HomeMy WebLinkAbout2014 0710 OSTB Regular Session Minutes_S MINUTES
OPEN SPACE AND TRAILS BOARD
REGULAR SESSION
July 10,2014
Carbondale Town Hall: 511 Colorado Ave., Carbondale
OSTB Present:
Graeme Means Howie Mallory Hawk Greenway Tim McFlynn, Tai Jacober,
Dist. 1 Dist. 2 Dist. 3 Dist. 4 Dist. 5
Chair absent
Staff Present: Dale Will, Gary Tennenbaum, Lindsey Utter, Matt Adeletti, Fran Soroka
BOCC Present: Michael Owsley
Others Present: Cathy Montgomery, Brent Gardner-Smith (media)
PUBLIC COMMENT
No public comment.
APPROVAL OR THE MINUTES
Tim McFlynn moved that the OSTB regular and executive session minutes and the joint BOCC
regular and executive session minutes of June 17, 2014 be approved as presented. Graeme
Means seconded. Motion passed(4-0).
Rio Grande Trail—Roaring Fork Gorge Phase I budget appropriation
Gary Tennenbaum reviewed the content of the memorandum `Roaring Fork Gorge Phase I'
included and made part of this record as `Exhibit A'.
The Board questioned staff about the low RFP response and the contingency amount applied to
the budget appropriation. Staff explained that since the recession there are fewer contractors in
addition the project requires a level of expertise especially through narrow sections. This project
was not envisioned during the 2014 Pitkin County budget preparation period when staff typically
submits anticipated project budget requests which include a10% contingency to the estimate. The
Roaring Fork Gorge Management Plan was approved late in 2013 and included Phase I
implementation approval at that time. The RFP respondent's formal bid came in within Staff's
anticipated range. The 5% contingency was added to the budget to cover potential non-visible
issues that may appear during actual construction. The Rio Grande Trail will not close during
construction. The new soft surface will be constructed first, and then the existing soft surface
will be paved. Separated trail areas will be comprised of a 10 foot hard and 4-6 foot soft surface
with constrained joined areas at 8 foot hard and 6 foot soft surface. Phase I's original
implementation included improvements to Jaffee Park's connector trail, but staff have
determined it would be best to include in 2015 improvements to Jaffee and Stein Park. Dale Will
added at today's RFTA Board meeting, RFTA approved joint planning effort (OST and RFTA)
for the Rio Grande Trail between the Wingo Bridge and Woody Creek Bridge.
See Board Action below.
Redstone Restroom Maintenance Agreement
7/10/2014 OSTB Regular Session Minutes
Page 1 of 5
Redstone Community Association, Treasurer Cathy Montgomery was present and represented
RCA's position supporting OST's recommendation for RCA to continue managing restroom
maintenance and OST would fund year round the bathroom maintenance year round. RCA would
fund and administer the ice skating rink and shed maintenance.
See Board Action below.
Title 12 Policy: Leash Law
OST staff responded to Board comments and recommendations based on the presented memo
'Our Leash Law' and made part of this record as `Exhibit B'.
Board agreed not to make changes or exception to the existing leash law. Board recommended
updating educational dog leash outreach tools (like pamphlet etc.) for Rangers to utilize when
encountering violators in the field. Board also suggested dog regulation information be posted at
trailheads and post off leash locations on the dog waste receptacles. Updated dog related
information to the current website homepage. Michael Owsley encouraged the Board to be
prepared in the future with a cogent persuasive explanation of the leash law for individuals who
will inevitably appear before the Board seeking exceptions to the leash law.
Direction: Dale will communicate the Board's decision to Barbara Fleck. Staff will work on a
Pitkin County specific dog information hand-out including U.S. Forest Service information.
Staff will create information content to post on the dog waste receptacles.
Potential OST land donation in the Smuggler boundary area
The July 8, 2014 letter referencing `Potential Open Space Donations in Relation to the requested
Extension of Vested Property Rights for Government 33 LLC (Parcel ID 2737-071-00-040)
describing the proposed land donation is made part of this record as `Exhibit C'. )
Matt Adeletti described the land donation area. The Board had questions regarding the proposed
land donation:
• Is the land donation a `clean' site or part of the Smuggler Mountain `super fund' clean-
up area? (Staff—Pitkin County requires the Attorney's Office to determine if an
environmental assessment is required and clear title before transfer of title and provided
for by the applicant)
• Is fencing planned for the private boundary areas? (Staff—fencing has not been part of
discussion, but Pitkin County code would restrict to wildlife friendly fencing and could
be restricted further by OST.
• Will the donated land come to OST with any additional restrictions that would inhibit
OST operations? (i.e. any type of easement) (Staff—property will come as fee
ownership and free of any restrictions)
See Board Action below.
Pitkin Outside-Etkin Family Trust Letter
The OSTB reviewed the content of the letter thanking the Etkin Family Trust for their generous
donation that was instrumental in launching Pitkin Outside (pitkinoutside.com) the online map
and phone app site. The Board approved the content and noted some minor edits.
STAFF COMMENTS
)
7/10/2014 OSTB Regular Session Minutes
Page 2 of 5
July 4th weekend report: North Star is becoming increasingly a popular recreation hang out
destination. Staff recommended that Board members observe firsthand how busy North Star is
on a weekend. Another site to observe is the Woody Creek section of the Rio Grande Trail
during lunch time. These highly enjoyed areas demonstrate why the Ranger program is so
important.
Updating the North Star management plan is beginning. Ecological consultants have started
observations on North Star and have noted very little resource damage on the river's non-access
side demonstrating that the river users are respecting the non- access areas. Bird counts are
similar to previous survey and some very rare bird species have been observed. Parking and the
neighbors will be larger issues to address.
Airline Trail has become an increasingly popular bike ride, and staff is observing the mountain
bike use pattern. Deadline Trail is nearing completion. Water was brought in to compact the
Deadline Trail before the trail opens. Additional two way traffic signs have been installed on
Sky Mountain Park trails. Staff continues to find ways to educate the mountain bike users about
trail etiquette and that the trails are multi use. Sky Mountain Park has become a great
community success.
BOARD COMMENTS
As part of the North Star management plan updating process, Tim McFlynn recommended
documenting the recreation uses and user congestion occurring at North Star by taking video.
\ Staff agreed. Tim also commented the Wheatley Open Space press release was well composed
with interesting historical content. Naming the property Wheatley honors the original
homestead.
August 2"d the Wilderness Workshop, ACES and Forest Service will be celebrating 50 years of
the Wilderness Act at the base of Highlands.
Glassier Open Space management plan process: Graeme Means commented the steering
committee has several contentious issues to work through. Graeme encouraged Board members
to attend the next committee meeting. Staff responded that one of the biggest issues will be over
parking. At the July 16th meeting options will be brought to the steering committee and staff will
determine the level of consensus, if not enough consensus then an additional steering committee
meeting may be needed. Next step is drafting a plan and start the broader open public process.
The draft will be reviewed by the OSTB prior to going to the public hopefully by the September
meeting. Tim invited other members to accompany him with Gary on a site visit to observe the
existing road conditions and determine the road's ability to handle all user groups as an access
route to the Crown (i.e. cows, horses, ATV, bikes, and hikers). Tim anticipates future budget will
be needed to construct a separated mountain bike single track access.
Graeme wanted to discuss further his email communications with Staff to include road bike
routes on the Pitkin Outside site. Staff had previously responded that posting road bike routes on
Pitkin Outside using county roads would be problematical and would create liability issues.
)
7/10/2014 OSTB Regular Session Minutes
Page 3 of 5
County roads are not managed or maintained to the standard definition of a designated road bike
route. CDOT works around this issue by indicating road shoulder widths and road surface map
information and then leaves it up to the individual rider to decide their level of comfort. Staff has
consulted with the County Engineer and is working toward a goal to accommodate recreational
users on county roads. Dale added that county roads are not currently designed with bike sharing
in mind, but users do ride the county roads anyway. Because OST is a government agency the
minute OST endorses bike use on county roads implies that the county roads are suitable for this
type of recreation. Lindsey Utter added Pitkin Outside website is only lacking descriptions and
details of the roads and that this type of information can be added to the site. Pitkin Outside site
is designed as a source of information for recreational users to self-determine their recreational
pursuits. Michael Owsley contributed to the discussion that as a Commissioner he has been
working toward the County recognizing paved county roads as recreational resources and the
County needs to start budgeting for the higher costs needed to maintain road surfaces with road
biking in mind. Michael encouraged road bikers to form a constituency and come to the BOCC
asking Pitkin County to make it a goal when re-surfacing county paved roads to improve the road
surface and maintain these roads as recreational resources.
Tim suggested discussion continue by inviting County Attorney to an executive session
conversation and discuss mitigate/manage possibilities on this recreational liability issue.
Dale said he would continue to work with Lindsey on the discussions elements and return with a
status report.
BOARD ACTION
Rio Grande Trail—Roaring Fork Gorge Phase I budget appropriation
Tai Jacober moved for the OSTB to support the Rio Grande Trail—Roaring Fork Gorge Phase I
budget appropriation of$1,463,175 which includes the recommended contingency while relying
on staff to be judicious before expending the contingency. Tim McFlynn seconded. Motion
passed all in favor. (4-0)
Redstone Restroom Agreement
Tim McFlynn moved for the OST staff to consummate a five year maintenance agreement with
the Redstone Community Association for the management of the Redstone Bathrooms. And for
OST program to fund the Redstone Restroom yearly maintenance cost at approximately
$1,500/year. Tai Jacober seconded. Motion passed all in favor. (4-0)
Government 33 LLC—Potential Land Donation
Tim McFlynn moved for the OSTB to support accepting the dedication of Government 33 LLC
parcels as shown on the submitted maps, contingent on the applicant conveying the parcels
without restrictions on public access, on paying all transaction costs, and review of potential
environmental hazards while the OSTB remains neutral on the underlying application and all
other land use planning issues not before the OSTB. The substance of today's discussion
outlining OSTB's position will be forwarded in writing to the Pitkin County Board of County
Commissioners. Hawk Greenway seconded. Motion passed all in favor. (4-0)
7/10/2014 OSTB Regular Session Minutes
Page 4 of 5
EXECUTIVE SESSION
The OSTB moved to enter executive session in accordance with CRS 24-6-402(4) (a) (b) and (e)
for the purpose of discussing acquisitions,litigations and negotiations at 1:45 p.m. The OSTB
adjourned executive session at 3:20 p.m.
ADJOURN
The OSTB meetings of July 10, 2014 were adjourned at approximately 3:20 p.m.
Approved: Attest:
t1M7(
i
G e Means, Chair Fran Soroka
Pitkin County Open Space &Trails Board Pitkin County Open Space &Trails
Administrator
7/10/2014 OSTB Regular Session Minutes
Page 5 of 5
EXHIBIT A
7/10/14 OSTB Regular Session Minutes
Memorandum
To: Open Space and Trails Board
CC: Dale Will
From: Gary Tennenbaum
Date: July 2, 2014
Re: Roaring Fork Gorge Phase 1
Last year, the very successful creation of the Roaring Fork Gorge Management Plan
put in motion the implementation of Phase 1, which is to create a dual-surface Rio
Grande Trail for the approximately 2 miles from McLain Flats Road to the
narrowing of the canyon at Shale Bluffs. In the Plan, staff estimated the cost of this
project to be $1,431,256. The estimated cost was not put into the 2014 budget to
ensure we got actual costs before submitting a funding request.
This phase was recently put out to bid and only one proposal was received. Frontier
Paving was the sole proposal and they are subcontracting part of the work to Aspen
Earthmoving. OST has worked successfully with both companies and feel
comfortable with the proposal received. The proposal cost came in at $1,393,500,
which is right at our estimate. Staff will work with the contractor to value engineer
some elements to potentially reduce costs,but staff recommends adding a 5 percent
contingency, $69,675, to the funding request to cover unforeseen costs and if no
value engineering can be recognized. The total funding request is $1,463,175.
The contractor is available to start in late July; the project would be complete by
October. No closure of the Rio Grande Trail will occur during construction. A new
soft surface will be created before detouring traffic to pave the existing crusherfines.
Staff Recommendation: OSTB recommend to the BOCC to approve the
funding request for $1,463,175 to complete Phase 1 of the Roaring Fork Gorge
Management Plan.
OPEN SPACE & TRAILS 1
07/10/2014 OSTB Public Packet Page 2 of 10
EXHIBIT A
7/10/14 OSTB Regular Session Minutes
4.3 Recreational Use, Parking, and Amenities Management Actions
The Roaring Fork Gorge has a long history of being a recreational destination with a diversity of users and experi-
ences. Users interested in developing recreational amenities outside those proposed in the Roaring Fork Gorge
Management Plan, or subsequent plans, will need to request an amendment to the plans from the OST Board. The
user group will be able to present the recreation concept and show why the activity fits within the overall goals of
the Management Plan and/or subsequent plans.
4.3.1 Rio Grande Trail Improvements
The segment of the Rio Grande Trail through the gorge was the focus of a 2012 feasibility study. It
was also the feature we received the most comments on in the public outreach in preparation for
the draft gorge plan. We have split the Rio Grande Trail improvements in the gorge into two phases.
The Option decision for Phase II will be made after Phase/is completed. It will give us time to see
how users respond to the Phase l improvements and determine which option works best for the up-
per2mi/es of the gorge. Soft surface maintenance will continue to be implemented in the Phase 2
section to provide a well compacted surface and repair land slides and rockfall in the gorge.
4.3.1.1 Rio Grande Trail Phase I
Design and construct the approximately 2 miles of dual-surface trail from McLain Flats Road through
the sage flats, to where the shale bluff geologic formation starts to narrow the trail platform. The trail
design shall incorporate separated hard and soft surfaces, and singletrack options where possible.
Design will investigate the possibility for the nordic groomer to follow the soft surface. Design shall
also provide locations for benches or picnic tables and potential locations for interpretive panels, to
be placed after the completion of the 2014 Rio Grande Trail Management Plan.
Start Date: Summer 2014
Estimated Cost: $1,431,256
Rio Grande Trail Phase I Rio Grande Trail Phase II
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141
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07/10/2014 OSTB Public Packet Page 3 of 10
Roaring Fork Gorge Management Plan Page 26
Open Space and
Trails
Memo
To: Open Space and Trails Board
From: Dale Will, Director
Date: 7/3/2014
Re: Our Leash Law
Summary: The Board requested a review of our current policy and regulation regarding the general
requirement that dogs are leashed on our trails.This memorandum responds to the Board's request for
discussion of leash rules as applicable to Pitkin County Open Space and Trails properties.This has
again been recently prompted by a constituent who would like to see the leash law relaxed during the
morning on the Hunter Creek Trail.
Background:The mission of the Open Space Program 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. Our stewardship policies require that management of open space assets will
consider ecological sensitivities, wildlife resources,visual resources, cultural resources, recreational
resources and agricultural uses.
Pitkin County's rules regarding the public use of open space properties are contained in Title 12 of the
County Code.They were originally adopted in 1993 in an effort to further the mission and stewardship
policy noted above.Title 12 requires that if dogs are allowed on county trails,they must be leashed.
See 12.40-030(H).The code further provides that pets must be leashed on all open space properties
(12.4-050(G))and that chasing or disturbing wildlife is prohibited. (12.4-050(1)).This entire code is
available,online, at
http://aspen pitki n.com/Portals/0/docs/county/OpenSpace/Title%2012%20recod ified%202011.pdf
We have a singular exception on Smuggler Mountain Road. Our policy basis for the leash law on trails
and open space properties is several fold, and relates to the safety and enjoyment of both wildlife and
other humans and pets.
Wildlife: County open space lands are havens for wildlife in our valley.This is recognized as an
impetus for our acquisition and careful management of these resources. Our management of open
space assets seeks to protect habitat while allowing human recreation to the degree consistent with
this objective.We have limited all human access to some properties, sometimes on a seasonal basis.
Studies have shown that the zone of wildlife disturbance adjacent a trail increases exponentially if
unleashed dogs are present.This is known as the edge effect. Unleashed dogs move the edge of
disturbance a hundred feet to the side of a trail. See, e.g. Lenth and Knight,the Effects of Dogs on
Wildlife Communities. Professor Knight discussed these findings at our 2012 Board Retreat.The
Colorado Division of Parks and Wildlife has consistently requested that we stand by our leash law. Our
rangers have documented the continuing presence of many species of wildlife along our trail corridors.
Animals such as deer and elk are particularly dependent on these lower-elevation corridors during the
winter.The work of Professor Knight at CSU and others has proven that the impact of human
recreation on wildlife is dramatically limited by the leash law.This, in turn,allows the program to
maintain trails in locations and during seasons that would otherwise be inappropriate.
• Page 1
07/10/2014 OSTB Public Packet Page 7 of 10
EXHIBIT B - 7/10/2014 OSTB Regular Session Minutes
Safety and Enjoyment of other users:
Our program undertook a survey of trail users in 2004,when we included some questions about the
Rio Grande Trail in the county's community survey.At that time,those walking their dogs on leash
accounted for only 9%of the total use of survey respondents on the Rio Grande Trail.The 2004 survey
did not include a specific question about the leash law. However,25 respondents spontaneously urged
the county to step up leash law enforcement.
In 2011,we conducted an online survey focused on use of open spaces and trails. From the 2011
survey:
Q: Does a dog accompany you when you recreate on Pitkin County Open Space and Trails?
239 No(59.8 percent)
161 yes(40.3 percent)
400 answered question; 37 skipped question
To follow up,we asked about the relaxation of the leash law on Smuggler Mountain Road,and a slim
majority said it would not benefit them.When asked if the leash law throughout the balance of our
system was of benefit,the balance shifted to a strong majority-40 percent(156 respondents)said it
would be of great benefit. 19.2 percent(75 respondents)said it would be of little benefit.
In the comments section on the county's trail system, not surprisingly,a number of individual comments
advocated either relaxing or strengthening leash laws. (One individual described her enjoyment of open
spaces and trails this way: "Having a place in a natural environment away from traffic to be able to walk
my dog off leash.") In contrast, ("I have been bitten while riding the trail and several times I have had
near accidents because dog owners aren't in control of their dogs...")("The dog leash law should be
enforced with a heavy fine and community service").We also asked for comments about user conflict
on Pitkin County Open Space and Trails:There were 165 comments in this section;the top complaints
were about biker etiquette(59 comments)and dogs off leash, excrement or both(63 comments).
In summary, our 2011 user survey revealed a split between those who recreate with dogs and those
who do not,with the majority being in the latter category.The survey also showed strong support for
leashes among our constituents overall.
Every year,our rangers respond to incidents involving dogs biting humans and other pets.The Agency
for Healthcare Research and Quality recently found that dog bites are on the rise nationwide, and that
the average medical expense for such attacks is$18,000 per incident.While only a minority of dogs
bite,we believe that all of our visitors and their leashed pets should feel safe from unwanted contact
with other users' pets.The survey responses noted above reflect this desire.The leash law enables
both wildlife conservation and human enjoyment of trails and open spaces to be optimized across the
spectrum of those using our trails.
At the same time,there are numerous opportunities for recreation with off leash dogs in our valley.The
attached brochure from the Aspen Parks Department helps people find these outlets.
The latest request for an exception focuses on mornings on the Hunter Creek Trail. In the past,we
have had requests for a winter exception on the Rio Grande Trail.We do not think it is fair to the
general public to consider such exceptions based on random public comments. Staff believe that once
such exceptions are made,the argument to protect the values described above becomes increasingly
difficult. Similarly,the more exceptions in our system,the harder it is for our rangers to cultivate and
maintain an expectation of leash compliance overall,since our dog-walking constituents will more likely
claim that they thought they were in an excepted area or time.
• Page 2
07/10/2014 OSTB Public Packet Page 8 of 10
EXHIBIT B - 7/10/2014 OSTB Regular Session Minutes
,e i
Lim k T c%tabbe offenses:
4.:FAVOYI' '"'-''' '
, .„, i,.„,:i„
• Poy dt Lwrye (0FLeash)
F,�� iy:
� 7 • Uncollected Pet Waste? F
::� ; Areas for watchful off-leash play
with your pet:
vlITH YOUR )1 / • Rio Grande Park
• Wagner Park
Welcome to As en - a re t
� g a • Smuggler Mountain Road
place for dogs! By following • Maroft Open Space.
the rules and obeying signage p
(Roundaboutvond encouraged for
you will help keep Aspen a dog swimming clogs)
friendly town. Aspen's dog Pods Strictly Prohibited:
fries ( atmos here is1 d y p a • City ofAspen Golf Course
delicate balance that depends
on responsible dog ownership, • Cozy Point Ranch
including use of-leashes and . North Star Open Space
i picking up after your pet. This
Maroon Creek Wetlands
card is a reference to help you 4.4
IP be on top of Leash Law Strictly game as a y Enforced:
• Downtown (/ncludingPed. Mall)
dog owner. Happy Tails!
• Herron Park (Wading Pool included)
As YOU TRAVEL ABOUT TOWN, ' • Hunter Creek Trail
YOUR PET MUST 8ELEASHED. • Rio Grande Trail
0
• Jennie Adair Wetlands
PEN • Maroft Wetlands (Near Housing)
AS
RKS & RECREATION
THE CITY OF ASPEN • Playing Fields at School Campus
anct Aspen Recreation Center
QUESTIONS OR CONCERNS CONTACT: 970-920-5120
07/10/2014 OSTB Public Packet Page 9 of 10
EXHIBIT B - 7/10/2014 OSTB Regular Session Minutes
EXHIBIT C - 7/10/2014 OSTB Regular Session Minutes
HAAS LAND PLANNING , LLC
July 8, 2014
Pitkin County Open Space & Trails Board
c/o Matt Adeletti, Acquisition Manager
530 East Main Street, 3rd Floor
Aspen, CO 81611
Via email to: matt.adeletti@pitkincounty.com
RE: Potential Open Space Donations in Relation to the requested Extension of
Vested Property Rights for Government 33 LLC (Parcel ID 2737-071-00-040)
Dear Matt and OST Commissioners:
My client, Mr. Warren Lichtenstein, owns three parcels at the top of Spruce Street and
above the Silverlode/Williams Ranch Subdivision, namely: 777 Spruce Street, Government
33 (at 877 Spruce Street), and Smuggler Parcel C (at 888 Spruce Street). Mr.
Lichtenstein has a completed home at 777 Spruce Street and another home under
construction on Parcel C. The Gov't 33 lot sits between these two properties and there is
an active, approved building permit to develop a third home on Gov't 33. The attached
map shows these parcels in relation to the surrounding area and the Smuggler Mountain
Open Space boundaries.
On behalf of Mr. Lichtenstein, I have been engaged in ongoing negotiations with the Board
of County Commissioners (BOCC) for a requested extension of the vested rights associated
with the Gov't 33 land use and building permit approvals. As is common practice, the
BOCC desires that the applicant provide a significant or worthwhile "public benefit" in
exchange for conferring such an extension. We believe that our latest proposal, as outlined
below, should more than satisfy this desire. That said,the BOCC has made it clear that they
want input and a recommendation from the OST Board on the desirability of the proposed
open space donations and the significance of the public benefit the donations would
represent.
I am scheduled to next reappear before the BOCC on August 13, at which time my client
needs a final decision on the proposal and vested rights matter. If the proposal is accepted,
then my client need not proceed with development of the currently approved and vested
residence. However, if the proposal is not accepted, then my client must immediately
proceed with the full development so as to avoid losing his development rights, which
cannot be re-attained under current regulations. Given my long-since established travel
plans and the need for Community Development Department to have a staff memo for the
BOCC by the week of August 4, it is necessary for us to obtain the OST Board's input and
recommendation at your meeting of July 10. My client and I respect you and your time as
volunteers, and we apologize in advance for the rush.
• 420 E. MAIN STREET, SUITE 10-B • ASPEN, COLORADO • 81611 •
• PHONE: (970) 925-7819 • MITCH@HLPASPEN.COM •
EXHIBIT C - 7/10/2014 OSTB Regular Session Minutes
The Proposal
• Take the 5,750sqft of Floor Area currently vested on Gov't 33 and move 2,500sqft of
it to the residence on Parcel C; leave the 2,500sqft allowed under current TR-2 zoning
available for use on Gov't 33, subject to Scenic Review only, to build a
garage/storage facility that might also include a water storage tank (buried/inside) to
serve fire protection needs of both Parcel C and Gov't 33 (Note: the structure would
not be built as a dwelling unit; however, the ability for one to later convert to
residential use at the 2,500sqft maximum would be maintained pursuant to whatever
codes might be in effect at that time). The new Gov't 33 building will be buried other
than exposure of the front/access to the garage doors. Applicant will install
appropriate, native landscaping on Gov't 33 at the location immediately across the
driveway/road from the garage doors so as to screen them from view, and the exposed
portion of the structure will be of a color that will blend with the surroundings. In
connection with development of the garage/storage facility, we desire an underground
easement extending 25 feet to the east of the Gov't 33 property line (into County
Open Space) to accommodate soil nail retention — there would be no affect at or
above grade, or on existing vegetation.
• Furthermore, my client will complete an open space subdivision exemption to
separate out the upper portions of 777 Spruce, Gov't 33 and Parcel C for donation to
Pitkin County Open Space and Trails as passive use open space to be added to the
Smuggler Mountain Open Spaces. This grant should now be able to include a bit
more of the Gov't 33 land than shown on the attached map (i.e., someplace below the
8,240 foot contour) since the garage/storage facility development would consume less
of the land area than would the currently approved and vested residence. The
garage/storage facility, as envisioned and proposed herein, will be virtually invisible
from above due to it being buried and the affected hillside being restored and
revegetated. The lot lines for the open space parcels will be at least 30 feet from the
rear of all existing (on 777 Spruce and Parcel C) and contemplated development (on
Gov't 33) so as to assure continued consistency with rear setback requirements and
avoid creation of nonconformities.
• The proposed Open Space Donations will not only add land area (2.6 or so acres,
subject to more specific survey work) to the Smuggler Mountain Open Space, but it
will also provide a "bridge" between the main portion of the Smuggler Open Space
and the disconnected island of the Smuggler Open Space that is the Ballarat/General
Jackson and Pride of Aspen parcels. That is, instead of the Smuggler Mountain Open
Space being two pieces (a main body and an island surrounded on all sides by private
holdings), this set of donations would make it one contiguous open space for access
and management purposes. The donations contemplated herein would also provide a
perpetual open space border above all potential Spruce Street development. While
the acreages may not be huge, the positioning of the lands is important and should be
highly desirable.
Govt 33 VR Extension(Parcel ID 2737-071-00-040) 2
EXHIBIT C - 7/10/2014 OSTB Regular Session Minutes
• All remaining square footage from the 5,750sqft now vested on Gov't 33 would be
"forfeited" amounting to a forfeiture of 750 square feet of floor area.
• Development of the addition 2,500sgft on Parcel C and of the cut-and-cover
garage/storage facility on Gov't 33 would be immediately undertaken and completed
in as expeditious a manner as practicable (all through change orders to the existing
building permits). Restoration and revegetation on top of the finished garage/storage
facility would be completed as soon as practicable and in consultation with OST staff.
• The existing vested rights and building permit on Gov't 33 will be forfeited in
exchange for the above-described agreement.
• Finally, Mr. Lichtenstein will still complete the up to $106,000 worth of previously
proposed Spruce Street repairs/improvements upon completion of construction on
Parcel C and Gov't 33.
It is sincerely hoped that the foregoing, with the help of the accompanying map, is clearly
described and explained. It is further hoped that the OST Board will see the value of
acquiring these parcels, especially in light of the strategic location of the Gov't 33 land
for access, management and the definition of a perpetual open space border above all
potential Spruce Street development.
If I can be of further assistance in any way, or if you should have any questions,please do
not hesitate to contact me. I can be reached at the phone number provided, or by email at
mitch@hlpaspen.com.
Yours truly,
Haas Land Planning,LLC
Mitch Haas
Owner/Manager
Attachments:
• Conceptual Map of Potential Open Space Donation Parcels
• Existing Smuggler Mountain Open Space Boundaries Map
Govt 33 VR Extension(Parcel ID 2737-071-00-040) 3
EXHIBIT C - 7/10/2014 OSTB Regular Session Minutes
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Existing Smuggler Mountain Open Space Boundaries Map
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EXHIBIT C - 7/10/2014 OSTB Regular Session Minutes _ Roads Water
Topo Structures
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