). 3. A conservation easement was imposed upon all of the land within Parcel 2/3 that lies outside of the designated building envelope (nearly 300 acres of land). The conservation easement, which is recorded as Reception No. 545337, was not a condition of approval of the merger of these two parcels. Rather, this conservation easement was donated voluntarily to Pitkin County Open Space and Trails by Michael Craig and Elizabeth Tasker. 4. A Historic Preservation Covenant was prepared, signed and recorded as Reception No. 525494. The Covenant ensures that: (a) the historic structures are prohibited from demolition; (b) the Clavel Homestead on Parcel 8 will be stabilized; and (c) any alterations or additions to the Historic Structures will be subject to review by the County's Historic Preservation Officer (to comply with Condition 43). 5. A deed restriction sterilizing Parcel 1 against any development was prepared, signed and recorded as Reception No. 525496, allowing 8 TDR's to be issued by the County (to comply with Condition 4.C). 6. A 60' right-of-way for Woody Creek Road was dedicated to the County on the plat for the use and benefit of the general public. The right-of-way was conveyed to the County in fee simple by the deed recorded as Reception No. 525492 (to comply with Condition 4.D). Craig Ranch Subdivision Extension of Vested Rights Page 5 The applicants remain committed to complying with all of the other conditions of approval that apply to the Ranch and will ensure that those conditions are met prior to the issuance of a building permit for any residence on the remaining developable lots. (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: The applicants have been diligent in pursuing this project. As described above, all of the plats, agreements, covenants and deed restrictions that were required to be recorded to document this approval have been prepared, signed and recorded. Given the fact that these applicants will not be the end users of these parcels, this represents all of the progress the applicants could have made to pursue the project. Given the amount of time that has passed since the original application was submitted it is difficult to accurately enumerate the expenditures the applicants have made on the various applications. The applicants have reviewed their records and have found documentation showing they have spent in excess of $350,000 on professional services and County application fees associated with the project. (c) The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications. Response: The County has received extensive benefits from the applicants which were granted by them in reliance upon the project approvals. Some of the most notable benefits the County has received are as follows: • A 60' right-of-way for Woody Creek Road was dedicated to the County on the plat and was conveyed to the County in fee simple by a recorded deed. • A Historic Preservation Covenant was recorded ensuring that the historic structures on Parcel 4 and Parcel 8 would be preserved. The Covenant also states that any alterations or additions to these structures will be subject to review by the County's Historic Preservation Officer. • The applicants agreed that a road impact fee would be paid by each lot at the time of building permit issuance. In agreeing to do so the applicants did not ask for the value of the dedication of Woody Creek Road to offset the amount of those road impact fees, even though it is common practice for applicants to use such dedications to reduce the road impact fees that are due to the County. • The applicants agreed that an affordable housing impact fee would be paid by the owners of Parcel 6 and Parcel 8 at the time of building permit, even though the County had not yet adopted an affordable housing impact fee in 2004 when the Craig Ranch Subdivision Extension of Vested Rights Page 6 development was approved. As a condition of this extension request, the applicants acknowledge that the requirement to pay an affordable housing impact fee will apply to their remaining un -developed parcels (Parcel 213, Parcel 5 and Parcel 6) and not just to Parcel 6 and Parcel 8. • The applicants agreed that the floor areas on the Craig Ranch parcels would be calculated based on the County's regulations in effect at the time of each building permit application. Several other projects which received long tem vested rights at about the same time as the Craig Ranch approval sought to vest the floor area calculation methodology that was in effect at that time. These applicants did not seek or obtain that right, allowing the County's current rules to apply to all parcels. Moreover, a series of critical land use actions were taken by the Craig family in reliance upon the County's development approvals which, taken together, represent a significant and lasting downzoning of the Craig Ranch. These actions were as follows: • Over 300 acres of the Ranch were downzoned from RS -20 to Rural and Remote. • A covenant was placed on the rezoned land sterilizing it against all development. • Plats were recorded limiting the Ranch to a total of just 6 developable parcels. • A floor area limitation of 7,500 square feet was placed on Parcels 4 through 8. Parcel 213 was limited to 10,750 square feet. • A conservation easement was voluntarily imposed on all of the land outside of the designated building envelope on Parcel 213 (nearly 300 acres of land). Before these actions were taken, the Craig Ranch was a single property of nearly 1,100 acres zoned RS -20. It's allowed density was in excess of 50 units (although County growth management and environmental quality regulations would have made achieving that many units rather unlikely). Furthermore, County rules would have allowed a .maximum house size of up to 15,000 square feet in the Woody Creek neighborhood. So these land use approvals represent a significant reduction in terms of both the number of dwelling units that could have been developed on the Ranch and the size of the units that could have been developed on the Ranch. These actions have helped to preserve the rural character of Woody Creek and limit the overall development potential of the Ranch to a level that is considerably below what would have otherwise been anticipated. This is notable because the recently adopted 2016 Woody Creek Caucus Master Plan makes it abundantly clear that Woody Creek remains committed to limiting its ultimate build out so as to maintain its rural character and avoid the need for infrastructure improvements that might alter that character. The actions of the Craig family have* been entirely consistent with this important community goal and have contributed to the preservation of the rural character of Woody Creek. Finally, is also important to point out that the County has benefitted from the exemplary land stewardship that has been practiced by this family for several generations. Carol Craig Ranch Subdivision Extension of Vested Rights Page 7 Craig and her children have maintained the Craig Ranch as productive agricultural land, irrigating the meadows on the west side of the property, including the highly productive land on Paradise Mesa and the fields along Woody Creek Road. They did not split off parcels of land over the years for development here and there, instead keeping the property intact and limiting its development to just that necessary for the family's use of the historic ranch compound. This has helped to maintain valued wildlife habitat areas, treasured scenic resources and productive ranchland. It is also notable that Carol was a long-time volunteer in Pitkin County, serving several terms as a member of the Pitkin County Planning and Zoning Commission and the Weed Advisory Board. She also volunteered for several decades at the Hospital and the Thrift Shop. (d) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: As the responses to the other criteria demonstrate, the needs of the County have already been well served by the development approvals that were granted to the Craig Ranch. The development which was permitted is well below that which could have otherwise been pursued for this property. Despite the fact that this approval was granted nearly 15 years ago, the land planning techniques employed, including the downzoning to the Rural and Remote zone and the use of TDB's on-site represent "state-of-the-art" approaches to rural low density development in Pitkin County. In fact, the Craig Ranch development model has since been utilized successfully by several other large rural properties in the County and is generally viewed as an appropriate conservation subdivision approach by both applicants and the County. So it would not be in anybody's interest to deny this extension request and effectively say to the applicants "the development approvals granted in 2004 should be re -considered' . The applicants are also not in a position where they have additional public benefits that they could readily offer to the County to obtain this extension. The applicants have already granted the public a right -of way along Woody Creek Road, agreed to the preservation of historic structures, agreed to the payment of impact fees that would not have applied to the project at the time of approval, placed a conservation easement on significant land areas and reduced the density of the development and the size of the houses well below what the Code would allow for a property like this. These are meaningful benefits that the applicants could only offer to the public once, and that offer was previously made and accepted. The applicants have spent considerable time and money pursuing this project. Michael and Jennifer Craig were born in Pitkin County and have lived their entire lives in the Roaring Fork Valley. Neither of them has yet to receive any financial gain from the land use approvals their family sought and obtained. It would seem only fair that after all of the benefits the public has received, that these approvals would be extended for an additional ten years so these applicants can have more time to sell these properties in the market. Craig Ranch Subdivision Extension of Vested Rights Page 8 In consideration of all of the actions they have taken and the benefits the community has received, the applicants respectfully request that the Board grant them a ten year extension of this approval so they can remain good stewards of this land while the properties are marketed to potential buyers. (e) The Board shall also take into consideration the length of any appeal process or litigation and the subsequent effect of a lessened vesting period for property rights. Response: Not applicable. Conclusion The above responses and the attached documents provide the information necessary for the County to consider this application. Please let me know if there is anything else I can provide to you. Very truly yours, ALAN RICHMAN CANNING SERVICES, INC. Atwon. j2��w Alan Richman, FAICP Craig Ranch Subdivision Extension of Vested Rights Page 9 EXHIBITS EXHIBIT #1 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: BANA62009400 Customer Ref -Loan No.: Property Address: WOODY CREEK RD, WOODY CREEK, CO 81656 1. Effective Date: 06-08-2018 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $216.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: MICHAEL B. CRAIG AND ELIZABETH B. TASKER 5. The Land referred to in this Commitment is described as follows: CRAIG RANCH PARCELS 2 AND 3, ACCORDING TO THE FIRST AMENDED PLAT OF CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 IN PLAT BOOK 79 AT PAGE 81 AS RECEPTION NO. 525477 AND AMENDED PLAT OF CRAIG RANCH PARCELS 2&3 RECORDED DECEMBER 10, 2007 IN PLAT BOOK 85 AT PAGE 87 AS RECEPTION NO. 544767. COUNTY OF PITKIN STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All Rights Reserved AME- LAND TITLE USMUiIUN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BANA62009400 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 27, 1922 IN BOOK 55 AT PAGE 261, JUNE 16, 1934 IN BOOK 55 AT PAGE 308, JANUARY 27, 1896 IN BOOK 55 AT PAGE 482, FEBRUARY 27, 1903 IN BOOK 55 AT PAGE 506 AND RECORDED DECEMBER 31, 1904 IN BOOK 55 AT PAGE 514. 9. RIGHT OF WAY FOR TELEPHONE LINE PURPOSES AS SET FORTH IN INSTRUMENT RECORDED APRIL 1, 1939 IN BOOK 167 AT PAGE 102. 10. EASEMENT AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED JULY 14, 1964 IN BOOK 208 AT PAGE 125. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 06, 1990, IN BOOK 628 AT PAGE 890. 12. TERMS, CONDITIONS AND PROVISIONS OF DECREE RECORDED DECEMBER 17, 1965 IN BOOK 217 AT PAGE 44_3 AND RECORDED MARCH 22, 1966 IN BOOK 219 AT PAGE 489. 13. RESERVATIONS FOR RIGHT OF WAY FOR DITCHES AND CANALS, RIGHT OF WAY FOR PITKIN Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BANA62009400 COUNTY ROAD 18 ACROSS LOT 10 OF SECTION 14, TOWNSHIP 9 SOUTH, RANGE 85 WESTAND RIGHTS FOR A POWER TRANSMISSION LINE GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION CONTAINED IN PATENT FROM THE UNITED STATES OF AMERICA RECORDED SEPTEMBER 6, 1990 IN BOOK 628 AT PAGE 890. 14. TERMS, CONDITIONS AND PROVISIONS OF GRANT AND RELEASE OF EASEMENTS RECORDED MAY 15, 1995 AT RECEPTION NO. 381305. 15. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN OCCUPANCY DEED RESTRICTION AND AGREEMENT RECORDED JULY 21, 1998 AS RECEPTION NO. 419653. 16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DECISION APPROVING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT RECORDED OCTOBER 22, 1998 AS RECEPTION NO. 423557. 17. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON LINDSAY/CRAIG LOT LINE ADJUSTMENT PLAT RECORDED OCTOBER 22, 1998 IN PLAT BOOK 47 AT PAGE 1. 18. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT AGREEMENT RECORDED MARCH 9, 2004 AS RECEPTION NO. 495282. 19. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 133- 2004 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED OCTOBER 12, 2004 AS RECEPTION NO. 502963. 20. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 044- 2004 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED DECEMBER 2, 2004 AS RECEPTION NO. 504704. 21. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 144- 2004 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED DECEMBER 2, 2004 AS RECEPTION NO. 504705. 22. RIGHT OF WAY FOR WOODY CREEK ROAD AS SET FORTH IN BARGAIN AND SALE DEED RECORDED JUNE 20, 2006 AS RECEPTION NO. 525492. 23. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT AGREEMENT FOR CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 AS RECEPTION NO. 525493 AND FIRST AMENDMENT THERETO RECORDED DECEMBER 10, 2007 AS RECEPTION NO. 544769. 24. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN HISTORIC STRUCTURES COVENANT CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 AS RECEPTION NO. 525494. 25. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT RECORDED FEBRUARY 7, 2007 AS RECEPTION NO. 534234. 26. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 043- 2007 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED JUNE 6, 2007 AS RECEPTION NO. 538640. 27. EASEMENTS, RIGHTS OF WAY, NOTES, EXCEPTIONS AND ALL OTHER MATTERS AS DISCLOSED Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BANA62009400 ON THE FIRST AMENDED PLAT OF CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 IN PLAT BOOK 79 AT PAGE al AND AMENDED PLAT OF CRAIG RANCH PARCELS 2 & 3 RECORDED DECEMBER 10, 2007 IN BOOK 85 AT PAGE 87. 28. EASEMENTS, RIGHTS OF WAY, NOTES, EXCEPTIONS AND ALL OTHER MATTERS AS DISCLOSED ON THE 1041 HAZARD REVIEW SITE PLAN FOR AMENDED PARCEL 3, AMENDED PLAT OF CRAIG RANCH PARCELS 2 & 3 RECORDED DECEMBER 10, 2007 IN PLAT BOOK 85 AT PAGE 89. 29. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 07-032 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED DECEMBER 28, 2007 AS RECEPTION NO. 545334. 30. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DEED OF CONSERVATION EASEMENT RECORDED DECEMBER 28, 2007 AS RECEPTION NO. 545337. 31. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN GRANT OF EASEMENT RECORDED MAY 27, 2015 AS RECEPTION NO. 620202. 32. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DECREE RECORDED JULY 14, 2015 AS RECEPTION NO. 621517. 33. RIGHTS OF WAY FOR EXISTING DITCHES INCLUDING, BUT NOT LIMITED TO, THE SALVATION DITCH AND PARADISE DITCH. EXHIBIT #2 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: BANA64002035 Property Address: 2058 WOODY CREEK RD, WOODY CREEK, CO 81656 1. Effective Date: 06/08/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment TBD $216.00 + $1,000.00 8 hrs. @ $125 per hour Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or Interest In the land described or referred to In this Commitment and covered herein is: A Fee Simple 4. Title to the estate or Interest covered herein is at the effective date hereof vested In: WOODY CREEK FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to In this Commitment is described as follows: $0.00 PARCEL 5 AND PARCEL 6, CRAIG RANCH PARCELS, ACCORDING TO THE FIRST AMENDED PLAT OF CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 IN PLAT BOOK 79 AT PAGE 811. COUNTY OF PITKIN STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All rights reserved. - py 9 AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing A $00AT1ON as of the date of use. All other uses are prohibited. Reprinted under license from the VML American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B,'Part 11 (Exceptions) Order Number: BANA64002035 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender Identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons In possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing In the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed Insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 8, 1984 IN BOOK 55 AT PAGE 52, DECEMBER 12,1944 IN BOOK 55 AT PAGE 2Q, JANUARY 27, 1896 IN BOOK 55 AT PAGE 482, DECEMBER 31, 1904 IN BOOK 55 AT PAGE 524 AND RECORDED DECEMBER 11, 1908 IN BOOK 55 AT PAGE 526. 9. RIGHT OF WAY FOR TELEPHONE LINE PURPOSES AS SET FORTH IN INSTRUMENT RECORDED APRIL 1, 1939 IN BOOK 167 AT PAGE 102,.. 10. EASEMENT AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED JULY 14, 1964 IN BOOK 208 AT PAGE 125. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 06, 1990, IN BOOK 628 AT PAGE 820. 12. TERMS, CONDITIONS AND PROVISIONS OF DECREE RECORDED DECEMBER 17, 1965 IN BOOK 217 AT PAGE 443 AND RECORDED MARCH 22, 1966 IN BOOK 219 AT PAGE 489. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BANA64002035 13. RESERVATIONS FOR RIGHT OF WAY FOR DITCHES AND CANALS, RIGHT OF WAY FOR PITKIN COUNTY ROAD 18 ACROSS LOT 10 OF SECTION 14, TOWNSHIP 9 SOUTH, RANGE 85 WEST AND RIGHTS FOR A POWER TRANSMISSION LINE GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION CONTAINED IN PATENT FROM THE UNITED STATES OF AMERICA RECORDED SEPTEMBER 6, 1990 IN BOOK 628 AT PAGE 84. 14. TERMS, CONDITIONS AND PROVISIONS OF GRANT AND RELEASE OF EASEMENTS RECORDED MAY 15, 1995 AT RECEPTION NO. 381305. 15. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 97-124 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED JULY 3, 1997 AS RECEPTION NO. 405958. 16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN OCCUPANCY DEED RESTRICTION AND AGREEMENT RECORDED JULY 21, 1998 AS RECEPTION NO. 419653. 17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DECISION APPROVING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT RECORDED OCTOBER 22, 1998 AS RECEPTION NO. 423557. 18. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON LINDSAY/CRAIG LOT LINE ADJUSTMENT PLAT RECORDED OCTOBER 22, 1998 IN PLAT BOOK 47 AT PAGE 1. 19. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT AGREEMENT RECORDED MARCH 9, 2004 AS RECEPTION NO. 49528 . 20. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 044-2004 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED DECEMBER 2, 2004 AS RECEPTION NO. 504704. 21. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 1442004 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED DECEMBER 2, 2004 AS RECEPTION NO. 504705. 22. RIGHT OF WAY FOR WOODY CREEK ROAD AS SET FORTH IN BARGAIN AND SALE DEED RECORDED JUNE 20, 2006 AS RECEPTION NO. 525492. 23. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT AGREEMENT FOR CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 AS RECEPTION NO.25 5493 AND FIRST AMENDMENT THERETO RECORDED DECEMBER 10, 2007 AS RECEPTION NO. 544769. 24. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN HISTORIC STRUCTURES COVENANT CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 AS RECEPTION NO. 525494. 25. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT RECORDED FEBRUARY 7, 2007 AS RECEPTION NO. 534234. 26. EASEMENTS, RIGHTS OF WAY, NOTES, EXCEPTIONS AND ALL OTHER MATTERS AS DISCLOSED ON THE FIRST AMENDED PLAT OF CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 IN PLAT BOOK 79 AT PAGE 81. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part 11 (Exceptions) Order Number: BANA64002035 27. EASEMENTS, RIGHTS OF WAY, NOTES, EXCEPTIONS AND ALL OTHER MATTERS AS DISCLOSED ON THE 1041 HAZARD REVIEW SITE PLAN FOR PARCEL 5, CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 IN PLAT BOOK 79 AT PAGE $f. (AS TO PARCEL 5) 28. EASEMENTS, RIGHTS OF WAY, NOTES, EXCEPTIONS AND ALL OTHER MATTERS AS DISCLOSED ON THE 1041 HAZARD REVIEW SITE PLAN FOR PARCEL 6, CRAIG RANCH PARCELS RECORDED JUNE 20, 2006 IN PLAT BOOK 79 AT PAGE 88. (AS TO PARCEL 6) 29. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AS SET FORTH IN DEED RECORDED APRIL 23, 2013 AS RECEPTION NO. 598897. 30. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT TO APPORTION WATER DELIVERY RECORDED APRIL 23, 2013 AS RECEPTION NO. 598898. 31. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT, RELEASE AND DITCH SHARING AGREEMENT RECORDED JUNE 19, 2014 AS RECEPTION NO. 611244. 32. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN GRANT OF EASEMENT RECORDED MAY 27, 2015 AS RECEPTION NO. 620202. 33. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DECREE RECORDED JULY 14, 2015 AS RECEPTION NO. 621517. 34. RIGHTS OF WAY FOR EXISTING DITCHES INCLUDING, BUT NOT LIMITED TO, THE SALVATION DITCH AND PARADISE DITCH. EXHIBIT #3 Ms. Suzanne Wolff, Deputy Director Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: CRAIG RANCH EXTENSION OF VESTED RIGHTS Dear Suzanne, We are the owners of Parcel 2/3 of the Craig Ranch Subdivision. We hereby authorize Alan Richman Planning Services, Inc. to act as our designated representative with respect to the land use application being submitted to your office for this property. Mr. Richman is authorized to submit an application for an extension of the vested rights for this property. He is also authorized to represent us in meetings with Pibdn County staff and the County's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman, whose address and telephone number are included in the land use application, or you may contact us directly at the addresses listed below. Sincerely, , ',/„r�/C///� Michael Craig P.O. Box 1837 Carbondale, CO 81623 Elizabeth Tasker P.O. Box 1790 Aspen, CO 81612 �' ,'a��,;r. •r ..-S t � A -t{•r�Vi`:S:�r.J �f«F f�.3:: � : i i� :%LJ r: W:l �l ii":.�Y.tJt`..•' .�.':c.� i +r.. .., .:2 .t�4�F,.i .r,^.:�•!;yfaE�fa�l,fr,..j"4 i{irr"#♦yy I`� •.jiP 1 'S:'i e•j•al tti;'� .l r.-11,. :i'I �•..'... J:i.•.'tr w�. Lt`la/'..9 �. ttflj, .SE�.:sr. jrS{..{L.�..r ytLtt7i 1 J. -r'+.. i•.. ,�+r. r...t • 1•`•it ..r 14L "�i~ •1�•.,i 1'� •n.� iti,� i. �t i'. 1`.S y". J•y s._ A�',.i '... rs 3�: .. ,�', , >,f� I �••31.J tf 1 +. �. _.� trt•.a i I,. ..i;+ i ../ ' ;..' . 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L. ._ } i .. �.S •. t` '! } pp ••� • ••� I 1 '1�i ti f f?r /" 1. iw �-,; •, ... .I': C. -.' ri;. w1 tiJ Li1� •:.%! 1� ICJ •K I'd •Jtw' iii: Grit K)10�V- 1 �:• le. 1 doll � '}t iry,1 C;? r 2 •!; t' D: : { • s . 1 4/ � •i tt t1�r' it\} r �5.. .i1 . i �. 1 lr ta.srt. tri t iil ,[-S r lic•L...ii •�i-'r - �_�-� ..r. f�i T`ri •?-. j t:.•v .-=Gr-•�i - - -. - _.. _ _ _ - ua:p ;"fit./=..i�..� i...•• i EXHIBIT #4 Ms. Suzanne Wolff, Deputy Director Pt ldn County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: CRAIG RANCH EXTENSION OF VESTED RIGHTS ,.e- am the owner of Parcels 5 and 6 of the Craig Ranch Subdivision. I hereby authorise Alan Richman Planning Services. Inc. to act as my designated representative with respect to the land use application being submitted to your office for this property. Mr. Richman is authorized to sulxnk an application for an extension of the vested rights for this property. to is also authorized to represent me in meetings with Pitkin County staff and the County's review bodies. Should you have any meed to contact me during the course of your review of this application, Please do so through Alan Richman, whose address and telephone number are included in the land use application, or you may contact me directly at the address listed below. Sincerely, r JenWa Craig Woody creek Farms LLC P.O. Box 892 Carbondale, CO 81623 AZ - 1 7 4X, EXHIBIT #5 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 DATE: 5123118 E-MAIL: suzanne.wolffa-pitkincounty.com LOCATION: Parcels 3, 5, 6 and 8, Craig Ranch Parcels; Woody Creek Road ZONE: RS -20 PARCEL ID #: 264314100003; 264315302003; 264323300006; 264315302004 OWNERS: Michael Craig and Lisa Tasker (Parcel 3); Woody Creek Farms LLC (Parcels 5 and 6); Kathleen Craig (Parcel 8) REPRESENTATIVE: Alan Richman EMAIL: arichman@sopds.net Type of Application: Extension of Vested Rights Description of Project/Development: The Applicant is requesting an extension of vested rights for the approvals granted pursuant to BOCC Resolution No. 144-2004, by which the BOCC granted approval for development on the Craig Ranch Parcels. The vested rights expire on October 13, 2019. An amendment to the approvals as they relate to Parcel 3 was granted pursuant to BOCC Resolution No. 043-2007. Land Use Code Sections to address in letter of request/application: 2-20-170(d), Extension of Vested Rights Review by: BOCC Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all property owners within 300' and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Staff will refer to: Woody Creek Caucus, County Attorney, Open Space and Trails FEES: $2,379 (make check payable to "Pitkin County Treasurer") ➢ $1,950 Planning flat fee (non-refundable; based on 6 hours of staff time; if staff review time exceeds 7.2 hours, the Applicant will be charged for additional time in excess of 6 hours at a rate of $325/hour) ➢ $375 Clerk ➢ $54 Public Notice To apply, submit 1 unbound and one-sided copy of the following information. Also provide all documents in PDF format as one combined file on a flash drive or email to plan ningappsApitkincounty.com. 1. Letter of request, summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met. 2. Copies of prior approvals, including recorded 1041 site plans 3. Disclosure and proof of ownership of the properties, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the properties and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 4. Street address and parcel description, including legal description, and 8-112"x 11" vicinity map locating the subject property within Pitkin County; 5. Consent from owner(s) to process application and authorizing the representative 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached); 7. This Pre -Application Conference Summary Sheet. NOTES: ➢ PLEASE INCLUDE THE PARCEL ID NUMBERS ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. EXHIBIT #6 RESOLUTION OF THE BOARD OF COUNTY COAEMSSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL OF THE CRAIG RANCH SPECIAL REVIEW, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND GMQS EXEMPTION AND REMEDIATING THE TAKING FOR PARCELS 2 AND 3 Resolution No. y 2004 RECITALS 1, Ute City Limited, Carol Gallun Craig Family Trust, and Carol Craig ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCCI') for approval to develop 6 new single family residences and 4 caretaker dwelling units on 8 separate 35+ acre parcels, as follows: A. Parcels 1-3 are located on the east side of Woody Creek Road. Parcel l contains portions of the Vagneur Mountain hillside, and is proposed to be rezoned to Rural/Remote in order to obtain TDRs to utilize for the on-site development. The development on Parcels 2 and 3 will be limited to a maximum of 5,750 square feet of floor area. B. Parcels 4-6 are located on the west side of the road on the valley floor. Parcel 4 contains the existing Craig residence and other structures. Residential development on these parcels will be limited to a maximum of 7,500 square feet of floor area. C. Parcels 7 and 8 are located on the west mesa adjacent to White Star Ranch and Star Mesa. Residential development on these parcels will be I imited to a maximum of 7,500 square feet of floor area. 2. The following approvals are requested and required: A. Rezoning of 306 acres of the ranch to Rural/Remote; B. 1041 Hazard Review and Conceptual Submission to establish building envelopes; C. GMQS Exemption to replace one single family dwelling unit on Parcel 5; D. GMQS Exemption and Special Review to establish Parcels 2, 6 and 8 as TDR receiver sites for initial development rights and Parcels 4-8 as TDR receiver sites for additional floor area; E. GMQS Exemption and Special Review for caretaker dwelling units on Parcels 5-8. 3. The property is located on Woody Creek Road, and is described as Parcels 2-8 of the Craig Ranch Parcels, as shown on the plat recorded in Plat Book 68 at Pages 62-64 (reception #495281). 4. The property is comprised of eight separate 35+ acre parcels, all of which are zoned RS-20/PUD and contain a total of ],084 acres. S. The Pitkin County Planning and Zoning Commission ("Commission's considered the proposed application at a regularly scheduled meeting on July 6, 2004, and recommended approval of Parcels 4-8 by a vote of 5-0. In addition, the Commission recommended denial of development of Parcels 2 and 3 by a vote of 5-0. 6. The BOCC considered this application at a duly noticed public hearing on September 8, 2004, at which time evidence and testimony were presented with respect to the application. The BOCC continued the public hearing for Parcels 4-8 to October 13, 2004. 7. The BOCC denied the request for Parcels 2 and 3 on September 8, 2004, pursuant to Resolution No. 133 -2004. The BOCC found that the required improvements to the existing access roads that will 504705 111111111111111111111111111111111111111111 iiiii 11111111 Page: 1 of 7 12/02/2004 09:259 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. 141Y-21104 Page 2 serve the building envelopes on Parcels 2 and 3 would encroach on slopes in excess of 30%, which is prohibited pursuant to sub -section 3-80-050.C. l .c.ii of the Land Use Code ("Code"). 8. The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code to determine whether the BOCC's denial of Parcels 2 and 3 constitutes a taking of private property without just compensation. The BOCC considered the takings request at a regular meeting on September 22, 2004, at which time further evidence and testimony were presented with respect to the taking. 9. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code, based on the following findings: A. Parcels 2 and 3 cannot be accessed from Woody Creek Road without crossing slopes in excess of 30%; , B. The existing ranch roads were legally created and traverse previously disturbed slopes in excess of 30%; C. The existing ranch roads do not currently meet the County's minimum standards for width and grade for driveways, and improvements to meet these minimum standards are required in order to develop single family residences within the building envelopes; D. The proposed building envelopes on Parcels 2 and 3 avoid slopes in excess of 30%, the wildfire hazard is low and can be mitigated, and impacts on wildlife habitat areas can be mitigated. E. The denial constitutes a taking of all reasonable use and economic return from the su.bject properties. 10. The BOCC considered the remediation for the takings for Parcels 2 and 3 on October 13, 2004. 11. The BOCC finds that the proposed building envelopes avoid slopes in excess of 30%, that the wildfire hazard is low and can be mitigated, and that the impacts on wildlife habitat areas can be mitigated. 12. The BOCC further finds the development is consistent with the special review criteria for TDR receiver sites, and that the proposed development otherwise complies with the applicable provisions ofthe Land Use Code. 13. The BOCC further finds that there is a development right associated with the East Mesa parcel, based on the County's ownership of Woody Creek Road and the resulting subdivision of the property by the road; this development right will be utilized on Parcel 3. In addition, there are existing development rights associated with Parcel 4 (fathering parcel right associated with Tract 1), Parcel 5 (right associated with replacement of the existing residence) and Parcel 7 (right associated with a pre -1978 parcel described as Tract 2). NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Parcels 2 and 3 of the Craig Ranch constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. BE fT FiJRTHER RESOLVED by the BOCC that it does hereby remediate the takings for Parcels 2 and 3 and approve the Craig Ranch Parcels 2-8 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. STv=m� a1111111111111111111111111111111111111111111111111111111 09:259 Resolution No. ,-2004 Page 3 1. 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. Submit a 1041 Hazard Review Site Plan(s) to the Community Development Department for approval and recording. The owner must sign the mylar copy of the site plan prior to submittal for recording. The Applicant shall amend the site plan as follows, prior to submission for recordation:. 1) Designate a building envelope around the existing improvements on Parcel 4. 2) The building envelopes and access shall be depicted at a scale of no smaller than 1" = 50'; 3) 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. 4) Relocate the building envelope on Parcel 2 below the 7,900 foot elevation contour. B. Work with the Environmental Health Department to produce a PM10 mitigation plan containing specific, enforceable control measures and documenting that the proposed mitigation measures will fully mitigate for all PM10 increases in the nonattainment area caused by the development. 3. Prior to recordation of the 1041 site plan and associated documents, the Community Development Department shall inspect the apartment on Parcel to verify that it no longer qualifies as a "dwelling unit" as defined in the Land Use Code. 4. Concurrent with recordation of the 1041 site plan(s), the Applicant shall: A.' Record a Development Agreement to memorialize the conditions of approval and representations made in the application, including the voluntary commitment to make a cash -in -lieu payment for affordable housing mitigation if the residences on Parcels 6 and 8 exceed 5,750 square feet of floor area, based on the Housing Guidelines in effect at the time of building permit application. The Development Agreement shall govern the uses and development of the parcels. B. Record a covenant in a form acceptable to the County Attorney and the Historic Preservation Officer which identifies the historic structures on the property (main ranch house, small barn structure below the house, and abandoned Clavel homestead house on Parcel 8) and in'whicli the Applicant agrees to prohibit demolition of the historic structures, to stabilize the Clavel house, and to ensure that any alterations or additions to the historic structures would be subject to review by the Historic Preservation Officer in accordance with the Secretary of the Interior's Standards for Rehabilitation. C. Obtain Irrevocable Certificates of TDRs. from Parcel 1, and execute and record the deed restriction against further development of Parcel 1. D. Grant a 60' right-of-way to the County, measured 30' to either side of the centerline of Woody Creek Road. 5. Prior to submission -of an ISDS permit for each parcel, the Applicant shall provide documentation of adequate quality and quantity of water to the Environmental Health Department. Wells must be located within the building envelopes, or in a location approved by the Community Development and Environmental Health Departments. 6. Parcels 3, 4, 5 and 7 are exempt from growth management up to 5,750 square feet of floor area. 504705 Page: 3 of 7 11111 mill 1111111111111111111 22/02/2004 09:25F SILVIA DAVIS PITKIN COUNTY CO R 0. 00 D 0.00 Resolution No. f-2004 Page 4 7. At building permit application for a new residence on each of Parcels 2, 3, and 5-8, or an expanded residence on Parcel 4, the Applicant shall: A. For Parcels 6 and 8 only, submit one or two executed Irrevocable Certificate(s) of TDRs to allow up to 5,750 or 7,500 square feet of floor area, respectively, on each parcel, and a copy of the deed evidencing conveyance of the Certificate(s) to the Applicant (if applicable). B. For Parcels 4, 5 and 7 only, submit executed Irrevocable Certificate(s) of TDRs to allow in excess of 5,750 and up to 7,500 square feet of floor, and a copy of the deed evidencing conveyance of the Certificate to the Applicant (if applicable). C. For Parcel 2, submit one executed Irrevocable Certificate(s) of TDRs to allow up to 5,750 square feet of floor area on the parcel, and a copy of the deed evidencing conveyance of the Certificate(s) to the Applicant (if applicable). 8. The Applicant may divide the 7,500 square feet obtained from three TDRs from Parcel 1 among Parcels 4-8 in order to add 1,750 square feet of floor area to each parcel beyond the 5,750 square feet of floor area obtained with the initial development right for each parcel. Any TDRs that are conveyed for use other than on the Craig Ranch shall not be fractionalized — each TDR shat I provide either an initial development right or additional floor area for one parcel or lot. 9. Prior to issuance of building permits for anew residence on each parcel, or an expanded residence on Parcel 4, the Applicant shall: A. Pay the applicable road impact fee. B. Obtain a fireplacetwoodstove permit from the Community Development Department. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D. Obtain an access permit for a new driveway and/or improvements to existing roadways, which shall be approved by the County Engineer and the Aspen Fire Marshal. The Applicant shall submit a County Right -of -Way Permit for any improvements to the intersections of the driveways within the Woody Creek Road right-of-way. Improvements to the existing roads on Parcels 2 and 3 may occur on slopes in excess of 30% as necessary to comply with the County's standards for width and grade. E. Obtain a site specific foundation investigation for Parcel 6 to determine if the soils are subject to hydrocompaction. F. Obtain ISDS permits from the Environmental Health Department, if required. The systems must be designed by a registered professional engineer, shall be located within the building envelopes or a location approved by the Community Development and Environmental Health Departments, and must comply with the setback requirements from surface and groundwater sources. The engineer shall perform percolation tests during high runoff in the area of the proposed leach field to confirm the height of the water table. G. If the residence exceeds 5,000 square feet, submit a Traffic and Parking Management Plan in accordance with the Asset Management Plan for review and approval by the County Engineer. H. For Parcels 7 and 8, obtain an evaluation of the bridge across Woody Creek by a qualified structural engineer to determine any specific loading limitations. 10. Each of Parcels 4-8 shall be limited to a maximum of 7,500 square feet of floor area; agricultural buildings on Parcels 4-8 shall be exempt from the calculation of floor area. Each of Parcels 2 and 3 shall be limited to a maximum of 5,750 square feet of floor area, inclusive of all structures. 11. No development, including grading, excavation, fill placement, landscaping, vegetation removal or disturbance, septic system and well, shall occur outside of the approved building envelopes, except to comply with the required wildfire mitigation. Well, septic system and landscaping may occur outside of the building envelope in a location approved by the Community Development Department. 5°°e°51111111111111111111111111111111111111111111111111111111 o Resolution No. %�/y-2004 Page 5 12. All areas outside of the building envelopes that are disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. Only plant species listed in the Pitkin County Revegetation Guide (or species native to the site) shall be utilized to revegetate these areas, subject to a revegetation plan approved by the Natural Resources Division prior to issuance of a Certificate -of Occupancy. 13. Exterior lighting shall comply with the County's lighting regulations in erect at the time of installation. 14. The Applicant shall comply with the following 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 BOCC Ordinance No. 010-2001. 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. An orange safety fence shall be installed around the building envelope to prevent any unnecessary vegetation disturbance during construction. E. Dogs shall be kenneled on Parcels 4-8. Dogs shall be prohibited on Parcels 2 and 3. F. 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 inches 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. G. 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. H. No riparian vegetation shall be damaged or removed. 15. 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 15 -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 roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 504705 Page; 5 of 7 1111111111111111111111111111111111111111111111111111111 12/02/2004 09:259 Resolution No. 11-N-2004 Page 6 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 'Kinch 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. All 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 fire -resistive construction on the exterior side of the walls. 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. 16. The Applicant shall comply with the County's Noxious Weed Management Plan. 17. The Applicant may construct a caretaker dwelling unit on each of Parcels 5-8, subject to the following: A. The CDU shall be limited to 700 net livable square feet. The kitchen shall contain a minimum of a two burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be provided for the unit. B. Prior to submission of a building permit for the caretaker unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. C. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall inspect the unit. D. The floor area of the CDU shall count towards the total allowable floor area on the parcel. 18. 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 C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on October 13, 2019. I�IlIq�l�l�l�l III III��Ihl, 5�'0 °of 7 5 Resolution No. JqV-2004 Page 7 A NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TRWES WEEKLY on the 811' day of August, 2004. APPROVED AND ADOPTED on the 13"' day of October, 2004. PUBLISHED AFTER ADOPTION FO STED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the'l" day of OVUu 2004. Jones, ClerkWD the BOCC ED AS TO 1U0A(U-'LC'4 ClAdy Houben Community Development Director BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Dorothea Farris, air P049-04 PID }# 264314100003, 264315302004, 264315302002, 264315400009, 264315302003, 264314100002, 264323300006 II�III IHI� 11 lll�l 111111lull 11 ll� 12/02/2004 e9:259 5w4 05, EXHIBIT #7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIGN COUNTY, COLORADO, APPROVING THE CRAIG/TASKER AMENDMENT TO A DEVELOPMENT PERNIIT (]PARCELS 2 AND 39 CRAIG RANCH PARCELS) Resolution No. X3 -2007 RECITALS 1. Michael Craig and Lisa Tasker ("Applicant") have applied to the Pitkin County Board of County Commissioners ("BOCC") to amend the prior approval for Parcels 2 and 3 to merge the two parcels into one parcel for development purposes. The resulting parcel (Amended Parcel 3) would contain 303 acres and would accommodate one single family residence, a caretaker dwelling unit and accessory structures with a total allowable floor area of 10,750 square feet. Development would occur within the previously approved building envelope on Parcel 3. 2. The property is located off of Woody Creek Road, and is described as Parcels 2 and 3, Craig Ranch Parcels. 3. The parcels are zoned RS -20 and contain 53.9 and 249.1 acres, respectively. 4. The BOCC granted approval of the eight Craig Ranch Parcels pursuant to Resolution No. 144-2004. This approval established building envelopes on Parcels 2 and 3, designated Parcel 2 a receiver site for a TDR for an initial development right and established that Parcel 3 could be developed with the fathering parcel development right associated with the portion of the Craig Ranch located to the northeast of Woody Creek Road. The approval limited the residences on each of Parcels 2 and 3 to a maximum of 5,750 square feet of floor area and prohibited caretaker dwelling units on these parcels. The approval is memorialized in a Development Agreement recorded as reception #525493 (included in application). 5. The BOCC heard this application at a duly noticed public hearing on May 23, 2007, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the proposed amendments are consistent with the applicable provisions of the Land Use Code, and will result in a decrease in the density and associated impacts. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the requested amendments to Parcels 2 and 3 of the Craig Ranch Parcels, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The Applicant shall comply with all conditions and restrictions of BOCC Resolution No. 144-2004 and the Development Agreement recorded as Reception No. 525493, except as amended herein. 3. Within 90 days of the date of this approval, the Applicant shall be required to submit for approval by Community Development and the County Attorney an amendment to the Development Agreement, an amended plat reflecting the merger of Parcels 2 and 3, and an amended site plan to eliminate the 538540 1111111111111111111111111111111111111111111111111111111 Page: i of 3 06/06/2087 04:30 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. &9-2007 Page 2 building envelope and driveway on Parcel 2. The above referenced approvals shall be a condition precedent to finalization and recordation. The Development Agreement amendment shall include the following provisions and shall amend all applicable provisions of the Development Agreement: A. The merger of Parcels 2 and 3 and elimination of the building envelope and driveway on Parcel 2. B. The limitation of development on Amended Parcel 3 to a maximum of 10,750 square feet of floor area, inclusive of the single family residence, the caretaker dwelling unit and all accessory structures. Agricultural buildings shall be prohibited. C. Permission to develop a caretaker dwelling unit on Amended Parcel 3. D. The requirement to utilize two TDRs for floor area in excess of 5,750 and up to 10,750 square feet. 4. At building permit application for the new residence and caretaker dwelling unit, the Applicant shall surrender two TDR Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop in excess of 5,750 and up to 10,750 square feet of floor area. 5. The caretaker dwelling unit shall be limited to 1,000 net livable square feet and shall be located within the approved building envelope. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of one off-street parking space shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 6. Prior to issuance of the building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit. 7. Construction workers shall not be permitted to bring dogs on the site during construction. 8. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 538640 Page: 2 of 3 JANICE K VOS CRUDILL PITKIM COUNTY CO R 0 06/05/200700.0 84:30 .00 0 0,00 e�� Resolution NAV -2007 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the Vd day of April, 2007. APPROVED AND ADOPTED on the 23`d day of May, 2007 AM. ST: Jeanette Jones, Deputy Clerk and P�corder APPROVED AS TO FORM: John Ely, Co ttorney Case #P03M7 PID# 264314100002 & 264314100003 BOARD OF COUNTY COMMISSIONERS OF ITKIN CO C DO ichael Owsley, Chau Date: 4C -3L61 APPROVED AS TO CONTENT: � .4 ft ILa, - A r O's. a �a' CA n y Houben, Community Development Director 538840 Paye: 3 of 3 06/06/2007 04:30 D 0.00 Pitkin Maps & More Craig Ranch Vicinity Map Map Created on 2:14 PM 06/26/18 at hftp://wv w.pitkinmapsandmore.com 6018.7 0 3,009.33 6,018.7 1: 36,112 WIGS _1984_Web_Mercator Auxiliary_Sphere Feet THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee O Concerning the completeness, accuracy, or reliability of the content represented. State Highway Road Centerline 36K o PrimaryRoad o Secondary Road Parcel Boundary Rivers and Creeks Continuous Notes .. Intermittent . River, Lake or Pond r. Town Boundary Federal Land Boundary 13 BLM 13 State or Colorado a USFS Notes PUBLIC NOTICE RE: Craig/Tasker/Woody Creek Farms LLC Extension of Vested Rights (CASE# P053-18; PID 264314100003; 264315302003; 264323300006) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, September 26, 2018 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Pitkin County BOCC Meeting Room, 530 East Main Street, Aspen to consider an application submitted by Michael Craig (PO Box 1837, Carbondale, CO 81621), Elizabeth Tasker (PO Box 1790, Aspen, CO 81612) and Woody Creek Farms LLC (PO Box 892, Carbondale, CO 81623) requesting a 10 year extension of the vested rights previously granted to Parcels 2/3, 5 and 6 of the Craig Ranch Subdivision, pursuant to BOCC Resolution No. 144- 2004, as amended by BOCC Resolution No. 043-2007. The property is located on Woody Creek Road and is legally described as Parcels 2 and 3, Parcel 5 and Parcel 6, Craig Ranch Parcels. The State Parcel Identification for the parcels is 264314100003; 264315302003; 264323300006. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on August 30, 2018. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526. 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing. 5. Remove the Public Notice sign within one week after hearing date. https://pitkincounty.com/DocumentCenterNiew/16744 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 J@ 26, 2018 Alan Richman PO Box 3613 Aspen, CO 81612 arichman@sopris.net Re: Craig/Tasker/Woody Creek Farms LLC Extension of Vested Rights (PID 2643-153-02-003,2643-153-00-003,2643-233-00-006 & 2643-153-02- 004; Case P053-18) Dear Mr. Richman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, September 26, 2018 at a meeting to begin at 12:00 P.M. in the BOCC Meeting Room, 530 East Main Street, 1St Floor, 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 Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) 19. 10_"11►[K1111'"", COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: County Attorney Open Space and Trails Woody Creek Caucus FROM: Suzanne Wolff, Community Development Department Suzanne. wolffn.Ditkincounty. com RE: Craig/Tasker/Woody Creek Farms LLC Extension of Vested Rights (CASE P053-188; PID 2643-153-02-003, 2643-153-02-004, 2643-233-00-006, and 2643- 153-00-003) DATE: July 26, 2018 Attached for your review are materials for an application submitted by Michael Craig, Lisa Tasker, Woody Creek Farms LLC, and Kathleen Craig. The Board of County Commissioners will review the application on Wednesday, September 26, 2018. Please return your comments to me by Friday, September 7, 2018. http://pitkincounty.com/DocumentCenter/View/16744 Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00044429 Name: Michael Craig Date:6/28/2018 Project Address: 2058 WOODY CREEK RD Type: check # 3627 Permit Number Fee Description Amount 0053.2018.PLAN PP- Flat Fee 1,189.50 Total: 1,189.50 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00044430 Name: Jennifer C Craig Date:6/28/2018 Project Address: 2058 WOODY CREEK RD Type: check # 3583 Permit Number Fee Description Amount 0053.2018.PLAN PP- Flat Fee 760.50 0053.2018.PLAN PP- Clerk Fee 375.00 0053.2018.PLAN PP- Public Notice Fee 54.00 Total: 1,189.50